FREQUENTLY ASKED QUESTIONS AND DATE CRATE TERMS OF USE

Effective Date of Current Policy: February 1st, 2017   Date Crate (“we” or “us”) operates the website located at https://datecrateaust.cratejoy.com (the “site”). 

The following terms and conditions (the “Terms of Use”) govern your access to and use of the site. Please read the Terms of Use carefully before you use the site. By using the site, you agree to these Terms of Use, including our Privacy Policy, found at Privacy Policy without qualification or limitation. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the site.   

PRIVACY

Date Crate is committed to helping you safeguard your privacy. Please review our Privacy Policy for details about how we collect, use, and disclose your information. By using the site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ELECTRONIC COMMUNICATION

By accessing, browsing or using the site, submitting your information through the site, or communicating with us through the site, you consent to receive communications from us by e-mail.    All information about you must be truthful, and you may not use any aliases or other means to mask your true identity.    Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorised use of the site under such access codes or passwords.    We may suspend or terminate your access at any time with or without notice if we feel there is reasonable doubt to the usage on your account.      

USER ACCOUNTS

Date Crate requires that users create accounts containing usernames, passwords, email addresses and other confidential information. This information may be used exclusively by Date Crate in an effort to create, manage and deliver certain products available on the site. By creating an account you acknowledge that all information is true, and that you have not, and will not hold duplicate user accounts. Date Crate will not be responsible for duplicate charges, or product delivery that comes as a result of households having multiple accounts.   

THE SUBSCRIPTION CONTRACT BETWEEN YOU AND US 

Date Crate offers various subscription types: including re-billable monthly subscriptions (“Monthly Subscriptions”); prepaid three month, six month and annual subscriptions as well as prepaid gift subscriptions of three, or six months. Each subscription will ship out on the 1st working day of each calendar month,   

AUTOMATIC RENEWAL TERMS 

With respect to Date Crate subscriptions subject to automatic renewal, you agree that Date Crate may submit periodic charges (e.g., monthly) to your chosen payment method without further authorisation from you, until you provide prior notice that you wish to terminate this authorisation or to change your payment method. You agree that such notice will not affect charges submitted before Date Crate was notified. Renewals will occur on the 15th of the respective calendar month.   

MONTHLY SUBSCRIPTIONS 

By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by Date Crate after the expiration date of your payment card. Your monthly subscription charge includes all postage costs.   

AUTOMATIC MONTHLY RENEWAL TERMS 

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged on the 15th of each calendar month period at the then-current subscription rate until you cancel your Monthly Subscription renewal.   

CANCELLATION POLICY FOR MONTHLY SUBSCRIPTION RENEWALS

To cancel your Monthly Subscription at any time, you may (i) logon to your account and follow the cancellation procedures there, or (ii) send us a message at datecrateaust@gmail.com and we will do it for you who can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term.    

REFUND POLICY FOR MONTHLY SUBSCRIPTIONS 

Upon initial purchase, a monthly subscription may be refunded and cancelled prior to the 15th of the month as long as cancellation is within 24 hours following the subscribers initial purchase. Refunds cannot be granted once the 24 hour period or the 15th of the month has passed. With respect to monthly subscription renewals, refunds may not be granted once a subscription plan has renewed. All cancellations must take place prior to renewal date. Cancellations received after the 15th of the month will only take effect on the subscribers next scheduled renewal.

PREPAID THREE & SIX MONTH SUBSCRIPTIONS 

By purchasing a Pre-paid Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for either three, or six months of service and a recurring Subscription renewal fee at the then-current Subscription rate of your selected plan, and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Date Crate after the expiration date of your payment card.   

AUTOMATIC THREE & SIX MONTH SUBSCRIPTION RENEWAL TERMS

At the end of each subscription term, your subscription will be automatically extended for another term and your payment method will automatically be charged the renewal fee at the then-current Subscription rate of your plan, until you cancel your Subscription renewal.   

CANCELLATION POLICY FOR THREE & SIX MONTH SUBSCRIPTION RENEWALS

You may only cancel your current Subscription plan during the first month of the subscription. To cancel your three or six month Subscription prior to renewal of your current subscription term you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at datecrateaust@gmail.com and we will do it for you. To cancel your three or six month subscription renewal during the first month of it’s term, you may send us a message at  datecrateaust@gmail.com and we will cancel the remaining months of your term for you.** Please note that the first month of your renewal will not be eligible for cancellation or refund, and you will still be shipped that month’s product**.   

REFUND POLICY FOR THREE & SIX MONTH SUBSCRIPTIONS 

Three and six month plan renewals cancelled during the first month of it’s term may be refundable at the discretion of Date Crate. If a refund is granted, subscribers may be refunded for the remaining month’s of the subscription terms. Refunds will be given on a pro-rated basis (2 of 3, or 5 of 6 months). If cancellation occurs after the initial month and after the 15th of the second calendar month, refund will not be granted. Subscriptions may be transferred and mailed to a second recipient if subscriber no longer wants to receive goods.   

RETURNS, EXCHANGES, & REPLACEMENTS 

Returns, exchanges & replacements may be granted at the sole discretion of Date Crate. If you need assistance, reach out in a reasonable amount of time to datecrateaust@gmail.com to present your request. Missing product - Date Crate will replace product missing from a date. During the normal course of operations, sometimes items are missed. If this happens, reach out to the support email address above and notify our team. Missing prints or booklets will be sent as a PDF via email in an effort to allow you to use your product as soon as possible. Reship requests will be tracked and Date Crate reserves the right to refuse reships or replacements for any reason at it’s sole discretion. Returns & Exchanges - may or may not be granted at the sole discretion of Date Crate on a case by case basis. Exchanges and refunds will not be given for dissatisfaction of the date activity. Date Crate is not responsible if users are sent duplicate product due to having multiple accounts with Date Crate. Returning a product to Date Crate without authorisation will not result in a refund or exchange, and you will be responsible for any additional shipping charges that are incurred by Date Crate as a result. Refused Shipments - users agree not to refuse shipments from Date Crate. Refusing a shipment for any reason will not result in cancellation of a subscription plan, nor will it trigger a refund. Date Crate assumes no responsibility and liability for any refused shipments and additional shipping charges may apply.     

GIFT SUBSCRIPTIONS

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.    We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy. Date Crate gifts are redeemable by recipients throughout Australia only.

Gift subscriptions cannot be returned or exchanged and there will be no refunds or credits for any unused portion of a gift subscription. Date Crate is not responsible for lost or stolen gift vouchers.

Date Crate assumes no responsibility for incidents concerning injury, health risks, and or other damages from the use of Date Crate or our gifting service. Gift subscriptions hold no monetary value and may not be redeemed for any cash value or cash value equivalent. By using Date Crate, you agree to ongoing communication from Date Crate.  

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 


YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE site IS AT YOUR OWN RISK. THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DATE CRATE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation of Liability. IN NO EVENT WILL DATE CRATE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.   

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless Date Crate, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (1) your use of any product within the Date Crate box, (2) your use of the site, including use of its content, or (3) your violation of these Terms of Use, our Privacy Policy, any other terms or rules applicable to the site, any rights of any other person or entity, or any applicable laws, rules or regulations

ENTIRE AGREEMENT

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and Date Crate with respect to the site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.