TERMS & CONDITIONS
Last updated October, 2018
Welcome to scentstyle.com.au and other online locations such as Facebook, Instagram and Twitter (together, the
"Site") offered by YattaTech Pty Ltd "we," "our" or "ScentStyle".
The content and services available on the Site are subject to the following terms of use ("Terms"). By accessing
or using the Site, you acknowledge that you have read, understand and agree,
without limitation or qualification, to be bound by these Terms, which include our privacy policy. If you do not
agree to these terms, please do not use the Site.
CHANGES TO THE TERMS
We may update or alter these Terms at any time or from time to time, by posting the revised version on the Site,
although we are not undertaking or promising to do so.
Your use of the Site after a revision will constitute your acceptance of the revised terms and the revisions
will apply to you after the "last updated" date,
which is posted at the top of this page. Therefore, you should check these terms occasionally in the event that
they have changed. We assume no responsibility
to you if you fail to do check for revisions to our Terms and we do not assume any liability if you take any
action or refrain to take any action without first checking these Terms.
No change or alteration in these rules shall be deemed in any instance or instances to be an admission that
there is or ever was anything wrong with these rules.
PRIVACY POLICY
Please review our privacy policy, which also governs your visit to the Site. If you do not agree with
the privacy policy, you are not authorized to use the Site.
The terms of the privacy policy are incorporated in these terms by reference.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service or any contact
on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect
these Terms.
PRODUCTS AND PRODUCT INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. However, to the extent
permitted by applicable law, we do not guarantee
that the product descriptions, colors, sizes, prices or other content available on the Site are accurate,
complete, reliable, current, or error-free.
All material and information presented by ScentStyle is intended to be used for personal educational or
informational purposes only. The statements made
about products have not been evaluated by the Australian Therapeutic Goods Administration (TGA). All products
should be used strictly in accordance with their instructions,
precautions and guidelines. You should always check the ingredients for products to avoid potential allergic
reactions. Please consult with your own physician
or health care practitioner regarding the use of any goods, products or information received from the Site
before using or relying on them. Your physician
or health care practitioner should address any and all medical questions, concerns and decisions regarding the
possible treatment of any medical condition.
ScentStyle does not give or intend to give any answers to medical related questions and this Site does not
replace any medical professional or medical resource.
The products available on the Site, including any samples ScentStyle may provide to you, are for your personal
use only. You may not sell or resell
any products you purchase or otherwise receive from ScentStyle. Unless otherwise prohibited by law, we reserve
the right to change or substitute
any products offered for sale on the Site, and the prices or descriptions of any products, at any time without
any notice or liability to you or any other person.
We reserve the right to limit quantities of products sold or made available for sale on the Site and to decline
any purchase. The Site content and products available
on the Site may be out of date or differ slightly from the actual products.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The
material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without consulting primary, more
accurate, more complete or more timely sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is
provided for your reference only. We reserve the right
to modify the contents of this site at any time, but we have no obligation to update any information on our
site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or
discontinuance of the Service.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at
our store. You agree to promptly update your account
and other information, including your email address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor
input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any
warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you
should ensure that
you are familiar with and approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of
new tools and resources).
Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are
not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content,
or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you
engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The Site may contain areas for you to post reviews, share your story, submit comments and other content,
including photographs, and message or communication facilities to enable
you to communicate with other users the Site and ScentStyle (collectively "User Content"). You retain all rights
in, and are solely responsible for your User Content.
You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to
post only User Content that you have the right to use or authorize others to use,
and that is appropriate for general audiences and not confidential or private or harmful to others.
In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are
prohibited and a material breach of these terms. By way of example and not limitation, you agree that you will
not:
- aggregate, copy, duplicate, publish or make available any content to third parties outside the Site in
any manner;
- defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others,
or impersonate anyone else or misrepresent your identity or affiliation;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic,
offensive, infringing, obscene, indecent or unlawful topic, name, material, content or information;
- upload or download files that contain any content protected by intellectual property laws or other laws,
unless you own or control the rights or interests or have received all necessary consents or
permissions;
- upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other
similar software or programs that may damage the operation of another's computer;
- use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes,
multi-level marketing schemes, chain letters, or similar forms of unauthorized advertising or
solicitation, or hack or violate any security measures;
- falsify or delete any author attributions, legal or other notices, or proprietary designations or labels
of origin or source; or
- engage in any other action that, in our reasonable judgment, exposes us or any third party to potential
liability or detriment of any type.
You grant ScentStyle and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign,
translate, create derivative works from, distribute and display your User Content in any form throughout the
world in any media whether now known or hereafter developed,
alone or as part of other works. You further grant ScentStyle and our affiliates the right to use the name that
you submit in connection with such content in our sole discretion.
You represent and warrant that you own or otherwise control all rights to the User Content that you post, that
the User Content is accurate, that use of the User Content does not violate
these terms and will not cause injury to any person or entity. You waive the opportunity to inspect or approve
such use, and any obligation to identify you in connection
with a submission or User Content. You agree to indemnify ScentStyle, its subsidiaries, affiliates, partners or
licensors, and their respective officers, agents, partners and employees,
against any loss, liability, claim, or demand, including attorneys' fees, relating to User Content you supply to
the Site. It is our policy to decline any unsolicited suggestions or ideas.
In addition to the foregoing regarding submissions, any unsolicited suggestions or ideas will be treated as
non-proprietary and non-confidential and will not be returned.
We may use any intellectual property or other rights in any submission for any purpose, including, without
limitation, for developing, manufacturing, distributing and marketing new products.
ScentStyle may, but is under no obligation to, monitor and edit or remove any activity or content at its sole
discretion. We take no responsibility and assume no liability for any content
posted by you or any third party. ScentStyle does not necessarily endorse any opinion or statement contained in
any submission or User Content.
PERMITTED USERS
The Site is provided for the personal use of persons over 18 years old. Registration and product sales are for
persons who are 18 years old or older. If you are under 18 years old,
by browsing the Site you confirm that you have the permission of a parent or guardian to do so.
YOUR ACCOUNT
You may choose to create an account on the Site by registering with us or using third-party sign on services
(e.g. Facebook Connect). If you use a third-party sign on service,
you expressly authorize ScentStyle to access your account information maintained by identified third-party data
service providers, on your behalf in connection with your use of the Site.
Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw
approval of, your registration at any time for any reason.
In registering an account, you agree to provide, maintain and update information that is true, accurate, current
and complete about yourself.
When you register an account, you will select a email address/username and password to be used to access your
account. You are responsible for maintaining the confidentiality of your account,
username and password and for restricting access to your account. You agree to accept responsibility for all
activities that occur under your account, username and/or password.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms
or if we decide, in our sole discretion, that it would be in our best interests to do so.
SUBSCRIPTIONS AND ORDERS
The products and subscription available on the Site can only be delivered within Australia. We do not deliver to
any other country. Make sure to provide us with the correct shipping information and to update shipping
information if you move.
- Subscription:
(i) The Site may offer certain products or services that require you to purchase a subscription for a
period of time as specified during purchase (collectively a "Subscription").
Your Subscription, which may start with a price promotion, will automatically continue on a
Subscription-to-Subscription basis unless you cancel your Subscription or we terminate it.
We reserve the right to revoke your subscription at any time as a result of a violation of these Terms
or the privacy policy. Membership is void where prohibited by law.
(ii) ScentStyle may offer special promotions with differing conditions and limitations. Any materially
different terms from those described in the Terms of Use
will be disclosed at sign-up or other communications made available to you.
- Billing:
(i) Payment Methods. In connection with any and all orders or Subscriptions that you select to purchase
you must provide us with a current, valid, accepted method of payment,
which may change from time to time ("Payment Method"). All Subscription and purchases are subject to the
Terms of Use and any additional terms and conditions, including any fees,
imposed by your financial services provider and/or mobile carrier, as applicable. By providing your
account information in connection with any Subscription or purchase you hereby
authorize ScentStyle to debit the total cost of said Subscription and/or purchase and agree to be
responsible for all associated charges, including any applicable taxes.
Should charges for which you are responsible fail at the time payment is required, you will be
responsible for all costs and fees associated with any and all efforts by ScentStyle,
or otherwise in connection with ScentStyle's efforts, to be paid such amounts due, including but not
limited to any attorney fees and other legal expenses. You represent
and warrant that all information you provide in connection with the purchase of a Subscription and/or
purchase is true, accurate and complete. We reserve the right
to offer Subscriptions for the durations and at the corresponding costs that we determine appropriate,
in our sole discretion.
(ii) Billing Cycle. The fee for certain Subscriptions must be paid in a single up front payment while
other Subscriptions may allow payment on an installment basis (e.g. month-to-month).
If the Subscription fee is paid in a single up front payment, the total Subscription fee is due and
payable to ScentStyle immediately upon sale and your Payment Method will be
automatically billed at that time. If the Subscription fee is paid on an installment basis, your Payment
Method will automatically be billed at the beginning of each installment
period as specified during check-out.
(iii) Automatic Renewal. In order to provide continuous service, ScentStyle automatically renews all
Subscriptions on the date the Subscription expires.
Such renewals will be for the same duration of the original subscription term and will be billed at then
current rate of the applicable subscription and according to
your original billing cycle method (i.e. month-to-month, single up front payment). By enrolling in a
Subscription, you agree that your Subscription will be
subject to the above described automatic renewals. You also agree that the amount billed may be
different if your original Subscription was purchased
using a promotional offer and you authorize us to charge your Payment Method for such varying amounts
and any other charges that you may incur
in connection with your use of the Subscription. Your Subscription will remain in effect and continue to
renew automatically until it is cancelled.
If you adjust the subscription frequency of your account, future billing cycles will be charged
according to the latest subscription frequency selected.
Your shipments will also follow this schedule.
- Cancellation. IF YOU WISH TO CANCEL YOUR AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY visiting your
Account Settings Page and clicking on "Request cancellation"
or by emailing us. ScentStyle will make reasonable efforts to process cancellation requests within seven
business days from the receipt of the cancellation request.
If you cancel, you may use your Subscription until the end of your then-current subscription term which
has been paid in full.
RETURN AND REFUND POLICY
-
Subscription Returns. There are no returns for products shipped according to a Subscription. If your
Subscription is for a three, six, or twelve-month period,
you can change your preferences for the next shipment provided that your changes are made no later than
the first of the month. Some Subscriptions may qualify for a product swap,
which will allow you to exchange a product for a different product. Details on product swap will be
provided during the sign-up process for eligible Subscriptions.
-
Subscription Cancellation. If you cancel your Subscription, you will not be eligible for a refund of any
kind for the portion of the Subscription fee paid,
however you will be entitled to receive shipments until the end of your then-current Subscription term
which has been paid in full.
There are no refunds for gift subscriptions. Renewal Subscriptions are eligible for a full refund if the
refund request is received
by ScentStyle within 30 days of your first automatic renewal payment.
- extra items. We also offer additional products for sale on Site (such as extra cases). Unfortunately, we
don't offer refunds or returns on these items.
GIFT SUBSCRIPTIONS
You can purchase a subscription as a gift for someone ("Gift Subscription) by selecting either a three, six or
twelve month subscription period and prepaying the entire subscription fee at check out.
For Gift Subscriptions, the subscription will not be renewed after the then-current term you purchased expires.
You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
PRODUCT GUARANTEE AND PACKAGING
All of the products available on the Site are genuine designer fragrances and beauty products. Our Site has
absolutely NO imitations or knock-offs.
HOWEVER, WE ARE NOT ASSOCIATED WITH THE DESIGNER OR THE DESIGNER'S PERFUME MANUFACTURER IN ANY WAY AND HAVE NO
AGREEMENT OR ARRANGEMENT WITH THEM AUTHORIZING US TO REPACKAGE THE PERFUME.
SOCIAL MEDIA
Our Site may contain social media features such as the Facebook Like button and widgets for other social media
such as Pinterest, Twitter, Tumbler, and Instagram.
These social media features may collect your IP address, which page you are visiting on our site, and may set a
cookie to enable the feature to function properly.
Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your
interactions with these features are governed by the privacy policy
and terms of use of the company providing the feature or widget. You should carefully review the terms and
conditions and privacy policies.
Please be mindful that not all accounts, usernames, sites, handles, pages etc. that make use of the name
"SCENTSTYLE" are actually provided by us.
Additionally, we may not respond to comments or questions posted via social media. If your submission to our
social media pages or feeds contain questions
or comments for ScentStyle, we may respond publicly or privately; however, we encourage anyone with questions or
comments to visit our
website at https://www.scentstyle.com.au or to contact us at support@scentstyle.com.au
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any related website is inaccurate at any time without
prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to
indicate that
all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Service or
of any related website, other websites, or the Internet; (h) to collect or track the personal information of
others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the
prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service
at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use,
without any representation, warranties
or conditions of any kind, either express or implied, including all implied warranties or conditions of
merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ScentStyle, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits,
lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or any products procured using the
service, or for any other claim related
in any way to your use of the service or any product, including, but not limited to, any errors or omissions in
any content, or any loss
or damage of any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service,
even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ScentStyle and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any
third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by
reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable,
such provision shall nonetheless be enforceable
to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed
from these Terms of Service, such determination shall not affect
the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these
Terms of Service at any time by notifying us that you no longer wish
to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of
these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement
and understanding between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of
Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting
party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of the State of Victoria.
QUESTIONS?
If you have any questions regarding these terms and conditions, please contact us at support@scentstyle.com.au