[INSERT] is a platform where visitors can browse a directory with details of escorts and use the details to contact the escort externally. You would like to sign up to our services so that you can feature on our platform. Please read these terms and conditions carefully as they set out important information on how we will provide our services to you.
1. Our Disclosures
Some important points for you to know before you access the Platform are as follows:
on an ongoing basis;
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2. Introduction
1. These terms and conditions (Terms) are entered into between us and you, together the Parties and each a Party.
2. We provide a platform where visitors can browse a directory with photos, fees, availability, location and contact details of escorts (Listing), and contact the escort externaly to make a booking (Platform).
3. In these Terms, you means the person signing up to pay for a Subscription on the Platform.
3. Acceptance and Platform Licence
1. You accept these Terms by checking the box, clicking “I accept” or registering on the Platform.
2. You must be at least 18 years old to use the Platform.
3. We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cease accessing the Platform.
4. Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
a. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
b. using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
c. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
d. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
e. facilitating or assisting a third party to do any of the above acts.
4. Platform
1. We agree to provide you with the Platform in accordance with these Terms.
2. We agree to use our best endeavours to make the Platform and your Listing available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
3. Should you be unable to access the Platform, or should you have any other questions or issues impacting on your use and enjoyment of the Platform, you must place a request via email. We will endeavour to respond to any support requests in a reasonable period.
4. You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
5. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
6. To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform to be unavailable.
7. If a user clicks on your Listing, they will be able to contact you externally to the Platform. You acknowledge and agree that we are not responsible for and will not assist you with any bookings or communication you receive in response to your Listing.
8. If you would like to make any updates or amendments to your Listing on the Platform, you may do so through the Platform.
9. You agree to use your best endeavours to keep the Listing up to date.
5. Access to the Platform
1. You must register on the Platform to access the Platform’s features.
2. You must provide basic information when registering for the Platform including your name, email, phone number, date of birth, and you must choose a username and password.
3. All personal information you provide to us will be treated in accordance with our Privacy Policy.
4. You agree not to share your login details with any other person. Your login is personal and you must not transfer or provide it to others.
5. You are responsible for keeping your login details and your username and password confidential and you will be liable for all activity via your login. You agree to immediately notify us of any unauthorised use of your login.
6. Subscription
1. When you create an Account, you must also purchase a subscription (Subscription).
2. Each Subscription entitles you to one (1) Listing. You can purchase the ability to post multiple Listings by paying the Fee set out on the Platform.
3. You may purchase a Subscription by paying the Subscription fees outlined on the Platform (Fees) in advance on a monthly or weekly basis (Billing Cycle).
4. Your Subscription will automatically renew at the end of the Billing Cycle for the same period of time and you will be charged the Fees in connection with each subsequent Billing Cycle unless and until you cancel your Subscription.
5. The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
6. You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
7. Changes to your Subscription: If you wish to suspend or change your Subscription (for example, by changing the Billing Cycle) you must provide notice to us through your Account/via email that you wish to suspend or vary your Subscription at least 24 hours before the end of the current Billing Cycle. If you vary your Subscription and the Fees change, the varied Fees will apply at the start of your next Billing Cycle.
8. The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
9. We may need to change what is available as part of your Subscription (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Subscription, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Subscription. If the changes adversely affect your enjoyment of the Subscription, you may cancel your Subscription with effect from the date we apply the changes to your Subscription by providing written notice to us. If you cancel your m Subscription, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
10. We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Subscription. If the updated Fee is not acceptable to you, you may cancel your Subscription in accordance with the ‘Cancellation of Subscription’ clause.
7. Our Intellectual Property
1. You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property) will at all times vest, or remain vested, in us.
2. We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.
3. You must not, without our prior written consent:
a. copy, in whole or in part, any of Our Intellectual Property;
b. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
c. breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
8. Your Materials
1. You own all data, information or content you provide to us for use in your Listing, including your trademarks, logos and any images you provide to us (Your Materials).
2. You grant us a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence to copy, transmit, store, backup and/or otherwise access or use Your Materials that you provide to us solely for the purposes for which they were developed and solely for the performance of our obligations under these Terms, including to:
a. communicate with you (including to send you information we believe may be of interest to you);
b. supply the Platform to you, including to make your Listing available on the Platform;
c. enhance and otherwise modify your Listing;
d. perform Analytics;
e. develop other services, provided we de-identify Your Materials; and
f. otherwise perform our obligations under these Terms.
3. You agree that you are solely responsible for all of Your Materials that you make available to us. You represent and warrant that:
a. you are either the sole and exclusive owner of Your Materials or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Materials (as contemplated by these Terms); and
b. neither Your Materials nor the posting, uploading, publication, submission or transmission of Your Materials or our use of Your Materials on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to a user’s access to or clicks on your Listing, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
5. We do not endorse or approve, and are not responsible for, any of Your Materials.
6. You acknowledge and agree that the Platform and the integrity and accuracy of any Listing is reliant on the accuracy and completeness of Your Materials, and the provision by you of Your Materials that is inaccurate or incomplete may affect the use, output and operation of the Platform.
7. This clause will survive the termination or expiry of your Subscription.
9. Warranties
1. You represent, warrant and agree that:
a. you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
b. there are no legal restrictions preventing you from entering into these Terms;
c. all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
d. you have all necessary authorities and licences to make a Listing and Account on our Platform and provide the services described in your Listing.
10. Termination
1. Cancellation of Subscription: You may request to cancel your Subscription at any time by notifying us via email or via ‘cancel my subscription’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle.
2. A Subscription will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
a. the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
b. the Defaulting Party is unable to pay its debts as they fall due.
3. Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
4. We may remove any Listing which is in breach of, or we suspect is in breach of, these Terms or of any laws.
5. Upon expiry or termination of your Subscription:
a. your Account and Listing/s will be deleted;
b. where we terminate your Subscription as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.
6. Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
7. Termination of a Subscription will not affect any rights or liabilities that a Party has accrued under these Terms.
8. This clause will survive the termination or expiry of your Subscription.
11. Liability
1. Despite anything to the contrary, to the maximum extent permitted by law:
a. you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms;
b. neither Party will be liable for Consequential Loss;
c. each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
d. our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you.
12. General
1. Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
2. Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
3. Entire Terms: These Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
4. Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
5. Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
6. Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you sign up to the Platform. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
7. Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
8. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
9. Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
13. Definitions
1. Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
2. Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
3. Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us
