Effective Date: September 22, 2019
1. Overview of Terms and Conditions
Manscaped, LLC and affiliated companies (herein as “Manscaped” or “we” or “us” or “our”) provides this Terms and Conditions Agreement (“Agreement”) to anyone who may access our website at au.manscaped.com (the “Site”) and/or order our products through it (referred to as “user” or “you” or “your”). Before you use the Site, our social media pages, and/or order our products, you are required to abide by the terms and conditions described in this Agreement.
By accessing the Site and purchasing the products we provide through it; you represent that you have read, understood, and agreed to be bound by the terms and conditions in this Agreement. If you do not agree to be bound by the terms and conditions in this Agreement, you are not permitted to access the Site and order our products through it.
The Site may be available in locations where our products and services are not targeted. Manscaped does not warrant that the access or use of our products will be appropriate in all locations. If you access the Site from any location where it is not appropriate, you do so at your own risk and shall bear all the responsibilities associated therefrom.
2. Placing an Order on the SiteTo Place an order for any of our products, you must fill the necessary order details, including your shipping and billing addresses. After placing your order, Manscaped will provide you with the order details including the order number. Issuing you with the order details does not constitute our acceptance of your order. Your order will be approved when you get a notification of approval from Manscaped via your email address. We may disapprove of your order at our discretion or otherwise reduce the number of products in your order (if the product is limited in store). Please, be aware that the colors or screen displays of products may be a bit different from your order. By placing an order with us, you agree to any terms and conditions attached to your order and this Agreement.
3. Product PricesThe products on the Site are listed in Australian Dollars (AUD). The prices are exclusive of GST, shipping fees, and shipping duties. These costs (if applicable) will be calculated and added to the price of the product you ordered and attached to your order details. The total price in your order details shall be the whole amount you will pay including GST, shipping (if applicable), and shipping duties.
5. Products Delivery and Risk of LossThe products ordered will be delivered to the shipping address submitted on the order form to any state in Australia. If any product is out of stock, we will notify you of its possible available date.
Once a product is delivered to you, the title and risk of loss are automatically passed to you. All notification regarding your order and delivery will be passed to you via the email address you submitted on the order or shipping form. It is important that you give a valid email address and phone number when submitting this information.
6. Exchanges, Returns, RefundsWe offer exchanges, returns, and Refunds on products provided you meet certain conditions. For a return on refunds, you must cancel your order before the product is shipped out. For more information regarding exchange, return, and refunds, see our Warranty and Returns page.
7. User Representations and WarrantiesBy accessing the Site and ordering products from us, you represent to Manscaped that:
- You have attained the legal age of majority (generally 18 years of age in Australia);
- You have the legal capacity to enter into this Agreement;
- Your use of the Site or the content we provide will not violate any applicable law or regulation;
- Your use of the Site will not be in a manner that may infringe on the rights of Manscaped, other users, and third parties;
- Your submitted personal information such as name, email address, payment data, etc. on the Site is accurate and complete, and that you will maintain the accuracy of such information;
- Your content (described below) does or will not violate or infringe on the rights of any other person or entity or other users; and
- You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified in this Agreement.
8. Prohibited ActivitiesBy using the Site, you agree NOT to:
- use it in a commercial manner, including by distributing, transmitting or publishing its content to a third party;
- interfere with other users’ use thereof;
- forge headers, impersonate another person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Manscaped through it;
- impair its’s operation or interfere with or disrupt the servers or networks connected to it;
- interfere with our intellectual property rights in a manner not specified under this Agreement;
- frame or otherwise co-brand it or any of its content;
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any third-party;
- upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation without our consent;
- upload, post, email, or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware that makes it up;
- upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- harass, threaten, or intimidate any of our agents or employees that are engaged in providing the Site to you;
- assign, rent, lease, or transfer your user account to another person without our consent;
- trick or mislead Manscaped or any employee in order to learn sensitive information which may be used to compete with us or otherwise harm us;
- attempt to gain unauthorized access to (a) any portion or feature thereof, (b) any other systems or networks connected to it, (c) any Manscaped server, or (d) any of the services offered on or through it, by hacking, password mining, or any other illegitimate or prohibited means;
- create means to trace the personal information of any other user or persons in order to send them unsolicited messages;
- take any action that imposes or creates an undue burden on it or any network that is connected to it or makes it up; and/or
- use it in a manner that could damage, disparage, or otherwise negatively impact Manscaped.
10. Intellectual Property RightsThe content available on the Site (“Manscaped Content”), including the trademarks and logos (“Marks”), are licensed to or owned by Manscaped and are subject to copyright and other intellectual property rights under Australia, foreign laws, and international conventions. Manscaped Content includes but not limited to every source code, functionality, database, website design, software, text, audio, video, images, and graphics. All the designs, logos, page headers, graphics, script, button icons, and service names are registered trademarks, common law trademarks, or trade dress of Manscaped in Australia and other countries. Our trademarks and trade dress may not be used, including as part of domain names in conjunction with another product/service in a way that is likely to cause confusion, and may also not be imitated, copied, or used (part or whole) without our written consent.
The Manscaped Content on the Site is provided to you on “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, advertised, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without written consent from Manscaped.
11. Limited LicenseBy complying with this Agreement, Manscaped grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Site and its content solely for your personal, non-commercial use. The foregoing license is limited: You may not (i) engage in any resale of our products or any contents provided by us through the Site; (ii) copy or download our product descriptions, product listing, and prices for commercial purposes; (iii) engage in any derivative use of our services or the Site contents; (iv) use any data-gathering and extraction tools such as data mining and robots; or (v) erase or remove any proprietary or intellectual property notice contained in or on the Site (or any part thereof).
All rights not expressly granted to you in this Agreement are reserved and retained by Manscaped. None of our products or any part of our services may be reproduced, duplicated, copied, sold, leased, rented, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may only use the Site and its content as permitted by applicable law. The licenses granted by us hereunder can be terminated if you do not comply with this Agreement.
12. Third-Party ContentThe Site may contain links, adverts, text, and other content (“Third-Party Contents”) that lead to other websites (“Third-Party Sites”). Such Third-Party Contents are not affiliated to Manscaped and are not checked for accuracy or appropriateness. Manscaped is also not responsible for the content of any Third-Party Content available through the Site. By accessing any Third-Party Content on the Site, you are aware that your access is at your own risk. We recommend that you review the privacy policies and terms and conditions document of any Third-Party Content linking to a Third-Party Site on the Site. Manscaped shall not be liable to you for any loss of privacy or other damages you may suffer due to your access to a Third-Party Content through the Site.
13. User Content and SubmissionsIf you send certain specific submissions, including by not limited to contest comments, entries, suggestions, reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your User Content. We are and shall be under no obligation to, (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments. By transmitting any User Content to Manscaped, you represent and warrant that such User Content will not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, copyright, trademark, privacy, personality, or other personal or proprietary right) and that you have all rights necessary to convey such User Content to Manscaped. In addition, any User Content received by us will be deemed to include from you a perpetual, non-exclusive, irrevocable, transferable, royalty-free right, and license for us to adopt, use, copy, print, display, reproduce, modify, publish, post, disseminate, transmit, distribute, create derivative works, and display (in whole or in part) worldwide, or act on such User Content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and you hereby waive any claim to the contrary.
14. Disclaimer of WarrantiesTHE SITE, MANSCAPED CONTENT, AND OUR SERVICES ARE PROVIDED “AS-IS.” MANSCAPED DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE PRODUCTS, AND MANSCAPED CONTENT IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. MANSCAPED DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. WE ARE NOT MEDICAL PRACTITIONERS AND, THEREFORE, DOES NOT REPRESENT THAT ANY INFORMATION SHARED BY US CONSTITUTES PROFESSIONAL ADVICE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS WITH YOU. FOR THE AVOIDANCE OF DOUBT, MANSCAPED HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANSCAPED OR THROUGH THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
15. Limitation of Liability
General Limitation: UNDER NO CIRCUMSTANCES SHALL MANSCAPED, OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSS, INCLUDING DAMAGES OF LOSS OF PROFIT, REVENUE, DATA, AND OTHER DAMAGES OR LOSSES ARISING FROM YOUR USE OF THE SITE, OUR PRODUCTS, AND GENERAL SERVICES, EVEN IF MANSCAPED WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGE OCCURRING.
WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF MANSCAPED (IF FOUND LIABLE) FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, OUR PRODUCTS, OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO MANSCAPED FOR ANY PRODUCT OR SERVICE. THESE SHALL BE CONSIDERED LIQUIDATED DAMAGES AND NOT A PENALTY EVEN IF MANSCAPED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE.
- Exclusion: CERTAIN STATE/COUNTRY LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold HarmlessYou hereby agree to release, discharge, defend, indemnify, and hold harmless Manscaped, our affiliates, officers, directors, employees, agents, third-party service providers, licensors, contractors, and others involved in the delivery of products, services, or information through the Site (collectively, the “Indemnified Parties”) from and against any damages, losses, claims, expenses, and demands arising from, in connection with, or relating to, any breach of this Agreement by you, including breaches arising from your use of the information obtained through the Site. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and litigation expenses of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed through the Site or related website(s).
17. Managing the SiteIn relation to the Site and our services, Manscaped reserves the right, but is not obligated to:
- Monitor the Site for any breach of this Agreement;
- Exercise legal actions against any user who Manscaped believes has violated this Agreement, including reporting such person to law enforcement;
- Restrict, refuse, or limit, in our discretion, any content made by any user if such content is believed to be in violation of this Agreement;
- To delete or disable files from our database, which we believe to be burdensome or excessive in size, or otherwise slows down our operation; and
- Manage the Site in a way that is designed to protect our rights and property and those of other users.
18. Term of AgreementThis Agreement between you and Manscaped shall be in full force and effect for as long as you use the Site and/or order products through it.
19. Termination of Agreement
- By User: You may withdraw your consent or terminate this Agreement at any time by requesting to close your user account. To request the termination of your user account, reach out to any of our agents at firstname.lastname@example.org.
- By Manscaped: We reserve the right, with or without notice, to terminate your participation on the Site or deny you the right to order products from us. This may be due to your violation of this Agreement, your representations, or any applicable law. Should your participation be terminated, your User Content and profile will be deleted from our database. The termination of your account also prohibits you from creating a new account under your name, a pseudo or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
To this Agreement
Manscaped reserves the right to modify, update, or review this Agreement from time-to-time. If we modify this Agreement, it shall be effective when the effective date above changes. Notice of modifications to this Agreement may be communicated to users via the email address or phone number submitted in the course of registering for our services. You are, therefore, expected to regularly review this Agreement for modifications to it. By your continued use of the Site and our services after any modification to this Agreement, you represent that you consent to such modification.
To our Product and services
Similarly, Manscaped reserves the right (at any time) to modify or discontinue the sale of a product, close the Site, or our services without notice to anyone. Any modification or discontinuance of a portion of our services or a product shall not incur any liability on us.
21. No Medical AdviceThe statements regarding the products available on the Site have not been evaluated by the United States Food and Drug Administration (USFDA). The products are not intended or to be construed as a diagnosis, treatment, cure, or prevention of any disease. The information associated with your use of the product or the Site is intended or designed for educational purposes only and shall not be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without first consulting with an informed medical practitioner or doctor. You should not disregard professional medical advice or delay in seeking it due to any information you have read on the Site. Your reliance on any information provided by Manscaped through any means is solely at your own risk. Manscaped shall not be liable to you or any third party for any medical condition you may suffer due to the action you took based on the information you found on the Site or other means provided by Manscaped.
In addition, these products are not intended for use by persons under 18 years of age without consulting with a doctor or medical practitioner. You also should consult with your doctor before using the product if you have any medical condition such as but not limited to strokes, high blood pressure, liver, heart, kidney or thyroid diseases, diabetes, anemia, anxiety, depression, and other psychiatric conditions or if otherwise taking any prescription, OTC (over the counter) and/or other herbal medications.
22. Dispute Resolution
Governing Law and Jurisdiction: This Agreement has been made in and will be governed in accordance with the laws of the U.S. Federal Arbitration Act, New York Convention on the Recognition of Foreign Arbitral Awards (9 U.S.C. §§ 201-208, and the laws of the State of California without regard to conflicts of laws and its provisions. In the event, and for whatever reason, should the arbitration clause below not apply, then you consent to the jurisdiction of the federal or state courts located in San Diego County, California for purposes of any suit, action, or proceeding arising out of this Agreement, and you hereby consent to such exclusive and personal jurisdiction and venue. Any claim you might have against Manscaped must be brought within two (2) years after the cause of action arose, or else such claim or cause of action is barred. In addition, if any dispute proceeds in court rather than through arbitration, YOU AND MANSCAPED BOTH AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.
Informal Resolution: To speed-up resolution and control the cost of any dispute or claim under this Agreement, you now agree to negotiate any dispute (except those disputes expressly provided below in section 22e) informally for at least 15 days before initiating any mediation, arbitration, or court proceeding. Such informal negotiation commences upon written notices to Manscaped through our contact information as stated below.
Mediation and Arbitration: If you and Manscaped are unable to resolve any dispute by informal resolution (described above), you agree to resolve any dispute or claim relating to this Agreement or your use of the Site by Mediation - Binding Arbitration (except for any claim relating to the protection of intellectual property rights). The decision to mediate or arbitrate shall be decided between parties. Mediation shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”). The cost of mediation shall be shared between parties. Any election to arbitrate by you or Manscaped shall be binding on the other party. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THIS AGREEMENT. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the AAA and where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Manscaped will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone call, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by any of the parties.
The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between you and Manscaped. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
Class Action Waiver: TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASS ACTION BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MANSCAPED IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Exception in Informal Resolution and Arbitration: You and Manscaped agree that the following disputes are not subject to the above provisions concerning informal resolution and binding arbitration: (1) any dispute seeking to enforce or protect, or concerning the validity of any of either party’s intellectual property rights; (2) any dispute related to, or arising from allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim from injunctive relief.
Severability: In the event any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this Agreement, the invalidity, voidness, or unenforceability shall affect neither the validity of this Agreement nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
Headings: Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section.
No Waiver: Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision.
Relationship: The relationship between you and Manscaped is and shall be that of an independent contractor, and nothing in this Agreement shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee.
Assignment: You may not assign or otherwise transfer this Agreement or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without Manscaped’s prior written consent. Any attempt of assignment, delegation, or transfer in violation of this Agreement shall be void, of no effect, and a material breach of this Agreement. Notwithstanding the foregoing, Manscaped may assign this Agreement in whole or in part. Moreover, we may delegate our rights and responsibilities or use contractors or agents to fulfill our obligations under this Agreement.
Force Majeure: Manscaped shall not be liable to you or a third party for any loss, damage, or delay caused by any circumstances beyond our control such as severe weather conditions, acts of God, government restrictions, riots, war, embargo, etc.