Effective as of June 6, 2015.
“The YA Chronicles” ABN: 55 957 596 523
The YA Chronicles (“TYAC”, “we”, “our”, or “us”) operate the http://theyachronicles.com.au/ website (the “Site”) and subscription service (the “Service”). By subscribing to our TYAC, you (or the “subscriber”) are agreeing to all TYAC Terms and Conditions, including any future amendments (‘Terms and Conditions’) as set out below.
- ELIGIBILITY
Upon signing up to the Service, you warrant that:
1.1 You are least eighteen (18) years old; and
1.2 You are legally capable of entering into binding contracts.
- SUBSCRIBER CONDUCT
As a condition of use of the Service, you agree to the following:
2.1 Your use of this Service must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all your personal communications, including but not limited to the transmission, uploading or posting of information onto or through this Site by you or through your login, and you shall be responsible for the consequences of any such communications to any sites.
2.2 You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or any other law protecting intellectual property in any jurisdiction, or that violates an individual’s right to publicity or privacy.
2.3 You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable content.
2.4 You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
2.5 You will not attempt to interfere with TYAC’s, or the Service’s, network security, or transmit worms or viruses or any code of a destructive nature.
2.6 You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof.
2.7 You are responsible for maintaining the confidentiality of your login details and you accept responsibility for all activities that occur under your login. 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.
- PRICES AND PAYMENT
3.1 Prices for, and details of, TYAC’s Service are stipulated in the “Subscription” portion of the TYAC website, or http://theyachronicles.com.au/shop/.
3.2 Prices include applicable taxes, including GST.
3.3 TYAC reserve the right to revise Service prices from time to time. TYAC will provide notice to subscribers by email no less than 14 days before any price changes take effect. After such time, TYAC will apply the revised pricing for your subscribed service to your existing payment details. You do not need to do anything to accept the change of price. You are under no obligation to accept the price revision and may suspend or deactivate your subscription before items are delivered under the new pricing plan.
3.4 Payment for TYAC’s Service must be made through PayPal on the Site or any other payment method on the online checkout page.
- PROPRIETARY RIGHTS
4.1 This Service and this Site contains material that are owned by or licensed to TYAC. These materials include, but are not limited to, the design, look, appearance including graphics and photos which are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site.
- DISCLAIMER
5.1 Your use of this Service is at all times at your own risk and you assume all responsibility associated therewith.
5.2 All information, content, materials or products available through this Service are provided to you on an “as is” basis, without warranties of any kind, express or implied.
5.3 TYAC does not warrant that this Service will be uninterrupted, free from errors, defects, viruses or other harmful components.
- LIMITATION OF LIABILITY
6.1 By using this Service, you understand and agree that TYAC will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages that may be incurred by you. This includes, but is not limited to, any loss of profits, goodwill or business reputation; any loss of data; any dismemberment you may suffer; any cost of procurement of substitute goods or services; or any other intangible losses.
- POSTAGE
7.1 Any products purchased by you from this Service will be posted by a third party courier.
7.2 TYAC will send an email to subscribers after subscription boxes are delivered to the third party carrier to notify of delivery. All risk to such products will pass to you upon delivery to the third party carrier by TYAC.
7.3 In the event that any engaged third party courier provides tracking details to TYAC, TYAC will provide these details to the subscriber. TYAC does not guarantee the accuracy of any such information.
- BREACHES OF TERMS AND CONDITIONS
8.1 You agree that TYAC may, at its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated these Terms and Conditions.
8.2 The limitations and exclusions of liability shall apply irrespective of the theory of liability, including contract, warranty, product liability, strict liability, tort, or other theory.
8.3 You acknowledge that TYAC shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from foregoing rests entirely with you.
8.4 You shall indemnify, defend and hold harmless TYAC and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from your use of this Service, any breach by you of these Terms and Conditions or the Privacy Policy, or any breach of any third party intellectual property rights.
- RETURNS AND REFUNDS
9.1 By signing up to the Service, you agree to receive customized items by post. As a result of the custom nature of TYAC subscription boxes, you agree that TYAC will not provide a refund for any returned items unless required by law.
9.2 If you are unhappy with your box and have a subscription, you may cancel your subscription at any time.
9.3 If you received a defective product or are missing a product in your box, please contact TYAC at support@theyachronicles.com.au and TYAC will resolve the issue.
- CANCELLATION OF SUBSCRIPTION
10.1 You can cancel your TYAC subscription by sending an email to support@theyachronicles.com.au with “CANCEL” in the subject line.
10.2. Your cancellation request must be received by 4pm of the last day of the month prior to the intended month of your cancellation.
10.3 If your cancellation request is received at the beginning of the month, you will be charged the subscription payment for that month, you will receive a TYAC subscription box for that month and cancellation of your subscription will be effective the following month.
10.4 You will otherwise not be charged any further fees for cancellation.
- CHANGE OF SUBSCRIBER DETAILS
11.1. You must promptly advise us of any changes to your information provided to us as part of the subscription registration process. Subscribers can change their personal details on their account on the Site.
11.2 Changes to address and billing details must be communicated to TYAC by 4pm the last day of the given month and will take effect on the first day of the following month.
11.3 TYAC will not be liable for any charges you incur as a result of out of date payment information. If TYAC incurs an expense due to incorrect payment or address information provided by you, TYAC reserves the right to seek reimbursement of such expense.
- AMENDMENTS TO TERMS AND CONDITIONS
12.1 TYAC reserve the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Such changes will become effective thirty (30) days after they have been posted to this site or whenever TYAC has otherwise notified you of the change.
12.2 Though TYAC may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most recent version of these Terms and Conditions, which is always available from a link on our homepage. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes.