TERMS AND CONDITIONS
TERMS and CONDITIONS
Digidartup India pvt ltd. proudly holds an exclusive online partnership with Scentials, solidifying a dynamic collaboration that leverages our digital expertise to enhance the reach and impact of Scentials' offerings in the online domain.
This agreement outlines the terms and conditions between SCENTIALSWORLD.COM and you, or if you represent an entity or organization. The website and other SCENTIALS.com sites, accessible through mobile applications, are produced and published by SCENTIALS, a Delaware corporation. SCENTIALS' registered office is located in Andheri East Mumbai, Maharashtra 400093 India.
The Website provides individuals with access to content, interactive functionality, and services, including an online catalog of products and prices. This Agreement applies to use and access, and the Website is not intended for minors.
This agreement requires you to carefully read and agree to this document before accessing or using the website or any content or services. If you do not agree, SCENTIALS will not provide access to or use the website or any accessible content or services, and you must not access or use the website.
This Agreement is the sole and exclusive agreement between you and SCENTIALS regarding your access to and use of the platform and all Content and Services, superseding any prior agreements or communications related to the Website and any Content or Services.
1. DEFINITIONS.
Terms used in this Agreement have the definitions given in this Agreement.
2. TERM.
This Agreement is entered into as of the earlier of the date you first access or use the Website or any Content or Services and will continue until terminated as set forth herein.
3. ELIGIBILITY.
You must be 18 years or older to access or use the Website or any Content, or Services. By accessing or using the Website or any Content or Services, you represent that you are at least 18 years old. The Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. By accessing the Website or any Content or Services you agree that you meet these eligibility requirements.
4. Modifications
SCENTIALS reserves the right to modify the Website or any Content or Services at any time without notice. Any changes will be posted on the Website or provided with notice through the Website. These modifications will be effective immediately. If you object to any modifications, you can terminate the Agreement. However, you will be deemed to have agreed to all modifications through continued use of the Website or Content or Services after the notice period.
5. Orders and Terms of Sale
The website offers an online catalog of products and prices, allowing users to place orders for products and offerings. All orders are subject to acceptance by SCENTIALS, at its discretion. The purchase of products is governed by the terms displayed on the website and any additional terms provided by SCENTIALS. If this Agreement conflicts with the Terms of Sale for an Order, the Terms of Sale will govern and control the Products provided to the user. Risk of loss and title to purchased Products pass to the user upon delivery to the carrier. SCENTIALS reserves the right to refuse or cancel orders with incorrect prices or information, and if a credit is issued for the cancelled order.
6. Account
6.1 Users
Access to certain Content and Services on the Website is possible without establishing an Account, provided you agree to this Agreement. However, some Content and Services may require an Account, and approval is at SCENTIALS' discretion. Organizations can authorize designated employees to access the Website on their behalf, while individuals can access the Website as the sole User. Each user identification and password is personal and can only be used by the individual or the User to whom the Account ID is issued.
6.2. Registration information
In connection with establishing an Account, you will be asked to submit certain information about yourself and, as applicable, your organization. You agree that: (a) all such information you provide will be accurate, complete, and current; (b) you will maintain and promptly update all such information to keep it accurate, complete, and current; and (c) you will not provide any information belonging to another person or organization with the intent to impersonate that person or organization.
6.3 Responsibilities
You are responsible for all access and use of your Account, including Content and Services. SCENTIALS may consider actions taken through your Account authorized. You must comply with this Agreement and other users. You must ensure the security and confidentiality of your Account ID and notify SCENTIALS if it is lost, stolen, or compromised. You are responsible for all costs, fees, liabilities, and damages incurred. Orders made through your Account are considered lawful. SCENTIALS cannot be held liable for these obligations or failure to fulfill them.
7. Access
7.1. To the Website and Services.
Subject to your compliance with this Agreement, SCENTIALS will permit you to access and use the Website and Services solely for your own lawful purposes and only in accordance with this Agreement and any other agreement you agree to with SCENTIALS before being given access to any specific aspects of the Website. Any additional agreement is in addition to this Agreement and will govern your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of this Agreement and the additional agreement.
7.2. To Content.
The Website contains all content, including images, illustrations, sounds, texts, graphical elements, and other media, owned by SCENTIALS, its third-party providers, or other users. The Content is provided for informational purposes only and users are responsible for verifying its accuracy, completeness, and applicability.
Users may access the Content for personal and noncommercial purposes, and cannot alter, modify, reproduce, distribute, sell, resell, lend, lease, license, sublicense, or transfer it. SCENTIALS cannot be held responsible for any errors or omissions in the Content and cannot be held liable for any content under the Communications Decency Act (CDA). Users are not granted licenses or other rights in or to the Content, and if they wish to use it in a manner not permitted by the Agreement, they must contact SCENTIALS.
7.3. To Third-Party Services.
The Website may provide you with access to certain Services developed, provided, or maintained by other third-party service providers ("Third Party Services"). In addition to the terms of this Agreement, your access to and use of any Third Party Services is also subject to any other agreement you may agree to before being given access to the Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Agreement, but will not apply to any other Services you may access through the Website. Except as set forth in this Agreement, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Agreement and that Third Party Service Agreement.
8. TERMINATION.
The Website allows users to discontinue use at any time and request to disable access to their account. SCENTIALS can terminate this Agreement at any time by disabling access or providing notice. Upon termination, all rights granted to users will be terminated, and users must immediately stop using the Website and Services. Content obtained prior to termination will be deleted, and SCENTIALS may disable the account and delete any content. Orders pending at the time of termination may be fulfilled or cancelled, and pre-paid amounts may be refunded. Sections titled Definitions, Termination, Suspension, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Claims of Infringement, Disputes, Notices, International Access, Linked Websites, and Additional Terms will survive termination.
9. SUSPENSION.
Without limiting SCENTIALS’s right to terminate this Agreement at any time or by any means, SCENTIALS may also suspend your access to your Account, the Website, any Content, or any Services, with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable law or upon any other conduct deemed by SCENTIALS, in its sole discretion, to be inappropriate or detrimental to the Website, Services, SCENTIALS, or any other User or third party.
10. WEBSITE TECHNOLOGY.
The Website, its databases, software, hardware, and other technology used by SCENTIALS to operate the Website are considered valuable trade secrets. Users are prohibited from accessing or using the Technology in any unlawful manner, using automated scripts to collect information, altering, modifying, reproducing, creating derivative works, distributing, selling, reselling, lending, leasing, licensing, sublicenseing, or transferring any rights to access or use the Technology, reverse engineering, disassembling, decompiling, circumventing technological protection measures, monitoring the Technology's availability, performance, or functionality, interfering with its operation or hosting, introducing viruses, Trojan horses, worms,
logic bombs, unauthorized advertising, transmitting content that is illegal, prejudicial, threatening, abusive, criminal, defamatory, vulgar, obscene, or offensive, probing or testing the Technology's vulnerability, misuse of another individual's identity, accessing data not intended for them, entering unauthorized servers or accounts, or transmitting or transferring information, software, or Technology to other countries or foreign nationals in violation of national or international laws or regulations.
11. OWNERSHIP.
The Technology, all additions, improvements, updates, and modifications thereto, and all intellectual and proprietary property rights, including all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, and rights in data and databases (“IPR”), in and to the Technology are and will remain the sole and exclusive property of SCENTIALS and its third party providers. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Website, Content, and Services under this Agreement.
12. SCENTIALS MARKS.
The SCENTIALS name and logo, and all names and logos displayed on the Website, through the Services, or in any Content, are trademarks or service marks of SCENTIALS and its affiliates and third party providers. You are granted no right or license to use any such trademarks or service marks. Any use of such trademarks or service marks without SCENTIALS’s express written consent is strictly prohibited. SCENTIALS reserves the right to claim damages in the event of counterfeiting and more generally of infringement upon its IPR. Similarly, you shall refrain from infringing upon any property rights, particularly IPR, which may be held by any company in the group to which SCENTIALS belongs. Any use whatsoever of SCENTIALS’s IPR and/or any other Content is subject to the express authorization of SCENTIALS or the holder of the IPR concerned.
13. REPRESENTATIONS AND WARRANTIES.
13.1. Mutual.
Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to
perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
13.2. Compliance with Laws.
You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to SCENTIALS that your use of and access to the Website or any Content or Services, will comply with all applicable Laws and will not cause SCENTIALS itself or any other third party to violate any applicable Laws. SCENTIALS is not responsible for notifying you of any such Laws, enabling your compliance with any such Laws, or for your failure to comply with any such Laws.
13.3. No Warranties; Disclaimer.
EXCEPT AS MAY OTHERWISE PROVIDED IN THE TERMS OF SALE SPECIFIC TO A PRODUCT, ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED. THE WEBSITE AND ALL CONTENT AND SERVICES ARE PROVIDED STRICTLY "AS IS" AND "AS AVAILABLE." SCENTIALS AND ITS SERVICE PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE OR ANY CONTENT OR SERVICES, INCLUDING ANY PRODUCT INFORMATION DISPLAYED ON THE WEBSITE. SCENTIALS DOES NOT ENDORSE ANY PRODUCTS OR ANY VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHERWISE PROVIDED THROUGH THE WEBSITE. SCENTIALS AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND ALL CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, COMPLETENESS, ACCURACY, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCENTIALS, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY WARRANTIES WITH RESPECT TO THE WEBSITE OR ANY CONTENT, SERVICES, OR PRODUCTS.
SCENTIALS AND ITS SERVICE PROVIDERS MAKE NO WARRANTY THAT (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS FOR NORMAL USE OR FOR YOUR SPECIFIC USE; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, UP TO DATE, OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (e) THE WEBSITE WILL NOT INCLUDE ANY TYPOGRAPHICAL, TECHNICAL INACCURACIES OR OTHER ERRORS; (f) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; (g) THAT THE WEBSITE IS FREE FROM VIRUSES, DATA OVERWRITING PROGRAMS, TROJAN HORSES, MALICIOUS CODE, OR OTHER DESTRUCTIVE CONTENT. ANY CONTENT OR SERVICES OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF RESPONSIBILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
14. INDEMNITY.
You hereby agree to indemnify, defend, and hold harmless SCENTIALS and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) your access to or use of the Website or any Content or Services; (2) your collection and disclosure of any Content or Services, (3) your violation of applicable Laws; and (4) your breach of any provision of this Agreement. SCENTIALS will use reasonable efforts to provide you with notice of any such claim or allegation, and SCENTIALS will have the right to participate in the defense of any such claim at its expense.
15. LIMITATION ON LIABILITY.
SCENTIALS AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF SCENTIALS OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. SCENTIALS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE AND ALL CONTENT AND SERVICES, OR ANY PRODUCTS PROVIDED UNDER THIS AGREEMENT OR THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID BY YOU RESULTING FROM ANY ORDERS MADE IN THE MONTH IMMEDIATELY PRECEDING THE ACT GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT SCENTIALS WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, SCENTIALS’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.