Sexy.ie Terms and Conditions
Thank you for selecting www.sexy.ie (referred to as “Site”, “Sexy.ie”, “Sexy”, “we”, “our”, or “us”). Please read these Terms and Conditions (“Terms”) carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”).
2. USE CONSTITUTES ACCEPTANCE
By accessing the Site or using any of our services you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.
4. PROTECTION OF MINORS
You must be 18 years or older to use the Site or any Service. If you are not 18 years or older you are prohibited from using the Site and should leave the Site now.
5. YOU ARE RESPONSIBLE FOR YOUR SAFETY AND HEALTH
The information, products and services provided through Sexy.ie are NOT intended for use without appropriate health and safety knowledge on your part. While we may occasionally provide suggestions for how to use our products more safely, it is your responsibility to ensure appropriate use. None of the information provided by Sexy.ie is intended to replace consultation with a lawyer or with a physician, mental health professional or other health care provider.
6. NO DUTY TO MONITOR
You agree that we are not liable for content that is provided by others. We have no duty to screen content supplied by users, but we have the right to refuse to post submitted content. We reserve the right to remove any content for any reason at any time.
7. CHANGES TO SEXY.ie
We may discontinue or change any Sexy.ie content, service, function or feature at any time with or without notice.
If you wish to register with the Site you will need a username. You can select any username you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of Site. Sexy.ie reserves the right to reject or remove any username.
9. THIRD PARTIES AND EXTERNAL LINKS
9.1 Third Party Suppliers: You agree that your dealings with third party suppliers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party supplier, and you agree not to hold Sexy.ie liable for any disputes you may have with such third party supplier.
9.2 Links: This Site provides, and third parties may provide, links to other websites or resources. As we have no control over such websites and resources you agree that links to third party websites are provided solely for your convenience and we are not responsible for the availability of such external sites or resources and are not liable for the content found at such websites or resources. If you decide to access any third party websites linked to this Site you do so entirely at your own risk.
11. OWNERSHIP AND INTELLECTUAL PROPERTY
11.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us, or us to you, as a result of this Agreement. The content of the Site is protected by copyright, trade-marks, database and other intellectual property rights. You may retrieve and display the content of the Site, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from Sexy.ie.
11.2 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to text, images, documents, comments, graphics, audio material, video material, audio-visual material and files) that you submit to us or the Site for publication on the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
reproduce, store and publish your content on and in relation to our Site and Services and any successor websites or services;
publish your content on and in relation to our Site and Services.
You may edit your content to the extent permitted using the editing functionality made available by us. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.
11.3 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services.
You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Sexy.ie that will be liable.
11.4 Copyright Infringing Content: A portion of the Site’s content is contributed by our users and is known as User Generated Content (UGC). We do not check UGC for violations of copyright, trademarks or other rights but the Site is protected by international safe-harbor provisions for online service providers and follows international best practice such as the principles of the EU Directive on Electronic Commerce and the US Digital Millennium Copyright Act (DMCA).
We will act expeditiously to remove content as soon as we have we have actual knowledge that it infringes copyright. If you believe there is copyright infringing material on the Site, please contact us via the Contact section of the Site at /www.sexy.ie/customer-support/ with the following information:
- The name and address of the complaining party
- A description of the infringing materials and their Internet location, usually the URL
- Sufficient information to identify the copyrighted works
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of
- A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.
12. LICENSE TO USE OUR SERVICES
You agree that we have no responsibility or liability for the deletion, corruption or failure to store any content maintained or transmitted on or by the Site.
You acknowledge that the features and services provided by us may change at any time without prior notice to you.
You acknowledge that we reserve the right to sign out, terminate or delete your membership at any time and for any reason at our sole discretion.
Except as expressly permitted by these Terms, you must not edit or otherwise modify any material on the Site.
We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.
13. ACCEPTABLE USE OF OUR SERVICES
You must not:
- Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
- Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
- Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
- Access or otherwise interact with our Site or Services using any robot, spider or other automated means
- Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.
14. PERSONAL INFORMATION AND PRIVACY
15. YOUR CONTENTS
15.1 Your Content: You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the content you provide to us in any way.
15.2 Use of Your Feedback: You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Site or Services, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Sexy.ie in any way.
15.3 Prohibited Content: You may not use the Site or Services for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, or otherwise objectionable material.
- Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any laws concerning the use of public telecommunications networks.
- Interfering or disrupting networks or websites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.
15.4 Right to Remove: We reserve the right to refuse to post material on our Site or to remove material already posted on the Site.
16. PURCHASES, DELIVERIES, REFUNDS AND RETURNS
16.1 Deliveries: Orders are shipped and delivered Monday through Friday (excluding holidays). Sexy.ie ships your orders to you via Courier or An Post, depending on where stock is being despatched from. All orders are registered and require signature as proof of delivery. Please note we will process and ship your order within five (5) business days, usually sooner, but we do not ship on weekends or holidays so this may have an impact on your delivery date.
16.2 Returns for Defective Products Only: We do not give satisfaction returns. Products purchased from Sexy.ie can only be returned if the product is defective. Defective products will be exchanged for the same item only within ten (10) days of purchase and must be accompanied by the sales receipt.
16.3 Non-Returnable Products: We cannot process any returns that are dirty, badly broken, or tampered with for obvious health, safety and sanitary reasons. WE DO NOT ACCEPT ANY RETURNS ON THE FOLLOWING ITEMS: Lingerie / Costumes / Any used products. Only unused or defective products in their original packaging can be returned.
16.4 Returns Must Be Authorised: All returns must be pre-approved and authorised. Please contact us at www.sexy.ie/customer-support/ and obtain a Return Authorisation BEFORE returning any product.
16.5 Returns Information: If you have any product issues and would like have a chat or if you have received a defective product, please contact us at www.sexy.ie/customer-support/ within ten (10) days from purchase so we can make sure you have a proper working product.
17. WARRANTIES AND DISCLAIMERS
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some jurisdictions do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
18. LIMITATIONS OF LIABILITY
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.
19. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us that:
- This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
- You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
- All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.
You agree to indemnify and hold harmless Sexy.ie and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement, your violation of any law or third party right, any claim that use of our services has harmed a third party, your use of the Site, the Services or your data. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. Sexy.ie reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any claims. You agree to reasonably cooperate as requested by Sexy.ie in the defence of any claims.
Sexy.ie reserves the right, in our absolute discretion, to terminate your access to all or part of the Site or Services without notice. Upon such termination or suspension you will be denied access to any information or files you have stored on the Site.
22. JURISDICTION LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
23. INTERNATIONAL USE
We make no representation that content on this Site is appropriate or available for use in locations outside Ireland. If you choose to access this Site from a location outside Ireland, you do so on your own initiative and you are responsible for compliance with local laws.
24. GENERAL PROVISIONS
24.3 Relationship of Parties: Parties are independent contractors and neither Party’s employees will be considered employees of the other Party for any purpose. This Agreement does not create a joint venture or partnership, and neither Party has the authority to bind the other to any third party.
24.4 Assignment: You may not assign your rights or obligations under this Agreement to any party, and any attempt to do so will be void and without effect. We are free to assign this Agreement.
24.5 Amendment: You may not amend or waive any provision of this Agreement unless in writing and signed by both Parties.
24.6 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.
24.7 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to these terms by email, paper mail, publication on our Site, by SMS, or in any other way recognised by law. You may contact us at www.sexy.ie/customer-support/.
24.8 Waiver: Our failure to exercise or enforce any right or provision of these terms is not a waiver of such right or provision.
24.9 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and these terms otherwise remain in full force and effect.
24.10 Subcontracting and Outsourcing: We will solely determine how to operate our systems and provide Services. We may subcontract or outsource any function as we see fit.
24.11 Compliance with Laws: In using the Services, you must comply with all applicable laws and regulations and, without limitation you must not use Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.
24.12 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.
LAST UPDATE TO THE TERMS AND CONDITIONS: 7th March 2015