Your use of this Site for any illegal or unauthorised purpose is expressly prohibited. In consideration of your use of this Site, you agree to provide true and accurate information about yourself when creating an Account, and update your Account from time to time to keep it accurate. If you provide, or the Company has reasonable grounds to suspect that you have provided, information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend and refuse any and all current or future access by you to this Site or any portion thereof. Furthermore, if the Company has any reason to believe that you may be creating fraudulent accounts or engaging in any deceptive behaviour while using this Site, the Company may suspend and refuse any and all current or future access by you to this Site or any portion thereof and may also refuse to honour any credits or other earned benefits.
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, this Site or any part thereof with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any part thereof. The following sections shall survive any termination of these Terms: “Copyright,” “Indemnification,” “Disclaimer of Warranties; Limitation of Liability,” “Disputes and Dispute Resolution” (including all subsections) and “General.”
This Site may be linked to other Web sites. You acknowledge and agree that the Company is not responsible for the availability of such external Web sites, and does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available from such Web sites. You further acknowledge and agree that the Company 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 site.
If you utilize your Facebook account to access and use the social features on this Site, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that this Site is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use this Site and its social features, you agree to respect other users of this Site in your interactions with them. Company reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
Prices, descriptions and availability of products on this Site are subject to change without notice. Errors may be corrected when discovered, and the Company reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. The Company does not guarantee that information displayed on the Site is 100% accurate.
PROMOTIONAL DISCOUNT CODES
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases made throughout this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
These T&Cs relate to all SYDNEY FRAGRANCE promotions and discount codes (unless otherwise stated). Limited to one promotional code per order Limited to orders of $100 and over Limited to full price items only Cannot be used in conjunction with any other promotional offer Cannot be used after an order has already been placed No one promotional discount code or voucher can be used in conjunction with any other discount code or voucher, on the SYDNEY FRAGRANCE website, unless explicitly stated otherwise by an authorised representative at SYDNEY FRAGRANCE Vouchers and promotional codes are not redeemable for cash Vouchers and promotional codes are not transferrable Vouchers and promotional codes cannot be used against custom dress orders Vouchers and promotional codes are valid only for 2 weeks from date of receipt The decision of whether or not to honour a voucher or a promotional code is at Fame & Partner’s sole discretion. All decisions are final and binding.
Unless otherwise indicated, this Site and all content contained therein, including but not limited to text, photographs, images, icons, graphics, trademarks, trade names, logos and software (“Content”), is owned by the Company and protected by applicable law. You agree not to copy, publish, use, display, transmit, modify, transfer, sell, reformat, distribute, create derivative works from, or in any way exploit the Content without the Company’s prior written approval. In addition, any mechanized or systematic processes for harvesting information from this Site for any purpose is prohibited. Nothing contained in or on this Site should be construed as granting any license or right, by implication or otherwise, to use any of the Content at any time.
Copyright 2015/16 SYDNEY FRAGRANCE. All rights reserved.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. The Company shall not be liable or responsible for any loss or damage arising from any unauthorised use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that the Company shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify the Company immediately of any unauthorised access to your Account or any other unauthorized use of the Site.
You agree that the Company may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which the Company believes is harmful to this Site or its business interests. You agree that any termination, limitation of access and/or suspension shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys’ fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this Site by you or any other person accessing the Site using your Account; (b) the use of, or connection to, this Site by you or any other person accessing the Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
DISPUTES AND DISPUTE RESOLUTION
GUARANTEE AND COMPLAINTS MANAGEMENT
The Company shall perform its obligations under these Terms and Conditions with reasonable skills and care.
The Company places great value on customer satisfaction. You may contact us at any time using the contact details provided on the Site. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
FORCE MAJEUR (Circumstances beyond The Company’s control)
The Company shall not be liable to you for any breach, hindrance or delay in the performance of these Terms attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate your order of a product or products forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
Any notice under shall be in writing and may be served by personal delivery or by pre-paid or recorded delivery letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other.
Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in the Australia. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
Use of this Site, membership in the SYDNEY FRAGRANCE Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the Site, SYDNEY FRAGRANCE Membership Program and/or your Account, or products purchased through the Site shall be governed by the laws of New South Wales, Australia.
Both you and the Company waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the SYDNEY FRAGRANCE Membership Program and/or your Account, or products purchased through the Site as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
Jurisdiction and venue for any dispute shall be in New South Wales, Australia. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms provide for final, binding arbitration of all disputed claims (discussed immediately below). The Company and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before any proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or the Company shall send a letter to the other side briefly summarizing the claim and the request for relief. If the Company is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to SYDNEY FRAGRANCE, 100 BARANGAROO AVE, SYDNEY, NSW 2000, Australia. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorised herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of this Site, membership in the SYDNEY FRAGRANCE Membership Program, any purchases made through this Site, and any controversy, claim or dispute arising out of or relating in any way to your use of the Site, your membership in or purchases through the SYDNEY FRAGRANCE Membership Program, or products purchased through the Site shall be resolved by final and binding arbitration.
The arbitration shall take place in Sydney, New South Wales, Australia in accordance with the Australian Consumer Law 2011 and will be run by a regulator provided by the State, in accordance with the governing guidance principles.
The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver or relinquishment to any extent of the Company’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect. If any provision of these Terms is found by a court of competent jurisdiction, statute, rule or otherwise to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms.
Updated December 2015