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.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
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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.
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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.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Scent Academy. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.scent.academy without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at enquiries@scent.academy.
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 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.
- 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 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.
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10.1 Either Scent Academy or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
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10.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 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.
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11.3 Where appropriate, you may be required to select the required Plan of Services.
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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.
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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.
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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.
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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.
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12.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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12.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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12.2.3 Relevant times and dates for the provision of the Services;
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12.2.4 User credentials and relevant information for accessing those services.
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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.
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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.
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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.
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12.6 Scent Academy shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
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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.
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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.
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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.
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13.2 If the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
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13.2.1 You may not terminate an online order about the purchase or license of online materials or Services if you have already downloaded, streamed, copied, printed or otherwise gained access to that online material or Service or any part thereof.
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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.
Use of the Website is also governed by Our Privacy Policy (www.scent.academy/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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15.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the applicable privacy regulations.
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15.2 We may use your personal information to:
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15.2.1 Provide Our Services to you;
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15.2.2 Process your payment for the Services; and
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15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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15.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the applicable privacy regulations and should use and hold your personal information accordingly.
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15.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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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.
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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.
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16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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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.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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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.
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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.
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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.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Scent Academy.
Neither party may assign in whole or in part any of its rights and obligations hereunder without the prior express and written consent of the other party. Notwithstanding the foregoing, you consent that:
a) Scent Academy may assign any credit to third parties, provided that it gives you prompt notice.
b) Scent Academy may assign all of its rights and obligations hereunder in case of sale of any part of its business to a third party, without the need to give you prior notice.
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24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to enquiries@scent.academy.
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24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
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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.
These Terms and Conditions and the relationship between you and Scent Academy shall be governed by and construed in accordance with the Law of The Netherlands and Scent Academy and you agree to submit to the exclusive jurisdiction of The Netherlands.