Last updated 26th July , 2021                                   

Version 1: 26th July 2021 

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ELLUS & KRUE VIP KRUE CLUB, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE.  

1. Application and scope 

1.1  These Terms of Use apply to your access to, and participation in, the VIP Krue program (“VIP Krue" or “Program”) which is operated by Ellus & Krue Pty Ltd, Unit 1, 8 Technology Drive Arundel QLD 4214 Australia, and contact point support@ellusandkrue.com.au or + 617 3184 6340. ELLUS & KRUE reserves the right to change, modify and/or eliminate VIP Krue and/or all or any portion of these Terms of Use or any policy, or FAQ, pertaining to VIP Krue at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to www.ellusandkrue.com.au/vipkrue 
 1.2  Your participation in VIP Krue confirms your acceptance of these Terms of Use and any such changes or modifications; therefore, you should review these Terms of Use and applicable policies and FAQs frequently to understand the terms and conditions that apply to VIP Krue. The latest version of the Terms of Use and the Services are available at www.ellusandkrue.com.au/vipkrue.  ELLUS & KRUE will notify you (at the point of contact provided by the Member) at least 30 days before changes (which in ELLUS & KRUE’s reasonable opinion may be materially detrimental to your rights and obligations) are to take effect. In the event you do not exercise your right of termination under clause 4(1) in case of disagreement with the changes within 30 days of receiving the notice, you shall be deemed to have agreed to such changes. You can always exercise your right of termination under clause 5 (1) in case of disagreement with any changes. 
 1.3  VIP Krue is intended for personal use only. Commercial use is prohibited. Only individual physical persons that are residents of the age of majority in the country in which ELLUS & KRUE operates, qualify as end-consumers under the applicable rules, regulations or legislation of that jurisdiction and may, participate in VIP Krue (“Member” or “you”). 
 1.4  All services, offers, content and any other benefits and initiatives, in connection with VIP Krue (“Services” or “Rewards”), are provided by ELLUS & KRUE only on the basis of these Terms of Use and only at the ecommerce website www.elllusandkrue.com.au. 

2. Joining VIP Krue

2.1 These are the following ways to enroll in VIP Krue:

1. Complete the sign up form online at www.ellusandkrue.com.au/vipkrue.  
2. Complete the sign up form in the footer on any page on www.ellusandkrue.com.au; or
3. Tick the “Join the VIP KRUE to receive news and offers” button during checkout, when transacting on the website www.ellusandkrue.com.au.

2.2  The enrolment process may require that you provide the following information: first name, surname, password, email address (mandatory and required in order to receive all eligible Services), mobile phone number, birthday, skin type and skin concerns, and marketing preferences.  
2.3  Please read the Privacy Policy for VIP Krue which is an integral part of these Terms of Use carefully to understand how ELLUS & KRUE collects, uses and discloses information about Members and how to update or change your personal information and how ELLUS & KRUE communicates with you. 
2.4  Your participation in VIP Krue is free of charge and does not require any prior purchase.  

3. Services 

As a Member of VIP Krue, you may benefit from the Services that ELLUS & KRUE provides from time to time. These Services may include (without limitation and as an indication only), news and information about VIP Krue, ELLUS & KRUE and ELLUS & KRUE products and services, invitations to (qualifying) Members to take part in special events and promotions, such as the presentation of new products or discounts and other promotions, personalized product information and special offers and/or services, vouchers, access to exclusive content or events, news and updates of relevance for Members.

4. Member’s Obligations

4.1  The VIP Krue membership is assigned to you and is not transferable to third parties. The Services and other benefits of membership to which you are entitled or eligible for are non-transferable. 
4.2  You are solely responsible for any damage resulting from any fraudulent misuse of the membership that is caused directly or indirectly by you. 
4.3  You are fully responsible for providing and maintaining accurate and complete information regarding your membership, including without limitation contact information such as email address and/or telephone number. Lack of or incorrect information may lead you to not being able to enjoy the Services, at your sole responsibility. In order to be eligible for the “Birthday Surprise” benefit, you must have submitted your birthday month when signing up.
4.4  You will only be entitled to Services by being signed up to the Ellus & Krue marketing newsletters. Customers who suppress their email or opt out of the marketing email campaigns are not eligible for Services. 

5. Termination

5.1  You may terminate your membership with VIP Krue at any time without observing any period of notice by communicating with ELLUS & KRUE at the contact points indicated in clause 1(1). Immediately upon termination, all benefits, Services and other elements relating to your membership will be cancelled.
5.2  ELLUS & KRUE may terminate your membership with VIP Krue at any time by giving three (3) months’ notice.
5.3  ELLUS & KRUE may also terminate immediately your membership for good cause. Good cause includes, among others, and at ELLUS & KRUE’s discretion, you providing false data to ELLUS & KRUE, including, but not limited to, invalid contact information, misuse (including fraudulent use) of your membership and/or the Services.

6. Limitation of Liability

6.1  ELLUS & KRUE shall not be liable to any person for any action taken or neglected to be taken with respect to the Program to the fullest extent permitted by law.
6.2  ELLUS & KRUE will attempt to send correspondence to active Members to advise them of matters of interest. However, ELLUS & KRUE will not be liable for any failure to do so and will not be responsible for incorrect or inaccurate transcription of entry information, for problems related to any of the equipment or programming associated with or utilized by the Member, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Web site or on-line service, for any other technical or non-technical error or malfunction, for lost, late, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail or other mail for whatever reason, except for any liability which cannot be excluded by law.

7. Miscellaneous

7.1 No waiver by ELLUS & KRUE of any of the provisions hereof will be effective unless explicitly set forth in writing. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use shall operate, or be construed, as a waiver by ELLUS & KRUE; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege by ELLUS & KRUE.
7.2  If for any reason any of these Terms of Use are determined to be illegal, invalid, or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid, or unenforceable, it will be severed and deleted from these Terms of Use, and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
7.3  NEITHER ELLUS & KRUE NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, DESIGNEES, AGENTS, OR EMPLOYEES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR VIP KRUE OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED THEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7.4 These Terms of Use and all legal relations between ELLUS & KRUE and you in connection with the VIP Krue membership shall be subject to the laws of the seat of ELLUS & KRUE. Any legal dispute will be subject to the exclusive jurisdiction of the city in which ELLUS & KRUE has its seat. 
For questions, inquiries and contact information please refer to clause 1(1).