| TERMS
AND CONDITIONS
This Agreement shall be construed in all respects in accordance with the laws of the state of Queensland, Australia
applicable to contracts enforceable in that state.
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern the use of any
services provided by Delicate Secrets. As used in this Agreement,
"Delicate Secrets", "The Supplier", "Supplier"
means Delicate Secrets and "Client", “client”,
"You", "you", "Your", "your', "Subscriber", "subscriber" means you. By
providing your Electronic Signature and clicking on the "Click to Continue” button during the Order Process, you acknowledge
that this is your electronic authority to proceed with the purchase and have read and understand this Agreement, and you agree to
the Terms and all policies
posted on this site. As referred to in this Agreement, "Site" refers to a World Wide Web site owned by the Supplier or any
other successor Sites owned or maintained by the Supplier.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When You visit the Supplier or send e-mails to us,
You are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
You by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to
You electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of the Registered
Copyright Owner or its content suppliers and protected by the laws of Australia and international
copyright laws. Where applicable some images are copyright of their respective owners. The compilation of all content on this site is the exclusive
property of DelicateSecrets, with copyright authorship for this collection by
the Supplier, and protected by the laws of Australia and
international copyright laws.
TRADEMARKS
The Supplier's trademarks and trade address may not be used in connection with any product or service that is not
The Supplier's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits
the Supplier. All other trademarks not owned by the Supplier
or its subsidiaries that appear
on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by
the Supplier or its subsidiaries.
LICENSE
The Supplier grants You a single non transferable limited license in
consideration of payment of the ongoing License
Fee to operate Your eShop Program (hereafter
called eShop) via the Administration Control Panel
supplied and not to download (other than
page caching), modify, or copy or use any portion of
it by any other means, except with express written consent of
the Supplier. The eShop or any portion may not be reproduced, duplicated, copied, sold, resold, or otherwise
used for any commercial purpose without express written consent of
the Supplier.
MEMBER 'eSHOP' ACCOUNT
A Member is defined as a person/s or firm that
has purchased a Delicate Secrets eShop (eShop) and whose
account is in 'good standing' as determined by
Delicate Secrets. If You are a Member and use this site,
You are
agree to: maintain the confidentiality of Your account and password;
restrict access to Your computer; accept responsibility for all activities that occur under
Your account;
be solely responsible for the servicing of Your needs.
If You are under 18, You may use our website only with involvement of a parent or guardian.
The Supplier and its associates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel
orders in their sole
discretion. You agree that upon the sending of Your
Welcome letter, You are solely responsible for the
day to day operation of Your
eShop. If You require support with Your eShop You may request same via our Support Ticket,
fees apply as per the rate schedule
for any support,
unless You have a current Maintenance Program.
Your Member eShop Account is transferable, see here
for details. You may use any Supplier You choose to supply
items in Your eShop and are not restricted to
Delicate Secrets being the sole supplier. Additionally,
You may not remove the "Powered By DelicateSecrets.com eCommerce Division" footer text/link unless
You pay
a Link Removal
fee to do so.
DOMAIN NAME(S)
A Domain Name may be requested by You using the Supplier Order Form.
If You request a Domain Name(s) and pay the
Package Rate
You agree that in consideration You will host the web site including all files and folders with The Supplier
or a firm nominated by the Supplier for the period of the Domain
Name Licence. The Supplier will make application for the Domain Name
and the Registrants email address will be the domainnameorpart
thereof@delicatesecrets.com
and The Supplier will be the registered contact for
the Administrative, Billing and Technical issues related to the Licence.
You agree that an
Administration fee applies to modify any Domain Licence
details.
YOUR HOSTING
You agree to host the Domain Name with the Provider
as nominated by the Supplier (SupplyLink.com.au)
for the period of the Domain Name License and
further You also agree to the terms
and conditions at
SupplyLink.com.au.
eSHOP SALE OR TRANSFER
You may sell/transfer Your eShop - see Selling
Your eShop for details.
NON-COMPETITION
You further agree and acknowledge that the content
of the Lingerie & Fashion Website Business is Protected by Copyright and
that You will not use this concept, the
information or data contained in the Lingerie
& Fashion Website Business to either directly or indirectly compete against
the Supplier or the Supplier's Representative
either by
offering and or providing for sale, the original
or derivative of the supplied Lingerie &
Fashion Website Business without the express
written permission of the Copyright Owner, to any individual, firm or
government department or statutory authority for a
period of five (5) years from the date of
purchase. You further agree that if You, in the indisputable
opinion of the supplier, are deemed to have
breached this clause access may immediately be
withdrawn without further notice.
GUARANTEE
The Guarantee period commences on the date of
purchase of the Package and continues for the
period as stated in the advertisement and in
consideration of the Supplier offering the
Guarantee the Client agrees to maintain accurate detailed
daily written records of the operation of the Package including
but not limited to visitors, sales, package
modifications, advertising, marketing, submissions to search
engines and responses and
web stats and if the Guarantee is actioned in
writing by the Client to provide
same to the
Supplier with the action and the Client further agrees that
if the records are not included with the action
the Guarantee is immediately void and further the
Client agrees any refund does not include costs associated with a) the Domain Name b) the
Web
Hosting
c) the Site
Graphics and d) the Site
Setup and any other
goods and or services purchased after the the
initial Package purchase date.
PAYMENT: DIRECT
DEPOSIT
Establishment of this service is dependent upon receipt by the Company of payment
in full of stated charges by Direct Deposit.
PAYMENT: SETUP
AND INSTALLMENTS - eShop Package
The Package amount is calculated as the Setup Fee
plus the total of all Installments. Establishment
of this service is dependent upon receipt by the
Supplier of the Setup Fee. You agree to pay a
Setup plus an ongoing monthly Installment for the
initial period of the Domain License, being a
period of not less than 12 months. Payments are
required by either Direct Deposit, Direct Debit or
Credit Card and may be via an approved 3rd party
processor as determined by the Supplier. Payment
must be made on or prior to the Due Date of each
month, the Due Date being the same day of the
month as the initial Installment. Your account
details with the 3rd party processor must remain
active and current. If an Installment payment
fails Your account is deemed to be Overdue and
Your account may be immediately suspended and
advice issued by email to your registered email
address on file with the Supplier. Overdue Fees
immediately apply. If the Supplier is not advised
within 7 days from the Due Date that the Overdue
Installment has been successfully processed, then
the Package Amount less Installments paid is
immediately due and payable, an Invoice shall
be raised by the Supplier and sent to your
registered email address. If payment in full is
not received within 30 days from the Due Date You
further agree to pay Collections costs
(calculated at a margin rate 25% of the Invoice
amount plus $35 Setup) which shall be added to the
Invoice and deemed as the Final Invoice plus all
reasonable Legal costs associated with the
collection of the Final Invoice Amount.
PAYMENT: ADDITIONAL SERVICES
Payments for Additional Services
are
pre-paid except those as specified as Due Date 7
Days After Invoice.
SERVICE RATES
You acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to
You. You are aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
OVERDUE ACCOUNTS
Accounts that have an outstanding balance after
the Due Date shall be deemed Overdue and are
subject to late
fees and suspension. If payment in full is
not received within 30 days from the Due Date You
further agree to pay all reasonable costs
associated with the collection of the outstanding
amount.
CANCELLATION
Cancellation of any recurring payment must be made by You to the
3rd Party Processor. Upon notification that a Payment has been cancelled we
may immediately delete the Your account from the server. We will not wait until the end of any
billing cycle, and we will not refund any unused portions of any subscription payment.
RISK OF LOSS
All items purchased from the Supplier are made pursuant to a shipment contract. This basically means that the risk of
loss and title for such items pass to You upon dispatch
from the warehouse.
PRODUCT DESCRIPTIONS
The Supplier and its associates attempt to be as accurate as possible. However,
the Supplier does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product
offered by the Supplier itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE SUPPLIER ON AN ":AS IS": AND ":AS AVAILABLE": BASIS.
THE SUPPLIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE OR SUPPLIED BY
THE SUPPLIER. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
THE SUPPLIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SUPPLIER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
THE SUPPLIER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SUPPLIER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
You
agree that the laws of the
State of Queensland, Australia, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that might arise between
You and the Supplier or its
associates.
DISPUTES
Any dispute relating to services or products You purchase through
the Supplier shall be submitted to confidential arbitration in
Beenleigh, Queensland, Australia, except that, to the extent
You have in any manner
violated or threatened to violate the Supplier's
Registered Copyright, The Supplier may seek punitive, injunctive or other appropriate relief in any state or federal court in
Queensland, Australia and You consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the
Industrial Relations Court of Australia. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether
through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern
Your visit to the Supplier. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the
"Contact Us" link in the side menu.
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