Terms of ServiceUpdated 23 days ago
Last updated: 30 August 2023
This Terms of Service Agreement (“Terms”) are a legal agreement between you and Dollar Shave Club Australia Pty. Ltd. (Dollar Shave Club Australia Pty. Ltd. and its corporate parent, Dollar Shave Club Inc., may be referred to collectively as “DSC”, “Dollar Shave Club”, “we”, “our”, or “us”).
DSC may revise these Terms at any time. Your continued usage of the DSC Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. Please refer to Section 4.1 below if you have a Membership with us and we make changes to these Terms. The materials provided on the DSC Services are protected by law, including, but not limited to, United States copyright laws and international treaties. The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the DSC Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH DSC ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 11). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the DSC Services in any manner. By visiting and/or using the DSC Services or accepting the Terms, you represent and warrant to DSC that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to DSC that you will use the DSC Services in a manner consistent with any and all applicable laws and regulations.
- USE OF THE DSC SERVICES
2.1 Use Restrictions
The content on the DSC Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from DSC’s licensors, and any other materials displayed through the DSC Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with DSC or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of DSC or its licensors.
DSC authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2023, Dollar Shave Club, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the DSC Services may be included elsewhere within the DSC Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to DSC and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, DSC grants you a non-exclusive limited, non-transferable license to use the DSC Services. You may not distribute or make the DSC Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the DSC Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the DSC Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by DSC that replace and/or supplement the original DSC Services, unless such upgrade is accompanied by separate or updated Terms of Service.
You may not, without DSC’s written permission, “mirror” any Contents contained in the DSC Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the DSC Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the DSC Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the DSC Services or Contents or otherwise attempt to gain unauthorized access to any portion of the DSC Services or Contents or any other systems or networks connected to the DSC site, or to any server of Dollar Shave Club or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to DSC user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Without limiting our obligation to supply Products to you that you have paid for in accordance with the terms of this Agreement (or, alternatively (at our discretion), providing you with a refund for any amounts paid for any cancelled order), DSC reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the DSC Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
2.2 User Submissions
Except as provided under Submission of Ideas (Section 2.3 below), DSC does not claim ownership of any information or material a user provides to DSC or posts, uploads, inputs, submits, or transmits to the DSC Services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the DSC Services, or which, in the sole judgment of DSC, exposes DSC or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by DSC. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—DSC a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, DSC is not required to use any Submission.
You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. DSC is not responsible for the consequences of any Submission. DSC is not responsible for screening or monitoring Submissions made to the DSC Services by users. If notified by a user of a Submission allegedly in violation of these Terms, DSC may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. DSC will have no liability or responsibility to users for performance or non-performance of such activities.
DSC reserves the right (but is not obligated) to: (a) where permitted by applicable law, record the dialogue on the DSC Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the DSC Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; or (f) edit or delete any Submission posted on the DSC Services, regardless of whether such Submission violates these Terms.
2.3 Submission of Ideas
DSC policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Idea(s)”). Please do not submit any Ideas in any form to DSC. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of DSC’s products, services or marketing strategies might seem similar to ideas submitted to DSC. Notwithstanding such policy, any Idea that is offered or communicated to us through the DSC Services or otherwise shall be the property of DSC, and may be treated by DSC as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to DSC will automatically become the property of Dollar Shave Club, without any compensation to you; (b) DSC may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) DSC has no obligation to review any Idea; and (d) DSC has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, DSC.
2.4 Your Account
If you use the DSC Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password (whether authorized or not). DSC reserves the right to refuse service, terminate accounts or subscriptions, remove or edit content, or cancel orders or shipments in its sole discretion (subject to our obligation to supply Products to you that you have paid for in accordance with the terms of this Agreement (or, alternatively (at our discretion), providing you with a refund for any amounts paid for any cancelled order)).
- TERMS OF SALE
DSC sells shaving razors, grooming supplies, and other personal care products (the “Products”) to end-user customers (“Members”), including customers who purchase a recurring membership plan (“Subscriptions”) and/or customers who make an on-demand purchase to receive Products one time or on a schedule they choose from the options DSC makes available (collectively all purchases are herein considered “Membership(s)”). Products are only for Members’ own personal, non-commercial use. You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.
3.2. Placing an Order
We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorize your payment; (c) you are not allowed to buy Products from us or we are not allowed to sell Products to you; or (d) there has been a mistake in the pricing or description of the Products you have ordered.
Our acceptance of your order will take place only when we have received payment from you and shipped your Products.
If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your order, and DSC is unable to resolve the problem, we may notify you via email using the email address associated with your account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be canceled and we may not be able to deliver future Products until the problem has been resolved.
3.3 Products and Product Pricing
The price that we will charge you for the Products and Subscriptions may vary based on the number of Products you select for each shipment and to the extent applicable any discount, promotion or offer. Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on the DSC Services. You may view or customize the Products in each shipment by logging into your account and visiting the ‘My Subscriptions’ page or cart. If you add or remove Products from a shipment, or change your Subscription, this may change the price that we will charge you for the Products and shipment.
We reserve the right, in our sole and absolute discretion, to change prices for Products and Subscriptions, at any time, with appropriate notice to you, and, unless otherwise required by applicable law. We do not provide price protection or refunds in the event of promotions or price decreases. If you do not wish to continue to receive the relevant Product(s) at the increased price, then you must permanently remove the Product(s) from your shipment or cancel your Subscription in accordance with Section 4.3 below. You must do this at least one (1) business day before the first date we ship Products to you after the price change takes effect. Unless you permanently remove the relevant Product(s) or cancel your Subscription, you will be charged the increased price for the Product(s) for all deliveries of the Product(s) after the date on which the price change takes effect.
Unless otherwise stated, all prices quoted are in Australian dollars and where applicable, inclusive of all GST (as that term is defined in, if you are based in Australia, A New Tax System (Goods and Services Tax) Act 1999 (Cth) and, if you are based in New Zealand, the Goods and Services Tax Act 1985 (NZ).
3.4 Memberships and Promotions
Your Membership may (at DSC’s sole option) start with a promotional trial period, allowing you to receive your first shipment at a reduced price or to otherwise receive trial Product(s) at a reduced price (“Trial”). You may also choose to add additional Products to your shipment or order on a one-time or recurring basis (“Add-On Products”). During the Trial period, your Payment Method (as defined below) will be charged for only the Trial price and any shipping and taxes, if applicable, and any Add-On Products selected. For combinations with other discounts, promotions and offers, restrictions may apply. DSC reserves the right, in its sole discretion, to determine your Trial eligibility.
After the Trial period, Members will receive full-size Products shipped regularly based on the sign up offer or user defined Subscription frequency and/or Products you choose at the time you signed up for the Trial (each a “Restock Box”). DSC will bill your credit, debit, or other DSC-accepted payment method (“Payment Method”) for the applicable Restock Box – based on the Product(s), Subscription type and frequency you selected, and any Add-On Products you select for each shipment – at the end of the Trial period, unless you cancel your Subscription prior to the end of the Trial period in accordance with Section 4.3.
To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click the ‘Account’ page. To view your next shipment price, shipment contents, and ship date, click on ‘Manage.’ We may authorize your Payment Method through various methods, including authorizing it to cover your Membership as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect this authorization during your Trial period.
You will not receive a notice from us that your promotional pricing (which may be reduced during a Trial period) has ended or that the standard rate portion of your Subscription has begun. To avoid being charged after the expiration of your Trial, you must cancel your Subscription prior to the end of the Trial. After the Trial, we will continue to charge your Payment Method (depending on your Subscription selection) until you cancel your Subscription.
DSC reserves the right, in its sole and absolute discretion, to withdraw or modify any Product, Subscription, Membership, Trial, offering, or promotion at any time without prior notice and with no liability, where it is lawful to do so. Any and all Products, Subscription, Memberships, offers, or promotions advertised on the DSC Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
For additional information on Subscriptions, please review Section 4.1.
3.5 Processing Orders
If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and DSC is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be canceled and we may not be able to process future Restock Boxes until the problem has been resolved.
If you are dissatisfied with one of our Products, we will refund the amount paid for that Product in your most recent shipment received (if you received a discount, promotion or offer, then the amount we will refund is the discounted price) if you provide notice to us as described below. Refund requests must be made directly to us at [email protected] within 30 days of the date of shipment by DSC. If we ask you to do so, you must return the Product(s) in accordance with the instructions which we give you. We are not liable for Products that you return to us that are damaged or lost in transit to Dollar Shave Club, you will bear the cost of returning products, so we advise you to return your Product using a tracked delivery method. Promptly following Dollar Shave Club’s receipt of your request (typically within five (5) business days), or, if applicable, promptly following return of your Product, Dollar Shave Club will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, DSC does not control when a specific credit card or Payment Method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by Dollar Shave Club more than thirty (30) days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use. Finally, we do not provide a refund for returned Product requests that are abusive or unfairly taking advantage of our policy, including but not limited to, repeat refund requests on the same Product or repeat refund requests without return of the applicable Product.
The benefits and limitations set out above are in addition to all other rights and remedies that you have under applicable law and do not limit, exclude or restrict your rights which cannot be limited, excluded or restricted under applicable law. In particular, we are required by law to tell you: Our goods come with guarantees that cannot be excluded under applicable consumer law, being in Australia, the Australian Consumer Laws and, in New Zealand, applicable New Zealand consumer law, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 ("New Zealand Consumer Laws").
If you are based in Australia (a) you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and (b) you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- MEMBERSHIP & SUBSCRIPTION TERMS AND CANCELLATION POLICY
4.1 Subscription; Automatic Renewal
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
When you sign up for a Subscription, you will have the opportunity to choose (a) the Products included in each Restock Box (subject to availability); and (b) the frequency of each delivery/payment under your Subscription, from the options provided at the time you sign up. Your default Restock Box shipping frequency will be selected at the time you sign up until you change it in accordance with these Terms.
DSC will automatically renew your Subscription and charge your Payment Method depending on the Subscription and/or Restock Box shipping frequency chosen by you and unless we or you cancel your Subscription in accordance with these Terms.
Your Payment Method will be charged at least one full business day prior to your next shipping date. We will charge your Payment Method with the applicable recurring cost for your Restock Box, and any Add-On Products, excluding any Products you ‘snooze’ or remove in accordance with these Terms, plus any shipping and handling costs and sales or similar taxes that may be charged with your Membership. You authorize the charges for your Membership and the renewal of your Subscription by agreeing to the automatic renewal of your Subscription and these Terms during the Membership sign-up process.
To avoid being charged for your Subscription, you must cancel your Subscription in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and shipment shipping frequency selected) until you cancel.
4.2 Pausing and Resuming Subscription; Discontinuing Products
Your ability to pause Products
DSC offers its Members the ability to temporarily pause any one or more Products included in their Subscription (“Pause Period”)—you can do this by logging into your account, visiting the ‘My Account’ and ‘My Subscription’ pages, and clicking the ‘Pause Subscription’ link. During the Pause Period, a Member's account will remain active, but they will not receive the Product(s) which they have paused in their next delivery of a Restock Box. During the Pause Period, Members will continue to receive communications from DSC via email, and continue to receive (and be charged for) the delivery of any Restock Boxes (with the exception of the paused Product(s)).
The amount we charge your Payment Method will be reduced, for your next Restock Box, to reflect the fact that we will not be delivering the paused Product(s). If your purchase was entitled to a discount, promotion, or offer, then that discount, promotion, or offer, and any related change in pricing, will be recalculated (if applicable) for your next delivery, excluding the paused Product(s).
Requests to pause a Product must be received at least one full business day prior to your next shipping date to take effect for that delivery. Pause requests received by DSC through other channels (for example, by email to [email protected]) may take up to five (5) business days to process. Otherwise that request will take effect on the following delivery.
Following the delivery for which you paused a Product, the Pause Period will end and the Product which you paused will be included in subsequent deliveries of your Restock Box (unless you pause it again or permanently remove it in accordance with these Terms). You may email any questions about the Pause Period to us at [email protected].
Our right to pause or discontinue Products
From time to time, we may pause a Product included in your Restock Box—for example, if there is no availability of that Product at the time of shipping. We may permanently discontinue Products included in your Membership from time to time. If this applies to you, then we will send you an email, using the email address associated with your Membership. Your Payment Method will not be charged for Products which are not included in your Restock Box, either because we have paused them or because they have been discontinued.
4.3 Membership & Subscription Cancellation or Modifications
Cancellation by Us
We may cancel your Membership at any time if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due. We reserve the right to not ship any Products or shipment to you unless your payment for those Products, or that shipment, has cleared.
We may also cancel your Membership at any time if any of the following conditions are met: (a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your shipping address; (b) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (c) if we suspect, in our sole judgment, that a purchase was fraudulently made or an account was fraudulently set up.
Cancellation or Modification by You
You may cancel or modify your Subscription at any time by logging into your ‘Account’ on the DSC website. For cancellations, click the ‘My Subscriptions’ link, and then click ‘Cancel Membership’. For modifications to your Subscription, click the ‘My Subscriptions’ link and then you may modify the number of items purchased, Subscription frequency, shipment date, you may skip your order until next Subscription cycle date, among other options. You must submit your cancellation or modification request at least one full business day prior to your next shipping date to avoid being charged for that shipment. It may take up to five (5) business days to process cancellation or modification requests submitted through other channels that DSC makes available, such as by email. You may be charged for your next delivery if your cancellation or modification request is not received in time for processing before your next delivery date. If you have any questions or issues, please email us at [email protected].If you cancel or modify your Subscription, you will enjoy your Subscription benefits until the end of the then-current Subscription term for which you have paid. To the maximum extent permitted you will not be eligible for a prorated refund of any portion of the Membership Fees paid for any unused days of the then-current Membership term.
4.4 DSC Referral Program
DSC may offer a referral program (“Referral Program”) that allows Members to earn promotional credits towards a future purchase of Products by referring their friends, family, or other individuals to DSC. For details about our Referral Program, please review our Referral Program Terms and Conditions. DSC reserves the right to terminate the Referral Program at any time for any reason, or disqualify any Member or prospective member at any time from participation in the Referral Program.
5. LIABILITY OF DSC AND ITS LICENSORS AND PARTNERS
To the full extent permissible pursuant to applicable law, the use of the DSC Services, including the Contents, is at your own risk. The Contents in the DSC Services could include technical inaccuracies or typographical errors. DSC may make changes or improvements to the Contents at any time.
TO THE FULL EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CONTENTS AND THE DSC SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DSC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION 5, DSC DOES NOT WARRANT THAT THE DSC SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DSC SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DSC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE DSC SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION 5, YOU (AND NOT DSC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. IF ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND WE ARE ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN OUR LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO, AT OUR OPTION, (A) IN THE CASE OF SERVICES, THE SUPPLYING OF THE DSC SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE DSC SERVICES SUPPLIED AGAIN AND (B) IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
6. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The DSC Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). DSC does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. DSC is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the DSC Services. You agree that DSC shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the DSC Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the DSC Services does not indicate DSC’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the DSC Services, or based on such third-party’s participation or presence on the DSC Services, are solely between you and the third party. DSC makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave the DSC Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold DSC, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Dollar Shave Club Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the DSC Services and/or Contents, or your violation of these Terms. DSC reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defences.
8. MODIFICATION OR SUSPENSION OF THE DSC SERVICES
Without limiting our obligation to supply Products to you that you have paid for in accordance with the terms of this Agreement (or, alternatively (at our discretion), providing you with a refund for any amounts paid for any cancelled order), you agree that DSC may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the DSC Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you. Without limiting Section 4.1, where you have a Membership with us, if you are an Australian or New Zealand user and we reasonably consider that an amendment to these Terms will have a material detrimental effect on your rights and obligations, where reasonably practicable, we will give you prior notice before such amendment becomes effective.
To the fullest extent permissible by applicable law, DSC makes no claims that the Contents are appropriate or may be downloaded outside of Australia or New Zealand. Access to the Contents may not be legal by certain persons or in certain countries. If you access the DSC Services from outside Australia or New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of DSC and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
10. CHOICE OF LAW
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. However, this choice of California law is not intended to exclude the operation of the Australian Consumer Law or any New Zealand Consumer Laws (where it applies in accordance with its terms) or to limit any rights or remedies you have under that legislation.
11. JURISDICTION; CLASS ACTION WAIVER
Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with Dollar Shave Club and affects your rights and, if you are based in the United States, it contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at [email protected] or Dollar Shave Club c/o Unilever, Attn: Customer Service, 219 North Rocks Road, North Rocks, NSW 2151. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 11 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and DSC or DSC’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or DSC may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-minimum-standards/. You and DSC must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) DSC will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, DSC will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Australia: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using arbitration. If the parties elect to use arbitration, disputes shall be referred to the Australian Centre for International Commercial Arbitration and be arbitrated in Australia (using appropriate telephonic communications).
Applicable to New Zealand: After any dispute arises, either party may refer the dispute to be finally resolved by arbitration under the Arbitration Act 1996. The referral to arbitration will be commenced by a party serving written notice on the other party stating in full the subject matter and details of the dispute and requiring the dispute to be referred to an arbitrator to be appointed by agreement between the parties (or, failing agreement within five (5) business days of the date of service of the written notice by the chairperson or other office holder for the time being of the Arbitrators' and Mediators' Institute of New Zealand Inc (AMINZ) or the nominee of such chairperson or other office holder). The decision of the arbitrator shall be final and binding on the parties, and the costs of the arbitrator shall (subject to any award by the arbitrator) be borne equally by the parties to the Dispute.
If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the courts of New Zealand.
12. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION
If you believe any Submission accessible on or from the DSC Services infringes your copyright, you should notify DSC of your infringement claim in accordance with the procedures below:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
- Your name, address, telephone number, and (if available) email address;
- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will process each notice of alleged infringement that Dollar Shave Club receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Dollar Shave Club’s copyright agent at [email protected] (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Attention: Copyright Agent
In an effort to protect the rights of copyright owners, DSC maintains a policy for the termination, in appropriate circumstances, of users of the DSC Services who are repeat infringers.
13. QUESTIONS, COMPLAINTS, CLAIMS
If you have any questions, complaints or claims with respect to the DSC Services, please contact us at:
Dollar Shave Club c/o Unilever
Attn: Customer Service
Address: 219 North Rocks Road, North Rocks, NSW 2151
E-Mail: [email protected]
We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of DSC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.
15. COMPLETE AGREEMENT
However, nothing in these Terms limits any liability either party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law and under the New Zealand Consumer Laws).