TERMS & CONDITIONS
1. TERMS AND CONDITIONS
Welcome to Dirty Secrets Boutique, a place for
you and your friends to shop, sell and swap! These terms and conditions are
intended to help keep Dirty Secrets Boutique a safe place to interact.
1.1 Acceptance of terms and conditions:
The terms and conditions are the terms on which Dirty Secrets Boutique offers
you access to the Services and the Website. By registering as a member of Dirty
Secrets you accept these terms and conditions. If you do not accept these terms
and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions:
These terms and conditions may be amended in whole or in part by Dirty Secrets
from time to time. Amendments will be effective immediately upon posting of the
amended terms and conditions on this Website. You are responsible for ensuring
you are familiar with the latest terms and conditions. Your continued use of
the Services represents your agreement to be bound by the terms and conditions as
amended.
2. SPECIFIC WARNINGS
2.1 The services: Dirty Secrets Boutique
provides a venue to introduce members who want to buy and sell items. Dirty
Secrets Boutique does not take any part in the sale of items other than by
providing our Website as a venue for members. If a seller accepts a sale, a
contract of sale will be formed between the buyer and the seller directly. We
do not act as agent for either party and do not participate in any sale or
transaction between you and other members, including where you use the credit
card or PayPal service. If you use the credit card service, we simply pass on
payments made by one member to another. As a result, even though some of the
services are being referred to as an auction, Dirty Secrets Boutique is not an
auctioneer (whether under the Auctioneers Act 1928 or otherwise.
2.2 At your own risk: Transactions and
all other contact between you and other members are conducted entirely at your
own risk. You agree that Dirty Secrets Boutique takes no responsibility or
liability for any misconduct of any of its members including, without
limitation, members that have registered under false pretenses or who attempt
to defraud you. Dirty Secrets Boutique gives no undertakings, representations,
or warranties in relation to items sold or listed on the Website, or Member
Services advertised or offered through the Services Category including:
a.
About ownership of any
item;
b.
As to the content, safety,
description, worthiness, quality, or legality of the items or
Member Services that are listed on the Website;
c.
As to the accuracy or
truth of listings;
d.
That any item, or Member
Service listed in the Services Category, will meet your requirements or
expectations; or
e.
About the ability of
members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand
and agree that:
a. Your use of the Services is at your sole risk. The Website and
services are provided on an "as is" and "as available"
basis. To the maximum extent permitted by law and without limiting clause 2.2, Dirty
Secrets Boutique disclaims and excludes all implied conditions or warranties,
including, but not limited to, any warranties of merchantability, fitness for a
particular purpose, and non-infringement;
b. Dirty Secrets Boutique disclaims and excludes liability for any
guarantees that a Member Service will be carried out with reasonable care and
skill, fitness for a particular purpose, time of completion or price for the
provision of a Member Service;
c. Dirty Secrets Boutique does not warrant that i)
the services provided will be uninterrupted, timely, secure, or error free, or
ii) that any information (including feedback) provided on the Website is
error-free or reliable;
d. No advice or information that is obtained by you from Dirty
Secrets Boutique or anyone else shall create any warranty by Dirty Secrets
Boutique that is not expressly stated in the terms and conditions; and
responsibility
for the content of advertisements appearing on this Website (including
hyperlinks to advertisers' own websites) rests solely with the advertisers. The
placement of such advertisements on the Website does not constitute Dirty
Secrets Boutique’s recommendation or endorsement of the advertised product or
service. Each advertiser is solely responsible for any representation made in
connection with its advertisement.
e. While Dirty Secrets Boutique may facilitate payment for some
items by credit card, or PayPal, Dirty Secrets Boutique is in no way involved
in the transaction itself, and responsibility for any refund rests with the
seller.
f.
While Dirty Secrets
Boutique has systems in place to reduce the risk of credit card fraud, Dirty
Secrets Boutique is not responsible for protecting members from credit card
fraud. Dirty Secrets Boutique ‘s fraud protection systems may from time to time
block legitimate credit card payments. In these cases payment will need to be
made by other means.
2.4 Liability: You agree that, to the
maximum extent permitted by law, any and all liability and responsibility of Dirty
Secrets Boutique to you or any other person under or in connection with these
terms and conditions, or in connection with the services, this Website, another
Member's acts or omissions, or your use of or inability to use, the services or
this Website, is excluded regardless of whether such liability arises in
contract, tort (including negligence), equity, breach of statutory duty or
otherwise. Dirty Secrets Boutique’s liability and responsibility is excluded in
respect of any and all loss or damage, whether direct or indirect, including,
without limitation, loss of profits, loss of data, loss of business or
anticipated savings, general and special damages, and consequential and
incidental loss.
2.5 Indemnity: You agree to release,
indemnify and keep indemnified us from and against all actions, claims, costs
(including legal costs and expenses), losses, proceedings, damages,
liabilities, or demands suffered or incurred by us to any person arising out of
or in connection with your failure to comply with these terms and conditions,
your failure to complete a transaction, your use of Dirty Secrets Boutique’s message
boards, your sale or attempted sale of an item prohibited under clause 4.2(e),
or arising out of any content or item you submit, post, transmit, or make
available through the Services.
2.6 Breach: Without limiting
any other rights and remedies available to Dirty Secrets Boutique, Dirty
Secrets Boutique may limit your activities on the Website, remove your offers
or listings, warn other members of your actions, issue a warning to you,
suspend or terminate your membership, or refuse to provide our Services to you
if you breach these terms and conditions or where Dirty Secrets Boutique considers
it appropriate.
Refunds will not be given if time in forfeited
due to insubordination.
2.7 Additional rules: In addition to the
terms and conditions set out in this document, the Banned & Restricted
Items, Community Guidelines, and Frequently Asked Questions part of these terms
and conditions
f.
BECOMING A MEMBER
3.1 Becoming
a Member: Becoming a member is free. You may register as a member using
your Facebook login information or by forming an account with your email
address. By registering as a member, you warrant that you can form a legally
binding contract.
3.2 Accurate Information:
You warrant that you have provided complete, accurate and current personal
information when registering as a member. You must maintain and update your
personal information held by Dirty Secrets Boutique to ensure it is kept
current at all times. Dirty Secrets Boutique may phone or mail you to verify
these details. You must not register as a member under multiple identities or
personas (whether false or not). However, at Dirty Secrets Boutique’s discretion,
you may create a business membership in addition to your personal membership.
3.3 Termination of membership: Dirty
Secrets Boutique reserves the right to decline to register or to terminate your
membership without entering into further discussions with you. Without limiting
the foregoing, Dirty Secrets Boutique may terminate your membership if a
serious complaint or multiple complaints are received about you from other
members, if you breach these terms and conditions, if you impersonate another
member, or if we, at our sole discretion, deem your behavior to be
unacceptable. Members who have registered under multiple aliases will have all
of their aliases disabled.
3.4 Security of your login
information: You are responsible for keeping your login information,
including your email address and password, secret and secure. Without limiting
the foregoing, you agree:
A.
Not to permit any other
person to use your user name or membership; and
B.
Not to disclose, or
provide to any other person, your password, email address, date of birth or any
other information in connection with your membership that may allow them to
gain access to your membership.
3.5 Emails and newsletters: Dirty
Secrets Boutique will send you emails relating to your membership, transactions
and other activities on the Website, and for promoting and marketing other Dirty
Secrets Boutique products and services to you. Dirty Secrets Boutique may also
send regular electronic newsletters to members. Newsletters will contain clear
and obvious instructions for how you can unsubscribe from the mailing list.
3.6 API: Dirty Secrets Boutique provides an API to help
developers build cool applications for our members to use. As a result,
publicly available information you share on Dirty Secrets Boutique may be
accessed by applications through the API. Other information you share on Dirty
Secrets Boutique can also be accessed by applications through the API, provided you've given your permission. Information that you share with another member via Dirty Secrets
Boutique may also be accessed by the other member through applications using
the API with their permission. Your login details will never be shared.
Developers need to comply with Dirty Secrets Boutique’s API terms and
conditions, and Privacy Policy.
g.
GENERAL RULES
4.1 General
a. All listings, purchases, offers and trades, or communications
made through Dirty Secrets Boutique shall be made in good faith.
b. You must not damage, interfere with or harm the Website or
Services, or any network, or system underlying or connected to them, or attempt
to do so.
c. You may not use a robot, spider,
scraper or other unauthorized automated means to access the Website or
information featured on it for any purpose.
d. List your email address, phone number or any other contact
detail within the description of listings, listing comments and/or questions,
in your member profile, or in the Dirty Secrets Boutique message boards at your
own risk.
e. You must offer your listings in US Dollars.
f.
You must not complete a
transaction outside of the Dirty Secrets Boutique process or otherwise seek to
avoid Dirty Secrets Boutique’s process fees. Attempts by you to avoid fees,
including through multiple memberships, premature auction withdrawal, or
otherwise, may result in Dirty Secrets Boutique suspending or terminating your
membership at the discretion of Dirty Secrets Boutique.
g. Contracts for the sale of land must be in writing to be legally
enforceable.
h. You must not use the Services or the Website to promote items
for sale outside the Services.
i.
You are responsible for
any actions taken through your membership. Dirty Secrets Boutique memberships are
not transferable and therefore cannot be sold, leased, lent or traded.
4.2Your obligations as a seller
a.
You will only enter
listings that are accurate, current, complete, and include all relevant
information about the terms of sale, payment terms, as well as stating that
items come from a smoker’s house. You must list an item in one category only,
which must be the most appropriate category for your item.
b.
You will only place
listings for items that exist, are to be sold, and
that you are legally entitled to sell. You will only list items that are
in your possession, except where Dirty Secrets Boutique has approved otherwise
in writing. In the case of motor vehicles, you must have a clear authority to
sell such vehicles before being able to list them. Vehicles must be in your
immediate procession and contain a clear title, unless otherwise stated.
c.
You must not list anything
that is illegal, offensive (including anything of a defamatory, pornographic,
or racially or ethnically objectionable nature), stolen, or unsafe, anything
which infringes copyright or other intellectual property rights, items which
have been illegally imported or which would require illegal import or export in
order to complete the transaction, or any item of which the sale is prohibited
by, or violates any, law. You are responsible for ensuring that any listing by
you does not breach this clause 4.2(e). You agree that Dirty Secrets Boutique
may disclose your personal information, including your name and contact
details, to the relevant authorities, parties and/or the applicable
intellectual property right holders (or their representatives) if we consider
that you are in breach of this clause 4.2(e) at any time.
d.
When you list an item for sale
on Dirty Secrets Boutique, you should do so with the intention of selling this
item through the site. Therefore you should not advertise your item through
another forum in an effort not to “double sale” an item. If you remove a
listing for an auction you will incur a non-refundable withdrawal fee,
regardless of the reason.
e.
Dirty Secrets Boutique classifieds
may be used by individuals or businesses to list specific items or jobs only
and must not be used for multiple or generic item or job listings. You must not
place multiple listings for a single item or job.
f.
Your listing may only
contain a URL for a website that contains further information on the item you
have listed. This website must not offer any items for sale, or contain contact
details. You must not use Dirty Secrets Boutique listings to promote a business
or website other than one for sale in your listing.
g.
You must not use the
Services or the Website to sell items that are of a speculative nature
including, but not limited to, pyramid, surf-for-free, or similar schemes.
h.
You must not manipulate
prices through ghost bidding or assuming multiple roles in a single
transaction.
i.
For sale items, you must
sell to the “Buy It Now” buyer or to the “Best Offer” or “Trade” should the
buyer click to “Accept” the sale. You must only sell to a bidder who is not the
highest bidder after reasonable attempts have been made to contact the winning
bidder without success.
j.
You will NOT list any adult
rated content (videos, magazines, DVD's, etc) on
Dirty Secrets Boutique.
k.
Listings are not pre-screened
for content. Dirty Secrets Boutique reserves the right to remove any listing
that it deems unsuitable or in breach of the terms and conditions.
l.
You agree to your email
address being supplied to the buyer when your auction closes.
m.
You must promptly forward
the listed item to the successful buyer on completion of the transaction.
n.
You must not charge
unreasonable amounts for shipping and packaging costs.
o.
The sale of films, videos,
DVDs, VCDs and laser disks is covered by the Films, Videos and Publications
Classification Act 1993. It is an offence to sell any of these items if they
have not been examined and classified by the appropriate agencies. The offence
carries a maximum penalty of $3,000 per publication. If any publication was
sold, and deemed to be objectionable and where the seller knew the publication
was objectionable, the maximum penalty consists of 10 year's imprisonment per
publication. Therefore, when listing these items for sale, you must guarantee
the item is first-hand and not a replica or illegally “burnt” edition.
p.
The sale of firearms and
ammunition remotely on Dirty Secrets Boutique is within the provisions of
section 43A of the Arms Act 1983. It is an offence to sell by mail order a
firearm or any ammunition for a firearm otherwise than pursuant to a written
order signed by the purchaser and bearing an endorsement signed by a member of
the Police stating that the member of Police has inspected the purchaser's
firearms license and is satisfied that the purchaser is a fit and proper person
to purchase that firearm or ammunition. Sellers must sight the firearms license
of the buyer, or for remote sales must receive written confirmation signed by
Police confirming the buyer holds a valid firearm's license. Forms are
available at any police station.
You may only list "A"
category firearms, in sporting configuration, as defined by the Arms Act 1983.
You may not sell firearms that require additional license endorsements to
purchase or large capacity magazines.
You
may only sell firearms that are already in the United States. Overseas members
may not buy or sell firearms on the site. Only one firearm may be advertised
per listing.
q.
If you're a motor vehicle
trader selling a car online, you must attach to the motor vehicle, a Consumer
Information Notice (CIN), in a prominent position on your listing (e.g.,
through a clear photo) and provide the CIN to the successful buyer.
If you sell six or more vehicles in a year, you are likely to be
a motor vehicle trader and must be registered.
Regardless of
whether you are a motor vehicle trader or not, if you are selling a car on Dirty
Secrets Boutique, you are required to ensure that the buyer of the motor
vehicle takes the motor vehicle free of any security interest, and you must
disclose in the listing whether there is any security interest over the
vehicle.
r.
To help maintain quality
listings, Dirty Secrets Boutique reserves the right to suspend sellers who list
over 500 auctions per week where the sell through rate of these auctions
averages less than 10% over four weeks. Sell through rate is calculated as the
auctions sold divided by auctions listed, not including classifieds.
4.3
Your obligations as a
buyer
a.
Your bids are not
retractable once the auction has closed. You must only place a bid if you
intend to buy the relevant item at the bid price entered. Reasonable allowances
should be made for postage where applicable.
b.
If you are notified that
your bid has been successful, you must complete the transaction in the manner
specified. By making a bid, you warrant and represent that you have the legal
right to enter into and complete the transaction.
c.
You must make full and
prompt payment for any item you buy.
d.
You agree to your username
and the amount of your bid being publicly shown on the Dirty Secrets Boutique
Website. You also agree to your email address being supplied to the seller when
you win an auction.
e.
If your bid is successful
and you do not pay for the item, you will receive a warning from Dirty Secrets
Boutique if the seller complains about you. After 3 such complaints, Dirty
Secrets Boutique may suspend or terminate your membership.
f.
If you use the Pay Now
facility to pay by credit card, you agree to:
attempt to resolve the issue with
the Seller first, and if a resolution cannot be obtained you are then to
contact PayPal or your credit card service’s resolution center. Dirty Secrets
Boutique is not liable, nor responsible, for disputes between the buyer and
seller.
You must return the goods (with original packaging) should you
seek a refund from the Seller in the event that they are not as described or
arrive damaged.
4.4Feedback
a.
Feedback you provide on
other members must not contain offensive, defamatory or inappropriate language.
Dirty Secrets Boutique reserves the sole right to determine what is considered
offensive, defamatory or inappropriate language.
b.
You may only give member
feedback that relates to a specific transaction. You must not post feedback on
a transaction that does not relate to that specific transaction.
c.
You must not post feedback
about yourself or include any contact details or personal information in comment
sections of sale items.
d.
Feedback to Dirty Secrets
Boutique is provided for the sole purpose of facilitating buying, selling or
trading between members on the Dirty Secrets Boutique Website. You must not
market or export any feedback to any venue other than the Dirty Secrets
Boutique Website. Linking to your Dirty Secrets Boutique feedback from other
buying and selling websites will be considered a breach of our terms and
conditions.
5. FEES AND ACCOUNTS
a. Trade Me Listing Fees and Success Fees
a. Dirty Secrets Boutique charges fees for the use of the Website
as a venue.
b. Dirty Secrets Boutique’s current fees are listed in our Selling
section.
c. Dirty Secrets Boutique reserves the right to change the fees
charged for any of our Services at any time. In the event that we introduce a
new service, the fees for that service are effective at the launch of the
service, unless otherwise stated.
d. Dirty Secrets Boutique reserves the right to investigate queries
regarding the refund of success fees with bidders, other members, Internet
Service Providers, and any other relevant party.
e. Before listing an item, you should review Dirty Secrets Boutique
Terms & Conditions, Frequently Asked Questions, and Community Guidelines.
f. You must pay the fees immediately upon demand by Dirty Secrets
Boutique.
b. Trade Me Accounts
a. Dirty Secrets Boutique does not maintain credit accounts or
financial information for the members.
b. You must settle any negative account balance immediately. Dirty
Secrets Boutique reserves the right to take action against you, including
(without limitation) deducting any amount owed by you from the credit balance
of any account operated by you, to recover outstanding debts. You are liable
for all expenses (including legal fees) that Dirty Secrets Boutique incurs when
collecting that debt.
c. If your membership is terminated Dirty Secrets Boutique will not
refund any selling fees. Promotional giveaways of Dirty Secrets Boutique credits,
bonus credits, or any free credits gifted to the member on registration will
not be refunded.
6
GENERAL PROVISIONS
a. System Integrity: Dirty Secrets Boutique will use its reasonable endeavors to
ensure the availability of the Website and Services, subject to any downtime
required for maintenance. However, Dirty Secrets Boutique takes no
responsibility for any system unavailability, or for any loss that is incurred
as a result of Website or Services being unavailable. Further, Dirty Secrets
Boutique assumes no responsibility for the corruption of any data or information
held by Dirty Secrets Boutique.
b. Resolution of
disputes: As Dirty Secrets Boutique is not a party to
any sale or transaction between you and another member, you agree not to
involve, or attempt to involve, Dirty Secrets Boutique in any dispute or in the
resolution of disputes that arise between you and another member as a result of
the Services provided.
c. Dirty Secrets Boutique Comment Sections/Message Boards: Dirty Secrets
Boutique provides Message Boards for the use of Dirty Secrets Boutique members.
The Message Boards may not be used to promote auctions, websites or any
commercial or business activity. Dirty Secrets Boutique is not responsible for
any of the opinions expressed in the Message Boards. By posting a message to
the message board you agree to take full legal responsibility and liability for
your comments, including for offensive or defamatory statements.
d. Force Majeure: Without prejudice to clause 2.3(a), Dirty Secrets Boutique has
no liability for any lack of performance, unavailability or failure of the
Services or the Website, or for any failure of Dirty Secrets Boutique to comply
with these terms and conditions where the same arises from any cause reasonably
beyond the control of Dirty Secrets Boutique.
e. No Waiver: If we do not exercise or enforce any right available to us
under these terms and conditions, it does not constitute a waiver of those
rights.
f. Partial Invalidity: If any provision of these
terms and conditions becomes or is held to be invalid, unenforceable or illegal
for any reason, and in any respect, that provision shall be severed from the
remaining terms and conditions, which shall continue in full force and effect.
g. Governing Law: These terms and conditions are governed by
the laws of the United States of America. You submit to the
non-exclusive jurisdiction of the Courts of the United States.
h. Intellectual
Property Rights: Dirty Secrets Boutique (and
its licensors or suppliers, as the case may be) owns all proprietary and
intellectual property rights in the Website (including text, graphics, logos,
icons and sound recordings) and the software and other material underlying and
forming part of the Services and the Website.
i. You may not without our prior written permission, in any form or
by any means:
Adapt, reproduce, copy,
store, distribute, print, display, perform, publish or create derivative works
from any part of this Website; or
Commercialize, copy, or on-sell any
information, or items obtained from any part of this Website.
j.
Entire agreement: These terms and conditions supersede all previous conditions,
understandings, commitments, agreements and representations whatsoever whether
oral or written, and constitutes the entire agreement, between the parties,
relating to the subject matter of these terms and conditions.
k. Privacy: Dirty Secrets Boutique collects
personal information about you through your use of the Services and the Website,
including:
your registration details; and
information relating to
your use of the Website and the content you access.
You agree that Dirty Secrets Boutique may use this personal information to assist us to provide the Services to you, for internal research purposes, to verify your identity, to enforce or apply our terms and conditions, to protect the rights, property, or safety of Dirty Secrets Boutique Limited, our users, or others, for promoting and marketing other Dirty Secrets Boutique products and Services to you, and for any other use that you authorize. You agree to your membership's trading history being published in your feedback. We will not sell or allow third parties to access your personal information without your consent. We release account and other personal information only when we believe release is appropriate to comply with law; facilitate court proceedings; enforce or apply our terms and conditions; or protect the rights, property, or safety of Dirty Secrets Boutique Limited, our users, or others. Government agencies with statutory roles enabling them to request information from us include but are not restricted to the Police, Revenue Department and FBI. You may contact Dirty Secrets Boutique to ask whether information has been provided to government agencies. If you intend to take Disputes Tribunal proceedings against another member and you require that member's contact details in order to take such proceedings, Dirty Secrets Boutique will release those details to you if you make a Statutory Declaration stating that you require that member's contact details for the sole purpose of taking Disputes Tribunal proceedings.
(