Terms & Conditions

This agreement applies as between you, the User of this Website and Scent Academy, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 14 – 24 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 11 – 13 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

To submit a order request, you must:

a) comply with all prerequisites specified by Scent Academy (if any);

b) submit a Service and/or product order request (either online or offline, as detailed by Scent Academy);

c) accept these General T&Cs, together with any applicable special terms and conditions, and

d) receive a confirmation in writing from Scent Academy, which confirmation will be delivered online (if the order is placed on this Website), digitally, by post or offline (by executing a Service and/or product order, signed by both parties).

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

In this Agreement the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

"Facilities": means collectively any online facilities, tools, services or information that Scent Academy makes available through the Website either now or in the future;

"Services": means the services available to you through this Website, specifically use of the Scent Academy proprietary e-learning platform;
Scent Academy provides educational and cultural services (the “Services”). Unless otherwise expressly indicated, Educational Services are non-formal courses and/or training programs, available either online and/or onsite, which are not regulated by specific educational legislation (that is, you will not obtain any official degree upon completion of the training program). Cultural Services are conferences, speeches, presentations, workshops and or any other informational and/or entertaining activity related to the world of scents and perfumes, delivered by Scent Academy either as an independent event or as part of a third-party event (including events you may organise). As part of the Services, Scent Academy may also sell and/or license educational and/or cultural materials, as further detailed below.

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Premises": Means Our place of business located at Keizersgracht 62, 1015CS AMSTERDAM - THE NETHERLANDS;

"System": means any online communications infrastructure that Scent Academy makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Website and is not employed by Scent Academy and acting in the course of their employment;

"Website": means the website that you are currently using www.scent.academy and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Scent Academy, a company incorporated in The Netherlands with Company registration Number 65127137, located at Keizersgracht 62, 1015CS AMSTERDAM - THE NETHERLANDS.

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Scent Academy, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Dutch and International intellectual property and other laws.
4.2 You may not copy, reproduce, publish, license, rent, lend, sell or more generally exploit, also commercially, in total or in part any materials, documents and/or other products supplied by Scent Academy, without express, written and prior permission of Scent Academy and, where applicable, from the owner of intellectual property rights therein to do so. By purchasing a product, material or Service, you are only granted a license to use the associated documents, materials, products and/or any other IP rights only for private purposes and only in connection with the products or Services ordered.
4.3 By participating in any Service, you grant Scent Academy an exclusive, royalty-free license to use any material you may create during the event or program (such as drawing, writings, exercises, etc.), for research and commercial purposes.

8.1.1 You must not use obscene or vulgar language;
8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content that is intended to promote or incite violence;
8.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
8.1.6 You must not impersonate other people, particularly employees and representatives of Scent Academy or Our affiliates; and
8.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

8.2 You acknowledge that Scent Academy reserves the right to monitor any and all communications made to Us or using Our System.
8.3 You acknowledge that Scent Academy may retain copies of any and all communications made to Us or using Our System.
8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

11.1 Pre-contractual Information You will find general information about Scent Academy’s Services and products in the public area of the Website, including but not limited to:a) Complete list of Services offered by Scent Academy b) The scope of each Service and validity term (if any) c) Available dates, duration of service, duration of access to the service (or delivery term, in case of Service materials) d) Minimum advance enrolment/setup term e) Minimum number of attendants (if any) f) Available methods to conclude the Service agreement with Scent Academy g) Online and/or offline Service delivery method h) Admission rules, in case you must fulfil certain requirements (such as background, knowledge, expertise, etc.), as a prerequisite to attend the program and/or event i) Associated Service materials (detailing whether the use of said materials is compulsory or not)j) Total fees k) Payment terms (due date, payment methods, refund policy if applicable, etc.)l) Your rights and obligations (including any applicable general or particular terms and conditions) m) Any special terms and conditions applicable to the Service, if any n) Complete information about Scent AcademyPlease read carefully any pre-contractual information made available by Scent Academy before concluding an agreement. If you need additional details to take an informed decision, you may request it by email or in any other way made available by Scent Academy from time to time.
11.2 Whilst every effort has been made to ensure that all general descriptions of Services available from Scent Academy correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.8 for incorrect Services.
11.3 Where appropriate, you may be required to select the required Plan of Services.
11.4 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
11.5 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
11.6 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
11.7 Delivery of products : Delivery of standard products purchased on the Website will take place within 30 days from the date of the Agreement, unless otherwise agreed with you in writing. If you do not receive the products within that term, you may terminate the Agreement by giving notice to Scent Academy.
11.8 You accept that the delivery of customised materials may take longer than 30 days. Before conclusion of the order, 5SNE will inform you the estimated date of delivery. If you cancel a customised product order, no refund shall apply, unless termination is due to Scent Academy’s default.If any material is faulty or damaged, 5SNE will promptly replace it without any cost for you.
11.9 Olfactorium ®: Scent Academy may use Olfactoriums ® as part of its Educational and/or Cultural Services. Olfactorium ® are used by Scent Academy under a license from Cinquième Sens. Olfactorium ® is a product designed to illustrate raw materials and perfumes. Scent Academy shall have no responsibility whatsoever for any transaction between you and Cinquième Sens in connection with the purchase of Olfactorium ®.
11.10 Warnings: Certain materials are exclusively intended to be used for olfaction purposes, and in no event are intended for any other use whatsoever, including but not limited to, application on the skin, clothes, fabrics or any other surface; combination with other materials, or in general, for any other purpose. Scent Academy shall in no event be responsible if you make any faulty, inappropriate or negligent use of Service materials.
11.11 Please be advised that materials might include allergens, which list of allergens shall be previously informed by Scent Academy. Therefore, it is up to you to verify before the beginning of the program if you are sensible to any of those allergens, and to look for medical advice on the convenience of attending or not the Service or purchasing any product or material. Likewise, as a general safety condition, if you suffer from any medical conditions, including but not limited to asthma, respiratory problems, allergies of any kind or any other health situation, you are invited to check in advance with competent health professionals whether enrolling in any training program that involve olfaction exercises is advisable for you or not. Scent Academy shall in no event be responsible for any health issues you may experience during the Service for any reasons not exclusively and directly attributable to Scent Academy.
11.12 In all cases, you must make use of all the protection and safety means offered by Scent Academy in order to prevent any material or personal damage. You may not wear perfumes or perfumed products of any sort or type during the Service, as this could interfere with the program delivery.

12.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between Scent Academy and you.
12.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

12.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
12.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
12.5 We aim to fulfil your Order within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 13, will be affected.
12.6 Scent Academy shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
12.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within 10 (10) working days.
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
12.8 Scent Academy provides technical support via our online support forum and/or phone. Scent Academy makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

We want you to be completely satisfied with the Products or Services you order from Scent Academy . If you need to speak to us about your Order, then please contact customer care by email at enquiries@scent.academy or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.

13.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between Scent Academy and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: enquiries@scent.academy. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 13.2.

13.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
13.4 In case of termination in accordance with the terms of the cooling off period, you will have the right to a full refund of fees or amounts effectively paid for that product and/or Service. Scent Academy will refund those amounts within 14 days from the date of termination of order, provided that you have returned any and all materials already delivered to you within 7 days from the termination notice, and provided also that said materials are in perfect conditions.
13.5 Any changes to a Service (including, for example, specific contents, dates, location and/or trainers) will be promptly informed to you. Scent Academy may cancel a Service if the minimum number of participants is not reached, or for any other reason beyond Scent Academy’s reasonable control (including, for example, sickness or unforeseen leave of absence of trainer, strikes, late provision or non-provision of materials from third parties, force-majeure event, etc.). Whenever this is commercially reasonable, Scent Academy will try to reschedule the Service. If it is not commercially reasonable to postpone the Service, Scent Academy will cancel the Service and you will receive full refund of fees paid for that Service, but Scent Academy will not be responsible for any costs you may incurred in relation to or in connection with the cancelled Service (such as hotel or other accommodation and/or travel arrangements, etc.).
13.6 You may cancel at any time your participation in any Service. Notice of cancellation must be communicated to Scent Academy in writing. It is not possible to postpone the participation to a later date.
13.7 The following refunds apply in case you cancel your participation: a) If you purchased an online Service (e.g., online training programs, online materials, etc.), no refund is available after expiration of the cooling-off period. b) If you purchased an onsite Educational Service, the following charges apply in case of cancellation: If you cancel your participation at least two months before the Service start date, you will be charged a fee equivalent to 10% of the Service fee, with a minimum of € 50.00; ·If you cancel your participation between 1 and 2 months prior to the Service start date, you will be charged a fee equivalent to 25% of the Service fee, with a minimum of € 100,00; ·If you cancel your participation between 2 weeks and 1 month prior to the Service start date, you will be charged a fee equivalent to 50% of the agreed fee, with a minimum of € 150,00; - If you cancel your participation with less than two weeks before the Service start date, you will be bound to pay the full fee. c) If you cancel your participation in any Cultural Service ordered, no refund is available and you will be bound to pay the full fee (unless you and Scent Academy agree otherwise).
13.8 Any party may terminate an order pursuant to the general causes set out by law, and/or in case of breach of contract, if not remedied within 15 days from the notice of default given by the other party.

16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

18.1 The Website is provided “as is” and on an “as available” basis. Scent Academy uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts Scent Academy's liability for death or personal injury resulting from any negligence or fraud on the part of Scent Academy.
19.3 Scent Academy will only be liable for direct damages caused to you by its fault or negligence. Maximum liability will not exceed the fees you effectively paid for the affected Service and/or material.
19.3 Scent Academy will not be liable for any indirect or consequential loss or damage, nor for direct damages you or any third party may suffer due to your negligence or fault.
19.4 Scent Academy's liability for any product or service provided by a third party who has been called by Scent Academy to provide said product or service, will not exceed the amount effectively recovered by Scent Academy from that third party.
19.5 Scent Academy will not be liable for cancelling a Service or delaying the beginning of an Educational Service for any reason beyond its reasonable control.
19.6 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

25.1 In general, Scent Academy will answer any queries about Services within 10 working days from the date of receipt of said query or question. However, if your query is complex or requires more time to be answered, Scent Academy will send you a confirmation of receipt indicating when you may expect to receive a more detailed answer.
25.2 Any complaints you may have must be sent in writing, and be as detailed and clear as possible. Your complaints must be submitted to Scent Academy in a timely fashion upon discovering a defect or fault, and in any event, within 2 months from the event giving place to the complaint. If you do not submit your complaint within that term, you might lose your rights.
25.3 Once a complaint is received, you and Scent Academy will do reasonable effort to find an amicable solution. If that is not possible, the parties may submit the dispute as follows: For the purposes of resolution of each and any dispute that has arisen or might arise further to the present agreement, or any further agreements resulting from the same, the parties shall – or a party shall – file a request for mediation with the NAI (Netherlands Arbitration Institute) secretariat (NAI Secretariat, Aert van Nesstraat 25 J/K, 3012 CA Rotterdam, The Netherlands, P.O. Box 21075 3001 AB Rotterdam The Netherlands Tel: +31-10-281 6969, E-mail: secretariaat@nai-nl.org) in accordance with the NAI Mediation Rules, subject to the following rules:
• 25.3.1 If Scent Academy wants to submit the dispute to NAI for mediation, it will give you a written notice giving you a 5-week term to agree or not to the submission, and informing that Scent Academy is free to submit the dispute to any court if the period of 5 weeks elapses. • 25.3.2 Any dispute must be submitted to NAI for mediation within a maximum term of 12 months from the date of the complaint.
• 25.3.3 Submission of disputes for mediation and resolution of disputes via mediation is subject to payment of a fee.
• 25.3.4 If Scent Academy wants to submit the dispute to NAI for mediation, it will give you a written notice giving you a 5-week term to agree or not to the submission, and informing that Scent Academy is free to submit the dispute to any court if the period of 5 weeks elapses.
• 25.3.5 Any dispute must be submitted to NAI for mediation within a maximum term of 12 months from the date of the complaint.
• 25.3.6 Submission of disputes for mediation and resolution of disputes via mediation is subject to payment of a fee.

Welcome to Scent Academy, the leading expertise centre and online school in fragrance education.

Terms and Conditions

1. Definitions and Interpretation

2. Age Restrictions

3. Business Customers

4. Intellectual Property

5. Third Party Intellectual Property

6. Links to Other Websites

7. Links to this Website

8. Use of Communications Facilities

9. Accounts

10. Termination and Cancellation of Accounts

11. Services, Pricing and Availability

12. Orders and Provision of Services

13. Changes, Cancellation of Orders and Services

14. Privacy

15. How We Use Your Personal Information (Data Protection)

16. Disclaimers

17. Changes to the Facilities and these Terms and Conditions

18. Availability of the Website

19. Limitation of Liability

20. No Waiver

21. Previous Terms and Conditions

22. Third Party Rights

23. Assignment

24. Communications

25. Queries and Complaints

26. Law and Jurisdiction

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