ESCORTORAMA TERMS AND CONDITIONS
Last updated on 13 August 2019
Welcome to Escortorama.
These terms and conditions (Terms) govern your use of this web directory, and all associated websites and pages, including social medial platforms (Website). By using the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the User (User) of the Website and us, operating under the business name “Escortorama” ABN 43 501 087 710 (Escortorama, we or us).
These Terms set out the terms and conditions that apply when you use this Website as a means to advertise, publicise and promote the provision of escort services or other similar services (Services, Service Providers) or as an online directory to seek out providers of Services, or when you otherwise visit the Website (Users).
1. ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws.
In order to access and use the Website, you must be, and represent and warrant that you are, over 18 years of age. If you are under 18 years of age, please do not access or use the Website.
2. YOUR PRIVACY
3. YOUR OBLIGATIONS
You must not:
(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Escortorama;
(b) use the Website for any purpose other than its intended purpose;
(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) act in a way that may diminish or adversely impact the reputation of Escortorama, including by linking to the Website on any other website; or
(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigating or participating in a denial-of-service attack against the Website.
4. POSTED MATERIALS – WARRANTIES
By providing or posting any information, materials or other content on the Website (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (IPR);
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
5. POSTED MATERIALS – LICENCE
You grant to Escortorama a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any IPR in any Posted Material in order for Escortorama to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Escortorama from any and all claims that you could assert against Escortorama by virtue of any such moral rights.
You indemnify Escortorama against all damages, losses, costs and expenses incurred by Escortorama arising out of any third party claim that your Posted Material infringes any third party’s IPR.
6. POSTED MATERIALS – REMOVAL
Escortorama acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Escortorama may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the material and/or information.
You agree that you are responsible for keeping and maintaining records of Posted Material.
7. INTELLECTUAL PROPERTY
Escortorama retains ownership of the Website and all works, items, materials or information of whatever nature on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Escortorama or as permitted by law.
8. INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) any Services advertised on the Website are legal;
(c) the Website will be accessible at all times;
(d) messages sent through the Website will be delivered promptly, or delivered at all;
(e) information you receive or supply through the Website will be secure or confidential; or
(f) any information provided through the Website is accurate or true.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Service Provider details, product descriptions, prices and any other Website Content.
9. LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites, and we are not responsible for that content. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
10. DIRECTORY SERVICES
Escortorama is a medium that facilitates the introduction of Customers and Service Providers for the purposes of making arrangements for Service Providers to provide escort and related services to Customers. Escortorama simply acts as a directory of Services Providers and charges Service Providers a subscription fee to be listed on the Website (in accordance with separate terms displayed on our Website). Escortorama does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Service Providers in relation to such services or otherwise resulting from the introduction.
You agree and acknowledge that:
(a) any terms and conditions relating to services or a quote provided via the Website are solely between you and the Service Provider and do not involve Escortorama in any way;
(b) the Website provides links and introductions between third party Service Providers and Customers that are not under the control of Escortorama;
(c) the provision by Escortorama of introductions between Service Providers and Customers through the Website does not imply any endorsement or recommendation by Escortorama of any Service Provider or Customer;
(d) Escortorama does not constantly examine, determine or warrant the legality of the Services or any Service Provider. In the event that you wish to use a Service Provider, you are solely responsible for making your own enquiries;
(e) any terms and conditions relating to a service, Service Listing or quote provided via the Website constitute a contract between a Customer and a Service Provider and do not involve Escortorama in any way;
(f) all quotes provided by a Service Provider are subject to change without notice; and
(g) if you have a dispute with a Service Provider or a Customer, you must resolve the dispute directly with the Service Provider or Customer (as the case may be). Escortorama is not a party to any dispute in any way.
(Limitation of liability) To the maximum extent permitted by applicable law, Escortorama excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Website or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(Limitation of liability) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Escortorama’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the services again, or the payment of the cost of having them supplied again.
(Indemnity) You agree to indemnify Escortorama and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Website or your provision or receipt of Services from another User.
(Consequential loss) Under no circumstances will Escortorama be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or their subject matter, or any Services provided by any Service Provider.
Escortorama reserves the right to terminate a User’s access to any or all of the Website (including any listings) at any time without notice, for any reason.
In the event that a User’s access is terminated:
(a) the User’s access to all posting tools on the Website will be revoked;
(b) all service listings previously posted by the respective User will also be removed from the Website.
Notwithstanding termination or expiry of these Terms, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination, will continue to apply.
Escortorama does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
14. REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(Governing Law) This agreement is governed by the law applying in New South Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(Waiver) A party may only waive a right under these Terms in writing to the other party. No other conduct shall be taken to be a waiver of any right of a party under these Terms. 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.
(Severability) 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.
(Entire Agreement) These Terms and the documents expressly referred to in them, constitute the entire agreement between you and us, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Website and Services.
Refunds will NOT be granted if:
– You have breached any of the sites terms and conditions. Escortorama reserves the right to remove all advertisements in breach with NO refund and /or compensation at anytime.
– Once your advertisment has gone live on Escortorama’s site, which includes, but not limited to, changing of ones mind; deciding that you don’t like the advertisment/s for any reason; have found alternative advertising elsewhere; not understanding the sites advertising options.
In the instance you feel you are entitled to a refund, Escortorama will evaluate all claims and request you direct these to :
P.O. Box 943 Newtown Sydney NSW Australia
When applicable and for discretionary billing purposes, all transactions will show as:
ABN 43 501 087 710
on customer’s bank statements.
All transactions are processed in Australian dollars.