Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to www.retreatyourselfbox.com (the ‘Website‘). The Website Subscription Box (the ‘Services‘).
1.2. The Website is operated by Retreat Yourself Box (ABN 27 921 556 322). Access to and use of the Website, or any of its associated Products or Services, is provided by Retreat Yourself Box. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. Retreat Yourself Box reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Retreat Yourself Box updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Retreat Yourself Box in the user interface.
3. Your use of the Website
3.1. Your use of this site, must at all times be in compliance for your own personal and non-commercial useYou must be at least 18 years of age to register and use this website.
3.2. You are solely responsible for all activity and communication within the website, including but not limited to the uploading or posting of information onto or through this site via your login
3.3. You must not use the Site for any of the following purposes, which are expressly prohibited by Retreat Yourself Box:
(a) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party.
(b) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libelous or abusive.
(c) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction.
3.5. You are responsible for maintaining the confidentiality of your login details, and you accept all responsibility for all activities that occur under your login.
3.6. You must notify us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security.
3.7. You must be over 18 to register for and use this site. Retreat Yourself Box may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.
3.8. By registering with Retreat Yourself Box you agree to receive emails containing special offers and information, and e-newsletters. You can unsubscribe to these at any time by notifying Retreat Yourself Box.
3.9. Retreat Yourself Box may, at its discretion or without prior notice:
(a) Temporarily or permanently restrict your access to all or part of the website; or
(b) Impose rules on your use of the website; or
(c) Revoke your account; and Retreat Yourself Box excludes all liability to this.
3.10. Retreat Yourself Box reserves the right to change the website, and the products and services available through the website, at its sole discretion without liability to you or any other third party.
4. Products and Information
4.1. Your use of the Retreat Yourself Box website is entirely at your own risk. Retreat Yourself Box will use reasonable measures to ensure that any information on this website is accurate, reliable and up to date. Retreat Yourself Box does not guarantee that any of the information is correct, neither does any third parties make any warranties or guarantees to its accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this website. By using this website, you acknowledge that Retreat Yourself Box expressly excludes any liability that may arise. If Retreat Yourself Box does come across any error or inaccuracies, Retreat Yourself Box reserves the right to correct the error without any liabilities to you or any third parties.
4.2. By using the Retreat Yourself Box website, you acknowledge that it is your responsibility to check the suitability of the products prior to using them. Retreat Yourself Box expressly excludes all liability in relation to this.
4.3. All information on this site is of general nature and is not intended to replace professional advice. Retreat Yourself Box does not make any guarantees on the suitability of products for any medical conditions, allergies, or dietary requirement. Retreat Yourself Box reserves the right to, at its sole discretion, limited the amount of products that are purchased by any user at any time and at any reason, that have been purchased through this site.
4.4. By using the Retreat Yourself Box website, you acknowledge that any promotional and/or marketing material on the website – including all descriptions, images and photos of products and other material, is not a direct representation of what is in the box. You accept that the products may be samples or smaller versions than you saw on the website or social media. That the products and Retreat Yourself Box may appear different in visual appearance and packaging on the website, than the products and packaging in the box. That the combination of products on the website may not be the same as the box you receive.
4.5. Through the website, you may be invited to comment and review on various products. You expressly consent to Retreat Yourself Box publishing your first name, and state or town in relation to any review or comment.
5. Subscriptions, Orders and Cancellations
5.1. All products purchased through the Retreat Yourself Site are for personal use only, and do constitute an offer to sell.
5.2. You are able to purchase an ongoing seasonal Retreat Yourself Box, where you will receive a box every 3 months and are charged every three months also. Or, you can purchase a one year prepaid subscription, where you will pay a lump sum each year in advance and receive your four boxes that year. Or, you can purchase a once off seasonal box. All products are determined by Retreat Yourself Box.
5.3. All subscriptions automatically renew until they are cancelled through the website. The subscription must be cancelled at least 2 days before the next billing date or subscription period, or the subscription will automatically renew for another period and you will be charged the full price.
5.4. You must review your order carefully before placing it. Once an order for a subscription is confirmed and the subscription price paid, Retreat Yourself Box will not provide a refund of the subscription price unless Retreat Yourself Box cancels or is unable to fulfil your order, in which case, Retreat Yourself Box will provide a full refund of the whole or part of the subscription price depending on whether you have previously received boxes during your subscription.
5.5. Retreat Yourself Box does not accept returns of boxes or individual products unless agreed by both parties. All boxes and products are checked before they are shipped, and while Retreat Yourself Box endeavours to ensure that the box and product will be delivered to you in a good condition, they could possibly be damaged during delivery.
5.6. It is up to Retreat Yourself Box discretion as to whether to replace the box or product, and will make the decision based on pictures which show the damage to the box or product. You may have to cover the cost of the damaged box to the address of Retreat Yourself Box.
5.7. Retreat Yourself Box will not refund any opened or used products, and if the product is sold out then we will provide you with a different product. You accept these terms.
6. Copyright and Intellectual Property
6.1. The Website, the content and all of the related products of Retreat Yourself Box are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by Retreat Yourself Box or its contributors.
6.3. All trademarks, service marks and trade names are owned, registered and/or licensed by Retreat Yourself Box, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b)copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Retreat Yourself Box does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by Retreat Yourself Box.
6.4 Retreat Yourself Box retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6.4. You may not, without the prior written permission of Retreat Yourself Box and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
7. Price and Payment
7.1. The price of a Retreat Yourself Subscription box is in Australian dollars and excludes shipping charges. The price of both the shipping, and the price of the box are subject to change without any given notice, and may happen at any time.
7.2. When purchasing a Retreat Yourself Box, you expressly authorize Retreat Yourself Box to process the payment via PayPal.
7.3. The prices of any products listed on the website are only an indication of the cost, and Retreat Yourself Box does not guarantee that the prices of products or services are correct
8. Competitions, promotions and giveaways
8.1. Retreat Yourself Box will run competitions every now and again on the website, through social media (Facebook, Instagram or other social media networks), through the weekly email newsletter or other media outlets. All competitions will have their own terms and conditions that they are governed by and these can be accessed via the terms here.
8.2. Terms & Conditions for November Retreat Yourself Box once off giveaway. Instagram competition. In order to be eligible to win a once off box, you need to tag us @retreatyourself_box in your summer inspired pics, and hashtag #RETREATYOURSELFBOX to go in the draw to win. Pictures must have just been posted and are not tag us in photos that were uploaded in the past. Winner will be drawn at random on December 1st 2015 at 5pm. Winner will be announced via Instagram and via our e-newsletter on the Wednesday. The winner is eligible for one box – the Summer Retreat Box.
8.3. Terms & Conditions for Winter Retreat Yourself Box once off giveaway. Instagram competition. In order to be eligible to win a once off Winter box, you need to tag us @retreatyourself_box in your photos of your Autumn Box, and hashtag #RETREATYOURSELFAUTUMN to go in the draw to win. If all brands are tagged, it will increase your chances of winning. Winner will be drawn at random on May 29th 2016 at 5pm. Winner will be announced via Instagram and via our e-newsletter on the Wednesday. The winner is eligible for one box – the Winter Retreat Yourself Box.
9.1. Once your Retreat Yourself Box has been received, you will be requested to review the products that are within the box. Each product needs to be reviewed in order to be eligible to receive the free product.
9.2. The free product that is seen within the box as a result of completing the review, is up to Retreat Yourself Box discretion.
11.1. If purchased in advance of the coming season, Retreat Yourself Box will ship on the 1st date of the following season. If you are purchasing your box during that season, Retreat Yourself Box endeavours to have the box delivered on the Tuesday following your order date, however Retreat Yourself Box does now guarantee that the delivery times will be met and expressly excludes any liability in relation to this.
11.2. Any boxes purchased by you on this site will be posted by a third party carrier. All risk will pass to you upon delivery of the third carrier by Retreat Yourself Box. You accept that Retreat Yourself Box is not responsible for any breakage or damage to the box or any products during delivery and expressly excludes any liability in relation to this.
11.3. You are responsible for making sure that the shipping address is current and correct. You must ensure that changes are made at least 7 days prior to the 1st of your delivery date otherwise the boxes will be shipped to the previous address. Retreat Yourself Box excludes any liability in relation to an incorrect shipping address, including redelivery, redirection or a refund.
12. General Disclaimer
12.1. Your use of the Retreat Yourself website and services is at all times at your own risk, and you accept all responsibility and liability in relation to your use of the website
12.2. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
12.3. Retreat Yourself Box box does not guarantee that the website will be available at all times or that it will be provided without fault, error, disruption or viruses.
12.4. The Retreat Yourself Box website may occasionally contain links to third party websites. You acknowledge that Retreat Yourself Box does not make any representations or guarantees in relation to those sites, and does not endorse, verify or assume responsibility for any such third party websites. We expressly exclude any liability which may arise from your use or access of those third party websites.
12.5. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Retreat Yourself Box make any express or implied representation or warranty about the content or any products or content (including the products or content of Retreat Yourself Box) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or un-authorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of Retreat Yourself Box; and
(d) the content or operation in respect to links which are provided for your convenience.
(e) Any reactions you may have as a result of usage of any product.
13. Limitation of liability
13.1. Retreat Yourself Box’s total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
13.2. You expressly understand and agree that Retreat Yourself Box, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
13.3. You acknowledge and agree that Retreat Yourself Box holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
14.1. You agree to indemnify Retreat Yourself Box, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms. m