This is a binding agreement ("Agreement") between IVIVACO Pty Ltd ACN 638 638 874, formerly Match My Makeup Enterprises ("MMM” “Match My Makeup”) and each person who uses this web service ("You" or "Your"). 

This Agreement governs Your use of this website and matching application (hereinafter also “widget”, “matching tool”, “matching service”) (together the "Site"), including, without limitation, all content such as text, information, news, images, contracts, software, APIs, and other downloadable material (collectively, the "Materials") and all services (the "Services") made available to You through this Site by Match My Makeup and/or through third parties. BY USING THIS SITE OR OUR SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

Our Services encompass a third party application that is integrated into Retailer e-commerce stores (hereinafter also “the Retailer”, “Retailer partner site”). The Retailer is the data controller of your personal data. Match My Makeup Enterprises will act on behalf of the Retailer as a data processor, consisting of a solution providing colour matching recommendations for online shoppers. For further information please consult the Retailer’s privacy policy and terms of use.

1. OWNERSHIP OF MATERIALS: 

All Materials and Services on this Site are provided by Ivivaco unless indicated otherwise. All intellectual property rights in the Materials and Services (including copyrights, trademarks, service marks, trade secrets and patents) are the property of Ivivaco. Ivivaco retains all copyrights in the individual pages, and their components, and collective works available at the Site.

The Materials and Services are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Ivivaco’s prior written permission.

2. ELIGIBILITY

Our Site, Materials, and Services are for a general audience available to users who can form legally binding agreements under applicable law and is not intended for use by anyone under 18 years of age. Only individuals who are at least 18 years old and who can form legally binding contracts may use Our Site, Materials, or Services.

Our Site, Materials, and Services may not be used by persons in jurisdictions where access to or use of the Site, Materials, or Services may, in whole or in part, be illegal or otherwise prohibited. It is your sole responsibility to determine whether your use of Our Site, Materials, or Services is lawful, and you must comply with all applicable local laws. If you do not have legal standing to agree to and accept this agreement, you may not use Our Site, Materials, or Services.

We may refuse to let certain people access or use the Site, Materials, or Services at our sole discretion. We reserve the right to change our eligibility criteria without notice by publishing an updated agreement on Our Site.

We offer the Site, Materials, and Services exclusively for personal, non-commercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child), except where otherwise agreed to by Us in writing.

3. RESPONSIBILITY FOR MINORS

Where a parent or guardian has authorised a person under 18 years of age to use Our Site, Materials, or Services, you recognise that you are fully responsible the online conduct of the minor, controlling the minor’s access to Our Site, Materials, or Services, and the consequences of any misuse by the minor. You acknowledge that some areas of the Site, Materials, and Services may contain material that is inappropriate for minors. It is your sole responsibility to comply with all applicable laws relating to the protection of children or minors online.

4. PRIVACY AND PERSONAL INFORMATION:

In accessing and using the Site, we will collect Personal Information (as that term is defined under the Privacy Act 1988 (Cth) (Personal Information) and behavioural data. Personal Information and other information provided by you will be processed by us in accordance with our Privacy Policy.

By providing any such Personal Information or other information you agree to the terms of our Privacy Policy, and in particular you agree that we can capture, collect, hold, use, and disclose your personal information for the purposes set out in our Privacy Policy, including:

• to improve the user experience of the Site;

• to measure user numbers, characteristics and demographics, and analyse user behaviour in order to continuously improve the Site and for use otherwise in connection with our business;

• to provide an augmented reality virtual try-on service;

• to provide aggregated data analytics and business insights to commercial partners;

• to send to you special and / or personalised deals, offers and discounts, surveys and other marketing materials based on your location or known web usage;

• for other purposes to which you, either expressly or impliedly, consent to, and for the purposes set out in these terms and conditions, we may provide this information to our agents, contractors, service providers, joint venture and commercial partners and regulatory authorities, and may transfer your personal information to others in countries outside Australia (including to those that operate our cloud servers outside of Australia);

You may access your personal information by accessing your Site account or making a written request following the procedure outlined in Our Privacy Policy.

5. ACCESS TO THE SITE: 

We grant you a non-exclusive, non-transferable license to download, install and use the Site on your mobile device. This licence is in respect of your use of the Site only. In using the Site, you acknowledge and agree that:

• your use of the Site as permitted is solely for your personal, non-commercial use;

• you will not duplicate, transfer, give access to, copy or distribute any part of the Site in any medium without our prior written consent;

• you will not attempt to reverse engineer, alter or modify any part of the Site;

• you will otherwise comply with the terms and conditions of these Terms of Service;

• you must not introduce any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• access to the Site is not provided on a continuous, uninterrupted, or permanent basis. Not all sections of the Site may be able to be accessed by all users of the Site. We reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period;

• you must not create any liability (civil or criminal) for us or any third-party provider, cause us to lose (in whole or in part) the services of our suppliers;

• you must not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); and

• your use of the Site must not involve any attempt to access any data or system, service or communication which you are not authorised to access.

6. THIRD PARTY SITES AND SERVICES 

Our Site may provide links to websites or services operated by Third Parties. Ivivaco is an independent business and does not endorse, and makes no representations or warranties in respect of any Third Party Site or any information, content, product, or service available on or through a Third Party Site. You agree that it is your responsibility to review and evaluate all the content on such Third Party Sites, and that any and all risk associated with the use of, or reliance on, any third party information, content, or service rests with you. When you leave MMM’s Site, this agreement and Our policies no longer govern. You should review applicable terms and policies, including privacy policies, of any Third Party Site.

Our Materials and Services, in particular our Widget and application programming interfaces (APIs) may be integrated into, offered through, or provided as a component of a Third Party Site, Application, or Service or as part of a Retailer partner site. Where such an integration or use of our API exists, you agree that the Materials and Services will be governed by the terms of use and policies of the Retailer and not this agreement. We do not control and are not responsible for the privacy practices of any third party, including, but not limited to Ivivaco Pty Ltd clients and retailers, and any website or service that links to or from our website or Our Services.

YOU HEREBY RELEASE IVIVACO AND ITS DIRECTORS AND OFFICERS, EMPLOYEES, AGENTS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY LOSS OR DAMAGE THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIM AGAINST THEM, ARISING FROM YOUR PURCHASE OR RELIANCE ON OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIRD PARTY SITES, INCLUDING BUT NOT LIMITED TO, THE AVAILABILITY, USE, OR RELIANCE ON, OUR MATERIALS OR SERVICES OFFERED THROUGH THE THIRD PARTY SITE, A RETAILER PARTNER SITE, OR ANY OTHER SITE OR APPLICATION BY ANY MEANS OF INTEGRATION BY A THIRD PARTY OR RETAILER, INCLUDING BUT NOT LIMITED TO IFRAMES AND APPLICATION PROGRAMMING INTERFACE (API).

7. GENERAL WARRANTIES AND DISCLAIMERS: 

By using the Site, Materials, or Services, you agree that your access to, and use of, the Site, Materials, or Services is subject to these Terms of Service and all applicable laws and is at your own risk. While the information and material contained on the Site and Services is believed to be accurate and current, it is provided by us in good faith on an “as is” basis, and we accept no responsibility for and make no representations or warranties, express or implied, to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site or Services.

Any reference to products or services is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by us. We make no representations concerning any content contained in or accessed through our Site, Material, or Services, and, to the fullest extent permitted by law, We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our Services or Site. Your interactions with organisations and/or individuals found on or through our Site or Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organisations and/or individuals.

IN NO EVENT SHALL IVIVACO, IT’S SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT, MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY MMM.  THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER MMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

IVIVACO ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. 

We may update the Site as often as is practicable and may make changes to the Materials and Services at any time without notice, but we do not guarantee its accuracy at any time. The Site has been prepared under Australian law. We cannot give any undertaking that goods or services you purchase from affiliate programs or third-party sites will be of satisfactory quality, and any such warranties are disclaimed absolutely. Any description of Materials or Services is not a representation that any such Materials or Services are available for sale, use or distribution in Your location. Ivivaco may remove any Materials or Services from this Site at any time.

Any indemnity, agreement, representation, or promise provided by us as set out in these Terms of Service is an indemnity, agreement, representation or promise also provided by you to the employees, officers, agents and shareholders of us and our related entities in relation to the Site.

PLEASE NOTE THAT THE DISCLAIMER OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS AND THAT SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.

8. USER SUBMISSIONS:

Unless otherwise agreed in writing prior to Your submission and except as set forth in the Privacy Policy incorporated herein by reference, any material, information, or other communication You transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Ivivaco will have no obligations with respect to the Communications. Ivivaco and its designees will be free to copy, disclose, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law.

Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Ivivaco hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Ivivaco in its sole discretion and without further notice.

9.  SECURITY

Certain pages on this Site or Services may be accessed only by use of an e-mail address, password, or other code. You are solely responsible for all uses of the Site with your e-mail address, or any passwords and codes (collectively, "IDs") assigned to or selected by you, including uses by a third person you permit or authorise to use your IDs. You agree to immediately notify Ivivaco of any unauthorized use of Your IDs

10. LINKS TO OTHER MATERIALS AND AFFILIATES: 

1. We may feature advertising and promotions on our site. Our site comprises links to thousands of beauty products and clicking on those products redirects to the relevant retail site (Affiliate sites). You may choose to access this third-party content made available via links on our site if you wish to purchase a product. By accessing such content provided by third parties, and by purchasing any products via these external sites, you agree to also be bound and abide by any terms and conditions of use or sale that apply to those third-party sites and purchases. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website.

2. We are a participant in many affiliate programs such as, but not limited to, Amazon Services LLC Associates Program, Rakuten, AWIN, Skimlinks, Commission Factory, Commission Junction (“Affiliates”). These services offer an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to said affiliate sites.

3. Our site is provided solely as an online venue for connecting retailers with consumers. We are not a party to any transaction or contract with any retailer that you may enter into for the purchase of a product, and we have no liability in respect of such products or transactions. We make no warranties as to the quality, safety, or legality of any products advertised on our site. You acknowledge and agree that you are not making a purchase from us and are not entering into a contract with us. Your purchase is from the retailer in question, and your contract is with that seller. We will not be a party to any complaint or dispute between you and any retailer or have any liability therefor. Any claims must be made directly against the retailer concerned and you agree to release us from and indemnify us against any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

4. Where our site contains links to other websites and resources provided by third parties, and information relating to products featured on our site including but not limited to product descriptions, pricing and ingredients, are provided for your information only. Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we make no representations or warranties regarding the accuracy or completeness of the information provided by these third parties or posted about third party products (or their prices) on our site. We will not be responsible for any advertising on the site including, but not limited to, any errors, inaccuracies, or omissions. We are in no way responsible for any products sold by third parties which may be accessible via links from our site. You understand that by using our site (or following any redirected links) you may be exposed to content that is inaccurate or that you may find offensive, indecent or objectionable and that, in this respect, you use the site at your own risk.

5. By law, sellers must provide goods and that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information that they provide to buyers, and that matches any samples or models that they have shown to the buyer. As a consumer, you have certain legal rights with respect to the purchase of goods and services.

6. We do not endorse or approve any third-party products or retailers, nor the content of any of the third-party websites made available via our site. We make no representation or warranty, and accept no liability, for material published on any website which is not under our control. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Products, content and materials accessible via links published on our site have not been verified or approved by us.

11.  CLAIMS OF COPYRIGHT INFRINGEMENT:

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.

12.GENERAL:

These Terms of Service may only be modified with our prior written consent. We may revise or alter these Terms of Service at any time. Revisions and alterations will be posted on the Site. You are responsible for reviewing the Site from time to time to ensure compliance.

If any provision of these Terms of Service is declared void, illegal, or unenforceable, the remainder of these Terms of Service will be valid and enforceable to the extent permitted by applicable law. In such an event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

Any failure by any party to these Terms of Service to enforce at any time any term or condition under these Terms of Service will not be considered a waiver of that party's right thereafter to enforce every term and condition of these Terms of Service.

These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of New South Wales, Australia. The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site or Services complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.

13.ENDING YOUR USE OF THE SITE:

This agreement will continue to apply until terminated by either you or us as set out below. If you want to terminate your legal agreement with us, you may do so by closing your account for the Site.

Please use the directions below to cancel your account, only if you have created a profile. Otherwise, just uninstall and stop visiting the Site.

Email: info@matchmymakeup.com

Once you have emailed us, within a reasonable time:

• your account will be closed, and your ability to log in deactivated; and

• any data in our records will be dealt with in accordance with our Privacy Policy

14.COMPETITIONS:

Ivivaco will run competitions including with external companies. All competitions will be run through the MMM site and/or MMM social media accounts and any affiliate competitions run on an external website will be subject to the external companies T&Cs.

15.ENQUIRIES AND COMPLAINTS:

If you have any enquiries, complaints or wish to contact us in relation to the Site or these Terms of Service, please email us at:

Ivivaco Pty Ltd
1501a, Tower 1, 520 Oxford Street, New South Wales, Australia 2022
Tel.: +61 475 776 130
Email: info@matchmymakeup.com

Terms of Service effective date: 18th January 2023