This agreement applies as between you, the User of this Web Site
and Audacity Models, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these Terms and Conditions is deemed to occur upon
your first use of the Web Site. If you do not agree to be bound by these Terms
and Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual
offer capable of acceptance. Your order constitutes a contractual offer
and our acceptance of that offer is deemed to occur upon our sending a dispatch
email to you indicating that your order has been fulfilled and is on its way to
you.
- 1. Definitions and Interpretation
In this Agreement the following terms shall have the following
meanings:
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"Account" |
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and/or any
communications System on the Web Site; |
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"Carrier" |
means any third party responsible for transporting purchased Goods
from our Premises to customers; |
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"Content" |
means any text, graphics, images, audio, video, software, data
compilations and any other form of information capable of being stored
in a computer that appears on or forms part of this Web Site; |
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"Goods" |
means any products that Audacity Models advertises and /or makes
available for sale through this Web Site; |
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"Service" |
means collectively any online facilities, tools, services or
information that Audacity Models makes available through the Web Site
either now or in the future; |
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"Payment
Information" |
means any details required for the purchase of Goods from this Web
Site. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes; |
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"Purchase
Information" |
means collectively any orders, invoices, dispatch notes, receipts or
similar that may be in hard copy or electronic form; |
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"Premises" |
Means our place(s) of business located at 2255 APine Way, Sanford, FL
32773 |
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"System" |
means any online communications
infrastructure that Audacity Models makes available through the Web Site
either now or in the future. This includes, but is not limited to,
web-based email, message boards, live chat facilities and email
links; |
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"User" / "Users" |
means any third party that accesses the Web
Site and is not employed by Audacity Models and acting in the course of
their employment; and |
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"Web Site" |
means the website that you are currently
using (www.audacitymodels.com
) |
- 2. Age Restrictions
Persons
under the age of 18 should use this Web Site only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an
Adult.
- 3. Business Customers
These Terms and
Conditions ALSO apply to customers buying Goods in the course of business.
- 4. International Customers
If Goods are
being ordered from outside Audacity Models' state of residence, import duties
and taxes may be incurred once your Goods reach their destination.
Audacity Models is not responsible for these charges and we undertake to make
no calculations or estimates in this regard. If you are buying
internationally, you are advised to contact your local customs authorities for
further details on costs and procedures. As the purchaser of the Goods,
you will also be the importer of record and as such should ensure that your
purchase is in full compliance with the laws of the country into which the
Goods are being imported. Please be aware that Goods may be inspected on
arrival at port for customs purposes and Audacity Models cannot
guarantee that the packaging of your Goods will be free of signs of
tampering.
- 5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and
Conditions, all Content included on the Web Site, unless uploaded by Users,
including, but not limited to, text, graphics, logos, icons, images, sound
clips, video clips, data compilations, page layout, underlying code and
software is the property of Audacity Models, our affiliates or other relevant
third parties. By continuing to use the Web Site you acknowledge that
such material is protected by applicable United States and International
intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the Web Site
unless otherwise indicated on the Web Site or unless given express written
permission to do so by Audacity Models.
- 6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual
Property rights including, but not limited to, Copyright and Trademarks, in
product images and descriptions belong to the manufacturers or distributors of
such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless
otherwise indicated on the Web Site or unless given express written permission
to do so by the relevant manufacturer or supplier.
- 7. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written
permission where any of the exceptions detailed in Chapter III of the
Copyright Designs and Patents Act 1988 apply.
- 8. Links to Other Web Sites
This Web Site may contain links to other sites. Unless
expressly stated, these sites are not under the control of Audacity Models or
that of our affiliates. We assume no responsibility for the content of
such web sites 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 Web Site does not imply any endorsement of the sites themselves or of
those in control of them.
- 9. Links to this Web Site
Those wishing to place a link to this Web Site on other sites
may do so only to the home page of the site www.audacitymodels.com without
prior permission. Deep linking (i.e. links to specific pages within the
site) requires the express permission of Audacity Models. To find out
more please contact us by email at info@audacitymodels.com
Use of Communications Facilities
9.1 When using the enquiry form or any other System on the Web
Site you should do so in accordance with the following rules:
9.1.1 You must not use obscene or vulgar language;
9.1.2
You must not submit Content that is unlawful or otherwise objectionable.
This includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit
Content that is intended to promote or incite violence;
9.1.4 It is advised
that submissions are made using the ENGLISH language(s) as we may be unable to
respond to enquiries submitted in any other languages;
9.1.5 The means by
which you identify yourself must not violate these terms of use or any
applicable laws;
9.1.6 You must not impersonate other people, particularly
employees and representatives of Audacity Models or our affiliates;
and
9.1.7 You must not use our System for unauthorised mass-communication
such as "spam" or "junk mail".
9.2 You acknowledge
that Audacity Models reserves the right to monitor any and all communications
made to us or using our System.
- 10. Accounts
10.1 In order to purchase Goods on this Web Site you are
required to create an Account which will contain certain personal details and
Payment Information which may vary based upon your use of the Web Site as we
may not require payment information until you wish to make a purchase.
By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you
have permission to submit Payment Information where permission may be
required; and
10.1.3 you will keep this information accurate and
up-to-date.
Your creation of an Account is further affirmation of your representation
and warranty.
10.2 It is recommended that you do not share your Account details,
particularly your username and password. Audacity Models accepts no
liability for any losses or damages incurred as a result of your Account
details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet
browser.
10.3 If you have reason to believe that your Account details have
been obtained by another without consent, you should contact Audacity Models
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, Audacity Models accepts no liability or responsibility and you
should make contact with the Carrier detailed in the Purchase
Information.
10.4 When choosing your username you are required to adhere to
the terms set out above in Clause 10. Any failure to do so could result
in the suspension and/or deletion of your Account.
- 11. Termination and Cancellation
11.1 Either Audacity Models or you may terminate your
Account. If Audacity Models 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.
11.2 If Audacity Models terminates your
Account, any current or pending purchases on your Account WILL be cancelled
and WILL NOT be dispatched.
Audacity Models reserves the right to cancel
purchases without stating reasons, for any reason prior to processing payment
and dispatch.
11.3 If purchases are cancelled for any reason prior to
dispatch you will be refunded any monies paid in relation to those
purchases.
11.4 If you terminate your Account any non-dispatched purchases
will be cancelled and you will be refunded any monies paid in relation to
those purchases.
- 12. Goods, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all
graphical representations and descriptions of Goods available from Audacity
Models correspond to the actual Goods, Audacity Models is not responsible for
any variations from these descriptions. This does not exclude our
liability for mistakes due to negligence on our part and refers only to
variations of the correct Goods, not different Goods altogether. Please
refer to Clause 15.1 for incorrect Goods.
12.2 Where appropriate, you may
be required to select the required [size] [model] [colour] [number] [other
features] of the Goods that you are purchasing.
12.3 Audacity Models does
not represent or warrant that such Goods will be available. Stock
indications ARE provided on the Web Site however these may not take into
account sales that have taken place during your visit to our website.
12.4
All pricing information on the Web Site is correct at the time of going
online. Audacity Models reserves the right to change prices and alter or
remove any special offers from time to time and as necessary. All
pricing information is reviewed and updated every hour.
12.5 In the event
that prices are changed during the period between an order being placed for
Goods and Audacity Models processing that order and taking payment, you will
be contacted prior to your order being processed with details of the new
price;
12.6 All prices on the Web Site do not include
sales tax.
- 13. Delivery
13.1 Audacity Models will notify you by way of email when your
goods are to be dispatched to you. The message will contain details of
estimated delivery times in addition to any reasons for a delay in the
delivery of the Goods purchased by you.
13.2 If Audacity Models receives no
communication from you, within 2 days of delivery, regarding any problems with
the Goods, you are deemed to have received the Goods in full working order and
with no problems.
- 14. Returns Policy
Audacity Models aims to always provide high quality Goods that
are fault free and undamaged. On occasion however, goods may need to be
returned. Returns are governed by these Terms and
Conditions.
14.1 If you receive Goods which do not match those that you
ordered, unless accompanied by an explanatory note detailing the changes,
stating reasons for the changes and setting out your options, you should
contact us within 10 days to arrange collection and return. Audacity
Models is not responsible for paying shipment costs. You will be given
the option to have the Goods replaced with those ordered (if available) or to
be refunded through the payment method used by you when purchasing the
Goods. Refunds and replacements will be issued upon our receipt of the
returned Goods.
14.2 If any Goods you have purchased have faults when they
are delivered to you, you should contact Audacity Models within 14 days to
arrange return. Audacity Models is not responsible for paying shipment
costs. Goods must be returned in their original condition with all
packaging and documentation. Upon receipt of the returned Goods, the
price of the Goods, as paid by you, will be refunded to you through the
payment method used by you when purchasing the Goods.
14.3 If any Goods
develop faults within their warranty period, you are entitled to a repair or
replacement under the terms of that warranty.
14.4 If Goods are damaged in
transit and the damage is apparent on delivery, you should sign the delivery
note to the effect that the goods have been damaged. In any event, you
should report such damage to Audacity Models within 10 days and arrange
return. Audacity Models is not responsible for paying shipment
costs. Upon receipt of the returned Goods, the price of the Goods, as
paid by you, will be refunded to you through the payment method used by you
when purchasing the Goods.
14.5 If you wish to return Goods to Audacity
Models for any of the above reasons, please contact us using the details on Contact Page to make
the appropriate arrangements.
14.7 Audacity Models reserves the right to
exercise discretion with respect to any returns under these Terms and
Conditions. Factors which may be taken into account in the exercise of
this discretion include, but are not limited to:
14.7.1 Any use or enjoyment that you may have already
had out of the Goods;
14.7.2 Any characteristics of the Goods which may
cause them to deteriorate or expire rapidly;
14.7.3 The fact that the Goods
consist of audio or video recordings or computer software and that the
packaging has been opened;
14.7.4 Any discounts that may have formed part
of the purchase price of the Goods to reflect any lack of quality made known
to the Customer at the time of purchase.
- 15. Privacy
Use of the Web Site is also governed by our Privacy
Policy which is incorporated into these terms and conditions by this
reference. To view the Privacy Policy, please click on the link
above.
- 16. Disclaimers
16.1 Audacity Models makes no warranty or representation that the
Goods or Web Site will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Goods or Services.
16.2 No part of this Web Site is intended to constitute
advice and the Content of this Web Site should not be relied upon when making
any decisions or taking any action of any kind.
16.3 No part of this Web
Site is intended to constitute a contractual offer capable of
acceptance.
- 17. Changes to the Service and these Terms and
Conditions
Audacity Models reserves the right to change the Web Site, 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 Web Site
following the changes. If Audacity Models is 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.
- 18. Availability of the Web Site
The Service is provided "as is" and on an "as available"
basis. We give no warranty that the Service will be free of defects and/or
faults. To the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality. Audacity Models accepts
no liability for any disruption or non-availability of the Web Site 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.
- 19. Limitation of Liability
The Service is provided "as is" and on an "as available"
basis. We give no warranty that the Service will be free of defects and/or
faults. To the maximum extent permitted by the law we provide no warranties
(express or implied) of fitness for a particular purpose, accuracy of
information, compatibility and satisfactory quality. Audacity Models accepts
no liability for any disruption or non-availability of the Web Site 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.
19.1 To the maximum extent permitted by law, Audacity Models
accepts no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Goods or Web Site or any information
contained therein. Users should be aware that they use the Goods or Web Site
or its Content at their own risk.
- 20. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained herein, this shall not be
construed as a waiver of that right or remedy.
- 21. Previous Terms and Conditions
In the event of any conflict between these Terms and
Conditions and any prior versions thereof, the provisions of these Terms and
Conditions shall prevail unless it is expressly stated otherwise.
- 22. Notices
All notices / communications shall be given to us either by
post to our Premises (see address) or by email to
info@audacitymodels.com. Such
notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day
and on the next business day if the email is sent on a weekend or public
holiday.
- 23. Law and Jurisdiction
These terms and conditions and the relationship between you
and Audacity Models shall be governed by and construed in accordance
with the Law of Florida and Audacity Models and you agree to submit to the
exclusive jurisdiction of the Seminole County in the State of Florida