Welcome to bedaring.com.au (also referred to in the agreement as Be Daring, BE DARING, Be Daring and “The Site”) Be Daring provide website features to you (User) subject to the following Terms and Conditions. You agree that your use of this website confirms that you have read and you accept the Terms and Conditions of Use. Your use of bedaring.com.au and or any Content constitutes your binding acceptance of these Terms and Conditions, including any published changes or modifications made by Be Daring. If at any time the Terms and Conditions of this agreement are no longer acceptable to you, you should immediately cease use of The Site. If you visit or shop at Be Daring you accept these Terms and Conditions. Please read them carefully.
MODIFICATION:
Be Daring reserves the right to change or modify The Site, policies, and these Conditions of Use at any time, effective immediately upon publication on this site.
SITE POLICIES:
Please review our other policies, posted on this site and located in the About Us, Services, General and Help indexes. These policies also govern your visit to Be Daring.
PRIVACY:
Be Daring considers your use of the site to be private. However, we may access or disclose information about you, your account and / or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Be Daring, its employees, its customers or the public. You consent to the access and disclosures outlined in this section. We may use technology or other means to protect Be Daring, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. Please review our Privacy Policy, which also governs your visit to bedaring.com.au, to understand our practices see Are my details kept private and confidential?
AGE OF USERS:
This site is designed and intended for ADULTS. Be Daring does not intend the site to be used for purchasing or even viewing by individuals under the age of eighteen (18) years of age. You understand that it may include graphic visual depictions and descriptions of (a) an explicit sexual nature and (b) smoking products. If you are under the age of eighteen (18) years or believe that you may offended you MUST exit the site now. Your continued use of the site indicates that you agree that:
As at this moment, you are an adult, at least eighteen (18) years of age.
You are familiar with the standards in your community regarding the acceptance of sexually oriented material. The material that you expect to encounter on this site is within those standards and you do not expect to be offended.
You agree that you do not find sexually explicit material (involving consenting adults over the age of 18) to be offensive or objectionable
You will not redistribute Content to anyone, nor will you permit any person(s) under eighteen 18 years of age, or any individual who would find this offensive, to view this material or to have access to any of the material contained within this site.
When you visit bedaring.com.au 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
Be Daring and BE DARING are trademarks owned by Be Daring. 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 Be Daring or its content suppliers and is protected by Australian and international trademark and copyright laws. The compilation of all content on this site is the exclusive property of Be Daring and is protected by Australian and international trademark and copyright laws. All software used on this site is the property of Be Daring or its software suppliers and protected by Australian and international copyright laws.
LICENSE AND SITE ACCESS
Be Daring grants you a limited nonexclusive, revocable license to access and make personal non-commercial use (unless the user has an authorised business relationship with Be Daring) of this site. Be Daring further grants you a limited, nonexclusive and revocable right to create a hyperlink to any Be Daring page so long as the link does not portray Be Daring, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
Restrictions: The foregoing licenses do not include any rights to reproduce, re-transmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate content to anyone without the express prior written consent of Be Daring. You may use content for your personal use, but copying and distributing content to third parties from Be Daring is forbidden. You are prohibited to:
modify, download (other than page caching), reproduce, copy, or resell, The Site, the content or any portion or derivative thereof;
commercially use The Site, the content or any portion derivative thereof (unless you have an authorised business relationship with Be Daring);
copy or download any User's account information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to Be Daring or its systems;
any downloading or copying of account information for the benefit of another merchant; or use any robot, spider, data miner, scraper or other similar data gathering and extraction tools or automated means to access Be Daring or its systems for any purpose without express written consent of Be Daring
interfere or attempt to interfere with the proper working of Be Daring;
bypass any measures used to prevent or restrict access to any portion of Be Daring;
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Be Daring (unless you have an authorised business relationship with Be Daring)
use Be Daring domain names, trademarks, services marks or logos in any meta tags or any other "hidden text" or
use Be Daring for the purpose of posting on or transmitting through Be Daring any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law; or
Any other unlawful purposes.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Be Daring reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
The risk of loss and title for goods purchased from Be Daring pass to you upon our delivery to you by the carrier.
RETURNS, REFUNDS AND TITLE
Be Daring does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Be Daring does not take title to the refunded item. For more information about our returns and refunds, please see our Can I return or exchange items?
PRODUCT DESCRIPTIONS
Be Daring attempts to be as accurate as possible. However, Be Daring does not warrant that product descriptions or other content of The Site is accurate, complete, reliable, current, or error-free. If a product offered by Be Daring itself is not as described, your sole remedy is to return it in unused condition for refund or exchange. See Can I return or exchange items?
Age of models: All models and actors depicted in products and visuals on this website were over the age of eighteen (18) years at the time of creation of said depictions.
PRICING
Instore and Webstore Prices:
Despite our best efforts, a small number of the items in our catalogue may be occasionally mis-priced. If an item's correct price is higher than our stated price, we will, at our discretion, either; (a) ship to you and accept the loss, or (b) contact you for instructions before shipping or (c) remove the item from sale, cancel your order, refund you in full and notify you of such cancellation.
If an item’s price is lower than our stated price we will upon discovery or notification by you in writing, refund you the difference.
Prices: The price for an item on Be Daring may differ from the price shown in your shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. In such rare circumstances you will be charged the price indicated in your shopping cart.
OTHER BUSINESSES
We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Be Daring does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Be Daring ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Be Daring MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Be Daring DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Be Daring WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN 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. UNDER NO CIRCUMSTANCES SHALL Be Daring BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BE DARING’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. Be Daring WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THERE FROM, EVEN IF Be Daring HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TERMINATION OF USAGE
.Be Daring reserves the right, in its sole discretion, to restrict, suspend or terminate your access to Be Daring at any time for any reason without prior notice or liability. Be Daring may change, suspend, or discontinue any Content without prior notice or liability. Be Daring reserves the right to refuse service to anyone.
APPLICABLE LAW
You agree that Queensland Australia Laws will govern this Agreement and any cases arising from the use of the site or breach of this agreement shall be heard in Queensland Australia.
WAIVERS
A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement between you and Be Daring. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by Be Daring will not be binding on Be Daring. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.
SEVERABILITY
If any provision of this Agreement is held invalid void or for any reason unenforceable, that determination will not affect:
The provision's application in other circumstances;
Other provisions in this Agreement; or
This Agreement's validity or enforceability as a whole.
HEADINGS
The use of headings is for convenience and will not affect the interpretation of this Agreement.
