AGREEMENT BETWEEN Friends/USERS/Clients AND www.DukesofDaisy.com
The www.DukesofDaisy.com Web Site is comprised of various Web pages operated by DukesofDaisy.com.
The www.DukesofDaisy.com Web Site is offered to you on condition of your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the www.DukesofDaisy.com Web Site constitutes your agreement to all such terms, conditions, and notices.
It is agreed as follows:
‘You’ meaning, the client
‘Friend‘ meaning, the person(s) hired by the client
‘We’ meaning, the operators of www.DukesofDaisy.com named as Dukes of Daisy
1. The Friend must at all times notify Dukes of Daisy of any changes to their contact details or any other information that would be required to keep our records relevant.
2. We agree not to sell or distribute your personal details with any third parties.
3. This agreement shall come into effect from the date of acceptance of creating your account as an Friend-to-Rent and/or the hiring of a by the client. Your agreement to these conditions herein by www.DukesofDaisy.com and shall continue until cancellation of your listing as a Friend-to-Rent or as a client booking an Friend.
4. Dukes of Daisy have the right to amend the website at any time.
5. You/Friend/User’s agree that you will not, under any circumstances, bring Dukes of Daisy into disrepute and use the website in a method that it was not intended or attempt to access information from the website by unlawful or unauthorised means such as; manipulating the code i.e hacking, making use of account credentials that do not belong to you without prior consent of the owner.
5.1. You/Friends/User’s agree not to post illegal or explicit content or images; content/images that may be deemed illegal in your country/state/region. I.E promoting prostitution/escorting is a breach of this agreement and will result in the immediate removal of your listing/profile. Should such a breach of contract be proven without reasonable doubt, then you agree not be entitled to a refund in any capacity.
6. Dukes of Daisy will promote your Rent-a-Friend listing/profile to potential Clients through our website, who may or may not choose to book you for their events/occasions/excursions/hang-outs; on the basis that the bookings are strictly in accordance with this agreement.
6.1. The client and Friend both agree that under no circumstances will he/she attempt to touch, grab, kiss or verbally suggest/hint at intimacy of any kind before, during or after the booking has ended. Bookings are strictly non-sexual and companions are hired to provide a ‘rent a friend’ service. This means physical boundaries must be respected at all times by both parties. Should the client breach this, then the Rented Friend has the right to terminate the booking early and the client agrees to void all rights to any refund from the rented Friend and DukesofDaisy.com.
7. After registration you may request that your details be removed from our database at any time and with immediate effect. Dukes of Daisy also retains the right to cancel your subscription with immediate effect should we deem it necessary.
7.1. In such scenarios where we might cancel your subscription include but are not limited to; where a Friend is found to be selling sexual or otherwise illegal services, when a Friend is repeatedly uncontactable for requested bookings, where a Friend has repeated negative feedback from clients, when a Friend does not turn up for a pre-arranged booking.
8. Nothing in the agreement creates a partnership, or the relationship of employer and employee between the parties involved.
9. We at Dukes of Daisy stress that in no way shall we be responsible for any incident in any form whatsoever that may occur with a a Rented Friend, Client or both. Both the Friend and the Client are responsible for their own actions at all times before, during and after the date. It is the responsibility of the Client to propose a safe place to meet the Friend.
10. Dukes of Daisy does not guarantee the number and frequency of bookings, this will depend purely on demand and the appeal of the Friends profile to potential Clients.
11. Dukes of Daisy operate on a strict booking cancellation policy whereby we must receive notification of a cancellation at least 24 hours prior to the booking date. If this does not occur; i.e the Friend not turning up for a booking or not giving enough notice to cancel/rearrange a booking, then the Friend will be liable to pay the booking deposit to reimburse the clients original deposit.
11.1. Deposits taken from clients are considered fees for arranging the booking with a managed Friend; any deposits taken from the client to secure/arrange a booking are strictly non-refundable. Should the client change his mind and cancel the booking 24 hours prior to the booking date; then the deposit will be transferrable to future bookings. If the client cancels the booking within 24 hours for any reason, the deposit will be held and cannot be transferred to any future bookings; in this case the client will need to make another deposit. Once the Friend turns up for a booking, the deposit/fee is no longer transferrable. This includes but is not limited to the booking being terminated early for any reason by either client or Friend; the deposit is simply for arranging and securing the booking and nothing else. See 12.1 for reasons the booking may be terminated early.
11.2. If the Client cancels a booking within 24 hours; the deposit paid by the client cannot be transferred to another booking. Additionally, once a client has paid the deposit and the booking is initiated by the Friend arriving – the deposit is no longer refundable. Any issues arising from the booking are between the client and Friend once the booking is initiated by both parties attending/meeting.
12. Dukes of Daisy only promotes Friends for the purposes of social companionship only, we do not promote any kind of sexual or escorting services. Both the Friend and Client should under no circumstances offer, promote, or accept payment of any kind for such services.
12.1. Both client and Friend agree that bookings are strictly plutonic; No kissing, touching, grabbing, stroking or any suggestive behaviour that implies intimacy is permitted. Should the client breach these rules and make the Friend feel uncomfortable in anyway, then the Friend is within his or her rights to terminate the booking early whilst retaining the full amount paid by the client. Under these circumstances the client is not entitled to a refund of any kind from www.dukesofdaisy.com or the rented Friend.
13. Following payment of the chosen subscription package, the fee will only be refundable if the Friend has chosen a managed package and before their listing/profile goes live. Once your Friend listing/profile is live, you agree to waive your right to any refunds. Listings/Profiles take between 1-48 hours for approval, depending on the subscription level chosen at checkout.
14. Dukes of Daisy will notify the Friend of the expiration of their subscription package. The Friend will then have the choice to re-subscribe with Dukes of Daisy. We do not store your card details and will not take any payments automatically unless pre-agreed. In the event that the Friend who has signed up to a managed package has not received a booking during the course of their listing, then we will renew (at the request of the friend), your listing for no additional cost. In this instance, our commission will increase to 50% for your next booking, then return to 30% upon successful completion of that booking. The friend can opt to subscribe to another listing period in order to take advantage of a 30% commission rate.
www.DukesofDaisy.com reserves the right to change the terms, conditions, and notices under which the www.DukesofDaisy.com Web Site is offered, including but not limited to the charges associated with the use of the www.DukesofDaisy.com Web Site.
LINKS TO THIRD PARTY SITES
The www.DukesofDaisy.com Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of www.DukesofDaisy.com and www.DukesofDaisy.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. www.DukesofDaisy.com is not responsible for webcasting or any other form of transmission received from any Linked Site. www.DukesofDaisy.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by www.DukesofDaisy.com of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE PERMITTED
As a condition of your use of the www.DukesofDaisy.com Web Site, you warrant to www.DukesofDaisy.com that you will not use the www.DukesofDaisy.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices as well as any local laws within your region/state/country. You may not use the www.DukesofDaisy.com Web Site in any manner which could damage, disable, overburden, or impair the www.DukesofDaisy.com Web Site or interfere with any other party’s use and enjoyment of the www.DukesofDaisy.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the www.DukesofDaisy.com Web Sites.
USE OF COMMUNICATION SERVICES
The www.DukesofDaisy.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.
www.DukesofDaisy.com has no obligation to monitor the Communication Services. However, www.DukesofDaisy.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. www.DukesofDaisy.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
www.DukesofDaisy.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in www.DukesofDaisy.com’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. www.DukesofDaisy.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, www.DukesofDaisy.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized www.DukesofDaisy.com spokespersons, and their views do not necessarily reflect those of www.DukesofDaisy.com.
Materials uploaded to a Communication Service may be subject to posted limitations on wwwge, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO www.DukesofDaisy.com OR POSTED ON www.DukesofDaisy.com WEB SITE
www.DukesofDaisy.com does not claim ownership of the materials you provide to www.DukesofDaisy.com (including feedback and suggestions) or post, upload, advertise, input or submit to any www.DukesofDaisy.com Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, advertising, inputting, providing or submitting your Submission you are granting www.DukesofDaisy.com, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. www.DukesofDaisy.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in www.DukesofDaisy.com’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE www.DukesofDaisy.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. www.DukesofDaisy.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE www.DukesofDaisy.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE www.DukesofDaisy.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
www.DukesofDaisy.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE www.DukesofDaisy.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. www.DukesofDaisy.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT :
www.DukesofDaisy.com reserves the right, in its sole discretion, to terminate your access to the www.DukesofDaisy.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the www.DukesofDaisy.com Web Site. Use of the www.DukesofDaisy.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and www.DukesofDaisy.com as a result of this agreement or use of the www.DukesofDaisy.com Web Site. www.DukesofDaisy.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of www.DukesofDaisy.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the www.DukesofDaisy.com Web Site or information provided to or gathered by www.DukesofDaisy.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and www.DukesofDaisy.com with respect to the www.DukesofDaisy.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and www.DukesofDaisy.com with respect to the www.DukesofDaisy.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
MODERN SLAVERY ACT
www.DukesofDaisy.com is fully aware that modern slavery is a serious crime that can take many forms including but not limited to forced labour, slavery, human trafficking and sex trafficking.
www.DukesofDaisy.com has a zero tolerance approach to Modern Slavery both in it’s own business and in dealing with clients, where such clients are allowed to post content onto the www.DukesofDaisy.com website. Any instances or suspected instances of Modern Slavery that is detected/reported to the operators of the www.DukesofDaisy.com website will be fully investigated and any findings passed onto the relevant authorities in the region.
The operators of the www.DukesofDaisy.com website conduct an appropriate level of due diligence on any clients who post content to the website to ensure that any content is not in breach of the Modern Slavery act.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the www.DukesofDaisy.com Web Site are Copyright of DukesofDaisy.com 2019 and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.