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Terms and Conditions

Vibrators For Sale – Terms and Conditions

These Terms and Conditions govern the use of www.vibratorsforsale.com.au (“the website”) whether as a listed directory customer (LDC) or casual browser collectively referred to herein as “you”. The website is owned and managed by Bodcity Pty Ltd (ACN 168 758 263) trading as Vibrators for Sale and herein after referred to as “VFS”. 

 

  1. Acknowledgment and Acceptance of Terms and Conditions

Please note that by accessing, using or browsing this website and/or any products or services offered by the website you agree to be bound by its terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”) VFS reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions. 

 

  1. Access

By accessing the website, you certify that: 

  • You are 18 years of age, or otherwise have attained the age of majority in your state, province or country.
  • You know and understand that the materials and content presented at the website are for the promotion of services and/or products for sexual use and are of a sexually explicit nature; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these terms and conditions you are warranting to VFSthat you are intentionally and knowingly seeking access to such services and/or products or otherwise are advertising such services;
  • You will not copy or distribute any part of the website without the express written permission of VFS. 

 

  1. Intellectual Property Rights

The website, except all user submissions (as defined below), including without limitation, all content, media and materials, all VFS software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed by VFS and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. Our Content is legally protected, without limitation, under Australian law, as well as applicable foreign laws, regulations and treaties. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners. 

 

  1. Listed Directory Customers

A. We allow customers to list their services and/or products on the VFS directory (“Submissions”) and these customers are known as Listed Directory Customers (“LDC”). LDC’s are solely responsible for their own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that: 

  • You have the written consent, release and/or permission of each and every identifiable person in the Submission to use the name or likeness of each individual for use in your Submissions in the manner contemplated by these terms of service;
  • Your submission is compliant with all governing laws in the State of Victoria, Australia, and the laws in the location where services and/or products are offered.
  • You retain all of your ownership rights in your Submissions. However, by submitting the material to VFS, you grant a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, modify, adapt, transmit, translate, distribute, prepare derivative works of, publicly display, and publicly perform the Submission in connection with the website and business; and
  • The posting of your Submission on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
  •  

B. Content on the website is provided to you AS IS for your information only. You further agree that you will not: 

  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant VFS all of the license rights granted herein.
  • Publish falsehoods or misrepresentations that could damage VFS or any third party.
  • Submit material that is unlawful, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
  • To solicit, for commercial purposes, any users of the Website with respect to their Submissions for any purpose other than those advertised by the LDC.
  • Impersonate another person.

 
C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. VFS does not permit copyright infringing activities or infringement of intellectual property rights on its website, and will promptly and without prior notice remove all content and user Submissions if properly notified of infringements on third party’s intellectual property rights. Repeat infringers will have their user access to the Website terminated. 

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that VFS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VFS with respect thereto, and agree to indemnify and hold VFS and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website. 

 

  1. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VFS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VFS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: 

  • ERRORS, MISTAKES OR INACCURACIES OF CONTENT.
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VFS WEBSITE.
  • ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
    VFS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A LDC THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VFS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR BETWEEN YOU AND ANY LDC. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

  1. Limitation of Liability

IN NO EVENT SHALL VFS, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: 

  • ERRORS, MISTAKES OR INACCURACIES OF CONTENT.
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VFS WEBSITE.
  • ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE.
  • ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VFS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT VFS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Any liability of VFS or VFS’s Associates in connection with services or products supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of VFS be limited to the supplying of the listing services again. 

Conclusion of transactions and availability

A transaction of products and/services will only be deemed concluded once a valid payment has been made and VFS receives proof of payment for selected products and/or services. 

All transactions regarding products and/or services are subject to availability and VFS will not be held liable for unavailability of products and/or services at such time when you are attempting to purchase such product and/or services. 

Products and/services placed in a wishlist and/or basket are not considered ordered by you until such time as the payment cycle has been completed and you received confirmation of such payment by email from VFS. 

Delivery

VFS requires a signature upon delivery. Should you not be available, the Postal service will leave a collection card for you to collect and sign for your package at your nearest Postal service. 

Returns

For hygienic reasons, VFS cannot accept any returns of products 

However, products that are faulty must be returned to VFS within 30 days of delivery with the original packaging and all extra parts included in the original package. VFS will replace the faulty product or, should the product be unavailable, refund you of the original purchase price. 

 

  1. Applicable Laws

These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts. 

 

  1. Notices

All communications with VFS should be directed to admin@vibratorsforsale.com.au 

 

  1. Privacy Policy

VFS would like to assure you that we take your information and privacy very seriously. Please read our privacy policy for more information. Our privacy policy constitutes part of these Terms and Conditions. 

 

  1. Release and Indeminity

You agree to waive any and all claims that you now have or may have in the future against VFS and VFS’s Associates which relate to or are incidental to any transaction. You agree to indemnify and hold VFS harmless from and against any and all claims, loss or expense that may be incurred by VFS or VFS’s Associates which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold VFS and VFS’s Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity. 

Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website. Should any of the terms or conditions in this document be unclear, it is your responsibility to ensure that you obtain an understanding of the particular clause in question before concluding a transaction.