Terms Of Use
IMPORTANT NOTICE
ATTENTION: THIS WEBSITE IS BROUGHT TO YOU ("YOU") BY SUGARBABY INTERNATIONAL PTY LTD ("SUGARBABY"). THESE TERMS AND CONDITIONS OF USE APPLY TO THE ENTIRE
CONTENTS OF THIS WEBSITE AND YOUR USE OF IT. PLEASE READ THE FOLLOWING
CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU
ACCEPT THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU
DO NOT ACCEPT THEM, DO NOT USE THIS WEBSITE.
Sugarbaby welcomes Your views about this website, which it operates at
http://www.sugarbaby.com.au ("Website"), and these Terms and Conditions of Use. If
You would like to contact Sugarbaby with any queries or comments please use the
Contact Details page.
1. USE OF WEBSITE & INTELLECTUAL PROPERTY
1.1 Sugarbaby operates this Website to provide information about its business
activities, products and the support it offers for its customers in the United
Kingdom. If You are a consumer, You may also make purchases of Sugarbaby products
on this Website for personal, non-commercial purposes.
1.2 Every time You use this Website You are agreeing to be bound by these Terms
and Conditions of Use and, as applicable, the Terms and Conditions of Sale, the
Order Form, the Order Confirmation, any other applicable legal notices or terms
and conditions which are located on particular pages of this Website and any
other information which Sugarbaby brings to Your attention (the "Agreement").
1.3 You are permitted to download and print content from this Website, for Your
own personal, non-commercial use, provided that:
(a) You do not modify the content on this Website in any way;
(b) You do not use the graphics on this Website separately from any
accompanying text;
(c) You ensure that Sugarbaby’s copyright and trade mark notices appear in all
copies;
(d) You do not incorporate content from this Website in any other work in
whatever form;
(e) You do not reproduce, transmit or store content from this Website in
relation to any other Website or form of electronic retrieval system; and
(f) You do not access content from this Website in such a manner as to make it
appear part of any other Website or electronic database or retrieval system.
1.4 If You have any queries about the commercial use of content from this
Website or You want to make purchases of Sugarbaby products for commercial
purposes, please contact Sugarbaby using the details on the Contact Details page to
discuss Your requirements.
1.5 Any use of the content on this Website other than in accordance with Clause
1.3 above or without Sugarbaby's prior written permission for any purpose is
prohibited. If You breach any of the provisions in the Agreement Your
permission to use this Website automatically terminates and You must
immediately destroy any content from this Website which is in your possession
or control.
1.6 All Intellectual Property Rights (which, includes, without limitation, any
trade mark, patent, registered design, copyright (including, without
limitation, photographs and graphical images), design right, topography right,
database right, application to register any of the aforementioned rights, trade
secret, unpatented know-how and right of confidence and any other intellectual
or industrial property right of any nature whatsoever in any part of the world)
in this Website and the content on it are protected by law.
1.7 Unless otherwise stated, all Intellectual Property Rights in this Website
and its content are owned by Sugarbaby, its affiliated companies or its licensors,
who reserve all their Intellectual Property Rights. "Sugarbaby" is a registered
trade mark.
2. MAKING PURCHASES ON THE WEBSITE
If You make a purchase on this Website, You will be asked to tick a box to
confirm that You have read Sugarbaby's Terms and Conditions of Sale and that You
agree to them. If You agree to the Terms and Conditions of Sale they will be
incorporated into the Agreement together with any applicable Order Form, the
Order Confirmation and any other information which Sugarbaby brings to Your
attention prior to You placing an order.
3. USE OF CONTENT PROVIDED BY USERS
Except for Personal Data (as defined in Clause 8.2), if You transmit any
content to this Website ("User Communications") it shall be deemed
non-confidential and non-proprietary. Sugarbaby shall have no obligations
whatsoever with respect to User Communications. Sugarbaby shall be free to use the
User Communications for any and all commercial or non-commercial purposes.
4. ACCEPTABLE USE POLICY
4.1 You may not use this Website or the content on it for any purpose or in any
way:
• which is unlawful, including, without limitation, for any purpose or in any
way which is defamatory, obscene, seditious, offensive, pornographic, abusive,
profane, sexist, homophobic, deceptive, liable to incite racial hatred,
discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence
or in breach of privacy;
• which Sugarbaby reasonably considers would cause offence, annoyance,
inconvenience or embarrassment to any person; or
• for which You have not obtained all necessary licences and/or approvals or
which is contrary to any applicable law; or
• which constitutes or encourages conduct that Sugarbaby reasonably considers a
criminal offence, give rise to civil liability, or otherwise be contrary to the
law of or infringe the rights of any third party, in the UK, or any part
thereof, or any other country; or
• which is technically harmful (including, without limitation, hackings,
computer viruses, logic bombs, Trojan horses, worms, phishing, spoofing, denial
of service attacks, harmful components, corrupted data or other malicious or
harmful data, program or content); or
• which constitutes an advertisement, survey or contest.
4.2 Sugarbaby shall be entitled to fully co-operate with any law enforcement
authorities or court or other authoritative order or any other request with
which Sugarbaby considers it appropriate to comply requesting or directing Sugarbaby to
disclose the identity of or locate anyone using this Website.
4.3 Sugarbaby expressly reserves the right to terminate the Agreement and to take
any other action it deems appropriate by reason of Your use of this Website in
breach of the Agreement.
4.4 You shall be liable for and shall fully indemnify Sugarbaby and any of its
affiliated companies against any and all claims, actions, liabilities, losses,
damages and expenses (including legal expenses) incurred by Sugarbaby or any of its
affiliated companies which arise out of or in connection with, directly or
indirectly, Your use of or Your linking to this Website in breach of the
Agreement.
5. LINKING
5.1 Any links on this Website to third party websites are provided solely for
Your convenience. If You use these links, You will leave this Website. Sugarbaby
does not control and is not responsible in any way for these websites or their
content or availability. Sugarbaby does not endorse or make any representations
about them or their content. You use third party websites entirely at Your own
risk.
5.2 If You would like to link another website to this Website, You may only do
so if You obtain Sugarbaby's prior permission in writing and, in any event, any
link shall only be to the home page of this Website.
5.3 Sugarbaby reserves the right to revoke any permission granted to link to this
Website and to remove any link from this Website for any reason and at any time
without notice.
6. DISCLAIMER
6.1 While Sugarbaby endeavours to ensure that this Website is available at all
times, Sugarbaby shall not be liable if, for any reason, this Website is
unavailable at any time or for any period. Sugarbaby may suspend access to this
Website without notice.
6.2 Sugarbaby may make changes to the content on this Website at any time without
notice.
6.3 While Sugarbaby endeavours to ensure that content on this Website is correct
and up to date, Sugarbaby does not warrant the accuracy and completeness of any
information posted on this Website and makes no commitment to update any
content which may be out of date.
6.4 Sugarbaby does not warrant or represent that this Website is free of viruses or
any other technically harmful content, or defamatory, offensive or other
harmful content. Sugarbaby provides this Website 'as is', without any conditions or
warranties. Accordingly, to the maximum extent permitted by law, Sugarbaby provides
You with this Website on the basis that Sugarbaby excludes all representations
(except fraudulent representations), warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which,
but for these Terms and Conditions of Use, might have effect in relation to
this Website.
6.5 Sugarbaby makes no representation that content on this Website is appropriate
or available for use outside the United Kingdom. Access to this Website from
territories where the content on this Website is illegal is prohibited.
7. LIABILITY
7.1 If You use this Website to purchase goods, the maximum aggregate liability
under the Agreement of Sugarbaby, any other party (whether or not involved in
creating, producing, maintaining or delivering this Website), and any of
Sugarbaby’s affiliated companies and the officers, directors, employees,
shareholders or agents of any of them, is as set out in Clause 9.2 of Sugarbaby's
Terms and Conditions of Sale.
7.2 In respect of all other uses of this Website, Sugarbaby, any other party
(whether or not involved in creating, producing, maintaining or delivering this
Website), and any of Sugarbaby’s affiliated companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability for any
amount or kind of loss or damage that may result to You or a third party
(including, without limitation, loss of income, loss of actual or anticipated
profits, loss of business, loss of contracts, loss of goodwill or reputation,
loss of anticipated savings, loss of, damage to or corruption of data, or for
any indirect or consequential loss or damage of any kind, in each case
howsoever arising, whether such loss or damage was foreseeable or in the
contemplation of the parties and whether arising in or for breach of contract,
tort (including negligence), breach of statutory duty, indemnity or otherwise)
in connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites linked to
this Website or the content contained on any or all such websites, including
but not limited to loss or damage due to viruses that may infect Your computer
equipment, software, data or other property on account of Your access to, use
of, or browsing this Website or Your downloading of any content from this
Website or any websites linked to this Website.
7.3 Nothing in the Agreement shall exclude or limit Sugarbaby’s liability for death
or personal injury caused by its negligence (as defined in s.1 Unfair Contract
Terms Act 1977), fraud, breach of terms regarding title implied by s.12 Sale of
Goods Act 1979, or any liability to the extent the same may not be excluded or
limited as a matter of law.
8. PRIVACY POLICY
8.1 Sugarbaby is committed to ensuring that Your privacy is protected. This Privacy
Policy explains how Sugarbaby uses the information it collects about You.
8.2 When You visit this Website You may be asked to provide information about
Yourself such as Your name, domain name, postal address, e-mail address,
telephone or mobile number, and credit card details ("Personal Data"). You may
be asked to provide such Personal Data for a number of purposes including
ordering, Website registration, promotions, competitions and product
preferences.
Sugarbaby may also use aggregate information and statistics for the purposes of
monitoring Website usage in order to help it develop this Website and its
products and services ("Aggregate Data")..
8.2 How Sugarbaby protects Your information
The internet is not a secure medium. However, Sugarbaby has put in place various
security procedures to protect Your Personal Data. Sugarbaby's internal procedures
cover the storage, access and disclosure of Your Personal Data.
8.3 Updating Your details
If any of the Personal Data that You have provided to Sugarbaby changes, please let
Sugarbaby know the correct details by contacting Sugarbaby using the
details on the Contact Details page of this Website.
8.4 Your consent
By providing Your Personal Data, You consent to the use of Your Personal Data
as set out in this Privacy Policy. If Sugarbaby changes this Privacy Policy it will
post the changes on this Website, and continued use of this Website will
signify that You agree to any such changes.
Owing to the global nature of the internet infrastructure, the Personal Data
You provide may be transferred to countries outside the European Economic Area
that do not have similar protections in place regarding Your Personal Data and
its use as set out in this Privacy Policy. By submitting Your Personal Data You
consent to these transfers.
8.5 Cookies
By accessing this Website, You accept and agree that Sugarbaby, its affiliated
companies or its service providers may send cookies (small pieces of data
placed on Your hard disk drive when You access a website or a certain part of a
website) to Your computer or other access device in order to personalise Your
visit to this Website and/or to learn more about Your use or browsing habits
while visiting this Website. The cookie may be a persistent or single session
cookie.
9. GENERAL
9.1 No content provided on this Website about any products shall constitute an
offer to sell any such products.
9.2 Sugarbaby may revise these Terms and Conditions of Use at any time. If Sugarbaby
does so, it will post a notice on this Website. You should check this Website
from time to time to review the then-current Terms and Conditions of Use.
Certain provisions of these Terms and Conditions of Use may be superseded by
expressly designated legal notices or terms and conditions located on
particular pages of this Website.
9.3 The Agreement constitutes the entire agreement between You and Sugarbaby with
regard to Your use of this Website and any other written or oral agreements or
understandings previously existing between You and Sugarbaby with respect to such
use are hereby superseded and cancelled.
9.4 If any provision of these Terms and Conditions of Use are found by any
court or administrative body of competent jurisdiction to be invalid or
unenforceable, such invalidity or unenforceability shall not affect the other
provisions of these Terms and Conditions of Use which shall remain in full
force and effect.
9.5 Sugarbaby’s failure to insist on or enforce strict performance of any of these
Terms and Conditions of Use shall not be construed as a waiver by Sugarbaby of any
provision or any right it has to enforce these Terms and Conditions of Use, nor
shall any course of conduct between Sugarbaby and You or any other party be deemed
to modify any provision of these Terms and Conditions of Use.