Acceptance of Terms of Service
The TOS may be revised from time to time without notice to you other than appearing on the Service. It is your responsibility to regularly check the Service and to review the TOS. Your continued use of the Service constitutes your agreement to all revisions to the TOS. The TOS were last revised on the 20th October 2013
By accessing the Service you represent and warrant that you are at least 21 years old, that you have reached the legal age determined by the governing law of your country to view sexually explicit material, that you are accessing the Service from an a location where the content of the Service is legal and permitted, and that you will not permit any other person access to the Service who is not allowed to do so. Access to materials provided by this Service from jurisdictions where its contents are illegal is prohibited.
Provision and Modification of the Service
You may, in accordance with the TOS, view content provided through the Service and, to the extent permitted by Polkadotsi, download content or portions of content provided by the Service, to a single personal computer or other storage device. You may not otherwise copy, distribute, or perform the content of the Service, or create derivative works using that content.
You may, in accordance with the TOS, upload content, store uploaded content, and share uploaded content through the pertinent features of the Service.
You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. Polkadotsi disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any feature or software included in the Service. Polkadotsi disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or provided by the Service, and you agree that Polkadotsi will not be liable for any such services, software, content, or advertising.
Polkadotsi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Service may be subject to interruptions, caused by Polkadotsi or others. You agree that Polkadotsi will not be liable for any modification, suspension, interruption or discontinuance of the Service.
Conditions on Use of the Service
- Polkadotsi grants you permission to access and use the Service as set forth in these TOS, and in exchange you represent, warrant and agree as follows:
- You will access and use the Service solely for your own personal use.
- You will comply with all applicable laws and regulations in using the Service and any content of the Service.
- You will not use the Service in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden or impair the Service, or in any manner inconsistent with these TOS.
- You will not use any automated system, software, or device to use the Service or obtain content or information from the Service.
- You will not use any automated system, software, or device to generate or send unsolicited communications to, from, or through the Service;
- You will not collect personally identifiable information, including without limitation account names or e- mail addresses, from the Service or, nor use the communication systems provided by the Service for purposes of sending any commercial solicitation, except as expressly permitted by these TOS.
- You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interfere with the functionality of the Service or any other computer software or hardware or telecommunications equipment.
- You will not defeat or interfere with any security feature of the Service, or attempt to do so.
- You will not alter or modify any content or component of the Service, other than content you have uploaded using the Service.
- You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content (other than content you have uploaded using the Service) or any component of the Service, or any use of or any access to the Service, without the prior written permission of Polkadotsi.
Your Conduct and Your Use of the Service
The Polkadotsi Service and all of its components are intended only for adults who may legally access and use them. The Service provides access to sexually explicit material. In addition, the Service may provide you with the ability to communicate with other users of the Service, to interact with performers online, and to upload, store, and share content.
You are responsible for your own use of this Service. You acknowledge that you are solely responsible for any audio, video, music, text, links, or other content that you post, publish, upload, display or communication through the Service (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
The Service provides you with the ability to upload User Content either through the Polkadotsi website, or through the Polkadotsi Community. User Content uploaded through the Polkadotsi website will generally be made public. When you upload User Content through the Polkadotsi Community, you may choose to keep the content private (meaning only you or another person with the ability to use the account you create will have access to the content), to share it with specific other members of the Polkadotsi Community, or to make it public. You consent to the public dissemination of all User Content you submit through the Polkadotsi website, that you upload through the Polkadotsi Community and designate as public, or that you communicate using any other feature of the Service that does not expressly provide for limited access to User Content. You understand that once made public User Content cannot be made private again. You understand and agree that User Content you communicate using the Service may be recorded, stored, copied and/or retransmitted by Polkadotsi, including but not limited to User Content that you upload through the Polkadotsi Community and designate as public or to be shared with specified members, audio or video content submitted to the Polkadotsi Blog, and calls made to Polkadotsi Radio.
You agree that you will not use the Service to post, transmit, or share User Content that you did not create or that you do not have permission to use and share through the Service. You affirm that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that are needed to use and to authorize Polkadotsi to use User Content you provide in the manner described in these TOS. By submitting, uploading or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You understand it is generally illegal to record or publish any sexually explicit video without the consent of all participants to the recording and publication of such material. You also understand that it may be illegal to publish any video or audio recording of another person for a commercial purpose without their consent. By submitting or posting User Content, you warrant that every person depicted in any sexually explicit material contained in the User Content has consented to the recording of that material and its publication in the manner contemplated by these TOS. Merely publishing or displaying User Content through the Service does not necessarily constitute using it for a commercial purpose. Nonetheless, by submitting or posting User Content you also warrant that you have obtained any and all permissions, releases, and consents necessary to record, publish and display the User Content for a commercial purpose.
You understand that it is illegal to possess or distribute any depiction of a minor engaged in any actual or simulated sexually explicit conduct. You agree that you will not use the Service to solicit, post, transmit, or share child pornography. The use of the Service to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. By submitting or posting any User Content containing sexually explicit material, you warrant that you have determined, through personal knowledge or the use of appropriate legal forms of identification, that all persons depicted in any sexually explicit material are at least 21 years of age, and have reached the legal age determined by the governing law of your country to participate in the recording and publication of sexually explicit material.
You agree that you will not use the Service to post, transmit, or share User Content that is defamatory or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise illegal. By submitting or posting User Content, you warrant that it is not defamatory or invasive of the privacy of any other person, graphically violent, physically threatening, or otherwise illegal.
You acknowledge that Polkadotsi does not promise that any User Content you submit to it or that you communicate using the Service will be maintained by Polkadotsi. You are solely responsible for creating backup copies of and replacing any User Content you submit to Polkadotsi or post on the Service, at your own cost and expense. You agree that Polkadotsi has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Polkadotsi retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
By accessing or using the Service, you acknowledge and agree that Polkadotsi is engaged in the transmission, storage, retrieval, hosting, formatting or translation (or any combination thereof) of the User Content provided by the Service without selection or alteration of the User Content, and that all User Content provided by the Service is governed by section 230(c) of Title 47 of the United States Code (47 U.S.C. § 230(c)) and by section 2257(h)(2)(B)(v) of Title 18 of the United States Code (18 U.S.C. § 2257(h)(2)(B)(v).)
Limitation of liability
IN NO EVENT WILL Polkadotsi, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Polkadotsi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Polkadotsi does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. Polkadotsi will have no obligations with respect to the Communications. Polkadotsi and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Polkadotsi for the purpose of receiving products or services will be handled in accordance with the Polkadotsis online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Polkadotsi may remove or block users from its site due to unacceptable use of our software and/or systems. Unacceptable use includes but is not limited to:
•Excessive self promotion
•Unauthorized contact of individuals using this site
•Submission of inappropriate content
•Submission of adult content
It is at the sole discretion of Polkadotsi to what determines acceptable and unacceptable use.
Objectionable or Inappropriate Content
By its very nature, the Service may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Service may include content that has been mislabelled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using the Service. Polkadotsi does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content provided by the Service. You acknowledge that any use of or reliance on material provided by the Service will be at your own risk.
Polkadotsi may review any content provided by the Service, including any User Content uploaded using the Service, and reserves the right to refuse to distribute any such content or to remove any content from the Service, in its sole discretion. However, you acknowledge and agree that Polkadotsi is not obligated to remove any content from the Service, unless and until it is established pursuant to the requirements of the law that the content is illegal.
If you believe any content provided by the Service is illegal or violates these TOS, you may inform Polkadotsi by using our contact form. Polkadotsi will review your message and the content to which you object (assuming it is still available through the Service). Polkadotsi may remove the content if, in Polkadotsi's judgment, it is illegal or otherwise inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Polkadotsi is not legally responsible for content that it does not originate. Neither is Polkadotsi legally responsible for removing content that it deems inappropriate from the Service.
Polkadotsi reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or legitimate governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of Polkadotsi, its users and the public. You agree that Polkadotsi will not be liable for exercising or failing to exercise any of these rights.
Links to third-party Websites
Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Polkadotsi has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Polkadotsi does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
Linking to this site You may create links to this Site from other sites, but only in accordance with the terms of the Guidelines for linking to Polkadotsi’s Websites and in compliance with all applicable laws.
Polkadotsi may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Revised October 2013
Note: Anyone linking to Polkadotsi’s website must comply with the Guidelines for Linking to Polkadotsi’s Websites and all applicable laws.
Guidelines for linking to Polkadotsi’s Websites
A site that links to Polkadotsi’s website:
•May link to and replicate Polkadotsi content as long as you reference Polkadotsi and provide a link to the Polkadotsi website
•Should not create a browser or border environment around Polkadotsi content
•Should not imply that Polkadotsi is endorsing it or its products
•Should not misrepresent its relationship with Polkadotsi
•Should not present false information about Polkadotsi products or services
•Should not use the Polkadotsi logo without permission from Polkadotsi
•Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
Polkadotsi reserves the right to modify and change their policies, at any time. Any changes will be published on our website.
Exchange and Return
Polkadotsi extends a 7-day exchange/credit note for change-of-mind on purchases. The Australian Consumer Law does not require businesses to offer change-of-mind exchange but we want to extend this generous offer to Polkadotsi customers.
Health and Hygiene Laws restrict the return of menstrual cups. These categories of Polkadotsi purchased items must be in an unused condition with all packaging intact to be considered for exchange or credit note. Used menstural cups are not refundable.
Purchased items subject to manufacturing fault will be repaired.
Purchased items subject to manufacturing fault that are deemed unrepairable at Polkadotsi’s discretion will be accepted for exchange, store credit or refund.
In which cases may I exchange/return an item
The item has a manufacturing fault
In the event that a purchased item is deemed faulty, Polkadotsi will repair the product to the intended standard if returned with the original receipt. If the item can’t be repaired, an exchange or store credit for the faulty product will be offered in accordance with your rights under Australian Consumer Law. All store credits will be valid for 3 months from the date of issue
The item doesn’t fit
If an item purchased online doesn’t fit, please email shop@Polkadotsi.com.au for a Return Authorisation number and explain the reason for exchange within 24 hours of delivery. Return item/s must be received within 7 days of notification email to email@example.com
Please note, we don’t under any circumstance accept size exchanges for our menstrual cups due to hygiene and health guidelines.
An exchange package must:
-Be clearly marked with the Return Authorisation number.
-Be in a new and unworn condition with swing tags still attached.
-Include the original order confirmation that was enclosed with your package
-Include a prepaid postbag for the return of your item/s (we recommend Express Post satchels as they can be tracked, Polkadotsi is not liable for any items lost in transit.)
- The item has a manufacturing fault
In the event that an online purchase is deemed faulty, please email shop@Polkadotsi.com.au for a Return Authorisation number and explain the reason for return. Polkadotsi will repair the product to the intended standard if returned with the original receipt. If the item can’t be repaired, an exchange or store credit for the faulty product will be offered in accordance with your rights under Australian Consumer Law. All store credits will be valid for 3 months from the date of issue.
Returned menstrual cups a must be in an unused condition with all packaging intact due to health and hygiene laws.
A Return Package must:
-Be clearly marked with the Return Authorisation number.
-Include the original order confirmation that was enclosed with your package
- We will provide a return address and shipping information to process your return.
Shipping and Delivery
We use the Australian post standard shipping with a tracking system. Sometimes, and accordingly to the value of the item ordered, we may add a signature on delivery option. The Shipping costs are borne by customers and fixed at a fair flat rate. We remind you that product pick-ups at the Polkadotsi store are free.
Up to 500g with tracking: $12.50
Up to 3kg with tracking: $15.00
From 3kg to 5kg with tracking: $25.00
From 0.0kg to 1.0kg: $25.00
From 1.0kg to 3.0 kg: $80.00
Polkadotsi strongly recommend you to provide a secure address for shipping. Polkadotsi is not responsible for items lost in transit due to the postage system or unsecure delivery address.
I did not receive my order
We require customers to wait for 14 days from the official postage date of your order to allow for postage delays out of our control.
Postage within Australia can take 7 business days and International Polkadotsi will contact Australia Post on your behalf to find out more information as to the whereabouts of your order based on the tracking number.
Polkadotsi takes all care with postage of orders. Polkadotsi is not responsible for the loss of an item in shipping or incorrect delivery information. We recommend you to track your item using the tracking number sent via email order confirmation at: http://auspost.com.au
My tracking number is incorrect
Tracking numbers are recorded when they are scanned by Australia Post and can be tracked online at http://auspost.com.au/track/. Please allow 3-4 days for the tracking number to be registered online, as it can take time for the Australia Post Systems to record your tracking number. After this period, please do not hesitate to contact the Polkadotsi Team if you have any trouble with your tracking number and we will do our best to assist you. Polkadotsi is not responsible for items lost in transit due to the postage system.
We ensure you the total privacy of your personal information. All of our customers’ information is secure in our e-commerce platform stored behind a firewall.
What we may ask for?
- Full Name
- Email address
- Phone number
- Postal address
- Date of Birth
- Any other relevant information permitting the proper conduct of our service business
Why we ask for personal information?
Providing us your personal information assists Polkadotsi in fulfilling your orders, tracking postage, retaining your preferences and offering you the best service.
In addition, you may give your consent for:
- Our e-newsletters (about new products, exclusive offers and VIP updates) or any other official messages from Polkadotsi.
- Being a part of Polkadotsi internal record database, which is never sold or used for external marketing.