Terms of service
Terms of Use
This website is owned and operated by Scentualist Limited.
Terms used in these 'Terms of Use' are defined in the "Defined Terms" section of these Terms.
Through this Website, you may be able to:
- View information about Scentualist Limited and its products;
- Order Gift Cards and other Scentualist Limited products;
- Create an online account with us;
- Sign up to receive communications about our products; and
- Use email, instant messaging, or other application functions to contact us, send queries, provide reviews, and share feedback,
(together referred to as the 'Services').
These Terms of Use (the 'Terms'), as updated from time to time, govern your access to and use of:
- This Website;
- All information and data (including files, written text, software, location data, audio, images, or videos) accessible through your use of the Website or Services ('Content'); and
- The Services.
Nothing in these Terms is intended to exclude, restrict, or modify rights you may have under applicable law (including consumer law), which cannot be excluded, restricted, or modified.
1. Disclaimer
1.1 Access provided 'as is'
Access to this Website and its Content is provided on an 'as is' and 'as available' basis.
To the fullest extent permitted by law (including consumer law) and subject to any warranties outlined in our Cancellation, Returns & Refunds Policy, where applicable:
- All express or implied conditions, representations, and warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are excluded and disclaimed; and
- Scentualist Limited makes no representations, warranties, or guarantees regarding the operation of this Website or the accuracy, quality, or completeness of its Content.
In particular, we do not guarantee that:
- Access to this Website or Services will be uninterrupted or error-free; or
- This Website and its hosting facilities are free from viruses, defects, or other harmful components.
1.2 Changes
- We may withdraw or restrict your access to this Website or the Services at any time without notice.
- Content on this Website may be updated, changed, or removed without notice.
1.3 Our liability
To the fullest extent permitted by law and subject to applicable consumer rights:
- Scentualist Limited excludes all liability for any direct or indirect loss or damage arising from or connected to your use of this Website, Content, or Services, unless caused by negligence or fraud.
- Liability for loss or damage will be reduced to the extent caused or contributed by you or factors beyond our reasonable control.
1.4 Content posted by others
We do not endorse, support, or verify any statements, comments, or opinions shared by other users of this Website. While we may moderate user-generated content and remove unlawful or inappropriate material, we disclaim all liability for any user content visible before removal.
2. Your Online Behavior
2.1 Intellectual property
This Website and its Content are protected by copyright and other intellectual property laws owned by Scentualist Limited, its affiliates, or third parties.
Scentualist Limited grants you a limited, non-exclusive, revocable, and non-transferable licence to:
- Access and use this Website and its Content solely for personal purposes related to the Services; and
- Create hyperlinks to this Website, provided they do not portray Scentualist Limited or its products in a false, misleading, derogatory, or offensive manner.
All other use of this Website and its Content, including downloading, reproducing, or redistributing, is prohibited without prior written consent.
2.2 Unlawful use and interference
You must not:
- Use this Website or Services for unlawful purposes, including transmitting defamatory, offensive, or infringing material;
- Attempt to gain unauthorized access to the Website or its connected systems;
- Disrupt, interfere with, or circumvent security measures on the Website; or
- Use automated tools (e.g., bots, scrapers) to monitor or copy Website Content without permission.
2.3 Reviews and feedback
We welcome reviews, feedback, and suggestions about our products and services. By submitting feedback:
- You confirm it is accurate and not incentivized by third parties;
- Scentualist Limited may use, reproduce, or modify your feedback for internal purposes or to improve our products and services.
2.4 Account security
You are responsible for maintaining the confidentiality of your account credentials and for any activities conducted under your account. Notify us immediately of any unauthorized use or security breaches.
3. Privacy
Our collection, use, and disclosure of personal information are governed by our Privacy Policy.
4. Third-Party Websites
Links to third-party websites or social media platforms are provided for convenience. Scentualist Limited does not endorse or take responsibility for the content or actions of these websites and is not liable for any loss or damage resulting from their use.
5. Governing Law
These Terms are governed by the laws of New Zealand. Any disputes arising from or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand.