1. Definations & Interpretation
2. General use of Services and/or access of Platform
2.1 Guidelines to the use of Platform and/or Services: You agree
to comply with any and all the guidelines, notices, operating
rules and policies and instructions pertaining to the use of the
Services and/or access to the Platform, as well as any amendments
to the aforementioned, issued by us, from time to time. We reserve
the right to revise these guidelines, notices, operating rules and
policies and instructions at any time and you are deemed to be
aware of and bound by any changes to the foregoing upon their
publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to:
- use the Platform or Services for illegal purpose;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or Services; and
- use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of Platform and Services: We may, from time to
time and without giving any reason or prior notice, upgrade,
modify, suspend or discontinue the provision of or remove, whether
in whole or in part, the Platform or any Services and shall not be
liable if any such upgrade, modification, suspension or removal
prevents you from accessing the Platform or any part of the
2.6 Terms & Conditions of Sale: Purchases of any Product would be subject to the Terms & Conditions of Sale.
3. Use of Services
3.1 Application of this Clause: In addition to all other terms and
are the additional specific terms and conditions governing your
use of the Services.
3.2 Restrictions: Use of the Services is limited to authorised Customers that are of legal age and who have the legal capacity to enter into and form contracts under any applicable law. Customers who have breached or are in breach of the terms and conditions contained herein and Customers who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
- to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and
- to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate
description of the Products, we do not warrant that such
description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
4. Intellectual property
4.1 Ownership: The Intellectual Property in and to the Platform
and the Materials are owned, licensed to or controlled by us, our
licensors or our service providers. We reserve the right to
enforce its Intellectual Property to the fullest extent of the
4.2 Restricted use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 4.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5. Our limitation of responsibility and liability
5.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant:
- the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
- that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
- that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
- the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
5.2 Exclusion of liability: Scentcraft Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
- any access, use and/or inability to use the Platform or the Services;
- reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
- any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
- any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
5.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefore.
6.1 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
7.1 Termination by us: In our sole and absolute discretion, we may
with immediate effect upon giving you notice, terminate your use
of the Platform and/or Services and/or disable your Username and
Password. We may bar access to the Platform and/or Services (or
any part thereof) for any reason whatsoever, including a breach of
violated or acted inconsistently with any terms or conditions set
out herein, or if in our opinion or the opinion of any regulatory
authority, it is not suitable to continue providing the services
relating to the Platform.
8.1 Notices from us: All notices or other communications given to you if:
communicated through any print or electronic media as we may
select will be deemed to be notified to you on the date of
publication or broadcast; or
- sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
8.2 Notices from you: You may only give notice to us in writing
sent to our designated address or e-mail address, and we shall be
deemed to have received such notice only upon receipt. While we
endeavour to respond promptly to notices from you, we cannot
guarantee that we will always respond with consistent speed.
8.3 Other modes: Notwithstanding Clauses 8.1 and 8.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
9.1 Cumulative rights and remedies: Unless otherwise provided
and are without prejudice and in addition to any rights or
remedies we may have in law or in equity, and no exercise by us of
equity, shall (save to the extent, if any, provided expressly in
or prevent our exercise of any other such right or remedy as at
law or in equity.
9.5 Governing law: We follow principles in accordance with the General Data Protection Regulation (the "GDPR") and worldwide practices for customer privacy and data protection.
9.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
9.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
9.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
9.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
Definitions and Interpretation
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.4 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.5 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.6 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.7 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.8 “Platform” means both the web and mobile versions of the website operated and/or owned by Scentcraft which is presently located at the following URL: https://Scentcraft.com/
1.10 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.11 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- contains any computer virus or other invasive or damaging code, program or macro;
- infringes any third-party Intellectual Property or any other proprietary rights;
- is defamatory, libellous or threatening;
- is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or
- is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.