By signing up for one of our Web Design Packages, Basic Web Design Package, Pro Web Design Package and/or Custom Web Design Package (“Package/s”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Website Set Up Service ("Service") offered by Daring Diva under the Terms of Service include various services to help you create and manage a retail store online (“Online Services”). Daring Diva reserves the right to update and change the Terms of Service by posting updates and changes to the Daring Diva website.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you may apply for the Business Start Up Offer.

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

  2. To apply for either Package, you must register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Daring Diva may reject your application for an Account in our sole discretion.

  3. Subject to clause 4, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.

  4. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

  5. The Terms of Service shall be governed by and interpreted in accordance with the laws of Queensland, Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the court of Proserpine, Queensland, Australia with respect to any dispute or claim arising out of or in connection with the Terms of Service.

  6. You expressly understand and agree that Daring Diva shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

  7. In no event shall Daring Diva or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Daring Diva partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

  8. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  9. You retain ownership over all Store Content that Daring Diva or you upload to your Shopify store.

  10. Daring Diva shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.

  11. You will pay the Fee applicable to the Service (“Service Fee”) and your subscription to Shopify for Online Service and/or POS Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, Themes, domain names or Third Party Services (“Additional Fees”). Together, the Service Fee, Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

  12. The Service Fee is paid up front prior to Daring Diva commencing the Service.

  13. You may cancel your Service within 24 hours by emailing partner@daringdiva.com.au and receive a full refund of the Service Fee.

  14. Should you change your mind or cancel your Service after 24 hours, the Service Fee will be used to pay for services rendered thereafter. All work completed will be invoiced at $80 per hour and if any balance is remaining it will be refunded.

  15. Once the transfer of ownership is completed the website becomes your responsibility and you are governed by the Terms & Conditions as set out by Shopify.

Dated 14/04/2024
Daring Diva