Terms & Conditions

TERMS & CONDITIONS

IMPORTANT -- READ CAREFULLY: BY PURCHASING A BOX SET, CREATING AN ACCOUNT OR BY UTILIZING THE SEKSME WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the Seksme website. Your use of our website is subject to these Terms & Conditions and our Privacy Policy (collectively, the “Terms & Conditions” or “Agreement”). These Terms & Conditions are a legal agreement between You and Seksme (“Seksme”), for use of the Seksme website. “You” refers to any individual who is using the Seksme website.

We refer to Fz Twentytwo, the Seksme Website and the Products collectively in these Terms as the “Services.” The Services may contain information, data, text, written posts and comments. (collectively, “Content”).

By using any of the Services, You acknowledge that You have read, understood, and agree to be bound by and comply with these Terms. If You do not agree with the terms of this Agreement, do not use the website. Seksme reserves the right to update and change the Agreement without notice or acceptance by You. Please check back from time to time to ensure You are aware of any changes to these Terms. Your continued use of our website will signify Your acceptance of these changes.

This version of the Agreement is effective as of the latest date indicated in the Change Log below.

SMS Messaging Terms & Conditions
Effective Date: Dec 06, 2023

This SMS message program is a service of seksme.com. Seksme comply in all respects with the Telephone Consumer Protection Act of 1991 and implement all regulations issued by the Federal Trade Commission the Federal Communications Commission, as applicable (collectively, the “TCPA”), the national Do Not Call list registry rules, state laws, rules and regulations that relate to automated phone call and text messaging and the CTIA’s Messaging Principles and Best Practices (the “CTIA Principles”, collectively, the “Text Messaging Rules”), and will ONLY ever send SMS to Customers who have explicitly opted in to request them with valid express written consent prior to sending any text message. Please see Cancellation section below for SMS opt-out instructions.

By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from seksme.com. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give seksme.com permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. seksme.com reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. seksme.com also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. seksme.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the seksme.com messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our seksme.com Terms of Use and seksme.com Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that seksme.com and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from seksme.com through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF seksme.com OR ANY PARTY ACTING ON BEHALF OF seksme.com BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO seksme.com HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF seksme.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE seksme.com MESSAGING PROGRAM. seksme.com AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless seksme.com, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from seksme.com or its service providers.

Dispute Resolution

1.    General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from seksme.com or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND seksme.com ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.

2.    Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or seksme.com to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.

3.    Arbitrator. Any arbitration between you and seksme.com will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

4.    No Class Actions. YOU AND seksme.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and seksme.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and seksme.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

5.    No Class Actions. YOU AND seksme.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and seksme.com agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

6.    Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if seksme.com makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to seksme.com’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and seksme.com.

7.    Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from seksme.com after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and seksme.com concerning the Messaging Program.
Contact

1. Services

Seksme grants You a non-exclusive, non-transferable, revocable license to use the Services, for Your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. Seksme reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the availability of any feature or Content) with or without notice at any time. You agree that Seksme shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.

Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate Your license to use the Services, in whole or in part, without providing any refund if we determine, in our sole discretion, that You have breached or violated any of the provisions of these Terms.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without prior written permission from us.

2. Purchasing the Seksme Box Set

3. Contract Formation

All orders made by You through the Seksme website to purchase a Seksme Hands On Experience Box Set are subject to acceptance and availability. We may choose not to accept Your order for any reason.

The price of the Box Set is correct at the time of entering information, however, we reserve the right to change the price without prior notice (although we will inform You if any such price change affects Your order).

For the avoidance of doubt, no contract will exist between You and Seksme for the sale of the Seksme Box Set by Seksme to You unless and until Seksme sends You an e-mail confirming that it has dispatched Your product.

3.2 Acceptance of Your order

Please note that completion of the online checkout process does not constitute Seksme’s acceptance of Your order. Our acceptance of Your order will take place only when we dispatch the product(s) that You ordered from us.

If You supplied us with Your email address when entering Your payment details (or if You have a registered account with us), we will notify You by email as soon as possible to confirm that we have received Your order. During the checkout process, You will be asked to complete Your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store Your information, using an encrypted secure payment mechanism and will only use Your information in accordance with our Privacy Policy.

All card payments are subject to authorisation by Your card issuer and we take payment when we accept Your order shortly before dispatch. If Your payment is not received and You have already received the products You ordered from us, You must pay for the products or return those products to us in accordance with reasonable return instructions that we provide to You and in the same original unopened plastic packaging at Your own expense.

If You do not do this within 30 days of the date on which we cancel Your order, we may collect or arrange for collection of the products at Your expense. We reserve the right to charge You for any and all damage to (or other adverse interference with) any products that are the subject of an unpaid order. If Seksme cannot supply You with the product or service You ordered, we will not process Your order, inform You of this in writing (including e-mail) and, if You have already paid for the product or service, refund You in full as soon as reasonably possible.

3.3 Payments

We only accept payments in US Dollars (USD). The Seksme Hands On Experience Box Set is currently available to customers based in the United States only.

We accept all major debit and credit cards including MasterCard / Visa / American Express / Diners Club / Discover / JCB / UnionPay as well as PayPal payments.

3.4 Cancellation

To cancel a contract in accordance with Your legal right to do so, You just need to let us know that You have decided to cancel. 

4 Registration to Your Account

In order to use the Members’ Area section of the website, You must have a valid Account. To acquire an Account for the Service, You must provide Seksme with an electronic mail address and other information ("Registration Data"). You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Seksme of any unauthorized use of Your Account or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Seksme cannot and will not be liable for any loss or damage arising from Your failure to comply with this section.

In consideration of use of the Service, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Any abusive sharing of member login access detected will result in all related accounts being instantly banned.

We reserve the right to delete any dormant account after 2 years of non-activity

5. Proprietary rights

Any material found within the pages of Seksme, including text or graphics, photographs, images, artwork, and the contents, design, layout, functions, appearance and other intellectual property may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for Your own personal non-commercial use. You hereby agree not to adapt, alter or create any derivative work from any of the material contained in this site. In addition, the material cannot be used for any other purpose other than for Your own personal and non-commercial use.

6. Disclaimers and limitations of liability

(a) You assume all responsibility and risk for Your use of the Services. The Services, including any products, are provided “as is” without representations or warranties of any kind, either express or implied, including warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.

(b) While we make good faith efforts to include substantially accurate information in the Services, errors or omissions may occur. If we receive notice of errors or omissions, we will make reasonable efforts to correct them in due course; but we make no representations or warranties regarding the accuracy, completeness, performance, currency, or fitness for a particular purpose of the Services, that the services will meet Your requirements, or as to the results that will be derived from using any of the information included in the Services.

(c) In no event shall Seksme or its affiliates be liable for any indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with Your use of, delay in using, or inability to use the Services. Our liability for any direct damages shall be limited to the amount of fees You have paid for the Products giving rise to such liability.

(d) You assume all responsibilities and obligations with respect to any decisions, advice, conclusions or recommendations made or given as a result of the use of the Services, including without limitation any decision made or action taken by You in reliance upon products.

7. Proper use

You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party, such restriction or inhibition includes, without limitation, conduct which is unlawful.

Seksme does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e. only the users You specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.

You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Seksme, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account.

Seksme takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does Seksme have any obligation to monitor such third-party Content. Seksme reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms and Conditions.

Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Sekmse's sole discretion as to what action should be taken. You agree that You will not:

(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) use the Services so as to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or provide inaccurate information;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships;

(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", including but not limited to (a) sending mass email to recipients who haven't requested email from You or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting Your site by posting multiple submissions in public forums that are identical;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(j) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;

(k) "stalk" or otherwise harass another;

(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

(m) offer for sale or sell any item, good or service;

(n) exceed the scope of the Service that You have signed up for; for example, accessing and using the tools that You do not have a right to use, or having humans share User logins, or deleting, adding to, or otherwise changing other people's comments or User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these Terms, Seksme retains the right to terminate such account at any time without further warning.

8. External websites

The Services may contain links to external websites that we do not operate. We are not responsible for the content of any such websites, and You should direct any concerns regarding such websites to their respective site administrators or webmasters.

9. Jurisdiction

These Terms and Conditions are governed by the laws of England and Wales.

10. Data Protection

Seksme is compliant with the General Data Protection Regulation (GDPR) (EU) 2016/679.

11. Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms. By using any of the Services, You acknowledge and consent to Seksme’s collection and use of information as set forth in the Privacy Policy.

Our Privacy Policy explains how we collect, use and store Your personal information, including who we may share it with; how long we keep it; the circumstances in which we, or others, may contact You (including sending You advertising and marketing messages); and what rights You have in relation to Your personal information.

We also use cookies or similar technologies to store certain types of information each time You use our site. You can find out more information about how we use cookies and other similar technologies in our Cookie Policy.

13. How to contact us

If You have any questions about this Agreement or our site in general, please go to the Contact Us section of the website or send an email to customercare@seksme.com.

* Amazon.com is a registered trademark of Amazon Services LLC

Change Log

06 Dec2023: started logging changes to Terms and Conditions for greater transparency.