ABD - Terms of Use

[Last updated 17 February 2022]

Thank you for taking the time to read our terms, we try to make them simple to follow.

In these terms, the following words mean:

Aroma By Design, we, us or our	Aroma By Design ABN 33 948 561 042
You, yours or user	you, a user of our website, purchaser of our products or services or contributor of content
Website	aromabydesign.com.au and includes services offered from our website together with our blog and social media platforms
Terms	These terms of use, including updates from time to time

Contact us:

If you need to contact us, please do so by email at hello@aromabydesign.com.au. We aim to respond to all emails within 72 hours, or sooner if the enquiry is urgent. 

Introduction:

Please read these terms carefully as, by accessing or using any part of our website, you agree to be bound by these terms. If you do not agree to all of these terms, then you may not access the website or use our website. If these terms are considered an offer, acceptance is expressly limited to these terms.

We may update these terms from time to time and updates will be posted on our website. We have included a ‘last updated’ date at the top of these terms to help you keep track of any changes. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. ONLINE STORE TERMS

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our website.

As a condition of your use of this website, you warrant that:

• you will not use this website for any purpose that is unlawful, immoral or prohibited by these terms.
• you will not use this website in any manner which could be damaging to our business or reputation or which may damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. 
• you will not hack into areas of this website that are not intentionally made available to you.
• you will not decompile, reverse engineer, or try to copy or imitate this website or underlying content
• you will not reproduce, duplicate, copy, sell, resell or exploit any portion of our website or services

A breach or violation of any of the terms will result in an immediate termination of your any account you hold with us or any services you have requested we provide. 

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. This includes reversing on-line orders for any reason.

Other than credit card information, you agree that your content may be transferred unencrypted, involve transmissions over various networks and may be exposed to changes to conform and adapt to technical requirements of connecting networks or devices. 

Credit card information is always encrypted during transfer over networks.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our website is not accurate, complete or current. The material on our website 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 our website is at your own risk.

Our website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of our website 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.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices and descriptions for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any product or service (including any part or content of the product or service) without notice at any time.

We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website or any of our products or services.

5. PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We aim to display as accurately as possible, including the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We also reserve the right to limit the quantity of items sold to any person, credit card or address. We may exercise this right on a case-by-case basis. Any offer for any product or service made on our website is void where prohibited.

Other than as required under Australian Consumer Laws, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

7. OPTIONAL TOOLS AND THIRD PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties (‘links’). There may also be access to third-party tools (‘tools’).

We do not monitor these links or tools and do not have any control or input into or over them.

You agree that we provide access to links and tools on an ‘as is’ and ‘as available’ basis without any warranties, representations or conditions of any kind and without any endorsement. 

We have no liability arising from or relating to your use of optional tools or links. Any use made by you is entirely at your own risk and discretion and you should ensure that the tool or link is suitable for your needs and that you have read and agree with the terms of the tool or link prior to use.

8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send submissions or information (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively called 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 

If you share comments with us, you agree we are under no obligation to maintain your comments in confidence, to pay compensation for any comments or to respond to any comments.

By submitting your comments, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your comments for our business purposes, now or in the future. You indemnify us against any claims made for breach of intellectual property rights, privacy rights or personality or other personal or proprietary rights in respect of your comments.

You agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property, privacy or these terms.

9. PERSONAL INFORMATION

Your submission of personal information through our website is governed by our Privacy Policy. You can read a copy of our Privacy Policy here [insert link to Privacy Policy].

10. COPYRIGHT INFRINGEMENT

If believe that there is material on our website that infringes third party intellectual property rights, please contact us using our information at the top of these terms and provide us with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website. 

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

11. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website or in our services 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 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 on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on our website or on any related website, should be taken to indicate that all information on the website or on any related website has been modified or updated.

12. PROHIBITED USES

In addition to your obligations in any other part of these terms, you are prohibited from using this website 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 website 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 website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

13. DISCLAIMER

The information provided on our website, as part of our product listings or through our other platforms including our blog, social media accounts and related websites, is for personal information and interest only. Our products or information are not intended to offer medical advice or treatment for any particular condition. If you have any concerns about your health or the health of your children, you should seek assistance from a registered medical practitioner. In an emergency, you should seek emergency medical assistance. You must not use our website, products or services to treat health conditions that require medical attention or to self-diagnose for yourself or others. 

Aromatherapy can cause harm if misused. The products we produce are provided on the basis that there are no known contra-indications however if you have any unique health conditions or allergies or are on any medication, you should seek advice from your healthcare professional prior to using any aromatherapy products.

Our products should not be used on young babies. Only products that indicate they are suitable for children should be used on children. You must check the label for age suitability of the product and only use the product in accordance with directions.  

None of our products are designed to be ingested and should be kept out of reach of children. 

We are not liable to you or any third party for the misuse of our products, reliance on information we provide or for unintended consequences arising from your specific circumstances. 

14. SECURITY

We make efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time. 

15. LIMITATION OF LIABILITY

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website or our products or services in any way, subject to the requirements of Australian Consumer Law. 

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular products or services that are the subject of the cause of action, even if those products or services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of these terms or your use of this website or the products or services found on this website.

16. INDEMNITY

You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

1. any content or comments you post via this website or to us directly.
2. your unauthorised use of this website, or products or services included or advertised on this website.
3. your breach of these terms.

17. 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 are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our services or website, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, 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).

18. GOVERNING LAW

This agreement is governed by the laws of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website. 

You may provide notice to us through the contact us page or otherwise by email addressed to ‘the Directors’ and sent the email address at the top of these terms.  We may provide notice to you via email or other electronic means. 

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorized, it is your responsibility to stop using this website.  

19. RELATIONSHIP 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms or your use of this website. 

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to your use. 

20. VALIDITY 

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

These terms and conditions together with our privacy policy, other legal notices or policies displayed on our website and any other written agreement entered into with you, form the entire agreement between you and us in respect of your use of this website.

End.