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Shaving Club Terms of Subscription Service

 

WWW.SHAVINGCLUB.COM.AU TERMS OF SERVICE
(Update: 23 March 2017)

THE FOLLOWING TERMS OF SERVICE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND WWW.SHAVINGCLUB.COM.AU (“WE” OR “SHAVINGCLUB.COM.AU”), THE OWNER AND OPERATOR OF THE WEBSITE WWW.SHAVINGCLUB.COM.AU (THE “SITE”).

THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE, THE PRODUCTS SOLD ON IT AND MEMBERSHIPS SOLD TO IT. BY ACCESSING AND USING THE SITE YOU ARE INDICATING THAT YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS OF SERVICE. YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE, OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, THE SITE IF YOU DO NOT ACCEPT THIS AGREEMENT.

In registering for a Membership (as defined below), you acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age, that you are using the Site with the permission of your parent or legal guardian, and that you have your parent’s or legal guardian’s permission to enter into this Agreement. Should you be a parent or legal guardian registering for a person under 18 years of age, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless ShavingClub.com.au if your child breaches any part of this Agreement.

ShavingClub.com.au may reject your Membership where ShavingClub.com.au has reasonable grounds to believe you are under 18 years of age and have signed up for a Membership without the consent of your parent or legal guardian,.

A. PRIVACY and PERSONAL INFORMATION/ CHANGES TO TERMS

A.1 CHANGES TO SITE ShavingClub.com.au may change, add to, or remove any part of the Site, including, without limit, any Content (as defined below) at any time, and without prior notice to you.

A.2 PERSONAL INFORMATION/PRIVACY Customers agree to provide current and complete information as required for the purchase of Products and Memberships (both as defined below in Section 3.1). ShavingClub.com.au reserves the right to refuse additional sales to Customers who provide false or incomplete information. Customers acknowledge that ShavingClub.com.au uses a third-party payment processing service to process orders and bill to your credit card. ShavingClub.com.au’s Privacy Policy, at www.shavingclub.com.au/welcome/privacy-policy-cookie-restriction-mode (the “Privacy Policy”), explains how Customers’ personally identifiable details are collected, used and disclosed. You hereby agree that ShavingClub.com.au may use your personal details in accordance with the terms of this Privacy Policy.

B. SITE USAGE

B.1 PASSWORDS

You may log in to this Site by using the function on the Site that allows you to use your log in credentials for an existing account on other third-party websites, which may change from time to time, including, without limitation to, Twitter, Facebook and LinkedIn (“Third Party Site Log-in Credentials”) You may also,, if applicable, configure your privacy settings in your third-party website account to allow your activity on this Site to be shared in your third-party website account (as further detailed in our Privacy Policy at www.shavingclub.com.au/welcome/privacy-policy-cookie-restriction-mode). Notwithstanding the above, you agree that when you use any third-party website to log in to this Site using your Third-Party Site Log-in Credentials your use is governed by the terms and conditions of such third-party website’s terms of use and privacy policy, including, without limitation, such third-party website’s password and account security policies and user-generated content posting and acceptable-use policies. It is your responsibility to maintain the confidentiality of your passwords, and all activities that occur using your passwords are responsibility. You agree to not share your passwords, let anyone other than you access your passwords, or do anything that might jeopardize the security of your passwords. You agree to notify ShavingClub.com.au if there is any unauthorized use of your password on this Site, or if you know of any other breach of security in relation to this Site.

B.2 PROHIBITIONS 

Subject to you complying with this Agreement, ShavingClub.com.au hereby grants you limited, revocable, personal, non-exclusive, non-transferable, and non-sub-licensable license to access the Site and use the content, information, text, images, graphics, interfaces, audio/video clips, and any other materials used on the Site (collectively, the “Content”), solely for your personal and non-commercial use. You may not reproduce, modify, display publicly , or perform, distribute, or otherwise use the Content except as specifically set forth in this Agreement. You are not permitted to remove any copyright or other proprietary notices from any Content. If you breach any of the terms of this Agreement, your approval to use the Site and Content will automatically be terminated.

You hereby agree that you will not, and will not induce any third-party to: (i) attempt to disable or circumvent the security mechanisms on the Site or Content or otherwise attempt to gain unauthorized access to any part of the Site or Content, or any other systems or networks associated with the Site, or to any server of ShavingClub.com.au or its third-party service providers, by hacking, password “mining”, or any other illegal means; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or other similar manual process, to access, acquire, copy, or monitor any part of the Site or Content; (iii) use any device, software or routine to interrupt or impede, or attempt to interrupt or impede, the proper operation and working of the Site or with any other person’s use of the Site; (iv) track or attempt to trace any information on any other person who visits ShavingClub.com.au; (v) use the Site or Content for, or in connection with, any illegal purpose, to facilitate, support, condone, solicit or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (vi) copy, change, develop a similar work of, reverse engineer, decompile, or otherwise try to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site or Content.

C. THE TERMS OF SALE

C.1 MEMBERSHIPS AND SALES OF PRODUCTS EXCLUSIVE TO END USERS ONLY ShavingClub.com.au sells razors for shaving and several other supplies for personal grooming (the “Product(s)”) from the Site to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) for their own personal and non-commercial use only. You may not purchase Products or Memberships for other commercial/business purpose, or for further distribution or resale. Membership and all rights and privileges conferred are personal and non-transferable.

C.2 PRICING
Pricing for Products and Memberships (including any associated shipping and handling fees) can be found on Shaving Club's current pricing page located on the Site at: http://www.shavingclub.com.au/welcome/subscription/for-men and http://www.shavingclub.com.au/welcome/subscription/for-women. The price that ShavingClub.com.au will charge you for Products and Memberships will be the price as posted on the Site on the date you first sign up for a Membership to ShavingClub.com.au. Unless stated otherwise, all prices quoted on the Site are in Australian dollars, and where applicable, inclusive of goods and services tax (GST). ShavingClub.com.au reserves the right to alter pricing for Products and Memberships at any time. We do not provide pricing protection or refunds in the event of promotions or price decreases unless you have already submitted payment for a monthly service or paid for a specific purchase, in which case there will be no change in pricing.

C.3 REFUND AND CANCELLATION POLICY

Should you not be satisfied with the Product for any reason, ShavingClub.com.au will refund the amount paid for your most recent month of service (less any associated shipping and handling costs/fees which are not refundable). A refund request must be made directly to ShavingClub.com.au at members@shavingclub.com.au All refund requests must be made within thirty (30) days of the date of shipment by ShavingClub.com.au, provided the products are delivered to you before expiration of this date. ShavingClub.com.au is not liable for products that may get damaged or lost in transit back to ShavingClub.com.au. Following ShavingClub.com.au's receipt of your request — typically within five (5) business/working days — ShavingClub.com.au will credit the credit card you used to make the original purchase the amount paid for your most recent month of service (less any shipping and handling costs/fees associated with the original purchase, which are non-refundable). Notwithstanding the aforementioned, ShavingClub.com.au does not control when a your credit card company processes a chargeback transaction. If you have questions about the status of your chargeback it is your responsibility to contact your credit card company. ShavingClub.com.au will not provide a refund for a request that is received by ShavingClub.com.au more than thirty (30) days after the date of original shipment.

C.4 METHODS OF PAYMENT — AUTOMATIC RENEWALS FOR MEMBERSHIPS AND CANCELLATION POLICY

ShavingClub.com.au accepts credit card payments only. You agree to pay any and all fees charged to your account based on ShavingClub.com.au's fees, charges, and billing terms as shown on the payment page when you first sign-up for a Membership to the Site. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the shipping address that you provide when you register for a Membership. In addition, you authorize ShavingClub.com.au, or the third-party payment processing service provider that ShavingClub.com.au engages, to charge your credit card for any associated taxes and fees. Any fees and charges for sales and use taxes and shipping and handling fees imposed also include GST where applicable. All payments shall be made by credit card in advance and prior to the Products being shipped out. If you do not pay on time, or if your credit card cannot be charged for any reason, ShavingClub.com.au reserves the right to suspend or terminate your account and Membership, and to terminate these Terms of Service. All sales and payments will be in Australian dollars.

IMPORTANT NOTICE TO THE CONSUMER: Your Membership to ShavingClub.com.au will automatically be renewed on the monthly anniversary date of your Membership and, as authorized by you, during the Membership sign-up process. ShavingClub.com.au will charge your credit card with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. A Membership renewal period is for one month. You may cancel your Membership at any time by emailing ShavingClub.com.au at members@shavingclub.com.au with the subject "Cancel Membership" in the body of the email, along with your name and membership ID provided to you during your subscription. If you cancel your Membership, you will continue to enjoy your Membership benefits until the end of that current Membership term, and your Membership benefits will expire at the end of that current Membership term which you have paid for. You are not entitled to a prorated refund of any portion of the Membership fees paid for any unused days of that current Membership term.

C.5 PROPRIETARY RIGHTS 
You hereby acknowledge and agree that ShavingClub.com.au or its licensors hold ownership of all legal right, title and interest in and to the Site and Content, including, but not limited to, any and all intellectual property and other proprietary rights existing in the Site and Content. This is the case whether these rights are registered or unregistered, and wherever in the world those rights may exist. ShavingClub.com.au is a trade mark of Arico Corporation.

D. SHIPPING AND PRODUCT ACCEPTANCE
Regular shipments will be sent out on the anniversary of your first purchase date. The shipment date is based on whichever date is closest to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent using the Australian Postal Service. The title, and any risk of loss of the Products purchased using the Site passes to the Customer once the item has been delivered. However, in the even that goods are missing from your order, or if the goods are not as per your order, you must contact the Customer Service Department of ShavingClub.com.au at members@shavingclub.com.au as soon as possible.

E. THIRD-PARTY SITES — INDEMNIFICATION

E.1 THIRD-PARTY WEB SITES ShavingClub.com.au may provide links to third-party Sites that are neither owned nor controlled by ShavingClub.com.au, including, but not limited, Facebook, Twitter and LinkedIn (“Third Party Sites”). ShavingClub.com.au may provide such links only as a convenience to you. ShavingClub.com.au does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should your own judgment and common sense, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the Third Party Sites which may be different from this Agreement or our Privacy Policy, including, but not limitated to, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.

E.2 INDEMNIFICATION

You hereby agree to defend, indemnify and hold each of the ShavingClub.com.au Parties (as defined in Section 6 below) harmless from and against, any and all losses, liabilities, damages, and/or claims (including, but not limitated to, attorneys’ fees and costs) arising from your breach of this Agreement, or otherwise arising from your use or misuse of the Site, Content or Products.

F. DISCLAIMER OF WARRANTIES
The parties acknowledge that there are certain guarantees, warranties, terms and conditions imposed by law relating to the supply of goods and services which the law expressly provides may not be excluded, restricted or modified or may only be limited to a certain extent. Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, the site, content, products and memberships are furnished to you “as is” and without warranties, representations or conditions, statutory or otherwise, of any kind. Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, shavingclub.com.au, on behalf of itself and its affiliates, licensors, suppliers and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the “shaving club parties”): (i) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, the implied warranties of non-infringement, title, merchantability, and fitness for a particular purpose; (ii) does not represent or warrant that the site, content, products or memberships will meet your requirements, or that the operation of the site or content will be timely, uninterrupted, stable, or secure; (iii) does not represent or warrant that the site, content, products or memberships will be error-free or that any defects will be corrected; and (iv) does not make any representations, warranties, or conditions regarding the use of the site, content or products in terms of their accuracy, reliability, timeliness, completeness, or otherwise. Your use of the site, content, products or memberships is entirely at your own discretion and risk and you assume total responsibility for your use of the site, content, products and memberships. This limitation of remedies is a part of the bargain between you and shavingclub.com.au. No oral or written information or advice given by shavingclub.com.au or any person on behalf of shavingclub.com.au shall create a warranty or condition, or in any way change this exclusion of warranty. Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, nothing in this section 6 shall exclude or limit shavingclub.com.au parties’ warranties, representations or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.

G LIMITATION OF LIABILITY

G.1 Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, in no event shall any shavingclub.com.au party be liable to you, or any third party, for any special, indirect, incidental, punitive, exemplary, reliance, or consequential damages of any kind, including, but not limited to, property damage, loss of value of the products or loss of use of the products, whether based on breach of any express or implied warranty or condition, breach of contract, tort, under statute or otherwise (including, but not limited to, negligence or strict liability), even if a shavingclub.com.au party has been advised of the possibility of such damages.

G.2 Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, if, notwithstanding the foregoing, a shavingclub.com.au party is found to be liable to you or any third-party for any damage or loss which arises under or in connection with your use of the site, content, products or memberships, the relevant shavingclub.com.au party’s total cumulative liability shall in no event exceed the greater of: (i) the amount you paid shavingclub.com.au for the products or membership, as applicable; and (ii) the sum of one hundred australian dollars (aus$100).

G.3 Shavingclub.com.au’s liability to you for loss or damage of any kind arising out of the terms of this agreement will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

G.4 Subject to any rights you have under any consumer protection law (statutory or otherwise) and to the fullest extent permitted by law, nothing in this section (section 7) shall exclude or limit any shavingclub.com.au party’s liability for losses which may not be lawfully excluded or limited by applicable law, in which case, such shavingclub.com.au party’s liability will be limited to the greatest extent permitted by applicable law.

H DISPUTE AND ARBITRATION — CLASS ACTION WAIVER — CHOICE OF LAW

H.1 DISPUTE AND ARBITRATION — CLASS ACTION WAIVER Please read this carefully. It affects your rights.

Summary:

Summary: Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at members@shavingclub.com.au. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, or if we have not been able to resolve a dispute we have with you after attempting to do so informally, we each agree to resolve those disputes ARISING OUT OF THIS AGREEMENT (OTHER THAN THOSE RELATED TO WWW.SHAVINGCLUB.COM.AU''s ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small-claims court in the Australian Fair Trade Office. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award.

I. ELECTRONIC COMMUNICATIONS — GENERAL TERMS
I.1 ELECTRONIC COMMUNICATIONS In visiting our Site at ShavingClub.com.au, or when sending emails to us, you are communicating with us electronically. For this reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

I.2 GENERAL TERMS
ShavingClub.com.au may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in ShavingClub.com.au‘s sole discretion. This includes, without limitation, breach of this agreement and/or violation of the Terms of Service, if ShavingClub.com.au’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to ShavingClub.com.au’s or another user of the Site. In the event of such termination, ShavingClub.com.au will notify you of the termination and the reason for such termination within a reasonable number of business days (typically within five (5) business days). This Agreement and the Privacy Policy constitute the entire agreement between you and ShavingClub.com.au regarding its subject matter. ShavingClub.com.au will not be responsible for failures to fulfil any of its obligations due to causes beyond its control. The failure of ShavingClub.com.au to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The Parties shall at all times, and for all purposes, be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified ShavingClub.com.au Party shall be a third-party beneficiary hereunder. ShavingClub.com.au may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. A customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, ShavingClub.com.au’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Memberships shall survive such termination.

 
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