Terms and Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.yenbody.com website (the “Service”) operated by Yen Body (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Yen Body PTY LTD: Terms and Conditions

1. Ownership

• Copyright © 2018 YEN BODY PTY LTD ABN 54 629 309 717.  This copyright notice applies, and is not limited, to the following websites, and any of its affiliate pages from time to time (“Website”):
• Journeyhaircare.com & Yenbody.com are owned by YEN BODY PTY LTD ABN 
  54 629 309 717.

2. Copyright

• Copyright exists in the marketing material, website, mobile apps and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the Website unless otherwise obtained from a third party who may itself have its own copyright in that material.   

3. Intellectual Property

• Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, recipe creations, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.   

4. Definitions

For the purposes of these Terms and Conditions in addition to the above paragraphs the following definitions apply:

• “Account” refers to your Subscription.
• “Licence” means these Terms and Conditions for use of the Website and its contents;
• “Our, ourselves, us, we”, refer to Yen Body Pty Ltd, and its affiliates who for the purposes of these Terms and Conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
• “Party” refers to a party to these Terms and Conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these Terms and Conditions bind them jointly and each of them severally;
• “Product” includes but is not limited to all Yen Body Treatments offered on the Website;

• “Rollover” is the term used to describe the automatic continuance or auto-renewal of your Subscription which occurs every 4, 6 or 8 weeks. (Your rollover is determined by you during your first purchase) Can be altered through customer portal once purchased.
• “Subscription” means registration on the Website for an auto-renewal monthly delivery of selected Products;
• “You or yours” refers to you, the person accessing the Websites, Subscription, Account and agreeing to the Terms and Conditions of your use of same;
• “Cut off” is the term used to determine the date in which a subscription cancellation needs to be received. Your cancellation request needs to be received 3 days prior to your scheduled order.
• “Discounts” Do not apply to Subscriptions and gift cards. 

5. Your Agreement

• In accessing the Website, including all web pages, and/or your Account, you are deemed to have read and personally agreed to these Terms and Conditions. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time without further notice. Your continued use of the Website and your Account after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and Conditions and to review such changes.

6. Use of Website

• By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non- sub-licensable licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website.
• The term of this licence shall be for a term of 5 (five) years from the date of registration of your activation.
• You agree that when you access the Website, and review the Products, that you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
• You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.

7. Eligibility

• You represent and warrant that you are at least 18 years old and will be responsible for completing all sign-up information or if under 18 years of age, have been granted access by your parent or guardian. If you are accessing and using the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
• Without limitation, the Website is available only to individuals that can form legally binding contracts.

8. Subscription

• The Subscription service is designed to allow users such as yourself the ability to send or receive our Products on a regular ongoing basis pursuant to your original sign up terms. The Subscription orders will Rollover every 4, 6 or 8 weeks depending on which subscription you chose at the checkout. Customers are able to change their subscription frequency through the customer portal link.

9. Subscription Cancellation & Changes

• If you wish to change the frequency, suspend or cancel your subscription you must email [email protected] before the cut-off date to prevent being charged a further month.
• ANY cancellation requests received after the cut-off date will not be refunded.

10. Ordering Policy

• By placing an order for any Products on our Website you are offering to purchase the goods on and subject to these Terms and Conditions. All orders are subject to availability and confirmation of the order price.
• When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

11. Payment and Auto-Renewal:

• You agree to pay Yen Body the amount that is specified in the Service. If you have subscribed to the Service, you hereby authorise us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. You understand and accept that, unless otherwise expressly stated, our Service is a subscription that operates on an auto-renewal basis such that your credit card or other payment instrument will be assessed a monthly fee after the conclusion of your initial subscription package. All payments made are non-refundable. If you have paid for a Product but did not receive it, please contact us at [email protected]. We reserve the right to increase or vary the Subscription plan prices at any time. If Yen Body does, we will provide notice of the change on the Site or in email to you. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

12. Taxes:

• You agree to pay all taxes, duties and other charges that may be incurred by you or on your behalf through the Subscription, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you will remain responsible for any taxes that may be applicable to your purchases made through the Service, including any district taxes in your jurisdiction.

13. Shipping

• We offer free shipping for all Australian Subscriptions.
• Shipping is charged to all products under $100
• Free Australia wide Shipping up to 1kg when you spend over $100 (shipping will be charges when order weight exceeds 1kg on all orders)
• We do not offer discounted shipping.
• It is the responsibility of the customer to ensure all their shipping details are correct including address and shipment method. If your order is returned to our head office, you will be liable for re-shipping costs.
• No signature is required on delivery
• All parcels are selected to be “left at door” we reserve the right to NOT refund you for the lost shipment, due to theft or non-delivery. The customer has taken the responsibility of leaving their items unattended, if they chose the above.
• If you wish to sign for your product please email [email protected] within 12 hours of ordering so we can update this for you there.

• Shipping – Australia/New Zealand

  Domestic orders are sent using Australia Post standard delivery with tracking information provided.  Please allow 7 – 10 business days for your order to arrive. (Please check your local post office for specific times/delays) If you have not received your package after 10 business days or for any enquiries regarding your order, please email [email protected]

  Australia’s default delivery system is Safe Drop.  It is your responsibility to email support for ‘signature upon delivery’ if you do now wish to us Safe Drop.

• Shipping – International

  You will receive your purchase within 10-20 business days. If there is any delay, you may need to contact your local post office/courier and ask for more information. (Orders being sent to Dubai, Germany or South Africa can take up to 3 months to arrive.)

  All international orders come with a tracking number, it is up to the courier to ensure the tracking stays active and updated.

  If you are ordering from the Middle East, you MUST provide a detailed home address. Orders CAN NOT be sent to a PO BOX in the Middle East.

• What if my product is damaged/lost?

  All of our products under go quality control testing and all bottles are checked before being sent to our customers. Once the product leaves our head office or fulfilment house, it is the responsibility of the local courier/postal service and Yen Body cannot be held liable for any damages. If your product sustains any damages in transit a dispute needs to be raised with postal service in your local area.

Commercial Use:

• Unless otherwise expressly authorised herein or in accordance with your Subscription, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Product, service, or Subscription. The Subscription service is for your personal use and may not be used for direct commercial endeavours.

15. Complaints

• We operate a complaints handling procedure, which we will use to try to resolve disputes when they first arise. Please let us know if you have any issues or complaints by emailing [email protected]

16. Refund Policy

• It is the responsibility of the customer to ensure all shipping details are correct including address and shipment method. If your Subscription order is returned to our head office, you will be liable for re-shipping costs.
• Lost items will need to be registered and processed through your local postal service. Lodgement of disputes and claims must be made by you.  Yen Body cannot action refunds or replace items until this process has been completed.
• Please note, we do otherwise provide refunds for non-deliveries. We unfortunately do not provide refunds for change of mine, product not suitable.

17. Change of Address, Contact Details and Locations

     

• It is your responsibility to ensure that the mobile number, postal address and email address you have registered with Yen Body are kept current. You can make these changes by emailing [email protected] with your new contact details and authorise us to make the changes on your behalf prior to the Cut Off Date.

18. Privacy Policy and Collection Statement

• We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
• We will manage your personal information in accordance with the requirements of Australian laws.
• We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or Account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk.

19. Disclaimer of Warranties and Limitation of Liability:

• We do not guarantee, represent or warrant that your Subscription will be uninterrupted, timely, secure or error-free.
• You agree that from time to time we may remove the Subscription 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 Subscription is at your sole risk.
• In no case shall Yen Body Pty Ltd, 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 services, Subscription or any Products procured, or for any other claim related in any way to your use of the Subscription 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.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

COMPETITION / GIVEAWAYS

• All prizes are in AUD.
• The prize winners will be required to contact [email protected] prior to prize being sent.

Y.E.N – Yes Every Night Microfibre Pillow cover

• Recommend washing before use with mild detergents that agree with your skin and allergies 

  Instructions for washing your Y.E.N microfibre pillow cover.

• Best to wash in cold water with mild detergent avoid fabric softeners. it’s soft enough and doesn’t need any help 🙂
• We recommend washing separately to keep your microfibre pillow cover from clogging the fibres with lint.
• Air-drying will increase product life, and if you must dry in a dryer, make sure it’s on a low setting and separately from other fabrics
• Not recommended to have wet/ soaking hair Prevents product (journey) from transferring to pillow not water or liquid.
• This product cannot be returned for health or hygiene reasons.
• Microfibre is made of two primary fibres: Polyester and Polyamide.
• Microfibre can absorb more water than any other known fabric. Up to 7 times its own weight.
• Microfibre can be washed and re-used hundreds of times.
• Care for the pillow cover and your pillow is the responsibility of the customer.

ACCOUNTS
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of Yen Body and its licensors.

LINKS TO OTHER WEB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Yen Body.

Yen Body has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Yen Body shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US
If you have any questions about these Terms, please contact us.