Terms of Service
Effective Date: March 2023
Welcome to Aroused and Proud! These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.
1. Acceptance of Terms
By accessing and using the Aroused and Proud website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other applicable laws and regulations. These Terms apply to all visitors, users, and others who access the Site (“Users”).
2. Eligibility
- Age Requirement: You must be at least 18 years old, or the age of majority in your jurisdiction, to use our Site and purchase our products. By using our Site, you represent and warrant that you meet these age requirements.
- Legal Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations when using our Site and purchasing our products. It is your responsibility to ensure that the purchase and use of our products are legal in your jurisdiction.
3. Account Registration
- Account Creation: To access certain features of our Site, you may be required to create an account. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary.
- Account Security: You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.
4. Use of the Site
- Permitted Use: You may use the Site for lawful purposes only. You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.
- Prohibited Activities: You agree not to:
- Engage in any fraudulent, unlawful, or deceptive activities.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Distribute or post spam, chain letters, or other unsolicited messages.
- Upload or transmit any material that contains viruses, trojan horses, worms, or any other harmful or malicious code.
- Attempt to gain unauthorised access to the Site, other accounts, or computer systems connected to the Site.
5. Product Information
- Product Descriptions: We make every effort to provide accurate descriptions and images of our products. However, we do not guarantee that the descriptions, images, or other content on our Site are accurate, complete, reliable, current, or error-free.
- Pricing: All prices are subject to change without notice. We reserve the right to modify prices or discontinue products at any time.
6. Orders and Payment
- Order Acceptance: All orders placed through our Site are subject to our acceptance. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we will notify you via email or other contact information provided.
- Payment: Payment must be made at the time of purchase using a valid payment method. By providing a payment method, you represent and warrant that you are authorized to use the payment method provided. All payments are processed securely through our third-party payment processors.
- Shipping and Handling: Please refer to our Shipping Policy for information regarding shipping and handling procedures, delivery times, and costs.
7. Returns and Refunds
Please refer to our Refund and Return Policy for detailed information regarding returns, refunds, and exchanges.
8. Intellectual Property
- Ownership: All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Aroused and Proud or its content suppliers and is protected by intellectual property laws.
- Limited License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial use. This license does not include any resale or commercial use of the Site or its contents.
9. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: The Site and all products and services offered by Aroused and Proud are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability: To the maximum extent permitted by law, Aroused and Proud, its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any unauthorised access, use, or alteration of your content or information; or (iv) your purchase or use of any products or services provided by Aroused and Proud.
10. Indemnification
You agree to indemnify, defend, and hold harmless Aroused and Proud, its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of another.
11. Termination
- Termination by Aroused and Proud: We reserve the right, in our sole discretion, to terminate or suspend your access to the Site and your account, with or without notice, for any reason, including without limitation, if we believe that you have violated these Terms or any applicable law.
- Effect of Termination: Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Changes to Terms
We may update or modify these Terms at any time. If we make changes, we will post the revised Terms on this page and update the “Effective Date” at the top of these Terms. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes.
13. Governing Law and Dispute Resolution
- Governing Law: These Terms and any disputes arising out of or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of Republic of Ireland without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC) or International Centre for Dispute Resolution (ICDR). The arbitration shall take place in Republic of Ireland, and the language of the arbitration shall be English. Each party shall bear its own costs and expenses of arbitration.
14. Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Aroused and Proud regarding your use of the Site.
- Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Aroused and Proud’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Email: support@arousedandproud.com
By using the Aroused and Proud website and purchasing our products, you agree to these Terms of Service.