Terms & Conditions
Yen Body PTY LTD: Terms and Conditions
- 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 are owned by YEN BODY PTY LTD ABN
54 629 309 717.
3. Intellectual Property
- 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.
- 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.
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;
5. Your Agreement
- “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.
"Discount" only applies to non subscription products.
6. Use of Website
- 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.
- 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.
- 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.
9. Subscription Cancellation & Changes
- 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.
10. Ordering Policy
- If you wish to change the frequency, suspend or cancel your subscription you must email firstname.lastname@example.org 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.
11. Payment and Auto-Renewal:
- 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.
- 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@example.com. 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.
- 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.
14. Commercial Use:
- We offer free shipping for all Australian Subscriptions.
- International Subscriptions will receive discounted shipping at a fixed fee of $10AUD per product.
- 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.
16. Refund Policy
- 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 our team lilly@Yenbody.com
17. Change of Address, Contact Details and Locations
- 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.
- 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 lilly@Yenbody.com with your new contact details and authorise us to make the changes on your behalf prior to the Cut Off Date.
19. Disclaimer of Warranties and Limitation of Liability:
- 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.
- 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.