Terms of Service

GGO Member Terms and Conditions

By accessing and using www.girlsgetoff.com.au and any related website (the Website) you agree to be bound by our General Terms and Conditions of Use and Privacy Policy (together, General Terms and Conditions). 

By purchasing Products on the Website, accessing or purchasing Services on the Website or otherwise signing up as a Member, you confirm that you have read, and that you agree with our:

1. Member Terms and Conditions;
2. General Terms and Conditions of Use; and
3. Privacy Policy,

(together, Member Terms and Conditions).  We provide our Products and Services subject to the Member Terms and Conditions.

If you have not read, or if you do not accept, our Member Terms and Conditions, you are not authorised to purchase Products or to be a Member or to otherwise use the Services.

The Member Terms and Conditions may be amended from time to time and it is your responsibility to regularly check this section on the Website to ensure you are aware of our current Member Terms and Conditions.

1. Accessibility to our Products and Services
1. 1.1.When purchasing our Products or accessing or purchasing our Services you must:

1. agree to our Member Terms and Conditions before purchasing the Products; or
2. register as a Member and agree to our Member Terms and Conditions as part of this process and before accessing the Services.

2. 2.2.You must be over 18 years of age to purchase and access our Products and Services and to register as a Member.  For some countries, states and areas you may need to be older than 18 years of age, in which case you must be the relevant age to purchase and access our Products and Services and to register as a Member.  Either way, you agree you can form a legally binding contract that is enforceable against you under applicable law.

2. Membership
1. 2.1.An account may be set up in the name of a corporation, company or business name but an individual person must be responsible for that account and only that person (you) may purchase our Products and access our Services. Your account is non-transferable.
2. 2.2.You confirm and warrant that the information you provide to us (during the membership registration process, process of purchasing our Products and process of accessing our Services) is current, complete and accurate at the time you provide it, and you agree to maintain and update the data as required to keep it so.
3. 2.3.You are fully responsible for all use of your account and your access to our Products and Services, including the access or use of your account by others and you will be liable for all use of your account if that use breaches the Member Terms and Conditions.  Any instruction issued or Member Content provided using your email, account or password will be deemed to be an instruction or posting by you and may be acted upon accordingly until you notify us otherwise.  You agree to notify us immediately of any unauthorised use of your account or any other breach of security. 
3. Pricing and Payment
1. Our prices are listed on the Website or otherwise as we may communicate to you from time-to-time.  We reserve the right to amend our prices from time to time.
2. At the time of selecting a particular Product or Service, you agree to make payments in advance by credit card or debit card (if available), as detailed on the Website.
3. All prices are exclusive of bank fees, credit card fees, currency fees and taxes, unless otherwise indicated by us.  You agree to pay, and indemnify us for, any such fee that may be payable on our prices that we charge you.
4. Change in Products and Services and Cancellation
1. 4.1.We may change or tweak our Products and Services from time-to-time as we see fit, including Product and Service descriptions and pricing. 
2. 4.2.We may stop providing our Products and Services, or certain Products or Services, from time-to-time as we see fit. 
3. 4.3.Subject to clause 6, no refunds will be available for changes to our Products or Services (including where you have paid to have access to Services for a period of time and we change or cease to provide something that was part of the Services when you signed up). 
4. 4.4.We may cancel, suspend or restrict your account or access to Products and Services at any time should you fail to follow our Member Terms and Conditions, or otherwise at our sole discretion.  Where we cancel, suspend or restrict your account or access to Products and Services due to you failing to follow our Member Terms and Conditions, we are not obliged to refund you any money you have paid for our Products and Services.
5. 4.5.You may cancel your membership at any time. On termination of your membership for any reason, you will no longer be able to use or access our Services and you will not be entitled to any refund (subject to clause 9.4 and 9.5 of these Member Terms and Conditions).
5. Representations and Availability
1. 5.1.There may be typographical errors, inaccuracies or omissions on the Website, including relating to our Product and Service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, which we are not liable for.
2. 5.2.Colours and images of our Products may appear different on your computer or other device you are using, which we are not responsible for.
3. 5.3.All Products are subject to availability, at our discretion.
4. 5.4.We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction.
5. 5.5.We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
6. Shipping, Exchange and Refund Policy for Products
1. 6.1.Please inspect your Product upon receipt and contact us immediately (at jellylegs@girlsgetoff.co.nz) if the Product is defective, damaged or if you receive the wrong Product, so that we can evaluate the issue and make it right.  You will need to provide all the information we ask for so that we can assess your claim.  We will otherwise not be able to process your claim.
2. 6.2.Due to the nature of our Products, we cannot accept returns or exchanges unless you have received the wrong Product by mistake (and the Product is returned in the same condition that you received it, sealed and unused).  This is subject to any rights you may have under the New Zealand Consumer Guarantees Act 1993 or any other appliable laws that are not excluded under these Member Terms and Conditions.
3. 6.3.If we accept your claim or if we need to inspect the Product to better assess your claim, we will send you a return shipping label, as well as instructions on how and where to send your package.
4. 6.4.We will notify you once we have received and inspected your returned Product. If we agree with your claim, we will:

1. exchange the Product for a new, equivalent Product; or
2. provide you with a refund. 

5. 2.5.The election of whether to exchange the Product or provide you with a refund will be at our discretion.  This is unless the New Zealand Consumer Guarantees Act 1993 applies and the Product has a major fault (in which case it is your choice whether you opt for a replacement or a refund) or if there are other applicable laws that provide you with this choice and that are not excluded under these Member Terms and Conditions.  If we approve a refund, you will be refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.

7. Member Content
1. You warrant that all Member Content provided to us is true, complete and accurate and is not in breach of our General Terms and Conditions or any Third Party rights and is otherwise not objectionable, defamatory, obscene, harassing, threatening, incorrect, misleading or unlawful in any way.
2. You agree to promptly update any changes to your Member Content, including your email address, postal address and credit card details, so that we can complete your transactions and contact you as needed.
3. You acknowledge that we cannot complete your transactions and provide you with our Products and Services if we do not have the correct information about you, including your email address, postal address and credit card details.
4. We acknowledge that you are the owner, or an authorised licensee, of all IP Rights vesting in your Member Content.  You grant to us a royalty-free, non-exclusive, worldwide licence to use the Member Content to provide Products and Services to you. 
5. If you send us (solicited or otherwise) creative ideas, suggestions, proposals, plans, or other materials of this type (Creative Materials), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Creative Materials.  You acknowledge that the Creative Materials are not provided in confidence and we have no obligation to maintain any Creative Materials in confidence or to pay you for any Creative Materials.
8. GGO Content and IP Rights
1. 8.1.You may view or otherwise use GGO Content, provided:

1. (a)you do not share it with anyone else;
2. (b)you only use it for the purpose for which it was provided to you; and
3. (c)you otherwise only use it in compliance with these Member Terms and Conditions.

2. 3.2.You acknowledge that we are the owner, or an authorised licensee, of all IP Rights vesting in the GGO Content. You may not reproduce or replicate any part of the GGO Content (including improvements made to the GGO Content during the process of us providing Products or Services to you).
3. 3.3.Your use of the Website or the Products and Services does not provide you with any IP Rights in relation to the Website or the GGO Content (including improvements made to the GGO Content during the process of us providing Products and Services to you). 

9. Liability
1. You are entirely responsible for what you do with our Products and Services.  To the fullest extent permitted by law, we exclude all liability and responsibility related to your use of our Products and Services, what you do with them, and any issues you (or any other person, directly or indirectly) suffer while using our Products and Services or related to such use.
2. Although GGO Content is presented in good faith, we make no warranty or representation about the accuracy or completeness of GGO Content or the content of any website linked to or from the Website. To the fullest extent permitted by law, you agree we will not be liable for any damage, loss, claim or expense suffered as a result of reliance on the GGO Content we provide or any linked site provides.
3. To the fullest extent permitted by law, we exclude all liability and responsibility we may have to you or to any other person under or in connection with these Member Terms and Conditions, the Products and Services or provision of GGO Content. This exclusion applies regardless of whether such liability arises in contract (including breach of implied warranty), tort (including negligence), equity, breach of statutory duty or otherwise, and includes liability for any incidental, consequential, exemplary, special, or indirect damages (including loss of profits, revenues, data and/or use).
4. Clauses 9.1, 9.2 and 9.3 do not limit rights you may have under the New Zealand Consumer Guarantees Act 1993 relating to the quality of the Products and Services we provide.  However, if you are a business or if you are located outside of New Zealand, you agree that the Consumer Guarantees Act 1993 does not apply to you.
5. Clauses 9.1, 9.2 and 9.3 do not limit rights you may have under other applicable laws outside of New Zealand relating to the quality of the Products and Services we provide.  However, if you such laws can be contracted out of, you agree that such laws do not apply to you with respect to our Products and Services.
6. Our inclusion of links to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, the contents, operations, products or operators of those sites. We take no responsibility for any damage or harm arising out of the inclusion of such links.
7. As with any use of online services to provide, upload, store or transmit information, there is a risk of unauthorised access or use of that information by others. You agree you bear the risk that any confidential information included in Member Content, including personal information, could be improperly used or disclosed by any other person and you agree that we are not liable for this.
8. We take no responsibility for any system unavailability, or for any loss that is incurred as a result of Third Party software or services being unavailable. Further, you agree we assume no responsibility or liability for the corruption of any Member Content or any Third Party content, including such content held by a Third Party.
9. You must take your own steps to ensure that the process which you employ for accessing our Products and Services does not expose you to the risk of viruses or other forms of interference which may damage your computer system or expose you to credit card fraud, which you are responsible and liable for.
10. We make no representation or warranty that the GGO Content is appropriate for use in all countries or that such content satisfies the laws of any country (including New Zealand). If you choose to use GGO Content, you do so of your own initiative. You agree you are responsible for ensuring that your plans and documents are suitable for your own compliance with applicable local laws.
11. You must take reasonable steps to mitigate any loss, damage, cost or expense you may suffer or incur arising out of anything done or not done in connection with these Member Terms and Conditions.  We will not be liable for any liability caused by your failure to mitigate any loss, damage, cost or expense.
12. Where we are unable to limit liability under these Member Terms and Conditions due to an applicable law, you agree that our liability will be limited to the amount you paid us for the relevant Product or the amount you paid us in the preceding three months for the relevant Services.
10. Indemnity

You agree to indemnify and hold us and our officers and employees harmless from any claims, actions, costs (including legal costs), expenses or losses arising (directly or indirectly) out of:

1. your breach of any of the Member Terms and Conditions;
2. any transactions with any Third Parties, including Third Party Sites;
3. any Member Content you upload or provide to us;
4. your use of the Products and Services;
5. any reliance by you on GGO Content;
6. any technical errors or corruption of data on the Website or software required to use the Services; or
7. reliance by us or any Third Party upon any acts carried out, requests made, or information provided through the use of your account.

11. Dispute Resolution
1. 11.1.If you are unhappy with us or our Products and Services for any reason, we would like to be the first to know.  You may do so by contacting us at jellylegs@girlsgetoff.co.nz.
2. 11.2.Where any dispute arises between us, we (you and us) agree to in good faith use best endeavours to attempt to resolve the dispute amicably through negotiation or other informal means before pursuing any further formal action. 
12. No Waiver

No failure or delay by us to exercise any right or remedy provided for under the Member Terms and Conditions, or by law, will constitute a waiver of that or any other right or remedy, nor will it preclude or restrict the further exercise of that, or any other, right or remedy.

13. Assignment

We may, at any time, and without the need for further consent from you, assign or transfer all or any of our rights or obligations under these Member Terms and Conditions to any person or party.  You may not assign or transfer any of your rights or obligations under these Member Terms and Conditions to any other person without obtaining our prior written consent.

14. Severability

If any portion of these Member Terms and Conditions is deemed to be invalid, illegal or unenforceable the remaining provisions will remain in full force and effect.

15. Third Parties

These Member Terms and Conditions do not confer a benefit on any person who is not a party to the agreement.

16. Entire Agreement

These Member Terms and Conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether verbal or written and constitutes the entire agreement between you and us relating to the subject matter of these Member Terms and Conditions.  Where there is any inconsistency between the Member Terms and Conditions and General Terms and Conditions, the Member Terms and Conditions will prevail.

17. Applicable Law
1. 17.1.These Member Terms and Conditions are governed by and will be construed in accordance with the laws of New Zealand.
2. 17.2.You submit to the non-exclusive jurisdiction of the courts of New Zealand.
18. Variation

No variation of these Member Terms and Conditions will be effective unless it is in writing.

19. Further Information

If you require any further information, or if you have an issue or complaint, please contact us at jellylegs@girlsgetoff.co.nz. 

20. Definitions
1. 20.1.GIRLS GET OFF LIMITED (GIRLS GET OFF) is the owner of the Website, business and related IP Rights, and provider of the Products and Services.  GIRLS GET OFF may also be referred to as “GGO”, "we", "our", "us" or "it" in any correspondence with you and throughout any page of the Website, including the Member Terms and Conditions.
2. 20.2.You, as a User of our Website and Products and Services, may be referred to as "you", "User", or "Member".
3. 20.3.In the Member Terms and Conditions, the following words have the meanings set out below:

GGO Content means any content, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material or data on the Website or provided to you as part of our Products and Services.

IP Rights means any trade marks, copyright and all other intellectual property rights.

Member means a User who is required to agree to the Member Terms and Conditions.

Member Content means any information, text, graphics, user interfaces, visual interfaces, photographs, videos, trade marks, logos, sounds, music, artwork, computer code and other material independently developed, used, or provided by you.

Products and Services means the products and services advertised or provided on the Website, including:

1. products advertised on the Website (Products); and
2. education material, stories, horoscopes and reviews and other GGO Content provided on the Website (Services).

Third Party means any party that is not a party to these Member Terms and Conditions (i.e. is not you or us).

Third Party Sites means any Third Party website, site or page (including social media sites and pages).

User means any user of the Website.

 

GGO Website General Terms & Conditions of Use

By accessing and using www.girlsgetoff.co.nz and any related website (the Website) you
agree to be bound by these General Terms and Conditions of Use outlined below and our
Privacy Policy (together, General Terms and Conditions).
You confirm that you have read, and that you agree with, our General Terms and Conditions.
If you have not read, or if you do not accept, our General Terms and Conditions, you are not
authorised to use our Website or to access or purchase our Products and Services.
These General Terms and Conditions may be amended from time to time and it is your
responsibility to regularly check this section on the Website to ensure you are aware of our
current General Terms and Conditions. By continuing to use the Website, you agree to be
bound by the amended General Terms and Conditions.
1. Operation of the Website
1.1. The Website is a venue where we advertise and provide our Products and
Services.
1.2. If you would like to purchase any Products advertised on the Website or access
our Services you must agree to our Member Terms and Conditions.

2. Members and Accessibility of Products and Services
2.1. You may browse our Website to view the Products and other content on our
Website, subject to these General Terms and Conditions.
2.2. However:
(a) when purchasing our Products you must agree to our Member Terms and
Conditions before purchasing the Products; and
(b) when accessing our Services you must register as a Member and agree
to our Member Terms and Conditions as part of this process and before
accessing the Services.

2.3. You must be over 18 years of age to purchase and access our Products and
Services and to register as a Member. For some countries, states and areas you
may need to be older than 18 years of age, in which case you must be the
relevant age to purchase and access our Products and Services and to register
as a Member. Either way, you agree you can form a legally binding contract that
is enforceable against you under applicable law.

3. Use of the Website and GGO Content
3.1. When using the Website or GGO Content, you agree you will not use the
Website or GGO Content in any manner that is unlawful or prohibited by the
General Terms and Conditions.
3.2. Without limiting clause 3.1, you agree you will not (directly or indirectly):
(a) hack into any part of the Website or GGO Content through password
mining or other means;
(b) commit or encourage a criminal offence;

(c) defame, abuse, harass, stalk, threaten, breach the confidence of or
otherwise violate the legal rights (such as rights of privacy) of others;
(d) disrupt an exchange of information between Users or otherwise act in a
manner that negatively affects other Users;
(e) impersonate any other person, or forge any material in order to disguise
the origin of any GGO Content or communications sent through the
Website;
(f) transmit any unsolicited advertising, promotional materials or any other
forms of solicitation, unless expressly authorised by us, or harvest
information about other Users in order to transmit or facilitate the
transmitting of such materials;
(g) attempt to modify, reverse engineer or reverse-assemble any part of the
Website or GGO Content;
(h) breach any applicable laws or regulations; or
(i) engage in any other conduct that we consider (in our absolute discretion)
breaches the General Terms and Conditions or Member Terms and
Conditions or is otherwise inappropriate for the Website.

3.3. Without limiting clauses 3.1 and 3.2, you agree you will not provide to us or post
or transmit any content on the Website or any website linked to the Website or
related social media page that:
(a) is or is reasonably likely to be defamatory, offensive, upsetting, obscene, or
that we may advise from time to time that we reasonably consider to be in
any way objectionable;
(b) is or is reasonably likely to be unsuitable for persons under the age of 18
years;
(c) infringes the IP Rights of any person;
(d) infringes any confidentiality or privacy obligations or other contractual or
legal obligations owed to any third party;
(e) is incorrect or inaccurate;
(f) is false or misleading or deceptive;
(g) contains any virus (including malware or spyware) or other destructive
component;
(h) is prohibited by or violates any applicable laws or regulations; or
(i) otherwise breaches the General Terms and Conditions or Member Terms
and Conditions.

3.4. We reserve the right to remove or delete any content which we reasonably
believe breaches the requirements set out in clause 3.3.

4. GGO Content and IP Rights

4.1. You acknowledge that we are the owner, or an authorised licensee, of all IP
Rights vesting in the GGO Content. No GGO Content may be copied, modified,
reproduced, published or transmitted without our prior written consent.
4.2. You may view or otherwise use GGO Content, provided:
(a) you do not share it with anyone else;
(b) you only use it for the purpose for which it was provided to you; and
(c) you otherwise only use it in compliance with these General Terms and
Conditions.

4.3. Your use of the Website or the Products and Services does not provide you with
any IP Rights in relation to the Website, the Products and Services, or the GGO
Content.
5. Links to Other Sites
5.1. The Website or our Products and Services may include links to Third Party Sites.
If you visit a Third Party Site, you will be subject to the terms and conditions of
that site and any dealing will be solely between you and that Third Party Site.
These links do not imply our endorsement of that Third Party Site or product or
service being advertised (as applicable) or any association with their operators.
5.2. The Website or our Products and Services may be linked to various social
networking sites. You acknowledge and agree that:
(a) any comments or content that you post on such social networking sites are
subject to the terms and conditions of the social network site that you post
the comments or content on; and
(b) we are not responsible or liable for any comments or content you or others
post on social networking sites.

6. Liability
6.1. We do not warrant or guarantee:
(a) the accuracy or correctness of the GGO Content on the Website;
(b) that the GGO Content will be free from viruses (including malware or
spyware) or other destructive properties; or
(c) that the operation of the Website will be uninterrupted or error free,
and to the fullest extent permitted by law we will not be liable for any loss or
damage arising directly or indirectly from the above. You acknowledge that the
risk as to the operation and performance of the Website and the accuracy and
adequacy of the GGO Content lies with you.
6.2. The Website may contain content that is developed and/or provided by third
parties. We:
(a) do not endorse or warrant any third party content used, displayed or
available on the Website; and
(b) take no responsibility for the third party content and any representations
made.

7. Indemnity
7.1. You agree to indemnify and hold us and our officers and employees harmless
from any claims, actions, costs (including legal costs), expenses or losses arising
(directly or indirectly) out of:
(a) your breach of any of the General Terms and Conditions;
(b) any transactions with any Third Parties, including Third Party Sites;
(c) any reliance by you on GGO Content or any other content on the Website
or any link to a third party website or social media page; or
(d) any technical errors or corruption of data on the Website.

8. Changes to Website, Products and Service
8.1. We may at any time without notice remove, amend and/or vary any of the GGO
Content on the Website, the Products and Services, or cease operating the
Website in whole or in part.

9. No Waiver
9.1. No failure or delay by us to exercise any right or remedy provided for under the
General Terms and Conditions, or by law, will constitute a waiver of that or any
other right or remedy, nor will it preclude or restrict the further exercise of that, or
any other, right or remedy.

10. Assignment
10.1. We may, at any time, and without the need for further consent from you, assign
or transfer all or any of our rights or obligations under these General Terms and
Conditions to any person or party. You may not assign or transfer any of your
rights or obligations under these General Terms and Conditions to any other
person without obtaining our prior written consent.

11. Severability
11.1. If any portion of these General Terms and Conditions is deemed to be invalid,
illegal or unenforceable the remaining provisions will remain in full force and
effect.
12. Third Parties
12.1. These General Terms and Conditions do not confer a benefit on any person who
is not a party to the agreement.

13. Applicable Law
13.1. These Member Terms and Conditions are governed by and will be construed in
accordance with the laws of New Zealand.
13.2. You submit to the non-exclusive jurisdiction of the courts of New Zealand.
14. Variation
14.1. No variation of these General Terms and Conditions will be effective unless it is
in writing.

15. Further Information
15.1. If you require any further information, or if you have an issue or complaint,
please contact us at jellylegs@girlsgetoff.co.nz .

16. Definitions
16.1. GIRLS GET OFF LIMITED (GIRLS GET OFF) is the owner of the Website,
business and related IP Rights, and provider of the Products and Services.
GIRLS GET OFF may also be referred to as “GGO”, "we", "our", "us" or "it" in
any correspondence with you and throughout any page of the Website, including
the General Terms and Conditions.
16.2. You, as a User of our Website and Products and Services, may be referred to as
"you", "User" or "Member".
16.3. In the General Terms and Conditions, the following words have the meanings set
out below:
GGO Content means any content, text, graphics, user interfaces, visual
interfaces, photographs, videos, trade marks, logos, sounds, music, artwork,
computer code and other material or data on the Website or provided to you as
part of our Products and Services.
IP Rights means any trade marks, copyright and all other intellectual property
rights.
Member means a User who is required to agree to the Member Terms and
Conditions.
Products and Services means the products and services advertised or
provided on the Website, including:
(a) products advertised on the Website (Products); and
(b) education material, stories, horoscopes and reviews and other GGO
Content provided on the Website (Services).
Third Party means any party that is not a party to these Member Terms and
Conditions (i.e. is not you or us).
Third Party Sites means any Third Party website, site or page (including social
media sites and pages).
User means any user of the Website.

 

Text Marketing Terms and Conditions

We are using a text messaging platform, which is subject to the following terms and conditions. By opting-in for our text marketing and notifications in, you agree to these terms and conditions. By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.