(a) In this Agreement, the following defined terms have the following meaning:
(i) Agreement means these terms and conditions.
(ii) Documentation means any documentation provided by Us to You in accordance with the Services.
(iii) MySecretBabe.com or Us or Our means refer to the website of MySecretBabe.com.
(iv) Services means the all the features that we provide in MySecretBabe.com (and nothing outside that website) that we will provide to You.
(vi) You and Your means the person, company or other legal entity signing up to MySecretBabe.com and/or any other regional domains of the same website such as MySecretBabe.com.au.
2. Terms of Licence
(a) Subject to and conditional upon Your payment of Fees and Your compliance with this Agreement, MySecretBabe.com grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the website(s), the Services and Documentation.
3. MySecretBabe.com Account
(a) To use and access our Services, you must set up an account with MySecretBabe.com or MySecretBabe.com.au.
Although MySecretBabe.com and MySecretBabe.com.au (and possible future domains that are introduced by US) are the same entities they might be assigned explicitly to different geographical regions and so they might have different databases and may have slightly different settings to comply with the relevant judiciary systems. If you create account in one of the above or given domains your account may only exist and be usable on that domain.
(b) You must provide a current email address as this will be Our main form of communication with You.
Your email address is your unique identifier. If you sign up with your social media account e.g. with Facebook, the email address that you have used on that social media platform will be obtained and used.
(c) You must ensure that You:
(i) Maintain the security and the confidentiality of Your login credentials. MySecretBabe (US) will not be responsible for any issues or disputes that arise as a result of your failure to maintain the security of your login credentials. You are responsible and liable for all uses of the Services, Solution and the Documentation through access provided by You directly or indirectly or through the use of Your login credentials;
(ii) Notify US immediately if you become aware that Your account or login credentials is being used without authorisation;
(iii) Immediately notify US if you suspect any unauthorised use of your account or any other breach of security; and
(iv) Ensure that you Sign Out from Your account at the end of each session.
We will not take responsibility if someone else can login to your account because you have not signed out of your account.
(d) You acknowledge, agree and understand that:
(i) You are responsible for maintaining the confidentiality of your account, username and password, and ensure confidentiality and complexity of your secure password;
(ii) MySecretBabe.com is not responsible for any loss or damage arising from the theft or misappropriation of your username and password; and
(iii) You are fully responsible for all activities that occur under your username and password, including the purchase of any of our paid services.
(a) The services provided by MySecretBabe are FREE for our Female users.
(b) Male users have to purchase credits in order to perform certain activities including sending messages to users, unlocking a private album and receiving read-receipts of messages. The paid items/services/features may change at any time without prior notice.
(c) Female users receive 10% of any credit that our Male users spend to A- Send them a message B- Read their Messages, and C- Unlock their private albums.
(d) The price of credits varies depending on the credit package a male user purchases, as well as the promotions that may apply from time to time.
(e) Each user is able to see the details of their transactions (spending and earning of credits) in their profile or account page.
(f) Female users will be paid once a month and when they accumulate 100 credits, whichever comes later.
(g) Once credits are purchased they cannot be transferred to another account(s)
(h) Credits can only be used in MySecretBabe website(s)
(i) Credits are Non-Refundable. If you close your account, or if your account gets suspended/closed because of breach of the website’s terms and conditions or because it is reported by other uses you will NOT get refunded any amount.
(a) You may terminate this Agreement at any time by giving Us written notice that You would like to terminate this agreement and our Services.
The website allows you to Close your account permanently. After you close your account we will keep your email address and some other basic information for up to two years for legal and auditing reasons.If you would like to remove your information entirely you must write to us at [email protected] and request the removal of your full information and details.
(b) We may, at our sole discretion, immediately terminate, suspend or deny you access to Your account and our Services in accordance with clause 17 below.
(c) This Section does not limit any of My Secret Babe’s other rights or remedies, whether at law, in equity, or under this Agreement.
(d) If this Agreement is terminated for any reason:
(i) No credit will be refunded for any reason;
(ii) the license granted in accordance with this Agreement will also terminate, and you must cease using the Solution, the Services and the Documentation. Any termination of this Agreement will not affect Your obligation to pay any Fees due and owing under this Agreement; and
(iii) You acknowledge and agree that My Secret Babe will retain any data and documentation as legally required.
6. Your obligations
(a) You agree that:
(i) You are at least 18 years old. If your country of residence reburies you to be older in order to be in contact with “adults” you must be older than that minimum age to sign up in our website.
(ii) You will not everse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services or Solution;
(iii) You will not copy, modify, translate, or create a derivative work of the Solution, Services or Documentation or allow a third party to do the same;
(iv) You will not sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Services or Solution, or any other Documentation available via the Services without the prior written permission of My Secret Babe;
(v) You will not use the Services or Solution for illegal purposes or for promotion of dangerous or illegal activities;
(vi) You will not interfere with or disrupt the Services, or servers or networks connected to the Services or Solution, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or Solution;
(vii) You will not attempt to gain unauthorised access to the Services, Solution, other accounts, computer systems, or networks connected to the Services or Solution through hacking, password mining, phishing or any other means; upload, post, email, transmit, distribute or otherwise make available any material that contains viruses, computer code, or any other technologies that may harm My Secret Babe or the interests, information, or property of My Secret Babe customers or limit the functionality of any software, hardware or other equipment;
(viii) You will not attempt to circumvent, disable or otherwise interfere with security-related features of the Services or Solution or features that prevent or restrict use or copying of any Documentation or enforce limitations on use of the Services or Solution;
(ix) You will not attempt to remove any proprietary notices from the Solution, Services or Documentation;
(x) You will not use the Solution, Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
(xi) You will not access or use the Solution, Services or Documentation for competitive analysis of the Services, Solution or Documentation, the development, provision, or use of a competing software service or product, or any other purpose that is to My Secret Babers’ detriment or commercial disadvantage; or use the Services Solution or Documentation in any manner other than as permitted by this Agreement.
7. Your warranties
(a) You represent and warrant that:
(i) You will only use the Services and the Solution in a manner consistent with this Agreement and any and all applicable laws. You agree to indemnify and release My Secret Babe from any action that arises as a result of a breach of this warranty.
(ii) All information You provide to us to register Your Account is true, accurate, current and complete. You agree to maintain and promptly update such information to keep it true, accurate, current and complete.
(iii) Any and all data supplied by You or otherwise accessed by My Secret Babe through the provision of the Services is the sole and exclusive property of You or that You have secured any and all authorisations, licenses, permissions and rights to use the data.
(iv) The data does not breach any relevant laws, regulations, or codes.
(v) The data does not infringe the intellectual property rights of any third party.
(vi) If the data contains personally identifiable information or personal data, You have obtained the necessary consents, approval and authorisations in order to transfer or permit access to such data in accordance with applicable privacy and data protection laws. You agree to indemnify and release My Secret Babe from any action that arises as a result of a breach of this warranty.
(vii) If You are provided with any of MySecretBabe.com’s data or any other third-party data, You will not use or copy such data.
(viii) You strictly are not allowed to sign up to My Secret Babe if you are not older than 18 years of age. If you are older than 18 years of age you are not permitted to interact, or speak with any user that may seem to be younger than 18 years old.
(ix) You are authorised to use the credit card You have nominated in Your account.
(x) My Secret Babe (mysecretbabe.com and mysecretbabe.com.au) is NOT responsible for the behaviour of its users whether it is online of offline. If a user acts inappropriately, you can report the user to us and we will take the necessary actions.
(xi) My Secret Babe is not responsible or liable for any financial transactions or payments or transfer of money or cash between you and any other user. You must practice caution when you interact with another person, and it is your responsibility to make sure you will not be scammed or taken advantage of.
(xii) You are not permitted to write any content or upload any photos that include children, drug use, alcohol use or any other illegal or inappropriate activities.
(a) The website is only usable by the person who has signed up with their Personal email address.
9. Ownership of the Services
(a) All right, title and interest in and to the Solution, the Services and Documentation, including all intellectual property rights are and will remain with My Secret Babe.
(b) You are not permitted to let any other person other than you use your account.
10. Ownership of Customer Data
(a) Any data that You upload, provide, transfer, process, use or store in Your account in connection with the Services or Solution remains Your property. My Secret Babe acknowledges that You own all right, title and interest, including all intellectual property rights in Your data.
(b) You grant to My Secret Babe a non-exclusive, royalty-free, worldwide licence to reproduce, distribute and otherwise use and display Your Data as may be necessary for My Secret Babe to perform its Services for You.
(c) You agree that any data and information related to Your use of Our Services and that which we use in an aggregate and anonymised manner ( Services Data) may be used by My Secret Babe, without limitation, to improve the performance of the Services and to develop important and necessary updates to our Services.
(d) The Services Data may be used for the following:
(i) Compile statistics and performance information relating to the Solution and the Services; and
(ii) Improve the performance of the Solution and the Services.
(e) My Secret Babe will never use this information to identify you.
(f) You hereby unconditionally and irrevocably grant My Secret Babe an assignment of all right, title and interest, including intellectual property rights, in and to the Services Data.
11. Intellectual Property
(a) You acknowledge that the Services are subject to copyright and any other intellectual property rights. You shall not during or any time after the expiry or termination of this Agreement permit, engage or attempt to engage in any act which infringes My Secret Babe intellectual property rights and without limiting the generality of the foregoing, You specifically acknowledge that you may not copy any of the Services, Solution or the Documentation except as otherwise expressly authorised by this Agreement.
(b) Any documentation We provide may not be copied under any circumstances.
(c) You warrant that any of Your data or materials do not infringe the intellectual property of any person. You agree to fully indemnify My Secret Babe against any loss, cost, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against My Secret Babe alleging that Your data or materials infringe any such intellectual property. This indemnity will be granted whether or not legal proceedings are issued and if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
(a) Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of My Secret Babe for any breach of such condition or warranty shall be limited, at the option of the IMy Secret Babe, to one or more of the following:
(i) if the breach relates to goods:
i. the replacement of the goods or the supply of equivalent goods;
ii. the repair of such goods;
iii. the payment of the cost of replacing the good or of acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired; and
(ii) if the breach relates to services:
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
(b) Subject to clause 12(a), to the fullest extent permitted by law, My Secret Babe does not make any representations or guarantees regarding the uptime or availability of the Services except as specifically identified in Your order. My Secret Babe does not make any warranties in relation to the suitability of our Services or Solutions for your requirements.
(c) You warrant that You have not relied on any representation made by theMy Secret Babe which has not been stated expressly in this Agreement or in Your order or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by My Secret Babe.
(d) You acknowledge that to the extent My Secret Babe has made any representation which is not otherwise expressly stated in this Agreement, You have been provided with an opportunity to independently verify the accuracy of that representation.
(e) You accept the Solutions, Services and Documentation on an “as is” basis. You shall at all times, and notwithstanding any assistance, direction or supervision provided by My Secret Babe or its personnel, be and remain entirely responsible for all consequences arising from the Services, including responsibility for the use, operation, processing and/or manipulation of Your software and data.
(f) To the fullest extent permitted by law, You understand, acknowledge and agree that My Secret Babe will not be liable for any loss of use, lost data, failure of security mechanisms, failure to detect malicious code, or interruption of business.
(g) To the fullest extent permitted by law, My Secret Babe hereby disclaims all warranties, either express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and all warranties arising from course of dealing, usage or trade practice.
(h) Except for the limited warranty set forth in subclause 13(a), Company does not warrant that the Services, documentations or any materials available on or through the Services or through My Secret Babe will be accurate, current, error-free, virus-free, reliable or appropriate for any particular use to which you or any third party may choose to use them, and that the system is or will be available on an uninterrupted and error-free basis, or that defects will be corrected.
(i) You acknowledge and agree that My Secret Babe is not the provider of, and makes no warranties with respect to, any third-party materials.
13. Indemnity and Release
(b) You shall at all times indemnify and hold harmless My Secret Babe and its officers, employees and agents (those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability reasonably incurred or suffered by any of those indemnified arising from any proceedings against those indemnified where such less or liability was caused by or arising from:
(i) Your use or access to the Services or Solution;
(ii) Your breach of this Agreement and any other agreement or arrangement you may have with My Secret Babe;
(iii) Your violation of any term of this Agreement; and
(iv) Any actual or claim of infringement of any person’s intellectual property rights;
(v) Your violation of any third-party right; and
(vi) Any of Your wilful, unlawful or negligent act or omission.
(c) If My Secret Babe elects to have You defend My Secret Babe, you must not settle any claim unless You unconditionally release My Secret Babe of all liability, and My Secret Babe is limited to the payment of money damages, which You agree to pay.
(a) Except in relation to liability for personal injury, My Secret Babe shall be under no liability to You in respect of any loss or damage (including consequential loss or damage) which may be suffered or incurred or which may arise directly or indirectly in respect of the Services supplied under this Agreement or in respect of a failure or omission on My Secret Babe to comply with its obligations under this Agreement.
15. General exclusions and operations of laws
(a) The application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) to this Agreement (by virtue of any law relevant to this Agreement) is excluded.
(a) Without limiting the generality of any other clause in this Agreement, My Secret Babe may terminate this Agreement immediately by notice in writing if:
(i) You fail to pay any amount due;
(ii) You are in breach of any term of this Agreement and such breach is not remedied within thirty (30) days that We have notified You of the breach;
(iii) You breach or violate any laws in connection with Your use of Your account or Our Services;
(iv) My Secret Babe receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires My Secret Babe to do so;
(v) My Secret Babe reasonably suspects, at its sole discretion, that you have accessed or used Your account or the Services beyond the scope of the rights granted or for an unauthorised purpose or Your use is likely to be involved in any fraudulent, misleading or unlawful activities;
(vi) You write any inappropriate, unlawful, or personal text or information in any parts of the system which allows you to enter a text including the Nickname, About Me and About You sections; If you write anything unlawful or if you write your personal data and contact details including email, phone, social media usernames and so forth your account may be suspended without notice.
(vii) You are an individual and you become the subject of bankruptcy proceedings.
(b) If notice is given to You pursuant to subclause 17(a), My Secret Babe may, in addition to terminating this Agreement:
17. Complaints or disputes
(a) You agree that, in the event of any complaint, dispute or claim arising out from your use of our website, our Services or the Solution, the claim shall be resolved in accordance with the following procedure:
(i) You and My Secret Babe will attempt in good faith to negotiate a written resolution of the matter directly between the parties; and
(ii) if the parties are unable to resolve the dispute, then they shall be free to pursue their respective remedies in accordance with applicable law or this Agreement.
18. Modification of Terms
(a) Company may amend the terms of this Agreement from time to time. Any such changes will become effective when posted on our website. We will send you an email to your nominated email address notifying You of the changes. If You object to any such changes, your sole recourse will be to cease using the Services and terminate this Agreement. Continued use of the Services following any changes to the terms of this Agreement and notification to your email will indicate that You acknowledge the changes and You agree to be bound by the revised Agreement, including such changes.
19. Third-Party Web Sites and Content.
(a) The Services may contain links to third-party websites or services that Customer may use and that are not the owner or controlled by My Secret Babe (Third Party Materials). You acknowledge and agree that My Secret Babe has no control over and assumes no responsibility for the Third-Party Materials and that My Secret Babe makes no warranties regarding Third-Party Materials and will not be liable for any loss or damage caused by Your use of or reliance on such Third-Party Materials.
20. Electronic Communication
(a) The communication between You and My Secret Babe will be primarily electronic, through Your account and Your nominated email address. You consent to receive any communications and required notifications from My Secret Babe in electronic form. To the extent permitted by law, you agree that all terms and conditions, agreements, notices, disclosures and any other communications that My Secret Babeprovides to you electronically have the same effect as if hardcopies were provided.
21. Conflicting Terms
(a) In the event of any inconsistency between this Agreement any other agreement with My Secret Babe, the terms of this Agreement shall prevail.
(a) In the event that any provision of this Agreement is held to be invalid or unenforceable, then (at My Secret Babeelection at any time) either the remaining provisions of this Agreement will remain in full force and effect, or the provision shall be read down to the extent reasonable to make it valid and enforceable.
(b) In respect of any claim between the parties under or in connection with this Agreement, the parties agree that to the maximum extent permitted by law, the operations of Part 4 of the Civil Liability Act 2002 (NSW) and of any laws having a similar effect in the Commonwealth and other States and Territories of Australia are excluded and have no application or effect insofar as any of them would apportion liability to My Secret Babe which would not have been so apportioned but for such laws.
23. Force majeure
(a) Neither party will be considered to be in breach of this Agreement or liable to the other party for any loss or damage resulting from an event that is not within the party’s reasonable control ( a force majeure event) provided the affected party notified the other in writing as soon as is practicable of the nature of that event or circumstances.
24. Applicable Laws
(a) This Agreement will be governed by and construed according to the laws of New South Wales. You agree to the exclusive jurisdiction of the courts of the New South Wales of Australia to determine any dispute arising out of this Agreement.