Terms & Conditions | Youtime

Terms & Conditions

Welcome to Youtime. The website https://youtime.com (“Website", “Site") is owned and operated by Youtime Pty Ltd (ABN 54622593122) (“Youtime”, "we", "our", "us").


These Terms and Conditions (“Terms”), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site. By accessing or using the Site, you acknowledge that you have read, understood, and agreed to the Terms.



Modification

We may modify these Terms, or content of the Site at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms. 


We request that you read these Terms and our Privacy Policy carefully prior to accessing or using the Site, or purchasing any products through the Site. If you have any questions in relation to browsing and shopping online with Youtime, please refer to our Frequently Asked Questions (“FAQs”) or contact us.



Returns policy

We offer free returns or credit on products that are unopened and returned in the same condition they were received within 14 days. 


* For N.C.P Olfactives fragrances: N.C.P and Youtime send you a 1ml sample with every 50ml perfume so that you can test the new scent on your skin before opening your full size purchase. If it’s not for you, you can return the unopened perfume within 14 days.


If an item is faulty, we will offer a free return. 



Placing an order

You may place an order via the Youtime Site at www.youtime.com. To place an order, you must:


- meet the eligibility criteria (see below); and


- provide your personal and payment details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct and that you are the person specified in the ‘Billing information’ section.


You will meet the elibility criteria if:


- you hold a valid credit or debit card issued by a bank that is acceptable to Youtime or you hold another means of payment that is acceptable to Youtime, such as a valid Paypal, Afterpay, Klarna or Zip account (Alternative Payment Method);


- you have authorised Youtime to process 1 or more charges on your credit or debit card or Alternative Payment Method in an amount equivalent to the total purchase price for the goods or services that are the subject of the order.


We reserve the right to only accept orders from those aged over 18 or 21, as legislated by the relevant state or territory of residence.


We may use your personal information (eg your personal and payment details) for the purpose of performing credit checks. Where necessary, we may transmit or obtain information or updated information about you (including your card number) to or from third parties for the purposes of authenticating your identity, validating your card, obtaining an initial credit card authorisation and / or authorising individual purchase transactions.


Please refer to our Privacy Policy for further information about how we use your personal information.



Acceptance of your order

When you place an order via the Site, you make an offer to purchase the selected goods or services from us in accordance with these Terms. Unless you cancel your order, your offer is accepted, and the contract for the supply of the goods or services completed, when: 


- in the case of goods, an email is sent from us (or our authorised agent) confirming that the goods have been dispatched and handed over to the designated carrier; or 


For the avoidance of doubt, your offer has not been accepted when:  


- you add 1 or more items to your cart; and / or 


- following the placement of your order, you receive an email acknowledging details of your order. This email confirms that we have received notice of, but not accepted, your order.


At the time your order is placed, your credit or debit card or Alternative Payment Method will be charged in the amount equivalent to the total price for the goods or services that are the subject of the order. The transaction may appear as ‘authorisation only’ or ‘pending’ on your bank statement until your order is fulfilled.

We have a responsibility to provide you with a secure payment gateway. To protect the interests of you and your financial institution, we conduct and implement fraud detection processes, including monitoring suspicious transactions and verifying the authenticity of orders. If your order (or your nominated payment method) triggers our fraud prevention protocols, we may contact you to confirm additional details. Your order must pass our fraud prevention protocols before it will be fulfilled. If we are unable to obtain authorisation for payment, or you do not provide the requested information within the required timeframe, your order may be cancelled and payment returned, if applicable, via the original payment method. In those circumstances, your bank may take 3 to 5 working days to clear the funds back into your account.


We reserve the right to:  

- reject your offer at any time at our discretion, including in the event that we are unable to obtain authorisation for payment, the goods or services are unavailable or that you do not meet the eligibility criteria set out, or otherwise contemplated, in the Terms;  


- restrict or limit the quantity of particular goods being shipped to any one customer or postal address. 


The contract for the supply of goods or services (as the context permits) is completed in Sydney, Australia.



Prices

Prices are inclusive of GST are are supplied in Australian Dollars (AUD)
Prices are subject to change, effective immediately upon posting to the Site or other form of notification.



Intended use

By placing an order with us you agree to use these products only for their intended purposes. If you use the products or services for any other purpose, you will assume full responsibility for any loss or damage arising out of such use.



Promotions

From time to time we may run promotions on our Site which are subject to both these Terms and any additional promotion-specific terms which are incorporated into these Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend

requirements, bundle discounts, partner promotions, games of chance or games of skill. These promotion-specific terms will be presented below.


You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

We also undertake joint promotions with third party partners from time to time. You should consult the terms of those programs for full details of such specific joint promotions. 



Intellectual property rights

In this document:

- Content means any materials or content that contribute to the existence and the ‘look and feel’ of the Sites, including information, graphics, headers, icons, images, logos, names, sounds, music, video, audio, text, software, HTML and code; and

- Intellectual Property Rights includes patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.


The Sites, Content and all Intellectual Property Rights comprised in the Sites and Content are owned by Youtime, or in some cases, our affiliates, partners or licensors. The Intellectual Property Rights may be protected by Australian and international laws.


You are not granted any rights, including any Intellectual Property Rights, in relation to, or permitted to use, any part of the Content or Sites, other than as expressly authorised by us, our third-party licensors or applicable laws, such as the Copyright Act 1968 (Cth).


Any unauthorised publication, reproduction, exploitation distribution, duplication, copying, including to another server or location, sale, access, modification or use of any part of the Site or Content is prohibited. Without limiting the foregoing, you are permitted to make 1 copy of the Content for your personal use.


Youtime makes no representations or warranties about whether your use of the Site or Content will, or will not, infringe any Intellectual Property Rights, including those of Youtime or any third party.



No commercial use

The products made available on the site, including any samples Youtime may provide to you, are for personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within, on or via the Site.



Use of information

From time to time we may reach out to our customers via social media to encourage you to share your own Content using specific hashtags (#) alongside your Content for example, in line with a campaign we might be running at that time.

If you upload or otherwise provide any information or content (User Content) in the course of accessing or using the Sites, you:

- agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise and use the User Content (and all intellectual property rights contained therein), including in all media now known or not currently known;


- consent to us infringing any moral rights or similar rights you may have or may acquire in the future in that User Content; and


- agree that such User Content will be available to us to use in any manner, subject to applicable laws, including privacy laws.

You agree that you will not upload or otherwise provide any User Content that:

- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;


- infringes the intellectual or other proprietary interests of third parties;


- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Sites or otherwise breaches or encourages other users to breach the Terms;


- violates any law, statute or regulation;


- forges information to disguise the origin of any User Content; or


- encourages or incites any other person to engage in any of the above behaviour.



Third party sites

We may include hyperlinks on the Site to other websites, platforms or resources operated by third parties (Third Party Sites). Youtime is not responsible for the content or accuracy of any Third Party Sites linked to or from the Site, nor are we responsible for the availability of Third Party Sites, and we do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of any Third Party Sites, including any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

You should make your own reasonable enquires regarding the content of Third Party Sites. Your linking to or from the Third Party Sites is at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. Reference to any product, service or other information by trade mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Youtime.



Limited license

We grant you a limited, revocable, and non-exclusive licence to access the Sites for your personal use. This limited licence does not permit, and you are, therefore, restricted from:

  • framing or utilising framing techniques to enclose the whole or any part of the Site;
  • publishing, distributing, transmitting, selling, licensing or downloading the whole or any part of the Sites or Content (except caching or as necessary to view the Site);
  • making any use of the Site or Content other than for personal use;
  • modifying, reverse engineering or creating any derivative works based upon the Site or Content;
  • collecting account information for the benefit of yourself or another party;
  • using any meta tags or any other "hidden text" utilizing any Content; or
  • using software robots, spiders, crawlers, or similar data gathering and extraction tools, or taking any other action that may impose an unreasonable burden or load on our infrastructure.

You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. Any powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.

Any unauthorized use by you of the Sites or Content automatically terminates the limited licence set forth in this section without prejudice to any other right or remedy available to Youtime under applicable laws or the Terms.



Limitation of liability

You agree that, to the fullest extent permitted by applicable law, Youtime will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the Site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including clicking any hyperlink to or from a third party website; (e) any inaccuracies or omissions in the Site or Content; or (f) events beyond our reasonable control.


Further, to the fullest extent permitted by applicable law, we will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind or loss of profits, loss of revenue loss of data, loss of goodwill, arising out of or related to the Site\ or its Content, or your use (or non-use) thereof, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed AUD$ 100.



Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us, arising from, or which is directly or indirectly, related to:

  • your breach or non-observance of any term of the Terms;
  • any breach or inaccuracy in any of your representations or warranties; or
  • your use of the Sites or Content.


Breach & termination

If, in our reasonable opinion, you breach any provision of the Terms we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or any part of the Sites. In any event, we may terminate the Terms (and your right to use the Site) at any time and for any reason, without prior notice to you.



Force majeure

We shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of our reasonable control, including acts of God, governmental actions, including any government imposed shutdown or closure, a change in applicable law, riots, vandalism, strikes, lockouts or other labour difficulty, war or national emergency, pandemic, epidemic, quarantine or other widespread or serious threat to human health (including an outbreak or recurrence), acts of terrorism, fire, explosion, flood or other natural disaster, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network and failure or shortage of power supplies or other essential utility.



No waiver

Any failure to enforce any of our rights does not constitute a waiver of those rights.



Severability

Any part of the Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.



Contact

If you have any questions regarding these Terms and Conditions, please Contact Us

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