Terms and Conditions

Be Daring will not generate or display:

As defined under the Designated Internet Services and Online Safety Code

• Class 1A material means child sexual exploitation material, pro-terror material, or extreme crime and violence material.
• Class 1B material means crime and violence material (other than extreme crime and violence material) or drug-related material.
• Class 1C material describes or depicts specific fetish practices or fantasies. It also includes content that has or would be RC (Refused Classification) under the National Classification Code.
• Class 2 material includes high-impact sexually explicit images or material that promotes self-harm.

If you have any concerns regarding material on this site, please contact site administrators:

P: +61 7 3203 0211
E: web@bedaring.com.au

For more information:
https://www.esafety.gov.au

Welcome to bedaring.com.au (also referred to in this agreement as Be Daring, BE DARING, Be Daring, and “The Site”). Be Daring provides website features to you (User) subject to the following Terms and Conditions.

You agree that your use of this website confirms that you have read and accepted these Terms and Conditions of Use. Your use of bedaring.com.au and/or any content constitutes your binding acceptance of these Terms and Conditions, including any published changes or modifications made by Be Daring.

If at any time the Terms and Conditions of this agreement are no longer acceptable to you, you should immediately cease use of The Site.

If you visit or shop at Be Daring, you accept these Terms and Conditions. Please read them carefully.

Be Daring reserves the right to change or modify The Site, policies, and these Conditions of Use at any time, effective immediately upon publication on this site.

Please review our other policies posted on this site and located in the About Us, Services, General, and Help indexes. These policies also govern your visit to Be Daring.

Be Daring considers your use of the site to be private. However, we may access or disclose information about you, your account, and/or the content of your communications in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract, including use of this service to participate in or facilitate activities that violate the law; or (3) protect the rights, property, or safety of Be Daring, its employees, its customers, or the public.

You consent to the access and disclosures outlined in this section. We may use technology or other means to protect Be Daring, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security.

Please review our Privacy Policy, which also governs your visit to bedaring.com.au to understand our practices. See Are my details kept private and confidential?

This site is designed and intended for adults. Be Daring does not intend the site to be used for purchasing or even viewing by individuals under eighteen (18) years of age.

You understand that it may include graphic visual depictions and descriptions of: (a) an explicit sexual nature and (b) smoking products. If you are under the age of eighteen (18) years, or believe that you may be offended, you MUST exit the site now.

Your continued use of the site indicates that you agree that:

• As at this moment, you are an adult, at least eighteen (18) years of age.
• You are familiar with the standards in your community regarding the acceptance of sexually oriented material. The material that you expect to encounter on this site is within those standards and you do not expect to be offended.
• You agree that you do not find sexually explicit material involving consenting adults over the age of 18 to be offensive or objectionable.
• You will not redistribute content to anyone, nor will you permit any person under eighteen (18) years of age, or any individual who would find this offensive, to view this material or access any material contained within this site.
• We take e-safety seriously. For more information on limiting access to adult-only websites, visit eSafety.

When you visit bedaring.com.au or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Be Daring and BE DARING are trademarks owned by Be Daring. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Be Daring or its content suppliers and is protected by Australian and international trademark and copyright laws.

The compilation of all content on this site is the exclusive property of Be Daring and is protected by Australian and international trademark and copyright laws. All software used on this site is the property of Be Daring or its software suppliers and is protected by Australian and international copyright laws.

Be Daring grants you a limited, non-exclusive, revocable licence to access and make personal, non-commercial use of this site (unless the user has an authorised business relationship with Be Daring). Be Daring further grants you a limited, non-exclusive, and revocable right to create a hyperlink to any Be Daring page so long as the link does not portray Be Daring, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

Restrictions: The foregoing licences do not include any rights to reproduce, re-transmit, photocopy, distribute, disseminate, sell, publish, broadcast, or circulate content to anyone without the express prior written consent of Be Daring. You may use content for your personal use, but copying and distributing content to third parties from Be Daring is forbidden. You are prohibited from:

• modifying, downloading (other than page caching), reproducing, copying, or reselling The Site, the content, or any portion or derivative thereof;
• commercially using The Site, the content, or any portion or derivative thereof (unless you have an authorised business relationship with Be Daring);
• copying or downloading any user account information for the benefit of any third party;
• enabling high-volume, automated, electronic processes that apply to Be Daring or its systems;
• downloading or copying account information for the benefit of another merchant, or using any robot, spider, data miner, scraper, or other similar data gathering and extraction tools or automated means to access Be Daring or its systems for any purpose without express written consent of Be Daring;
• interfering or attempting to interfere with the proper working of Be Daring;
• bypassing any measures used to prevent or restrict access to any portion of Be Daring;
• framing or using framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Be Daring unless you have an authorised business relationship with Be Daring;
• using Be Daring domain names, trademarks, service marks, or logos in any meta tags or any other hidden text; or
• using Be Daring for the purpose of posting on or transmitting through Be Daring any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
• using Be Daring for any other unlawful purpose.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Be Daring reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

The risk of loss and title for goods purchased from Be Daring pass to you upon our delivery to you by the carrier.

Be Daring does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, Be Daring does not take title to the refunded item. For more information about our returns and refunds, please see our returns and exchanges policy.

Be Daring attempts to be as accurate as possible. However, Be Daring does not warrant that product descriptions or other content of The Site are accurate, complete, reliable, current, or error-free. If a product offered by Be Daring itself is not as described, your sole remedy is to return it in unused condition for a refund or exchange. See our returns and exchanges policy for more information.

Age of models: All models and actors depicted in products and visuals on this website were over the age of eighteen (18) years at the time of creation of those depictions.

In-store and Webstore Prices:

Despite our best efforts, a small number of items in our catalogue may occasionally be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either: (a) ship the item to you and accept the loss; (b) contact you for instructions before shipping; or (c) remove the item from sale, cancel your order, refund you in full, and notify you of the cancellation.

If an item’s price is lower than our stated price, we will, upon discovery or notification by you in writing, refund you the difference.

Prices: The price for an item on Be Daring may differ from the price shown in your shopping cart. It is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time the purchase is actually made. In such rare circumstances, you will be charged the price indicated in your shopping cart.

We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Be Daring does not assume any responsibility or liability for the actions, products, or content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY BE DARING ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BE DARING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BE DARING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BE DARING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

UNDER NO CIRCUMSTANCES SHALL BE DARING BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORISED ACCESS TO BE DARING’S RECORDS, PROGRAMS, OR SERVICES.

USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BE DARING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF BE DARING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Be Daring reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to Be Daring at any time for any reason without prior notice or liability. Be Daring may change, suspend, or discontinue any content without prior notice or liability. Be Daring reserves the right to refuse service to anyone.

You agree that the laws of Queensland, Australia, will govern this Agreement and that any cases arising from the use of the site or breach of this agreement shall be heard in Queensland, Australia.

A party’s failure to enforce any provision of this Agreement will not be a waiver of the provision or the right to enforce it at a later time.

This Agreement sets forth the entire understanding and agreement between you and Be Daring. For example, without limitation, any comments or terms you attempt to add as part of a purchase or other order confirmation, or any terms outside of those stated by Be Daring, will not be binding on Be Daring. You agree that you are not entering into this Agreement in reliance on any statements or representations other than those set forth herein.

If any provision of this Agreement is held to be invalid, void, or for any reason unenforceable, that determination will not affect:

1. the provision’s application in other circumstances;
2. other provisions in this Agreement; or
3. this Agreement’s validity or enforceability as a whole.

The use of headings is for convenience only and will not affect the interpretation of this Agreement.

BeDaring Pty Ltd
5/1 Business Drive
Narangba QLD 4504

+61 7 3203 0211
sales@bedaring.com.au
https://www.bedaring.com.au