Advertiser Terms and Conditions of Use

 

IF YOU INTEND TO REGISTER, YOU MUST BE OVER 18 YEARS OF AGE – PLEASE TAKE YOUR TIME TO READ THESE TERMS AND CONDITIONS BEFORE YOU USE THE ESCORTS AU ADVERTISING PLATFORM.

These Terms will govern your use of the facilities offered on the EscortsAU Site (“Facilities”), and form the required contractual agreement between you and EscortsAU. For that reason, these Terms are important and you should read them carefully before you register and use these facilities.

By registering to use the EscortsAU site, you agree that you have had sufficient chance to read and understand these Terms and that you agree to be bound by these Terms. You acknowledge and agree that these Terms incorporate the Website Terms of Use, the Privacy Policy, and the Replacement and Refund Policy.

You warrant that you are at least 18-years of age.  If you are under 18 years of age, you are not allowed to create an account or otherwise access the Site.  Escorts AU specifically prohibits the use of the Site by persons under the age of 18.

If you do not agree to these Terms, you must not access or use the Escorts AU Site.

 

1. Scope of Services

Escorts AU provide an online advertising platform for the publication and display of advertising of prostitution services and social escort services in Australia.

Registering for membership on the Site allows you to have your advertisement published and displayed on the Site subject to these Terms (Facilities)

Escorts AU does not become a party to any communications, posts, promises, proposals, resulting contracts or transactions entered into by you and users of the Site or the performance under such resulting contracts or transactions by users and the advertisers on the Site.

Escorts AU cannot ensure or guarantee that a user of the Site will complete a contract or transaction.

You must undertake Your own independent due diligence prior to contracting with users of the Site and ensure that You implement safety procedures whilst dealing with those users.

You hereby release Escorts AU (and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the Services, or any dispute you may have with any users of the Site, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance of any obligations of those users and payments for any services rendered.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, for any reason, with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof, including your ability to generate revenue through the Services.

 

2. Account and security

By registering to the Site and Facilities, you agree that all information provided during the registration process is true and accurate and you will update this information regularly in order to keep it current, complete, and accurate.  It is prohibited to use false information or to impersonate another person or company through your account.

When you register to the Site for the Facilities, you are provided with a user account and password. You must treat such information as confidential and must not disclose it to any third party. If You have reason to believe that your account or password has been obtained by someone else without your consent, you must inform Us immediately to disable Your account.

We will not be liable for any losses associated with Your account being compromised and Your personal information being made publicly available. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

You acknowledge and agree that all advertisements are public and You are responsible for any information that You choose to display publicly through Your advertisement. Escorts AU have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these Terms.

Nothing in these Terms, nor You creating an account or using our Services, creates any partnership, joint venture, employment, or franchisee relationship between You and Escorts (AU).

We may terminate or suspend Your account (and any related accounts) and Your access to the Services at any time, for any reason, and without advance notice.

We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on You, including Your income or Your ability to generate revenue through the Services.

3. Advertising Content

The Services may contain information, text, links, graphics, photos, videos, or other materials including content created with or submitted to the Services by you or through your Account (“Advertiser Content”). We take no responsibility for and we do not expressly or implicitly endorse any Advertiser Content.

By submitting Advertiser Content to the Services, you represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Advertiser Content contained within these Terms. Because You alone are responsible for Advertiser Content, you may expose yourself to liability if you post or share Advertiser Content without all necessary rights.

 

4. Advertising available and costing

All Fees and Charges for registering and using the Escorts AU advertising platform and facilities are payable in Australian dollars.

Unless expressly stated otherwise, all prices and advertised fees and charges are inclusive of GST.

We reserve the right to update Our advertisement types and fees from time to time and in our absolute discretion. We will notify advertisers of any changes to Our advertisement types and fees 14 days before we roll out updates by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for advertisers in our records.

 

5. Payments

All financial transactions processed by EscortsAU and clients, are conducted onshore in Australia with the ANZ bank.

Payments (cleared funds) must be received by Escorts AU before the advertisement is published and displayed on the Site. Advertising periods commence from the date payment (cleared funds) for your advertisement is received by Escorts AU.

You will be notified by Escorts AU prior to the expiration of the relevant advertising period so that you can choose to purchase a further advertising period. If you choose not to purchase a further advertising period, Escorts AU may remove your advertisement from the Site until such a time that you purchase a further advertising period.

Escorts AU may decide, at our option and in our sole discretion, to offer you a free period of advertising as part of any promotional campaign. In such cases, we will notify you when the complimentary advertising period will commence and finish.

Any payments are made through the relevant payment gateways. Escorts AU is not responsible or has any control over any third-party payment gateways. You acknowledge and agree that Escorts AU will not be liable for any loss or damage arising out of their use of a third-party payment gateway. Escorts AU advises that you should read and understand the terms and conditions of any third-party payment gateway prior to using them.

 

6. Your Advertisement and its Material

You must not incorporate any information into Advertiser Content:

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that is unsolicited, undisclosed or unauthorized advertising;
  • that infringes the intellectual property or other rights of any person;
  • that is illegal or violates any laws or regulations;
  • that is involuntary pornography;
  • that is sexual or suggestive content involving minors;
  • that is personal and confidential information; or
  • that impersonates an individual or entity in a misleading or deceptive manner.

You agree to keep all records required to establish that Your Advertising Material does not violate any applicable laws and requirements. You must make such information available upon Our reasonable request. You must familiarise yourself with your state laws for advertising.

Any opinions, advice, statements, services, offers, or other information incorporated into your advertisement are those of the respective advertiser and not of Escorts AU.

You retain ownership of your intellectual property in any Advertisement (if any). You grant to Escorts AU a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Advertisements for use in connection with providing the Facilities, including without limitation for promoting and redistributing part or all of the Advertising Platform (and derivative works) in any media formats through any media channels.

You also grant each user of the Site a non-exclusive licence to access and view your Advertising Material through the Site.

The licences to Escorts AU and each user of the Site terminates within a commercially reasonably time after Escorts AU removes the Advertiser Content from the Site.

We reserve the right to remove your Advertisement or terminate your membership without notice at any time if you breach these Terms.

Our decision is final and we reserve the right (but assume no obligation) to edit, retract or delete the Advertisement that we consider unacceptable or inappropriate, or for any other reasons, which we disclose at our discretion and convenience.

You will be responsible for all aspects of the production of the Advertised Material and abide by the terms in Prohibited Use set out below.

Please be aware that all Advertisements you place are subject to any restrictions of each relevant State or Territory. If you are unsure of what you can and cannot include in your advertisement, please click here for the details of the rules from each State and Territory.

 

7. Changes and Modification Timeframes

We moderate Advertisers Content before advertisements are published and displayed on the Escorts AU advertising platform.

New advertisements and any changes to advertisements will be moderated during business hours, apart from all gazetted Australian public holidays.

Escorts AU does not guarantee any moderation time frame and will not be liable for any loss or damage due to any delays during the moderation process. The Escorts AU advertising platform is designed to allow You to manage, modify or change the following information at any time of the day :

  • Your Trading times.
  • Your Service fees.
  • Your Services provided.
  • Photos (from you approved photo library)
  • Carousel Move
  • Premium Add
  • Ready Now

However, the introduction of the following must be moderated by Escorts AU, and may take up to 12 business hours to be published:

  • New Photos
  • Modification to advertisement’s wording or spiel

 

8. Prohibited Use

In addition to the Prohibited Use outlined in the Website Terms of Use, the following prohibited conduct and use apply to advertisers:

  • non-compliance with the requirements under Advertiser Content;
  • using the Site or Facility as a minor;
  • posting or transmitting any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
  • creating any advertisements and Advertiser Content that is fraudulent, defamatory or infringing any intellectual property rights, confidentiality, or privacy of any person;
  • impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • posting or transmitting any material or information which is out of date, inaccurate or misleading;
  • posting or transmitting any unsolicited advertising or promotional materials;
  • attempting to gain unauthorized access to another user’s account or to the Services (or to other computer systems or networks connected to or used together with the Services);
  • uploading, transmitting, or distributing to or through the Site any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
  • using the Site in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site in any manner; or
  • sharing private or personally identifying information obtained from the Site, either directly or indirectly.

You must notify Us of any conduct that You regard to be prohibited conduct or use under these Terms by emailing Escorts AU at info@escortsau.com.au Escorts AU reserves the right, at its option, to undertake any remedial action it deems necessary, including editing, retracting or deleting any content or advertising content or suspension and termination of access to the Site or Facility.

 

9. Disclaimer

The Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Escorts AU does not control, endorse, or take responsibility for any content available on or linked to the Services.

This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access.

Or alteration of or use of record in connection with the use or operation of the Site or Facilities, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

Escorts AU make no representations or warranties of any kind, express or implied, about:

  • any alteration, loss or misuse of any content or information You submit to the Site, including Advertiser Content;
  • specific or guaranteed distribution or extent of distribution for your advertisements;
  • the accuracy, adequacy or completeness of Advertisements, nor do we undertake to keep Advertiser Content updated;
  • the completeness, accuracy, reliability, suitability or availability with respect to the Facility for any purpose; or
  • the quality, safety, or legality of any Advertiser Content, or any items or services advertised via our Services

Any reliance you place on such information is therefore strictly at your own risk.

We do not endorse any of your Advertiser Content and expressly disclaim any and all liability in connection with them. We do not confirm and verify Advertiser Content. In no event shall we be liable for any claims by a user or any third party pursuant to the Competition and Consumer Act 2010 including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any Advertiser Content. It is your sole responsibility to ensure the accuracy of the data inputted into Advertiser Content.

We are not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and You release Us from any and all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if You are meeting someone in person.

Our Services may contain links to third-party websites or services that we don’t own or control When you access these third-party services, you do so at your own risk.

 

10. Intellectual Property

Escorts AU owns or holds a licence to all intellectual property rights in the Site (text, graphics, logos, icons, sound recordings and software, and trade marks) excluding Advertiser Content.

Nothing in these Terms constitutes a transfer of any intellectual property rights from Escorts AU to you.

You must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or commercialise any information, products or services obtained from any part of the Site without Escorts AU prior written consent.

You are permitted to use the Site only as authorised by Us. As an advertiser, you are granted a limited, non-exclusive, revocable, non-transferable right to display your Advertiser Content on the Site as part of the Facility and subject to these Terms.

You must not use any of our intellectual property:

  • in any Advertiser Content;
  • in or as the whole or part of your own trademarks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including this Site).

 

11. Limitation of Liability and Indemnity

You agree that Escorts AU shall not be liable for any damages suffered as a result of using the Site or Facility or meeting any users of the Site. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against Escorts AU for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site or facility.

As a condition of your access to and use of the Site and Facilities, you agree to defend, hold harmless, and indemnify Escorts AU and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

  • your access to and use of the Site and Facilities, including any payment obligations incurred through the use of the Facilities; or
  • your breach of these Terms and any applicable law or the rights of another person or party;
  • any breach of contract or other claims made between users and advertisers; or
  • any liability arising from the tax treatment of payments or any portion thereof.

This indemnification survives the expiration or termination of these Terms.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms are excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.

However, Escorts AU liability will be limited to the term and conditions of our Exchange or Refund Policy.

 

12. Exchange or Refund Policy

This Exchange or Refund does not apply to you if:

  • your advertising has gone live on our Site but you have simply changed your mind, decided you did not like the advertising or had no use for it, or found cheaper advertising elsewhere;
  • ​you have breached our Advertiser Terms or any applicable law and regulation;
  • you asked for advertising to be done in a certain way against our advice or were unclear about what you wanted; or
  • any or all of our products are temporarily unavailable.

You can seek an exchange or refund by:

  1. notifying Escorts AU about your request as soon as possible and before:
    1. your advertising goes live; or
    2. your membership registration becomes active; and
  2. providing Escorts AU with sufficient information to assess your exchange or refund request, e.g. any errors that require correction.

An Escorts AU representative will contact you to determine whether to authorise an exchange or refund within 30 days from the date of your request. Escorts AU reserves the right, at its option, to authorise refunds, exchanges, or credits on a case by case basis.

You acknowledge and agree that you are liable for any services rendered before we receive and process your exchange or refund request. Escort AU may adjust any exchange or refund to account for the proportion of fees payable for any services rendered.

If an exchange is authorised, your advertising will be suspended and you will be authorised to update your advertising for a period of seven (7) business days.

 

13. Unauthorised Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. Do not allow a third party to use your Log In details.

You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited.

Without limiting the foregoing, you may not without our written permission on sell information obtained from this Site or through the Facility.

 

14. Disengagement or Termination

We may terminate or suspend your access to the Site at any time without notice.

If we believe that you have breached our Terms or any applicable law, we will remove your advertisements from the Site and send you a notice as to why your advertisement has been removed. You may respond to our correspondence and we will assess whether to lift the suspension or termination at our sole discretion. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection under these Terms.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

 

15. Force Majeure

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Us, We are unable to perform, in whole or in part, any obligation under these Terms:

  • We are relieved of that obligation, under these Terms, to the extent and for the period that we are unable to perform such obligation; and
  • We will not be liable to You, for failure to perform such obligation, to the extent and for the period of non-performance, contemplated by this clause.

 

16. Australian Governing Law

These terms and conditions are governed by the laws in force in the State of Western Australia.

In the event that the State of Western Australia does not have jurisdiction to hear matter relating to this agreement, then the laws in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

To the extent permissible under the Australian Consumer Law, Escorts AU disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on You or other parties, by statute the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded.

 

17. General Information

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

These Terms and the documents expressly referred to in them, constitute the entire agreement between you and Escorts AU, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site and Facility.

We each acknowledge that, in entering into these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

We may assign or sublicence our rights or obligations under these Terms at any time without obtaining your consent.

 

 

18. Updates to these Terms

We reserve the right to amend these Terms from time to time and at our sole discretion. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

It is your sole responsibility to periodically check these Terms for any changes.  If you do not agree to any changes in these Terms, you must immediately cease using the Site. Your continued use of the Site and Facilities will be deemed as your acceptance of such changes.

 

19. Definitions

  • Escorts AU/We/Us/Our” means, the “owners”, “managers”, “administrators” of Escorts AU or any other “related body corporate” or “subsidiary” of those entities as those terms are defined in the Corporations Act 2001 and includes successors and permitted assigns
  • GST” means the tax payable on Taxable Supplies under GST Act.
  • GST Act” means A New Tax System (Goods and Services Tax) Act 1999 and any related act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax.
  • Service means the advertising service provided by Us.
  • Site means EscortsAu.com.au
  • Taxable Supply” has the meaning given in the GST Act.
  • Terms means these terms and conditions.
  • You/Your means a party with, or proposing to register, an account with Us, including Your agent’s, employees and contractors.
  • Your Account means Your account with the Site.

 

Last updated: 07/08/2020

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