Legals

Privacy Policy

Your privacy is very important to Dark Luxury Ptd. Ltd. (ABN 64 634 470 634). This privacy statement provides details about the personal information that we collect through www.darkluxury.co (the Site) or directly from you, and the ways in which we use this personal information.

Personal Information

Personal information about visitors to the Site is primarily collected when knowingly and voluntarily submitted.

This data is collected for the primary purpose of providing our services, or information relating to those services to you, the customer.

In rare circumstances, we may seek to collect information from third parties but in this event, all reasonable steps will be taken to make you aware of information sought and obtained.

We may collect and use the following kinds of personal information

information about your use of this Site including which pages you visit and the length of time your remain on those pages;
information that you provide using for the purpose of registering with our Site;
information about transactions carried out over this Site
information that you provide for the purpose of subscribing to the Site services; and
any other information that you send to us.

Using Personal Information

We may use your personal information to:

administer the Site;
personalise the Site for you;
enable your access to and use of the Site services;
publish information about you on the Site;
send you marketing communications ;and
handle complaints.

Sensitive Information & Financial Details

Sensitive information can include such things as ethnicity, race, political affiliations, membership of professional bodies, criminal records and health information.

Sensitive and financial data is collected for the primary purpose of providing our products and services, or information relating to those products and services to you, the customer.

Further use of this information & disclosure

Information submitted by visitors to the Site may also be used for secondary purposes closely related to the primary purpose. Personal and/or sensitive information will not be shared with any third parties except for the following circumstances:

1. You have consented to do so or where disclosure to third parties is a necessary in achieving the primary purpose such as third parties engaged to deliver products or services to you.

2. To the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

The Site is provided to you through a platform owned by SquareSpace. Your personal information is therefore transmitted and held in Squarespace

Using pseudonyms and anonymity

Given the nature of our services, we do not permit people who register with us to use pseudonyms or to use the services anonymously. It is a breach of our terms and conditions to do so.

Security of Information

The security of personal information is very important to us. We will maintain reasonable security arrangements in respect of personal data to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. However, despite such reasonable efforts, we cannot guarantee that the security of information transmitted through the Internet is impenetrable. We will implement technical and organizational measures in accordance with good industry practices such as encryption, alphanumeric passwords and user access controls that can be customized according to your preferences. You are solely responsible for keeping all passwords confidential and configuring the appropriate control settings.

We will retain your personal data for as long as is needed to provide the services to you. We may retain and use personal data for as long as is necessary as required by law or for other legitimate business purposes including complying with our legal obligations, resolving disputes and enforcing our terms.

Cookies

We may place “cookies” and “local storage” in your browser. Cookies are small text files that provide us with information about how often someone visits our Site and what they do during those visits. Cookies do not themselves contain any personally identifiable information but if you provide such information to us, for example when registering with us, it may be linked to the data stored in the cookie. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, or receive a warning before a cookie is stored, if you prefer. Please refer to your browser’s instructions or help screen to learn more about these functions. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site or any other websites that you visit.

Access to Information

You have the right to access, update or remove personal information from our database through your profile portal.

This Privacy Policy may change from time to time; please consult our offices for the latest version. Any enquiries or complaints relating to our Privacy Policy may be directed to:

support@darkluxury.co

Dark Luxury Pty. Ltd. (ABN 64 634 470 634)

76 Channel Highway TAROONA TAS 7053.

Any complaints in relation to this Privacy Policy will be promptly investigated. We will endeavour to respond to complaints within 28 days of the date of the complaint. Our response shall include the outcome of any investigation and what steps we intend to take in order to remedy the breach or address the complaint.

Other Websites

The Site may contain links to other websites.

We cannot be held responsible for the privacy policies or practices of any third party.

This policy was updated as at July 2019

Site User Agreement

This is an important document that sets out the terms and conditions on which Dark Luxury Pty Ltd (ABN 64 634 470 634) offers you access to our services.

The terms “Dark Luxury”, “us”, “we” or “our” refer to Dark Luxury Pty Ltd (ABN 64 634 470 634), and the terms “you”, “your”, “user” or “users” refer to anyone accessing or using the Site, collectively the “Parties” and each a “Party”.

The terms “DL Member” or “DL Members” refers to any practitioners who have registered to become part of the Dark Luxury network of practitioners.

Acceptance of Site User Agreement

The website www.darkluxury.co (the Site) is offered to you conditionally on your acceptance of our Terms and Conditions (Terms and Conditions) this site user agreement (the Agreement) and the Privacy Policy which together, constitute the entire agreement between you and us in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site (“Terms of Use”).

You must review and consider carefully when choosing whether to use the Site. By accessing the Site, and where applicable, receiving or registering to use any of the services offered on the Site, you become a user of the Site and agree to, and are bound by, our Terms of Use.

Eligibility
If you do not agree to our Terms of Use you are not 18 years or older, or you are unable to form legally binding contracts, please immediately cease to use this Site. You must use your real name when using this Service. If you are using the Site or services on behalf of a business entity (be it a sole proprietorship, partnership, company etc) you represent and warrant that you have authority to bind that business to this Agreement and our Terms and Conditions, and your agreement will be treated as the agreement of that business entity.

Restriction and Cancellation

We reserve the right, at any time and for any reason, to restrict or cancel your access to the Site without notice.

Errors and omissions

Whilst we make every effort to ensure information contained on the Site is accurate, up-to-date and complete, we make no representation or warranty as to the nature or reliability of the Site content.

License to use Site

Unless otherwise stated, we own the intellectual property rights in the Site and material on the Site. Our services are provided through the use of a platform owned by Interstellar Group Pte, which is a company incorporated in Singapore. We are authorized by Interstellar Group Pte to provide this license to you. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in this Agreement.

You must not:

republish material from this Site (including republication on another Site);
sell, rent or sub-license material from the Site;
show any material from the Site in public;
reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
edit or otherwise modify any material on the Site; or
redistribute material from this Site except for content specifically and expressly made available for redistribution.

Acceptable use

You will not use the services other than in accordance with our Terms of Use;
You will not copy the content or use the services for any other purpose save for the specific purpose of searching for and/or connecting with suitable practitioner(s) to furnish professional advice and services.
You will not copy or use the content in connection with a service deemed competitive by us.
You will not copy, modify or create derivative works of our content and/or services.
You will not send spam or other unwelcomed communications to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, through the use of our services.
You will not disclose information that you do not have the right to disclose (for example, your employers’ Confidential Information).
You will not use any device, software, or routine that interferes with any application, function, or use of the services, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication.
You will not sell, sublicense, time-share, or otherwise share the Site or the services with any third party.
You will not frame or mirror the Site or the Services.
You will not decompile, disassemble or reverse-engineer the underlying software or application that is part of the Site, the services or otherwise attempt to derive its source code.
You will not use the services either directly or indirectly to support any activity that is illegal and/or amoral including but not limited to violating our Intellectual Property Rights or that of others.
You will not access the Site or the services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You will not override any security feature of the Site; and
You will not authorize any third parties to do any of the above.

Restricted access
Access to certain areas of this Site is restricted. We reserve the right to restrict access to other areas of this Site, or indeed this entire Site, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this Site or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

User content

In this Agreement, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Site, for whatever purpose.

When you provide, submit or transmit information for the purpose of our services (including messages and sharing of information with third parties), you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your content, without further consent, notice and/or compensation to you or others, subject to the relevant laws. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You may terminate the non-exclusive licence for your content by deleting it from the Site, or do so generally by closing your account and by terminating this Agreement, except (a) to the extent that your content has already been shared with others as part of the service and they copied or stored it and (b) for a reasonable period of time we require to remove the information from backup and other systems.

You must ensure that all content provided is timely, true, complete, current and accurate and complies with the relevant laws and/or regulations of the relevant jurisdictions. The content you provide when you request for quotations must have sufficient information to enable the lawyer to respond accurately. You will not provide, submit or transmit any content through our Services that is false, intentionally misleading, defamatory, offensive, violates third party rights or contains Content that is unlawful or violates any law. You also warrant that (i) you are the sole legal and beneficial owner of and own all rights and interests in your Content and (ii) no third party has any rights, title and interests, including all intellectual property rights in your Content.

You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your content you provide or submit to or transmit through the Site, or your violation of any rights of another as a result of the provision, submission of transmission of your content through the Site.

You are solely responsible for and assume all risks for any content posted or supplied through the Site and you agree that we have no control over the content and its veracity. Save for personal information required from you for purposes of the registration of your account and for the request of quotations, you must ensure that all content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws of the relevant Territories including but not limited to the Privacy Act 1988 (Cth),

We reserve the right to edit or remove any material submitted to this Site, or stored on our servers, or hosted or published upon this Site.

Notwithstanding our rights under this Agreement in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this Site.

Confidential Information received by you

You acknowledge that as a result of using the services provided through the Site, you may from time to time, gain access to confidential information, including but not limited to the prices for paid services, quotes from practitioners etc.

You agree to hold any and all confidential information you obtain as a result of using the services in confidence and, unless required by law, not to make the confidential information available to any third party or to use or exploit the confidential information for any purpose other than in accordance with the Terms of Use.

You warrant that you will protect confidential information from unauthorised use, access, or disclosure by third parties and apply the same security measures and degree of care to the confidential information as you would use to protect your own confidential and proprietary information of a similar nature. If you are a business entity, you warrant that you will take all reasonable steps to ensure that confidential information is not disclosed or distributed by your employees or agents in violation of our Terms of Use.

Your obligations in this clause shall remain in effect and shall survive termination of our Terms of Use, except to the extent that (a) such confidential information becomes generally available to the public other than as a result of unauthorised disclosure by you, (b) such confidential information has been released by us or such other relevant disclosing party to another person or entity without restriction or (c) such confidential information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible.

No warranties

This Site is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this Site or the information and materials provided on this Site.

Without prejudice to the generality of the foregoing paragraph, We do not warrant that:

this Site will be constantly available, or available at all; or
the information on this Site is complete, true, accurate or non-misleading.

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional. You acknowledge that this Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Limitations of liability

Nothing in this Agreement excludes or limits our liability for any liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to:

the Site or any content on it, whether express or implied;
the quality, reliability, timeliness or accuracy of services provided by or through third party service providers; and
any aspect of member services and/or advice of any member whose profile was accessed by you through the Site, including the quality of such services and/or advice.

To the extent permitted by law, we shall not be liable for (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Site, our website and/or mobile application; (d) damages arising out of your relationship with any lawyer found through the Site and/or the legal services or advice obtained from said lawyer, including but not limited to any and all malpractice claims; (e) damages relating to your access to, use of, or inability to access or use services provided by or via any third party service provider, including but not limited to any misappropriation and/or misuse of your content and/or other information by any third party service provider; and/or (f) damages in any manner relating to any Content.

To the extent permitted by law, our total liability for any claim under these our Terms of Use, including for any implied warranties, is limited to the greater of AUD$200 or the amount you paid to use the applicable Services.

Reasonableness

By using this Site, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not think they are reasonable, you must not use this Site.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Site disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

Unenforceable provisions

If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our members) incurred or suffered by us arising out of any breach by you of any provision of our Terms of Use, or arising out of any claim that you have breached any provision of our Terms of Use .

Breaches of this Agreement

Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

We may revise this Agreement from time-to-time. A revised Agreement will apply to the use of this Site from the date of the publication of the revised Agreement on this Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under this Agreement without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under this Agreement.

Goods & Services Tax

To the extent that any supply made in connection with this Agreement is a taxable supply, the GST exclusive consideration to be paid for that taxable supply is increased by the amount of any GST payable in respect of that taxable supply.

Dispute Resolution

Your concerns are important to us. We strive to provide you with a professional service and an enjoyable experience on the Site. If however, a dispute arises between the Parties, our goal is to resolve the matter quickly and effectively.

If the Parties do not reach such solution within a period of sixty (60) days, then upon notice by either Party to the other, disputes, claims, questions, or differences shall be finally settled by mediation.

If the Parties cannot agree on who the mediator should be, the Parties agree that the Law Institute of Tasmania shall appoint an appropriate mediator. The mediator will determine the time and place of the mediation.

The Parties must then attend the mediation and negotiate with each other in good faith.

Severability

If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

This Agreement (and any further rules, polices, or guidelines incorporated by reference) will be governed by and construed in accordance with Tasmanian law, and any disputes arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the courts of Tasmania, Australia.

Last update: July 2018

A. Specific Terms of Use (Client)

Thank you for using www.darkluxury.co (“the Site”). Dark Luxury (ABN 64 634 470 634) (“Dark Luxury”, “DL”,”us”,”our”,”we”) is a marketplace whereby users can access services from creative professionals (“Service”).

1. We are an online platform connecting you with a network of Dark Luxury creative practitioners

DL operates a website established to provide you with a one-stop portal to search for and connect with the world’s best Dark Luxury practitioners. We may in time to come, provide other related services and apps.

Using the search fields on the Site, you can filter your search for a member by category, expertise, country or timezone to find one within our database that may suit your needs. There is also a further option for you to email the member on the type of service you are seeking, should you wish to request more information or a quote.

Dark Luxury is not a talent agency, law firm, or therapist and does not provide any advice as such. We are not responsible for any services or advice you may receive from a member you connected with via Dark Luxury.

2. Acceptance and legally binding agreement

You are required to accept these Terms of Use before you can access and use the Service. By accessing and/or using the Services, you are consenting to be bound by the Terms. You agree that by clicking “Sign Up”, “Login”, or similar buttons, accessing, registering or using our Services in any way, you are entering into a legally binding agreement with Dark Luxury. For clarity, these Terms of Use also apply to unregistered visitors.

3. Eligibility to use this Service

You confirm that you (i) are more than 18 years old, (ii) will only register an account with us, in your real name, (iii) have not been restricted by us in using any of the Services and (iv) are otherwise fully able and competent to accept, abide and comply with these Terms of Use.

If you are agreeing to these Terms of Use and/or using the Services on behalf of a business entity (be it a partnership, company etc), you represent and warrant to Dark Luxury that you have authority to bind that business to these Terms of Use, and your agreement to these Terms of Use will be treated as the agreement of that business entity. In this event, “you” and “your” refer to that business entity.

4. Privacy

These Terms should be read in conjunction with our Privacy Policy. By using the Service you also consent to our dealing with your personal information as described in our Privacy Policy.

5. We may change the Terms of Use

These Terms of Use and our Privacy Policy may be changed by us at any time, which will be effective when posted on the Site or when you are reasonably notified by other means. If you do not wish to be bound by such change, you may discontinue using and terminate the Service. Your continued use of the Service after the change becomes effective indicates your agreement to the change. We strongly advise you to review Dark Luxury and/or the Terms of Use on a regular basis to ensure you understand all terms and conditions governing use of our Service.

6. We may change the Services and/or prices

We may change, suspend or end any Service and/or prices for any or all of the Services upon serving you notice, to the extent allowed under law.

7. Professional accreditation

Professional accreditation varies around the world. To check the registration of a member you should refer to the relevant body in the Country where the member is situated.

8. Restricted access

To use the Service other than browsing the Site, you must first register and create a User Login ID and password. We reserve the right to restrict access to other areas of Dark Luxury, or the entire website, at our discretion.

9. You promise to provide us with true and accurate information

When registering to access and use the Services, you agree to provide us with true, accurate, current and complete information and details and other information that we may reasonably require to provide you with the Services. You also agree to keep your contact information up to date.

10. You allow us to use your information

Your registration constitutes consent to use any Personal Information which you provide for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied.

11. You will keep your password confidential and ensure the Account is for your own use

If we provide you with or if you generate a User ID and Password to enable you to access the Services, you must ensure that the password is kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of the Account or password. You agree that the Account will be used by you only and will not be shared with or transferred to others.

12. Using the Service

You must not provide information that violates the rights of any third-party.

You agree to only use this Service for the purpose of being matched with a suitable member(s) to obtain professional services.

The content that you provide when you request a quotation through the Service must have sufficient information to enable the member to respond accurately.

All content submitted by you must be truthful and accurate and made in accordance with our website user agreement.

13. Breach by You

You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our Members) incurred or suffered by us arising out of content you provide or submit to or transmit through Dark Luxury.

You are solely responsible for and assume all risks for any content posted or supplied by you to Dark Luxury. Save for Personal Information required from you for purposes of the registration of the account and for the request of quotations, you must ensure that all content provided by you does not contain any information that personally identifies third parties without their consent and complies with the relevant data privacy laws where you reside.

14. Your Content is yours but you grant us a non-exclusive licence to use it

When you provide, submit or transmit content to us for the purpose of using the Service, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your content, without any further consent, notice and/or compensation to you or others, subject to relevant laws.

15. Termination of your licence to us

You may terminate the abovementioned licence for specific portions of your content by deleting it from the Site, or by closing the account and/or by the termination of this agreement, except (a) to the extent that your content has already been shared with others as part of the Service and they copied or stored it and (b) for a reasonable period of time we require to remove from backup and other systems.

16. Content provided by others is to be used or viewed at your own risk

All content transmitted through the Service is the sole responsibility of the person from whom such content originated. We do not verify the veracity of nor do we validate or endorse any content provided, posted or supplied by you, the lawyers or any third party. We assume no responsibility for the content of websites linked to the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

You acknowledge you are solely responsible for evaluating all risks associated with the access, use, accuracy, usefulness, completeness, appropriateness or legality of any content conveyed through the Services.

If you dispute any content or feel that the content is false, intentionally misleading, defamatory or offensive, you may communicate directly with us for the purposes of verifying the content or taking down the content from Dark Luxury. We can be contacted at support@darkluxury.co

17. Removal of Content

We reserve the right to, but do not have any obligation to, remove any content from Dark Luxury at any time, and for any reason, without notice.

18. Our Intellectual Property Rights

We own or are authorized by the owner of all rights in all Intellectual Property contained on and in the Site, regardless of whether it is registered. These Terms of Use do not grant any proprietary interest in or to our Intellectual Property or entitlement to the use therefore, save for the specific purpose of searching for and/or connecting with suitable Member(s) to furnish you with professional services or advice.

19. Confidential Information received by you

You acknowledge that as a result of using the Services, you may from time to time, gain access to confidential information, including but not limited to the prices for Member services and quotes from Members.

You agree to hold any and all confidential information you obtain as a result of using the Services in confidence and, unless required by law, not to make the confidential information available to any third party or to use or exploit the confidential information for any purpose other than in accordance with these Terms of Use.

Your obligations in this clause shall remain in effect and shall survive termination of these Terms of Use, except to the extent that (a) such confidential information becomes generally available to the public other than as a result of unauthorised disclosure by you, (b) such confidential information has been released by us or such other relevant disclosing party to another person or entity without restriction or (c) such confidential information is required to be released by law, pursuant to an order of court, provided that you notify us in writing as soon as reasonably possible.

20. Service and Access

We will endeavour to the best of our abilities, within reasonable means, to ensure that the Site and the Services are available at all times. Notwithstanding the foregoing, we (a) do not warrant that your use of the Services will be uninterrupted or error-free; or that the Service will meet your requirements; and (b) are not responsible for any delays or delivery failures arising due to factors outside of our control. You acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

21. Payment and Pricing

Some of the Services require payment of fees (the “Paid Services”). All fees are stated in USD. You shall pay all applicable fees, as described for the applicable Service, in connection with such Service, and any related taxes or additional charges.

We may increase the prices of Paid Services (you have not already paid for). We may change prices of any unpurchased Paid Services at any time. To the extent applicable, we will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase. We use a third party payment processor, whom we may change at any time to bill you through a payment account linked to your Billing Account. You allow us to provide your information to the Payment Processor and agree to the latter’s terms.

By making use of these payment services on the Site you agree to be bound by terms as apply by the Payment Processor from time to time. You hereby consent and authorise us to delegate the authorisations and share information you provide to us with our Third Party Service Provider to the extent required to provide the Paid Services to you. We may change a Payment Processor at any time and if so, we will inform you of the terms of the new Payment Processor.

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

22. Third Party Service Providers

You allow us to provide your information to the Payment Processor and agree to the latter’s terms. You acknowledge that we may engage and incorporate the services of Third Party Service Providers (“Third Party Services”) to assist in providing and/or enhancing the Services. You hereby consent and authorise us to delegate the authorisations you provide to us to such Third Party Service Providers as we deem necessary to provide the Services to you.

You are able to use Third Party Services only if you agree to the terms and conditions that apply to those services. Your use of our Service may incorporate services provided by Third Party Service Providers. The use of Third-Party Services may require your agreement to certain additional terms and conditions provided by the applicable Third Party Service Provider. These additional terms and conditions will be made available to you when, and if, you use the Third Party Services.

You acknowledge that you use Third Party Services at your own risk and we will not be liable for their breaches. You acknowledge that Third Party Service Providers are independent parties as stipulated and we do not provide, or exercise any control or oversight over the performance of Third Party Service Providers in providing the Services to you. You also acknowledge we are not responsible for any activity occurring within Third Party Services, even if logged in through or linked to our Site. In the event the performance of Third Party Services requires disclosure to and/or access of your content, you agree that you will not hold us responsible for any breach on the part of the Third Party Service Providers, including but not limited to losses and/or damages suffered by you arising out the disclosure and/or access of your content by the Third Party Service Providers.

You also acknowledge and accept that a Third Party Service Provider may change, modify or discontinue, temporarily or permanently, any Third Party Services used by you, without notice to you. We will use our best endeavours to provide notice to you within a reasonable period of time if and when we become aware of such change, modification, suspension and/or discontinuance of Third Party Services.

23. Limitation of liability

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to (a) the Site, or any Content on it, whether express or implied; (b) the quality, reliability, timeliness or accuracy of Services provided by or through Third Party Service Providers; and (c) any aspect of legal services and/ or advice of any Member whose profile was accessed by you through the Site and Services, including the quality of such services and/or advice.

To the extent permitted by law, we shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the Services, our website and/or mobile application; (d) damages arising out of your relationship with any Member found through the Services and/or the services or advice obtained from said Member, including but not limited to any and all malpractice claims; (e) damages relating to your access to, use of, or inability to access or use Services provided by or via any Third Party Service Provider, including but not limited to any misappropriation and/or misuse of your Content and/or other information by any Third Party Service Provider; and/or (f) damages in any manner relating to any Content.

To the extent permitted by law, our total liability for any claim under these Terms of Use, including for any implied warranties, is limited to the greater of AUD$200 or the amount you paid to use the applicable Services.

24. Termination

If you have not subscribed to any Paid Services, either party may terminate this agreement at any time without notice and without reason. Upon termination, your right to access and use the Services will automatically terminate, and you may not continue to access or use the Services.

If you have subscribed to Paid Services, either party may terminate this agreement (a) with notice via email to the other if the subscription period has not ended or (b) without notice to the other upon the expiry of the subscription period.

However, there is no need for us to furnish notice to terminate or temporarily suspend your access to the Services in the event that: (a) you breach any material provision of this Terms of Use that, (if it is capable of being cured) is not cured within 10 days from notice to you or (b) we determine that your actions are likely to cause legal liability for us or that you have misrepresented any data or information required by us to provide you with the Services or at any other time or (c) you refuse to make payment of fees accrued despite two written reminders from us. You agree to waive your right to pursue any costs, losses, damages, or liabilities arising out of or related to our temporary suspension and/or termination of your access to the Site and/ or Services as a result of this clause.

Regardless of whether the subscription period has ended, fees for the entire subscription period will not be pro-rated and not be refunded and shall be considered accrued and due on the day your request for subscription is accepted by us.

25. Payment for Services

The engagement of a Member through this Service is an agreement between the Client and the Member, to which DL is not a party. Payment terms between Clients and Members are as agreed between you. Unless otherwise provided, all prices are quoted in USD. Services provided by Members through this Service may incur goods and services taxes.

26. Conflict/independence

As DL is not a creative or talent agency, all DL Members are independent from each other.

27. Dispute Resolution

Your concerns are important to us. We strive to provide you with a professional service and an enjoyable experience. If however, a dispute arises between Dark Luxury and the Client, our goal is to resolve the matter quickly and effectively. If you have a dispute about the services you have received from a DL Member you should express your concerns with the DL Member directly. For more information about your rights to complain about a Member, you should contact the Office of the Legal Services Commissioner (or your equivalent) in the jurisdiction where the Member is situated. In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties.

28. General

These Terms are governed by the laws of Tasmania Australia, and the Parties agree to the jurisdiction of the Tasmanian Courts. A delay or favour of a Party to exercise a right under these Terms should not constitute a waiver of that right or preclude that right being exercised in the future. If any provision or part of a provision of these Terms is deemed invalid, illegal or unenforceable by a Court of competent jurisdiction it should deemed modified to the extent required to make it valid, legal or enforceable. The modification or deletion of a provision or part of a provision under this clause does not affect the validity and enforceability of the remainder of the Terms.

29. Assignment

You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms of Use. However, we may at any time assign, transfer, charge, subcontract or deal in any other manner, with all or any of its rights or obligations under these Terms of Use without your consent.

30. Third Party Rights

No one other than a party to these Terms of Use, their successors and permitted assignees, shall have any right to enforce any of its terms.

31. No Partnership or Agency

Nothing in these Terms of Use is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party. Each party confirms it is acting on its own behalf and not for the benefit of any other person unless expressly stated otherwise.

B. Specific Terms of Use (Lawyer)

Dark Luxury (ABN 64 634 470 634) (DL) operates a professional services marketplace whereby users can access creative services from international Members.

All of the Members featured on the Dark Luxury website www.darkluxury.co (“the Site”) must agree to the following Terms of Use before being admitted into the network. As a Dark Luxury Member (“DL Member”), you acknowledge and agree that when you use our Services, you have read and agreed to the terms below. Therefore, please review and accept these terms below.

Please note that you are entering into a legally binding agreement.

1. Definitions.

“Agreement” means these Terms which form an agreement between DL and the DL Member.

“Business Day” means Monday to Friday excluding public holidays that apply to the jurisdiction where the Member is situated.

“Client” means any person or entity referred to a Member through the DL platform.

“Member or Members” means a Member that is a creative professional.

“DL Member” means a Member who has registered to use the Service.

“Parties” means Dark Luxury, and the DL Member.
“Platform” means the website hosted at www.darkluxury.co and attached software.

“Service” means the online marketplace provided by DL through the Platform
“You, your” means the DL Member.

2. We are an online platform connecting Clients with a network of Creative professionals

Dark Luxury established the Site to provide Clients with a one-stop portal to search for and connect with creative professionals. We may in time to come, provide other related services and applications.

Using the search fields in Dark Luxury, Clients will be able to filter their search for a Member by category, expertise, country or timezone and find one within our database that may suit their needs. There is also a further option for Clients to email Members for more information on the type of service or advice they are seeking, should they wish to request for a quotation of professional fees from any given Member.

Dark Luxury is not a creative/talent agency, law form or therapist and does not provide any advice as such. We are not responsible for any services or advice Clients may receive from a DL Member. Dark Luxury is not a party to any professional engagement agreement entered between Clients and DL Members, or involved in the provision of services to, or representation of, Clients. Fees for services and/ or advice provided are not shared between Dark Luxury and DL Members. There is no relationship between Dark Luxury and a DL Member other than as described in these Terms.

3. Dark Luxury’s role in serving you, as a Member

Dark Luxury provides a platform for you, as an DL Member, to connect with Clients. DL Members may, via our Services (i) register an account with us (ii) create a profile which will be posted on our website and/or mobile application and (iii) receive and respond to requests from Clients.

4. When you use our Services, you enter into a legally binding agreement

You are required to accept these Terms of Use before you can access and use the Service. By accessing and/or using the Services, you are consenting to be bound by the Terms.

You agree that by clicking “Sign Up”, “Login”, or similar buttons, accessing, registering or using our Services in any way, you are entering into a legally binding agreement with Dark Luxury. For clarity, these Terms of Use also apply to unregistered visitors.

5. You have also agreed to our Privacy Policy
By doing the above, you also agree that you have accepted our Privacy Policy, and other terms that may be displayed on the Site at the time you access the Services.

6. We may change the Terms of Use

These Terms of Use and our Privacy Policy may be changed by us at any time, which will be effective when posted on the Site or as notified by other means. If you do not wish to be bound by such change, you may discontinue using and terminate the Service before the change becomes effective. Your continued use of the Service after the change becomes effective, indicates your agreement to the change. We strongly advise you to review Dark Luxury and/or the Terms on a regular basis to ensure you understand all terms and conditions governing use of our Services.

7. We may change the Services and/or prices. We do not promise to maintain, keep or provide any Content

We may change, suspend or end any Service and/or prices for any or all the Services at any time. We will notify you of any changes we make.

We are not obliged to maintain, keep or provide a copy of any content (even if provided by you), save as required under any relevant law and as provided for in our Privacy Policy. If you wish to be provided a copy of any content created by you, and we are agreeable to providing such a copy, you agree that an administration fee (the sum of which is to be determined by us) may be charged. You also agree that we will not provide you with a copy of content that can no longer be found on Dark Luxury at the time of your request.

8. You are eligible to enter into this agreement

By registering to use the Service you warrant and represent to DL that you satisfy reasonable requirements applicable to eligibility to provide advice and services in your discipline, and that you hold and will maintain current Professional Indemnity Insurance.

You warrant and represent that you will only register an account with us, in your real name, that you have not been restricted by us in using any of the Services and are otherwise fully able and competent to accept, abide and comply with these Terms of Use.

If you are agreeing to these Terms and/or using the Services on behalf of a business entity (be it a partnership or company etc), you represent and warrant that you have authority to bind that business to these Terms, and your agreement to these Terms will be treated as the agreement of that business entity. In this event, “you” and “your” refer to that business entity.

9. Registration

To register with the Service, you must create a User Login and ID and password. Only one profile is permitted per individual. When registering to use the Service you agree to provide DL with true, accurate, current and complete information. You also agree to keep the information in your profile up to date. You must keep your password confidential to you and notify DL immediately of any unauthorised access to your account. You agree that your account is personal to you and cannot be shared or transferred to others.

10. Restricted access

We reserve the right to restrict access to other areas of Dark Luxury, or the entire website, at our discretion.

11. Subscription (Not Referral Fees)

Clients do not pay to access the Service. To use the Service, DL Members must purchase a 12- month subscription. DL Members agree to pay one up-front annual subscription. LY will notify you 30 days prior to the cessation of the subscription period, which will include notification of any increase in the subscription fee.

In return for payment of the subscription fee, Dark Luxury will allow the DL Member access to the Service for 12 months. This includes a profile hosted on the Site, the ability to receive inquiries and requests for services and/or advice. DL does not receive payment for the referral of clients. Subscription Fees are payable at the annual rate and are not linked to or derived from the referral of clients.

12. Quotes

Clients can use the Service to request Quotes from DL Members. Payment terms between DL Members and with Clients are within the DL Member’s discretion.

13. Provision of Services and/or advice

The Client will authorise the DL Members directly to provide services and/or advice. It is the responsibility of the DL Member to ensure their own on-boarding processes are undertaken and that all cost disclosure and other such requirements are complied with. DL Members agree to provide the services and/or advice in accordance with the scope and quote provided to the Client. If the scope changes, or something occurs impacting on the quote given to the Client, the DL Member must notify the Client as soon practicable.

14. Service Levels

DL Members agree to comply with all relevant laws, rules and regulations that govern the provision of the services and/or advice in the jurisdiction where the DL Member operates from. DL Members indemnify and promise to keep DL and any of DL’s affiliates, officers, agents, partners and employees indemnified against any losses, damages, costs, liabilities and expenses incurred or suffered by DL in connection with services and/or advice rendered by DL Members to Clients.

15. Content Requirements

It is a condition of using the Service that each DL Member will submit a minimum of one (1) image owned by the DL Member for publication on the Platform. You are solely responsible for and assume all risks for any content posted or supplied by you through the Service. The DL Member agrees to indemnify DL and keep DL indemnified against all claims arising against DL in connection with the content submitted by the DL Member for publication on the Platform. You must ensure compliance with the Privacy Act 1988 (Cth) requirements when transmitting personal information electronically and outside of Australia (as applicable).

16. You agree not to do the following

You will not use the Service other than in accordance with these Terms of Use;

You will not copy the Site content or use the Site for any other purpose save for the specific purpose of displaying your profile and connecting with Clients who may require your professional services;

You will not post advice on our website and/or mobile applications;
You will not copy or use our content in connection with a service deemed competitive by us; You will not copy, modify or create derivative works of our content and/or Services;

You will not send spam or other unwelcomed communications to others, or act in an unlawful, defamatory, libellous, abusive, discriminatory or otherwise objectionable manner as determined by us, using our Services;

You will not at any time, disparage Dark Luxury, its employees, Clients, products, business or affiliates.

You will not disclose information that you do not have the right to disclose (for example, your employers’ and/or Client’s Confidential Information);

You will not use any device, software, or routine that interferes with any application, function, or use of the Service, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication;

You will not sell, sublicense, time-share, or otherwise share the Service with any third party; You will not frame or mirror the Service;

You will not decompile, disassemble or reverse-engineer the underlying software or application that is part of the Service or otherwise attempt to derive its source code;

You will not use the Service either directly or indirectly to support any activity that is illegal and/ or amoral including but not limited to violating our Intellectual Property Rights or that of others;

You will not access the Service for purpose of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or

You will not override any security feature of our Service; and You will not authorise any third parties to do any of the above.

17. Content and Intellectual Property Rights

You undertake to keep us and our affiliates, officers, agents, partners, and employees indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of content you provide, submit to or transmit through Dark Luxury or the Service, or your violation of any rights of another as a result of the provision, submission of transmission of your content through Dark Luxury or the Service.

You are solely responsible for and assume all risks for all content posted or supplied by you to Dark Luxury and you agree that we have no control over the content and its veracity. Save for Personal Information required from you for the purposes of the registration of your account, you must ensure that all content provided by you does not contain any information that personally identifies third parties without their consent and complies with the Privacy Act 1988.

18. Your Content is yours but you grant us a non-exclusive license to use it

When you provide, submit or transmit your content to us for the purpose of it being used on the Site or through the Service, including messages and sharing of information with other third parties through the Service, you grant us a non-exclusive, worldwide, royalty-free, sub- licensable, transferable right and license to use, host, store, cache, reproduce, publish, display, distribute, transmit, modify, adapt, and create derivative works of your content, without any further consent, notice and/or compensation to you or others, subject to the relevant legislations.

19. Termination of your license to us

You may terminate the non-exclusive licence for your content by deleting it from the Service, or by closing your account and/or by the termination of this agreement, except (a) to the extent that your content has already been shared with others as part of the Service and they copied or stored it and (b) for a reasonable period of time we require to remove from backup and other systems.

20. Content provided by others is to be used or viewed at your own risk

All content transmitted through the Site is the sole responsibility of the person from whom such content originated. We do not verify the veracity of nor do we validate or endorse any content posted or supplied by you, or the Clients or any third party provided to us. We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

21. Removal of Content

We reserve the right to, but do not have any obligation to, remove any content from the Site at any time, and for any reason, without notice.

22. Our Intellectual Property Rights

We own, or have the authority of the owners of all Intellectual Property contained on and in the Site, except those pertaining to your content. These Terms of Use do not convey any proprietary interest in or to our Intellectual Property rights or entitlement to the use therefore, save for the specific purpose of Clients contacting you to obtain professional legal advice.

You acknowledge that as a result of using the Service, you may from time to time, gain access to Confidential Information, including but not limited to information supplied by Clients requesting quotes from you.

23. No Guarantees

DL does not guarantee that a DL Member will receive Clients through the Service. DL does not offer a payment guarantee. Where a client fails to pay, the DL Member has the rights existing under the Cost Agreement, Client Authority or other such document of engagement agreed to by the Client. DL will use our best endeavours to ensure that the Platform is available at all times. Notwithstanding the foregoing, DL does not warrant that your use of the Service will be uninterrupted or error-free; or that the Service will meet your requirements. DL is also not responsible for any delays, delivery failures or interruptions that arise as a result of circumstances outside of DL’s control. You acknowledge that the Services may be subject to limitations, delays and problems inherent in the use of electronic communication facilities.

24. We will try our best to ensure uninterrupted access to Dark Luxury

You acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

25. Limitation of Liability

To the extent permitted by law, DL excludes all conditions, warranties, representations or other terms whether express or implied. To the extent permitted by law, DL will not be liable for:

(a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever;

(b) loss of profits, sales, revenue, data, use, goodwill, or other intangible losses;
(c) damages relating to your access to, use of, or inability to access or use the Services;
(d) damages arising out of your relationship with any Client found through the Service and/or the services provided because of the Service.

To the extent permitted by law, DL’s total liability for any claim under these Terms of Use (Member), is limited to the cost paid for the Services by the DL Member or the cost of providing the Services again.

28. You represent, warrant and certify the following.

You are eligible to provides the seervices and/or advice in the relevant jurisdiction(s) as indicated in your profile that is displayed on our website and/or mobile application throughout the subscription period.

You are in good standing in the jurisdiction(s) in which you are practising throughout the subscription period.

Where relevant, you are covered by professional liability insurance and will maintain such coverage at all times while using the Service. You assume all risk in connection with the adequacy of all such insurance.

All information provided by you in your profile is accurate and truthful and if at any point, such information ceases to be accurate and truthful, you agree to immediately notify Dark Luxury and update the inaccurate or outdated information within 10 days of the change arising. Dark Luxury shall not be held liable for any losses and/or damages arising out of and/or during the period within which the information is being updated and/or corrected.

29. Confidentiality & Privacy

All communications and information flowing between DL and the DL Member are confidential. By agreeing to the DL Client Terms, Clients have consented to the DL Member communicating with the Client through the Platform. You agree to hold any and all Confidential Information you obtain as a result of using the Service in confidence and, unless required by law, not to make any confidential information available to any third party or to use or exploit the confidential information for any purpose other than in accordance with these Terms of Use.

30. Participation and Marketing

DL may provide DL Members with the opportunity to speak at events or produce material for marketing their services, such as blogs or other content (“Participation”). Generally, there will be no fee paid to the Member for Participation, however DL agrees to refer all clients that arise from the Participation to the DL Member.

31. Client Complaints

DL Members must provide Clients with information about their rights and complaints process. Where DL receives a complaint from a Client we will contact the DL Member, setting out the details of the complaint and asking the Member to respond with a proposed solution. Where DL receives three complaints about a Member, which appear subjectively justified, we may remove the DL Member from the platform.

32. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising out of or relating to this Agreement or the breach thereof, the Parties hereto shall use their best efforts to settle such disputes, claims, questions, or disagreement. To this effect, they shall consult and negotiate with each other, in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If the Parties do not reach such solution within a period of sixty (60) days, then upon notice by either Party to the other, disputes, claims, questions, or differences shall be finally settled by mediation. If the Parties cannot agree on who the mediator should be, the Parties agree that the Law Institute of Tasmania shall appoint an appropriate mediator.

33. Termination

Either party may terminate this Agreement without cause any time. DL Members agree that all Client matters that are ongoing as at the date of termination will be finalised in accordance with the DL Member’s usual obligations.

34. Severability.

35. Whole Agreement

DL and the DL Member jointly and separately acknowledge to each other that all prior agreements or understandings have not been relied upon and these terms represent the entire of all agreements between DL and the Member.

36. Law and jurisdiction

This Agreement (and any further rules, polices, or guidelines incorporated by reference) will be governed by and construed in accordance with Tasmanian law, and any disputes arising out of or about this Agreement will be subject to the non-exclusive jurisdiction of the courts of Tasmania, Australia.

ABOUT US

Dark Luxury is not a talent/creative agency, law firm or therapist. We are a creative services marketplace that matches clients to members who provide Dark Luxury services and advice.