TERMS AND CONDITIONS FOR GET SIXUAL
WEBSITE ADDRESS: www.GetSixual.com
In these Terms and Conditions ‘our’, ‘we’, ‘us’ means Get Sixual.
‘You’ and ‘Your’ is used to refer to the person using our website.
‘You’ and ‘Your’ is used to refer to the person purchasing products on our website.
‘Service’ and ‘Package’ is used to refer to any service we offer.
- Changes to these Terms and Conditions
1.1. Get Sixual reserves the right to change the website, its content or these terms and conditions at any time. You will be bound by any changes to the terms and conditions from the first time you use the website following the changes. If we are required to make any changes to terms and conditions relating to sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
2.1. To use this Website(www.GetSixual.com) you represent and warrant that: all information you submit is accurate and truthful, you have permission to submit payment Information where permission may be required and you will keep this information accurate and up-to-date.
2.2. We recommended that you do not share your account details, particularly your username and password. Get Sixual accepts no liability for any losses or damages incurred as a result of your account details being shared by you. If you use shared computer, it is recommended that you do not save your account details in your internet browser.
2.3. If you have reason to believe that your account details have been obtained by another without consent, you should contact Get Sixual immediately to suspend your account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Get Sixual accepts no liability or responsibility and you should make contact with the carrier detailed in the purchase Information.
- Availability of Get Sixual
3.1. Get Sixual accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Credit Card Transactions
4.1. We reserve the right to refuse suspect credit card payments and to carry out additional security checks including address verification, bank referrals etc.
- 5. General Conditions
5.1. You may not use the Get Sixual service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United Kingdom. You will comply with all applicable laws, rules and regulations in your use of the Service.
5.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Get Sixual.
- Limitation of Liability
6.1. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a term is illegal.
- Get Sixual Rights
7.1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
7.2. We reserve the right to refuse service to anyone for any reason at any time.
7.3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our Acceptable Use Policy or these Terms and Conditions.
7.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Get Sixual customer, Get Sixual employee, member, or officer will result in immediate Account termination.
7.5. Get Sixual does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.
7.6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Get Sixual employees and contractors may also be Get Sixual customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
7.7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
7.8. Get Sixual retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Get Sixual reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
- Law and Jurisdiction
8.1. These terms and conditions and the relationship between you and Get Sixual shall be governed by and construed in accordance with the Law of England and Wales. Get Sixual and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
- Links to Other Websites
9.1. The Get Sixual website may contain links to other sites. Unless expressly stated, these sites are not under the control of Get Sixual or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- Termination and Cancellation
10.1. Either Get Sixual or you may terminate your Account. If Get Sixual terminates your account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2. If Get Sixual terminates your account, any current or pending purchases on your account will be cancelled and will not be delivered.
10.3. Get Sixual reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment.
10.4. If purchases are cancelled for any reason prior to delivery you will be refunded any monies paid in relation to those purchases.
If you terminate your account any non-delivered purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
10.5. All setup fees are non refundable.
10.6. All subscription services run from the date of first payment. If a subscription is cancelled prior to the next instalment date the service will remain active unless specified until the end date.
10.7. Monthly subscription charges from a cancelled subscription service will not be refunded if cancelled before next instalment date.
- Intellectual Property & Customer Content
11.1. You are not permitted to replicate, alter, publish, modify, distribute or sell any such content contained on the GetSixual.com website in anyway.
11.2. The word ‘Get Sixual’, the Get Sixual logo and all other Get Sixual related marks, whether or not registered or displayed on the GetSixual.com website, including the domain name ‘GetSixual.com’, are the exclusive property of Get Sixual. Any use of our trademarks for any purpose without an agreement in place with Get Sixual is prohibited.
11.3. The contents, features and functions of our website, www.GetSixual.com, also including, photos, dialogue, logos, artwork, graphic designs, symbols, trademarks, and any other intellectual property are the property of Get Sixual. All content contained on this website is subject to and protected by copyright, trademark and other intellectual property and proprietary rights laws. We shall not be liable for any error or inaccuracy in the photographs or graphical representations of our products displayed on this website.
11.4. We do not claim any intellectual property rights over the Materials you provide to the Get Sixual service. All Materials you upload remains yours. You can remove your Get Sixual website any time by asking us to delete your Account.
11.5. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your website; (b) to allow Get Sixual to store, and in the case of Materials you post publicly, display, your Materials; and (c) that Get Sixual can, at any time, review all the Materials submitted to its Service, although Get Sixual is not obligated to do so.
11.6. You retain ownership over all Materials that you upload to a Get Sixual website; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
11.7. We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
11.8. Get Sixual shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website to promote the Service.
- Insta Grow
12.1. You are responsible for ensuring your profile is updated frequently with high quality content. Failure to do so can result in degraded results which will void your right to the money back guarantee stipulated in section 12 of these terms and conditions.
12.2. If you cancel one of our Insta Grow packages our service will run the remainder of your paid period. If you want your account to stop running immediately please let us know.
12.3. We do not offer prorated refunds on cancellations.
12.4. You are eligible to claim for your money back if results are not delivered after the initial 30 days of campaign.
12.5. The money back guarantee is only available once per person, household, email address, payment method or IP address.
- Talent Management Packages
13.1. You are responsible for ensuring your profile is updated frequently with high quality content. Failure to do so can result in degraded results which can impact the overall results of the service we deliver.
13.2. If you cancel one of our talent management packages our service will run the remainder of your paid period. If you want your account to stop running immediately please let us know.
13.3. We do not offer prorated refunds.
13.4. The Rising Star package is subject to a 15% fee for paid posts. Which will be added to your overall fee which we present to advertisers. It will not be deducted from the fee we present to you.
13.5. The Rising Star package charges a £20 admin fee for appearances and sponsored posts. This fee will be added to your overall fee which we present to advertisers. It will not be deducted from you.
13.6. The Rising Star Plus package is subject to a 15% fee for paid posts. Which will be added to your overall fee which we present to advertisers. It will not be deducted from the fee we present to you.
13.7. The Rising Star Plus package charges a £30 admin fee for appearances and sponsored posts. This fee will be added to your overall fee which we present to advertisers. It will not be deducted from you.
- Website Packages
14.1. Free domain name offers with each package cannot exceed £40 per year
14.2. If upon receipt of your website you are not happy with what has been delivered you must raise this within 7 days of delivery.
14.3. If no issues have been raised within 7 days of project delivery you will not be eligible for any free changes.
- Business Services
15.1. All fees paid for business services are non refundable once we have shared our documentation with you and your company.
15.2. All business services are designed to maximise productivity and to improve and streamline business processes but we do not guarantee that it will lead to increased business or productivity.
- Marketing Services
16.1. All marketing services fees are non refundable once the work has been completed.
16.2. All marketing services are designed to maximise exposure and productivity but we do not guarantee that it will lead to increased business and/or exposure.
- Fees and Payment Terms
17.1 You will pay the fees applicable to your subscription to Services and any other applicable fees, including but not limited to applicable fees relating to the purchase or use of any products or services such as additional plugins, themes, apps and third party services.
17.2. You must keep a valid payment method (Credit card, Direct Debit or PayPal) on file with us to pay for all incurred and recurring fees. Get Sixual will charge applicable fees to the preferred payment method that you authorize, and Get Sixual will continue to charge the payment method for applicable fees until the Services are terminated, and any and all outstanding fees have been paid in full. Unless otherwise indicated, all fees and other charges are in Great British Pounds, and all payments shall be in GBP currency.
17.3. Subscription fees are paid in advance and will be billed in monthly intervals (each such date, a “Billing Date”). Transaction fees and additional fees will be charged from time to time at Get Sixuals discretion. You will be charged on each Billing Date for all outstanding fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing of subscription fees.
17.4. If we are not able to process payment of fees using the agreed payment method(Credit card, Direct Debit or PayPal), we will make a second attempt to process payment using the agree payment method 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your account. Your Account will be reactivated upon your payment of any outstanding fees, plus the fees applicable to your next billing cycle. You will not be able to access your Account during any period of suspension. If the outstanding fees remain unpaid for 60 days following the date of suspension, Get Sixual reserves the right to terminate your account.
17.5. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
17.6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Get Sixual’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the fees for such products and services and will be billed to your payment method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Get Sixual of your exemption. If you are not charged Taxes by Get Sixual, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
17.7. Deposits are non refundable.
17.8. Our fees may depend not only upon the time spent on your affairs but also on the level of skill and responsibility and the importance and value of the advice that we provide, as well as the level of risk.
17.9. If we provide you with an estimate of our fees for any specific work, then the estimate will not be contractually binding unless we explicitly state that that will be the case. Otherwise our fees will be calculated on the basis of the hours worked by each member of staff necessarily engaged on your affairs multiplied by their charge-out rate per hour.
18.1. Unless we are authorised by you to disclose information on your behalf, we confirm that where you give us confidential information we shall at all times during and after this engagement keep it confidential, except as required by law, by our insurers or as provided for in regulatory, ethical, or other professional pronouncements or as part of an external peer review applicable to us or our engagement. This undertaking will apply during and after this engagement.
18.2. You agree that, if we act for other clients who are or who become your competitors, to comply with our duty of confidentiality it will be sufficient for us to take such steps as we think appropriate to preserve the confidentiality of information given to us by you, both during and after this engagement. These may include taking the same or similar steps as we take in respect of the confidentiality of our own information.
18.3. In addition, if we act for other clients whose interests are or may be adverse to yours, we will manage the conflict by implementing additional safeguards to preserve confidentiality. Safeguards may include measures such as separate teams, physical separation of teams, and separate arrangements for storage of and access to information.
18.4. You agree that the effective implementation of such steps or safeguards as described above will provide adequate measures to avoid any real risk of confidentiality being impaired.
18.5. We may, on occasions, subcontract work on your affairs to other tax or accounting professionals. The subcontractors will be bound by our client confidentiality terms.
18.6. We reserve the right, for the purpose of promotional activity, training or for other business purpose, to mention that you are a client. As stated above we will not disclose any confidential information.
The purpose(s) of processing your personal data
We may use your personal data for the following purposes:
- To understand your business requirements and determine any services to be offered/provided.
- To provide you with any information requested or deemed appropriate by us regarding our consultancy services.
- To send our proposal/quotation/bid/tender/contract/terms and conditions for appropriate services.
- To fulfil any contractual obligations entered into between us and yourselves.
- To send you our services invoices and any necessary payment reminders.
- To keep our website secure and avoid fraud.
- To handle any ongoing enquiries and any complaint which you have regarding our services.
- To provide you with occasional service updates which are non-marketing in nature.
The categories of personal data concerned
With reference to the categories of personal data described in the definitions section above, we process the following categories of your data:
- Personal data – which may consist of name, job title, email address, mobile telephone number, telephone number, address, financial information, online identifiers – which include IP addresses and cookies.
We do not collect special categories of data.
By communicating with us/ contacting us – either by telephone, email, our website email links or other website contact mechanisms you provide personal data which we may collect, store and use.
We may also have obtained your personal data through publicly accessible sources – such as your business website, internet searches, social media and credit searches
Our lawful basis for processing your general personal data is:
Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract.
More information on lawful processing can be found on the ICO website.
Sharing your personal data & disclosure
Your personal data will be treated as strictly confidential.
We may disclose your information to any of our employees, officers, insurers or professional advisers insofar as reasonably necessary for the purposes set out in this Notice.
We may also disclose your information:
- If required or permitted to do so by law.
- If required to do so by any court or any applicable regulatory, compliance, governmental or law enforcement agency.
- If necessary, in connection with legal proceedings or potential legal proceedings.
How long do we keep your personal data?
We keep your personal data for no longer than reasonably necessary. We do this in order to make future contact to assess impact of our consultancy work or maintain contact to advise on availability of additional/ new services or in case of any complaints or legal claims.
Your rights and your personal data
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:
- The right to request a copy of the personal data which we hold about you (we may charge you for this, in accordance with the law).
- The right to request that we correct any personal data if it is found to be inaccurate or out of date.
- The right to request your personal data is erased where it is no longer necessary to retain such data.
- The right to request that we provide you with your personal data and, where possible, to transmit that data directly to another data controller, (known as the right to data portability).
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing.
- The right to object to the processing of personal data, (where applicable) i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).