DIRECTORY TERMS AND CONDITIONS
Hawk Enterprises Pty Ltd t/a Dakota Dice (ABN 633 979 469) (referred to as Dakota Dice) provides a searchable directory of adult escort service advertisers (Advertisers) and an introductory service between these Advertisers and members of the public who require their services (Customers) (collectively, the Services). The Services are available on the Dakota Dice website at www.dakotadice.com.au (Site).
(a) These Directory Terms and Conditions (Terms) form a binding legal agreement between Dakota Dice, its directors, officers, employees, successors and assignees, and each person, organisation or entity using the Services, including the Advertisers and Customers (collectively referred to as Users, each a User). By using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, the User is encouraged to contact Dakota Dice using the contact details at the end of these
(b) The User’s use of the Site and the Services indicates that:
(i) the User has had sufficient opportunity to access the Terms and contact Dakota Dice;
(ii) the User has read, accepted and will comply with the Terms;
(iii) the User has legal capacity to enter into a contract for sale; and
(iv) the User is 18 years or older; and
vi) the advertiser (user) must be an independent worker
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.
(c) These Terms may be amended from time to time, without prior notice. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those Dakota Dice recommends that each User check the current Terms, before continuing use of the Services. Dakota Dice’s agents, employees and third parties do not have authority to change the Terms.
These Terms supplement and incorporate:
the Terms of Service and User Agreement of any third party payment merchant or payment service that is utilised to facilitate any transaction arising from any User’s use of the Site and/or Services.
2. Introductory Service Only
(a) The Site and the Services provide a searchable directory of Advertisers and an online introductory platform between Customers and
(b) A User must register on the Site and create an account (Account) to become an Advertiser and/or a Customer.
(c) An Advertiser with an Account may create a profile as per information requested on the Site (Profile) to promote their business and to advertise the provision of their services and the suburbs or geographical areas they service (Advertiser Offers).
(d) A Customer with an Account may create a Profile to enable them to search for Advertisers’ Offers.
(e) When a Customer searches for an Advertiser on the Site, Advertisers with a Profile satisfying the Customer’s search query will appear as a listing on the Site (Listing).
(f) An Advertiser must subscribe as a member (Subscription) for a one (1) month period or such other fixed term as set out on the Site (Subscription Period) to create an Account and Profile. The fees for each Subscription Period (Monthly Subscription Fee) are set out on the site.
(g) The Advertiser may set out any relevant information in the Profile such as the Advertiser’s location(s), service they provide, any Advertiser Offers, opening hours, contact details and website address. Such information will also appear in a Listing subject to a Customer’s search
(h) Customers can view Profiles and Listings and contact Advertisers using the contact information provided by the Advertiser such as email address, phone and/or business Customers may also submit their email to Dakota Dice and subscribe for updates about the Site and Services.
(i) Each Customer understands and agrees that the Site is a directory and an online introductory platform only, and that Dakota Dice’s responsibilities are limited to facilitating the availability of the Site and;
(j) If a Customer contacts an Advertiser and requests any services provided by that Advertiser, any agreement subsequently entered into is between the Customer and the Advertiser. Dakota Dice is not a party to any negotiation or agreement.
(k) The Users acknowledge and agree that Dakota Dice is not responsible for any links of the Site to third party websites, including social media platforms. Any links of the Site created by Users will be subject to the terms and conditions of that third party website or social media platform.
(l) The Users acknowledge and agree that Dakota Dice is not responsible for any payment processing facility provided by a third party payment processor linked to the Site including but not limited to Stripe or any other financial transaction facilitator. The Users acknowledge that their use of any such linked service is entirely at their own risk and subject to a contract directly with that service. Users will be subject to the terms and conditions of that third party provider’s platform.
(m) Dakota Dice is not a business advisor, mentor, referrer or booking agent, and provides no such related Dakota Dice has no control over the conduct of the Customer, Advertiser or any other users of the Site and the Services. Dakota Dice disclaims all liability in this regard, as set out in these Terms.
3. Online Registration
(a) A User must register on the Site and create an Account to become an Advertiser and/or a Customer and access some Services and features on the Site, including creating a Profile, advertising Advertiser Offers and browsing and viewing Profiles and;
(b) Each User may only have one (1) advertiser account on the Site.
(c) Basic information is required when registering on the Site for an Account. Each User is required to provide certain business information including escort name, email address, and location and select a username and password.
(d) Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Dakota Dice reserves the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Dakota Dice proves to be inaccurate, not current or
(f) It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
(g) The User will immediately notify Dakota Dice of any unauthorised use of their account.
4. Users and User Profiles
(a) Each User should report to Dakota Dice any activities or requests of Users which are, or which the User reasonably believes to be:
(iii) fake or fraudulent;
(iv) illegal; or
(v) likely to have a negative effect on the reputation of Dakota Dice, the Site, Services and/or a user.
(b) Each User represents and warrants that any content that it provides and Profile and Listing that it posts:
(i) will not breach any agreements it has entered into with any third parties;
(ii) will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
(iii) will not conflict with the rights of third parties.
(c) Each User acknowledges and agrees that the Site, Profiles, Listings and/or Advertiser’s Offers contain intellectual property of other Users, including but not limited to copyright which subsists in all creative and literary works, and that nothing in these Terms grants a license or assignment of any User’s intellectual property rights, whether registered or unregistered, except with a User’s written permission.
(d) A User must not breach the intellectual property rights of another User by, including, but not limited to:
(i) altering or modifying any of the intellectual property;
(ii) creating derivative works from the intellectual property; or
(iii) using the intellectual property for commercial purposes such as on-sale to third parties.
(e) For the avoidance of doubt, Dakota Dice assumes no responsibility for a User’s compliance with any applicable laws, rules and;
(f) Dakota Dice reserves the right, at any time and without prior notice, to remove or disable access to any Account, Profile and/or Listing for any reason, including Accounts, Profiles and/or Listings that Dakota Dice, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or services.
5. Advertiser additional obligations
(a) An Advertiser that has created an Account is also permitted to create a Profile once the Advertiser has a Subscription. The Profile for its use of the Site is created from the information obtained that the Advertiser provides to Dakota Dice.
(b) Each Advertiser acknowledges and agrees that it is responsible for its own Profile, abiding State Law and for maintaining that Profile.
(c) By registering an Account, the Advertiser warrants that they have their own public liability insurance and any other insurance that they can reasonably be expected to have in respect of any services.
(d) By making any Advertiser Offer on a Profile, each Advertiser represents that they are authorised to offer and sell that Advertiser Offer.
(a) At the sole discretion of an Advertiser, customers may provide feedback to Advertisers regarding any Advertiser Offers purchased by that Customer (Review).
(b) Reviews of an Advertiser can be viewed by any User and will remain viewable until the relevant Advertiser switches off the Review function, deletes the review or the Advertiser’s Account, Profile and Listing is removed.
(c) Customers must provide true, fair and accurate information in their review.
(d) If, in Dakota Dice’s reasonable assessment, any Review is untrue, unfair, inaccurate, offensive or inappropriate, Dakota Dice may delete the Review or ban the Customer from posting the Review. Dakota Dice does not undertake to review each Review made by a user. Advertisers self manage all reviews themselves.
(e) To the fullest extent permitted by law, Dakota Dice is not responsible for the content of any Review.
(a) Customers are not required to pay any registration or membership fees for use of the Site but may be required to pay fees for Advertiser Offers as agreed between the Advertiser and Customer (Advertiser Offer Fee). Any arrangement between an Advertiser and a Customer in relation to the purchase of Advertiser Offers, including payment of any Advertiser Offer Fee, is strictly a matter between the Advertiser and the Customer. The payment of the Advertiser Offer Fee does not take place via the Site and Dakota Dice has no involvement in the collection and payment of an Advertiser Offer Fee in anyway.
(b) An Advertiser is required to pay the Monthly Subscription Fee as set out on the Site (total Monthly Subscription Fee payable collectively referred to as Fees). An Advertiser agrees to pay Dakota Dice, upfront and in advance, the Fees at the time they register for an account.
(c) Each Advertiser agrees to pay the relevant Fees, in the currency specified on the Site at the time of registration for an Account on the site.
(d) Each Advertiser may elect to have auto-renewing Subscriptions. If the Advertiser makes such an election, they agree to pay each further payment of the Fees by automatic direct debit.
(e) Goods and Services Tax (GST) will be charged where applicable.
(f) An Advertiser is required to pay for the Services by direct deposit, direct debit or by credit card. The initial payment will be processed upon receipt of the request for registration of an Account. If an Advertiser elects to auto-renew their Subscription, each subsequent payment will be automatically charged to the Advertiser’s direct debit account or credit card or Advertiser may pay by direct deposit on a monthly basis. The Advertiser must not pay, or attempt to pay, for the Services through any fraudulent or unlawful means. If any payment from an Advertiser is not able to be successfully processed then the request for an Account may be cancelled, their Account may be removed and any Listing or Advertiser Offer will not be available on the site.
(g) In the absence of fraud or mistake, all payments made are final and the Advertiser shall not have the right to cancel their purchase for any further, each User agrees to satisfy all such payments made.
(h) If the User makes a payment by debit or credit card the User warrants that: the information provided to Dakota Dice is true, accurate and complete; the User is authorised to use the debit or credit card to make the payment; the payment will be honoured by the card issuer; and that the User will maintain sufficient funds in the account to cover the purchase.
(i) Any payments made through a third party payment processor linked to the Site including but not limited to Stripe or any other financial transaction facilitator are at the Users own risk, are subject to a contract directly with that service and subject to the terms and conditions of that third party provider’s contract with the User.
(j) Dakota Dice’s pricing structure or payment methods may be amended from time to time at our sole discretion.
8. Offers and Promotions
(a) Dakota Dice may, from time to time, make offers or promotions which may be applicable to the Services.
(b) The conditions of such offers or promotions will be specified on the site
(c) The User acknowledges and agrees that Dakota Dice may, at its sole discretion, remove or extend any offers or promotions, and Dakota Dice will not be responsible or liable for any potential loss or damage which the User incurs as a result of the removal or extension of any offers or promotions.
9. Dispute Resolution
(a) By using our Site and Services, each User agrees that any legal remedy or liability that they may seek to obtain for actions or omissions of an Advertiser, Customer, or other third party, will be limited to a claim against the Advertiser, Customer or other third party, who caused harm to Dakota Dice encourages Users to communicate directly with the relevant Advertiser, Customer, or third party to resolve any disputes.
(b) Dakota Dice welcomes feedback from its Dakota Dice seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact any member of the staff.
(c) If there are any complaints from a User, Dakota Dice will aim to respond and provide a suitable solution within 7 days If a User is not satisfied with Dakota Dice’s response, the User and Dakota Dice agree to the following dispute resolution procedure:
(d) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the The User and Dakota Dice agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(e) If a resolution cannot be agreed upon at the Initial Meeting, either the User or Dakota Dice may refer the matter to a If the User and Dakota Dice cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
(f) Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.
10. Cancellation of Registration
(a) If a User wishes to cancel its Account, it can do so themsleves on their dashboard in profile details. Users may permanently delete their account or pause their profile. Users may also terminate or pause their profile by writing an email to firstname.lastname@example.org
(b) If a User is in breach of these Terms, Dakota Dice may in its absolute discretion, cancel the User’s Account and remove the User’s Profile and listing.
11. Refund Policy
(c) Any cancellation, exchange or refund of an Advertiser Offer is strictly a matter between the Advertiser and the Customer. The terms and conditions agreed to between the Advertiser and Customer should be set out clearly in respect of the Advertiser Offer.
12. Consumer Guarantees
(a) Consumer legislation in Australia including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar
(b) If the User is a consumer as defined in the ACL, the following notice applies to the User from Dakota Dice: “We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.”
13. Intellectual Property
(a) All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Dakota Dice (or its affiliates and/or third party licensors as applicable).
(b) The User agrees that, as between the User and Dakota Dice, Dakota Dice owns or holds the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Dakota Dice or the owner of the content.
(c) Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
(d) Dakota Dice’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Dakota Dice or the applicable trademark holder or Intellectual Property
(e) Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Dakota Dice or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
14. User Licence
(a) Subject to these Terms, Dakota Dice grants the User a personal, non-exclusive, non- transferable, limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Dakota Dice’s prior written
(b) The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
(c) This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
15. Permitted and Prohibited Conduct
(a) The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
(i)use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
(ii) register for more than one Account or register for an Account on behalf of another individual and/or entity;
(iii) post any Profile, Review or upload any content (including but not limited to User Content) that is offensive or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile or Listing;
(iv) submit any false or misleading information;
(v) as an Advertiser, offer any Advertiser Offers in their Profile and/or Listing that it does not intend to honour or cannot provide;
(vi) as a Customer, make any offer for any Advertiser Offers that they do not intend to honour;
(vii) violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
(viii) copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
(iv) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(x) use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(xi) use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
(xii) stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
(xiii) use, display, mirror or frame the Site, or any individual element within the Site or Services, Dakota Dice’s name, any Dakota Dice trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Dakota Dice’s express written consent; or
(ix) advocate, encourage, or assist any third party in doing any of the above.
(a) The Site, Services, and Intellectual Property are protected by copyright, trademark, and other laws of Australia and international countries. The User acknowledges and agrees that the Site, Services and Intellectual Property, including all associated intellectual property rights are the exclusive property of Dakota Dice and its licensors. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual
(b) The User must not post, upload, publish, submit or transmit any content that:
(i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
(ii) is fraudulent, false, misleading or deceptive;
(iii) denigrates Dakota Dice, the Site, Services, an Advertiser or Customer;
(iv) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(v) is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances.
17. User Content
(a) Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Dakota Dice a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site, advertising and Services. Dakota Dice advertises on social media platforms and hence content from within the site will be posted.
(b) The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and The User represents and warrants that:
(i) it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Dakota Dice the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
(ii) neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Dakota Dice’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or;
(iii) Dakota Dice may at its sole discretion remove any User Content that is offensive or in breach of these terms.
(a) Dakota Dice does not guarantee that Profiles will be viewed, or Advertiser Offers will be requested by any Customers, nor does Dakota Dice guarantee that Customers will be able to find a desirable Advertiser and/or Advertiser Offer.
(b) Dakota Dice does not endorse any Customer, Advertiser, Profile, Listing or Advertiser Offer. Dakota Dice requires Customers and Advertisers to confirm that they have provided accurate information. Dakota Dice does not perform any sort of background checks of Customers and Advertisers and does not confirm, any Customer or Advertiser’s identity, Profile, Listing and/ or Advertiser Offer.
(c) Dakota Dice cannot and does not control the content contained in any Profiles or Listings or the condition, legality or suitability of any Advertiser or Advertiser Offer. Customers are responsible for determining the identity and suitability of Advertisers that they contact via the site.
(d) Dakota Dice accepts no responsibility for and makes no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site. Dakota Dice disclaims any and all liability related to any and all Customers, Advertisers, Profiles, Listings or Advertiser Offers.
(e) Dakota Dice does not guarantee that Profiles, Listings or Advertiser Offers will appear in a particular order or will display or rank accurately in accordance with a Customer’s search query.
(f) Dakota Dice recommends all Customers check the acuracy of the Advertisers prior to contacting such Advertisers or requesting their Advertiser Offer. Dakota Dice also recommends all Advertisers exercise due skill and care in verifying the identity of any Customer prior to the provision of the Advertiser Offer.
(g) By using the Site or Services, the User agrees that any legal remedy or liability that it seeks to obtain for actions or omissions of other Advertisers or Customers or other third parties will be limited to a claim against the Advertiser or Customer or other third party who caused it harm. Dakota Dice encourages the User to communicate directly with the relevant Advertiser or Customer on the Site and Services regarding any communications or arrangements made between them and to resolve any dispute between them.
(h) To the fullest extent allowable under applicable law, Dakota Dice disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Site or Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non- infringing or free of defects or errors.
(i) For the avoidance of doubt, Dakota Dice is not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. Dakota Dice advises that all Users using the Site and Services should seek advice in relation to these matters.
(j) Each Advertiser and Customer who uses the Site and the Services does so at their own risk
(k) Dakota Dice excludes all express and implied conditions and warranties, except for the User’s Rights, to the fullest extent permitted by law, including but not limited to:
(i) Dakota Dice expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
(ii) Dakota Dice does not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site, or the server which stores and transmits material to the User is free of viruses or any other harmful components;
(iii) Dakota Dice takes no responsibility for, and will not be liable for, the Site, the Services, the Advertisers, the Customers or Advertiser Offers being unavailable, of a particular standard of workmanship, failing to meet the Profile description, failing to meet the Advertiser Offer description, failing to meet the User’s needs, or being of less than merchantable quality; and
(iv) Dakota Dice will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Profile, Listing, Advertiser Offer or the Terms, even if Dakota Dice was expressly advised of the likelihood of such loss or damage.
(v) The User agrees not to attempt to impose liability on or seek any legal remedy from Dakota Dice with respect to such actions or omissions.
19. Limitation of Liability
(a) Dakota Dice’s total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by the User to Dakota Dice in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
(b) The limitations of damages set forth above are fundamental elements of the basis of the bargain between Dakota Dice and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the user.
(c) This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Dakota Dice.
(a) Each User agrees to defend and indemnify and hold Dakota Dice (and Dakota Dice’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
(b) Dakota Dice reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
(c) This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by the User, but may be assigned by Dakota Dice without restriction.
Accuracy: While Dakota Dice will endeavour to keep the information up to date and correct, Dakota Dice makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Dakota Dice expressly excludes any liability for such to the fullest extent permissible by law.
Security: Dakota Dice has a secured business system with an SSL connection to protect all User transactions and to ensure maximum security.
Termination: Dakota Dice reserves the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site at its sole discretion, without incurring any liability to the User. If Dakota Dice decides to terminate a User’s Account any of the following may occur, with or without notice to the User: (a) the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account, Profile, Listing or its User Content; and (ii) the User will not be entitled to any compensation for any consequential loss as a result of a suspension, deactivation or termination of their account.
Fraudulent Activities: Each User acknowledges and agrees that, in the event Dakota Dice reasonably suspects that there are fraudulent activities occurring within the Site and Services, Dakota Dice reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
Force Majeure: Dakota Dice will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Dakota Dice of any of the Terms shall be effective unless Dakota Dice expressly states that it is a waiver and Dakota Dice communicates it to the User in writing.
Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Dakota Dice’s prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by Law.
Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of Queensland, Australia, and subject to the exclusive jurisdiction of the Queensland courts. The Site may be accessed throughout Australia and overseas. Dakota Dice makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so as its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Dakota Dice and each User, and supersede any prior agreement, understanding or arrangement between Dakota Dice and each User, whether oral or in writing.
For questions and notices, please contact:
Hawk Enterprises Pty Ltd t/a Dakota Dice (ABN 633 979 469)
PO Box 470
Last update: 2 December 2020