PerthEscortsWa Terms of Service
Use of this Website indicates your agreement to abide by the following Terms of Service. Please read the Terms of Service carefully. If you do not accept the Terms of Service, you may not use PerthEscortsWA service. PerthEscortsWA may revise these Terms of Service at any time by updating this posting. We recommend you review these Terms of Service periodically as they are binding on you.
Background
A. The Perth Escorts website www.PerthEscortsWa.com.au (Website, PerthEscortsWa) is owned and operated by Buzz Listings whose primary location is Perth, Western Australia.
B. PerthEscortsWa is providing an online service for the exchange of services between Clients and Escorts who have become Registered Users of the website. PerthEscortsWa is merely an exchange and, as such, is compensated by a listing fee in accordance with these Terms of Service.
C. Any Visitors to the Website must abide by the Terms of Service as applicable to them.
1. Defined terms & interpretation
1.1. Defined terms
Escort Services means the time paid for the company of another individual for a set period of time.
Client means a person seeking and willing to pay someone to escort them to a particular place and accompany them for a certain amount of time depending on the fee agreed upon.
User Account means an account set up by a Registered User enabling them to use the interactive features of the Website.
Ad Poster means a user that has created a paid or unpaid classified advert on the website.
Listing means the posting of a classified advert by an advertiser.
Classified Advert means an advertised service on the website.
Visitor means an individual who visits the Website but does not set up a User Account or become a Registered User.
Website means the web address http://www.perth-escorts-wa.com.au/ and includes any related media or other forms of communication.
You means collectively and separately Visitors to the Website and Registered Users of the Website.
1.2. Interpretation
In these Terms of Service, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a clause or paragraph is to a clause or paragraph of these Terms of Service, and a reference to these Terms of Service is a reference to this document only;
(d) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(e) a reference to dollar or $ is to Australian currency;
(f) a reference to time is to Perth, Australia time;
(g) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
(h) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(i) a word or expression defined in the Corporations Act has the meaning given to it in the Corporations Act;
(j) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(k) any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
(l) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(m) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.
1.3. Headings
Headings are for ease of reference only and do not affect interpretation.
2. PerthEscortsWA content
2.1. The Website includes a combination of content that we create, and that our Registered Users create. All materials published on the Website including written content, photos, graphics, images, illustrations, marks, logos, sound, flash and video clips are protected by copyright or trade marks which are owned by us, or are owned by our licensors, Clients or Escorts.
2.2. PerthEscortsWA has the right to refuse, change, add, remove or move any content as it deems appropriate to do so.
2.3. Subject to and conditional on compliance with these Terms of Service, we grant you a limited licence to access and to use the Website for the purpose of visiting, viewing and becoming a Registered User.
3. Becoming a Registered User (Escorts and Clients)
3.1. Visitors may become Registered Users by accepting the Terms of Service in order to make use of certain interactive features offered through the Website, as described in these Terms of Service. By registering and clicking on the “I Agree” registration button on the Website, each Registered User represents and acknowledges that they are at least 18 years of age and that they have read, agree with, and agree to be bound by these Terms of Service.
3.2. As part of registration, each Registered User must create a user account (User Account) with a unique username and password (Profile).
3.3. Registered users will receive notice via email once registration has been approved.
3.4. Registered Users agree that we have the right to cancel a User Account for any reason at any time, in our sole discretion without notice and without payment of compensation or penalty for any direct or indirect loss suffered by the Visitor or the Registered User. The cancellation of a User Account and Profile will, amongst other things, result in the loss of access to the whole of or certain portions of the Website accessible by Registered Users.
4. Registered User’s code of conduct
Registered Users agree to abide by the following code of conduct:
4.1 All personal information submitted, including registration details, is truthful and accurate and the accuracy of this personal information will be maintained and updated by you at all times, or otherwise notified to us as soon as practicable. Photographs posted must be legitimate. The photograph must be an accurate depiction of the person who is offering their services as an escort within that advert. The owner of the mobile number displayed within the advert must be the person despicted in the photograph.
4.2 You will not allow any third party to use your Profile to access the Website and agree to safeguard your Profile. You also agree to be responsible for any failure to safeguard such information and agree to notify PerthEscortsWA immediately of any unauthorised use of your Profile. You agree that PerthEscortsWA will not be liable for any loss that results from any unauthorised use of your Profile or your User Account.
4.3 To the extent that any information is requested from you by us, you must provide us with accurate, complete and current information.
4.4 When you submit content on the Website, you retain ownership rights to this content, and you also grant PerthEscortsWA a non-exclusive, irrevocable, royalty-free, perpetual, fully paid up, and fully assignable licence to use, reproduce, adapt, modify, translate, publish, create derivative works from, distribute and display this content throughout the world in any media.
4.5 You are solely responsible for all materials, written content, comments, opinions, messages, images, compliments, photos, graphics, audio, video, whether publicly posted or privately posted/transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Website.
4.6 The information posted by you on the Website will not infringe the intellectual property rights of PerthEscortsWA or any third party nor defame or invade the publicity rights of PerthEscortsWA or any third party.
4.7 If you have a dispute with another Registered User, you release PerthEscortsWA from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
4.8 You must not breach any of the Terms of Service.
4.9 Your Registered User status and account is not transferable and will never be offered by you to anyone for such transfer.
6. Fees
6.1 User Account
There is no charge to create a User Account.
6.2 Listing fees
The cost of the listing (including GST if applicable) (as determined by the lister) + any Upgrades (details of which are set out on the Website), payable to PerthEscortsWA on the posting of a classified Advert. Listing Fees are non-refundable.
6.3 Goods and services tax (GST)
If you are an Australian company or person, we are required to collect GST from you and accordingly GST will be imposed on any Listing fees. If GST is imposed, you must pay to us, in addition to any commission payable, an additional amount calculated by multiplying the prevailing GST rate by the commission payable by you. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
6.4 Taxes
Each Ad Poster is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law. Each Ad Poster is an independent contractor and not an employee, subcontractor or partner of PerthEscortsWA or the Client.
7. Rules and regulations for Website usage
7.1 Language, communication and behavior must not be harmful, threatening, abusive, defamatory, intolerant, tortuous, or be, in our sole discretion, objectionable or improper.
7.2 You may not use another’s User Account without permission.
7.3 You may not use an invalid or unauthorised payment method.
7.4 You may not register under a false name or use an invalid or unauthorized email or physical address.
7.5 You may not impersonate another Registered User or submit a classified advert under a false name.
7.6 You may not post or transmit any content that contains viruses, is harmful to computer software, hardware, or telecommunications equipment.
7.7 You may not interfere with another Registered User’s Classified Advert.
7.8 You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information.)
7.9 You may not transfer your User Account or Profile to another party.
7.10 You may not distribute or post spam, chain letters, or pyramid schemes.
7.11 You may not advertise a competing website or service in any form.
7.12 You may not copy, modify, or distribute any content from the Website.
7.13 You may not harvest or otherwise collect information about Registered Users, including email addresses, without PerthEscortsWA’s prior written consent.
7.14 You must not post, upload or transmit any content that infringes or otherwise violates any copyright, patent, trade mark, trade secret, publicity or privacy right or any other intellectual property (which now exists or may in the future exist) or which is proprietary to a third party, without such third party’s prior written consent.
7.15 You understand and agree that PerthEscortsWA is not responsible for the content or photographs provided by Registered Users.
7.16 You understand and agree that PerthEscortsWA does not monitor but reserves the right to review, edit and delete any content in whole or in part that, in the sole discretion of PerthEscortsWA;
(a) violates any of the Terms of Service;
(b) is offensive, illegal, or defamatory; or
(c) may harm, violate the rights of or threaten the safety of any Registered User or any other individual or entity.
7.17 You are solely responsible for any content you post, publish or display on the Website or transmit, including your Classified Adverts and reviews posted on the Website.
7.18 You are solely responsible for your interactions with other Registered Users and any third party found on or through the Website. PerthEscortsWA will not be responsible or liable for any loss or damage incurred through any correspondence, transactions or dealings (including any of those related to negligence) with any such third party including with any other Registered User as a result of any direct or indirect use of the Website. PerthEscortsWA reserves the right, but has no obligation, to monitor disputes between you and any other Registered Users or Visitors to the Website.
7.19 You will post content that you believe in good faith to be true and accurate, and you will not post to the Website any content that is false, inaccurate, misleading, deceptive, fraudulent or likely to be so.
7.20 You will post only original content.
7.21 The following is a non-exhaustive list of content that is illegal or prohibited on the Website, being any content that:
(a) infringes, misappropriates, or violates any of the intellectual property rights, privacy or other rights of anyone;
(b) is false or misleading or likely to be so;
(c) is threatening, obscene, defamatory or libelous, including the use of inflammatory comments, generalisations, or unfounded criticism;
(d) is patently offensive or illegal, such as content that directly or indirectly promotes terrorism, racism, prejudice, hatred or physical harm or damage of any kind against any group or individual or property;
(e) harasses or advocates harassment of another person;
(f) contains pornography, violence, or offensive subject matter or contains a link to other websites containing any of this type of content;
(g) promotes directly or indirectly any illegal activities or conduct that is abusive or contrary to any applicable law;
(h) links to another website;
(i) includes a photograph or image of another person or property or landmark (real or otherwise) without having gained that person’s or owner’s consent to use that photograph or image in the Website; or
(j) falsely expresses or implies that the content represents, is endorsed or sponsored directly or indirectly by or on behalf of PerthEscortsWA.
7.22 You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on our Website in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder for the intellectual property published on this Website. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Website, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Website unless expressly permitted by law. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
7.23 Registered Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained within the web pages, without prior written permission of an authorised officer of PerthEscortsWA.
8. Intellectual property
8.1 All copyright and other intellectual property rights subsisting in the PerthEscortsWA website and contents of it (including, the software, design, text, graphics, interfaces and code comprised in PerthEscortsWA and the selection and layout of PerthEscortsWA) are owned or licensed by PerthEscortsWA and protected by the laws of Australia and other countries.
8.2 You are authorised to view PerthEscortsWA and its contents using your web browser. In addition, if you are a Registered User, you may use the interactive features on the website including the facilities available to become a Registered User and submit a Classified Advert.
8.3 You must not otherwise reproduce, copy, print, transmit (including broadcast), download, communicate, adapt, distribute, sell, license, modify or publish or otherwise use any of the material on the Website, in whole or in part, except as permitted by statute or with our prior written consent.
9. Privacy
Use of the Website and its features, offerings and functionality are also governed by our Privacy Policy.
10. Limitation of liability
To the extent permitted by any and all applicable laws, PerthEscortsWA is not and will not be liable for any damages whatsoever (including direct, indirect, special, punitive, incidental, consequential or other damages, damages for loss of business profits, loss of business opportunities, loss of goodwill or reputation, business interruption, loss of business information or data, legal costs or other pecuniary loss), whether based on breach of contract, warranty, tort (howsoever arising, including negligence), product liability, under statute, in equity, at law, or otherwise, arising out of, or in connection with, the use of, or inability to access or use any of the Website, whether or not PerthEscortsWA is advised of the possibility or happening of any such damages or pecuniary loss.
11. Disclaimer of warranties
11.1. PerthEscortsWA does not represent or warrant the accuracy or completeness of any information, graphics, text or links on the Website nor that any other form of media or communication directly or indirectly related to the Website will be continuously available. PerthEscortsWA is not responsible for the conduct of any Registered User or the Classified Adverts, reviews or comments made by any Registered User. PerthEscortsWA does not endorse any Classified Advert, review or comment made by any Registered User.
11.2. You acknowledge and agree that your access of the Website, and any material, information or content downloaded or obtained from the Website is done so at your own risk and you agree that under no circumstance will PerthEscortsWA be liable for any loss or damage or personal injury of any kind caused as a direct or indirect result of accessing or using any such information, including any damage to your computer or loss of data as a result of accessing any information or due to your reliance on information or material including any products or services of PerthEscortsWA or any of its Clients accessed or provided directly or indirectly through the Website.
11.3. To the maximum extent permitted by law, PerthEscortsWA disclaims any implied, express or statutory warranties including, but not limited to, implied warranties of title, merchantability, non-infringement and fitness for purpose in relation to any products or services or information or material access or provided directly or indirectly through the Website.
11.4. PerthEscortsWA makes no representation that any of the Classified Adverts and other materials that may be available from time to time through the Website are appropriate or available for use in Australia or in any other countries.
12. Indemnity
12.1. You indemnify and hold PerthEscortsWA harmless from any claim, demand or expense made by or on behalf of any third party for any personal injuries or damages, account of profits or any equitable relief, including, consequential, direct, incidental or other damages for any breach by you of any applicable laws or the rights of a third party including, breaches as a result of your direct or indirect use of the Website, or in relation to your use of any design element in an Entry without an appropriate third party licence.
12.2. You agree that PerthEscortsWA will not be liable in any way for the accuracy, reliability or quality of any Entry, postings, reviews or comments made by any Registered User.
13. Third party sites
Our Website may contain links to third party Websites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites.
14. No agency
You agree that no agency, partnership, joint venture or any other relationship is intended to be created nor is it created between PerthEscortsWA and you or anyone you involve in any activity, directly or indirectly, through entering into these Terms of Service or by the use or access to any of the Website.
15. Security
Visitors and Registered Users must not violate or attempt to violate the security of the Website or any other media or form of communication, including:
15.1 accessing data not intended for you;
15.2 attempting to log into, probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any other media or form of communication or any activity being conducted on the Website or any other media or form of communication;
15.3 attempting to interfere with the availability of the Website or any other media or form of communication to any Registered User, host or network, including, via means of submitting a virus, Trojan horse or other destructive programs to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Website or any other media or form of communication;
15.4 sending Registered Users unsolicited e-mail such as “spam, including promotions, advertising, products or services;
15.5 forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting;
15.6 modifying, adapting, translating, or reverse engineering any portion of the Website;
15.7 including contact or personal information about another individual without their prior written permission;
15.8 removing any copyright, trade mark or other proprietary rights notices on the Website;
15.9 reformatting or framing any portion of web pages that are part of the Website;
15.10 creating User Accounts by automated means or under false or fraudulent pretences;
15.11 collecting any information about other Registered Users of the Website or any other media or form of communication for any purpose;
15.12 using the Website or any other media or form of communication, intentionally or unintentionally, to violate any applicable law.
16. Term
16.1 The Terms of Service will remain in full force and effect while you use at any time the Website as a Visitor including while you are a Registered User.
16.2 We may immediately suspend, terminate or limit your access to PerthEscortsWA without notice or payment of any compensation or penalty if you are in breach of any of the Terms of Service and:
(a) the breach is something which cannot be remedied; or
(b) if you fail to remedy the breach within seven (7) days’ of our written or email notice to you of that breach.
16.3 We may immediately suspend, terminate or limit your access or account to PerthEscortsWA if you permit any minor who is not authorised in accordance with these terms to use or have access to PerthEscortsWA.
16.4 The provision of warranties and indemnities and all of the authorities and licences given by you will remain in effect following use of the Website by you, whether as a Visitor or a Registered User.
16.5 PerthEscortsWA reserves the right, at its sole discretion, to pursue all of its legal remedies including, deletion of your User Account, Profile and submitted content from the Website.
17. Modification and interruptions to service
We reserve the right to modify or discontinue the services and our Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue any or all of the services that we provide. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any Contest or transaction, prevent or restrict access to the Website or to our services, or take any other action in case of technical problems, objectionable material, inaccurate Contest listings, inaccuracies, unlawful Contests or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
18. Force majeure
Except for the payment of fees to PerthEscortsWA, and to the Winning Creative, neither the Client, Creative, nor PerthEscortsWA will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party must be extended by the period of such delay.
19. Severance
If any provision or clause of the Terms of Service is deemed to be invalid or unenforceable, that provision will be struck out and the remaining provisions will be enforceable.
20. Assignment
These Terms of Service, including any of the rights or duties, are not assignable, transferable or able to be licensed by you unless PerthEscortsWA has provided its prior written consent. PerthEscortsWA may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
21. Applicable Law
The Terms of Service are governed in accordance with the laws of the state of Western Australia, Australia and the laws of the Commonwealth of Australia, where applicable. You agree to submit to the jurisdiction of all those courts for any disputes arising or relating in any way out of the Terms of Service or the use or access to any of the Website.
22. Dispute resolution
22.1 No proceedings
You must not start court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms of Service ( Dispute) unless you have complied with this clause.
22.2 Notification of Dispute
A party claiming that a Dispute has arisen must notify the other party giving details of the Dispute.
22.3 Reasonable efforts to resolve Dispute
During the period of five (5) days after a notice is given under clause 22.2 (or longer period agreed in writing by the parties) each party must use its reasonable efforts to resolve the Dispute.
22.4 Referral to procedure
If the parties are unable to resolve the Dispute, each party agrees that the Dispute must be referred to mediation, at the request of either party, to:
(a) a mediator agreed on by the parties; or
(b) if the parties are unable to agree on a mediator within five (5) days after the end of the five (5) day period after a notice has been given, a mediator nominated by the then current Chairman of Lawyers Engaged in Alternative Dispute Resolution (LEADR) (or successor body) or the Chairman’s nominee,
with the role of any mediator being to assist in the negotiation of a resolution of the Dispute. A mediator may not make a decision that is binding on a party unless that party has agreed in writing.
22.5 Confidentiality
Any information or documents disclosed by a party under this clause must be kept confidential and may not be used except to attempt to resolve the Dispute.
22.6 Termination
Within 15 days after notice is given under clause 22.2, a party that has complied with clauses 22.2 to 22.5 may terminate the dispute resolution process by giving notice to the other party.
22.7 Consequence of breach
If in relation to a Dispute a party breaches any provision of clauses 22.2 to 22.6, the other party need not comply with clauses 22.2 to 22.6 in relation to that Dispute.
23. Entire agreement
These Terms of Service set out the entire understanding between the parties and replaces any previous agreements entered into by the parties. The Terms of Service may be altered only in writing signed by each party.
PerthEscortsWA reserves the right to make changes at any time to the Terms of Service. Any modifications to the Terms of Service will be effective upon posting. You agree to review the Terms of Service periodically each time you visit the Website so that you ensure that you are aware of any modifications that apply to you and your use of the Website. Your continued use of the Website after any modifications to the Terms of Service confirms your acceptance of the Terms of Service as modified at that time.
24. Contact Us
If you have any questions or concerns regarding the Website or these Terms of Service, please contact the privacy officer by email at michelle@perth-escorts-wa.com.au
Any notices provided to this email address will be deemed to be given three (3) days after the date of emailing.