By using Playtime Entertainment’s services, you accept the following conditions:
1) Playtime Entertainment accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through any Playtime Entertainment website and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the maximum extent permitted by law or statute, Playtime Entertainment excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through any Playtime Entertainment website whether or not caused by any negligence on the part of Playtime Entertainment or its customers or agents.
2) Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through any Playtime Entertainment website either as a result of hacking or material placed on linked websites. Playtime Entertainment makes no representations as to the suitability of the information accessible for viewing by minors or any other person.
3) To the maximum extent permitted by law or statute you assume all risks associated with use of any Playtime Entertainment website including, without limitation:
1) the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via any Playtime Entertainment website or your access to it; or
2) the risk that the content of any Playtime Entertainment website and linked websites complies with the laws of any country outside Australia.
4) Your use of any Playtime Entertainment website may be logged for the purpose of security and usage monitoring.
5) Unauthorised use of any Playtime Entertainment website could result in criminal prosecution.
6) These terms are governed by the law in the force in the State of Queensland in the Commonwealth of Australia and any dispute about these terms or the contents of any Playtime Entertainment website are subject to the exclusive jurisdiction of the courts of the State of Queensland and the courts of appeal from them. By your accessing the Playtime Entertainment website you agree to submit to those Courts to hear and determine any issue arising out of or touching on these terms and conditions.
These usage guidelines describe the proper kinds of conduct and prohibited uses of Playtime Entertainment services (“Playtime Entertainment Services”) provided by Playtime Entertainment. These usage guidelines are not exhaustive and Playtime Entertainment reserves the right to modify them at any time, effective upon posting of the modified usage guidelines to directory.playtentertainment.com.au. By registering for and using the Playtime Entertainment Services, and thereby accepting the Playtime Entertainment Terms and Conditions, you also agree to abide by these usage guidelines as modified from time to time. Any violation of these usage guidelines may result in the termination of your account in the manner described in the Playtime Entertainment terms and conditions.
The Playtime Entertainment Services enable you to advertise escort services, obtain web design services for escorts and search for information. Generally, Playtime Entertainment will not actively monitor, censor, or directly control any use that is made of the Playtime Entertainment website, however, Playtime Entertainment provides the Playtime Entertainment Services with the goals of:
A) ensuring security, reliability and privacy of the Playtime Entertainment Services and the users of the Playtime Entertainment Services;
B) maintaining an image and reputation of Playtime Entertainment as a responsible provider of escort services; and
C) encouraging the responsible use of the Playtime Entertainment Services and discouraging any degrading, libellous or illegal uses.
Consequently, Playtime Entertainment expects you, and all other users of the Playtime Entertainment Services, to use them with courtesy and responsibility. Violation of these usage guidelines is strictly prohibited and may result in the immediate termination of the Playtime Entertainment Services you receive from Playtime Entertainment. You remain solely liable and responsible for your use of the Playtime Entertainment Services and any and all content that you display, upload, download or transmit through the use of the Playtime Entertainment Services. Indirect or attempted violations of these usage guidelines, and actual or attempted violations by a third party on your behalf, are deemed to be violations of the usage guidelines by you.
You may use the Playtime Entertainment Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited. Playtime Entertainment reserves the right, at its sole discretion, to restrict or prohibit any and all uses of the Playtime Entertainment Services or content in your advertisements and to remove any materials from its servers as it considers at its sole discretion to be harmful to its servers, systems, network, reputation, good will, other Playtime Entertainment customers, or any third party. Examples of such material include, without limitation, any material that falls within the following categories:
A) Infringement – Material which is an infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, rights to keep information confidential, or other intellectual property rights used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
B) Offensive Materials – Material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
C) Harmful Content – Material which constitutes the dissemination or hosting of harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
D) Fraudulent Conduct – Material which offers or disseminates fraudulent goods, services, schemes, or promotions, or the furnishing of false data on any signup forms, contracts or online applications or registrations, or the fraudulent use of any information obtained through the use of the Playtime Entertainment Services, including, without limitation, the use of credit card numbers.
Violations of Playtime Entertainment’s or any third party’s server, system or network security through the use of the Playtime Entertainment Services are prohibited, and may result in criminal and civil liability. Playtime Entertainment may, at its sole discretion, investigate incidents involving such violations. Playtime Entertainment may involve and cooperate with any law enforcement agency if a criminal violation is reasonably suspected. Examples of server, system or network security violations include, without limitation, the following:
A) Hacking – Unauthorised access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorisation of the owner of the system, server or network.
B) Interception – Unauthorised monitoring of data or traffic on any network, server, or system without express authorisation of the owner of the system, server, or network.
C) Intentional Interference – Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also includes, without limitation, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user ’s terminal session, via any means, locally or by the Internet.
D) Avoiding System Restrictions – Using manual or electronic means to avoid any use limitations placed on the Playtime Entertainment Services such as timing out.
E) Failure to Safeguard Accounts – Failing to prevent unauthorized access to accounts, including any account passwords.
You may not distribute, publish, or send any of the following types of e-mail:
A) Unsolicited promotions, advertising or solicitations including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails;
B) Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form;
C) Harassing e-mail, whether through language, frequency, or size of messages;
D) E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.
In addition, you may not use Playtime Entertainment’s mail server or another website’s mail server to relay mail without the express permission of the account holder or the website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
(a) Thank you for using Playtime Entertainment. We provide a digital and online platform to advertise escort services, through our website and emails (collectively, “Service”).
(b) Our online platform consists of our website located at directory.playtentertainment.com.au (the “Platform”), which is owned and operated by Lionheart S & S Pty Ltd (“Playtime Entertainment” “we”, “us”, “our”). Please read these terms and conditions (“Terms”) carefully as they form a contract between Platform users and us (“Agreement”). By using the Platform, you agree with and accept the Terms in this Agreement.
(c) This Agreement, our Privacy Policy and all policies and guidelines related to the Service, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 (Cth)(“Australian Consumer Law”), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you must cease to use the Platform immediately.
(d) We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
(a) Our Platform is a digital marketplace that connects people seeking escort services (“Users”) with providers who offer those services (“Members”). Users and Members are both “Participants” of the Platform for the purposes of this agreement.
(b) We act as an intermediary between Participants and our role is limited to facilitating access to the Platform and to the escort services offered by Members (“Member’s Service”) on the Platform.
(c) In providing our Service, we aim to:
(i) ensure the security, reliability and privacy of the Services and our Participants;
(ii) maintain an image and reputation of Playtime Entertainment as a responsible provider of escort services; and
(iii) encourage the responsible use of our Services and discourage any degrading, libellous or illegal uses of the Platform.
(d) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Member’s Service on the Platform.
(e) When the User engages a Member for their services after viewing their profile on the Platform, the User is directly entering into a binding contract with the Member.
(f) We do not become a party to, or participant in, any contractual relationship between Participants. We are not acting as an agent or employer in any capacity for any Member.
(g) We have taken all reasonable steps to ensure we, our Platform and our Service at all times complies with the relevant anti-discrimination laws as applicable in each State and Territory, that our Services do not portray people or material in a discriminatory way against a person or section of the community on account of their ethnicity, race, gender, age, sexual orientation, disability or impairment, political or religious belief or activity, or any other attribute as referred to under any State, Territory or Commonwealth anti-discrimination legislation.
By accessing the Platform and using our Service as a Participant:
(a) You accept these Terms and our Privacy Policy which forms a contractual relationship between you and us;
(b) You represent and warrant that:
(i) you are at least 18 years of age;
(ii) you have the right, authority and capacity to agree to and abide by the terms of the Agreement;
(iii) you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other Playtime Entertainment policies; and
(iv) where an incident occurs during the provision of a Member’s Service to a User, including but not limited to any loss, damage or injury, you will notify Playtime Entertainment of such incident via email within 5 Business Days of the incident or circumstances occurring, notwithstanding your acknowledgment that Playtime Entertainment is under no obligation to be involved in the resolution of any incident, nor will Playtime Entertainment be liable to you whatsoever for any loss, damage or injury that may result from the incident.
(c) You agree and acknowledge that:
(i) we are not a party to, or a participant in, any contractual relationship between Participants;
(ii) notwithstanding clause 3.1(d)(vi), we have no control over of the conduct of our Participants or your interactions with other Participants (whether in person or online). A User’s obtaining of and a Member’s provision of any Member’s Service is at each party’s own risk.
(d) You should always exercise due diligence and care when using the Platform;
(iii) we do not guarantee the existence, availability, suitability, legality or safety of any Member’s Service;
(iv) you are responsible for maintaining the confidentiality of your Registration Information at all times and for the activity that occurs under your Account;
(v) your access to and use of the Platform is non-transferable;
(vi) we may deny anyone access to an Account, our Service or the Platform at any time and for any reason without notice;
(vii) we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Members through the Platform (“User Content”, which includes Member’s Material as defined below) and we do not control the accuracy or completeness of User Content; and
(viii) we are not obliged to confirm the identity of the Platform users, including our Participants.
(e) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Member’s Service on the Platform.
(f) When the User engages a Member for their services after viewing their profile on the Platform, the User is directly entering into a binding contract with the Member.
(g) We do not become a party to, or participant in, any contractual relationship between Participants. We are not acting as an agent or employer in any capacity for any Participants.
(a) To obtain access to our Service as a Member, you must register for an account with us (“Account”) and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.
(b) To use our Service, you must provide us with current, complete and accurate contact information, and other information (some of which is not mandatory) including, but not limited to, your working name, phone number, a valid email address, and password (“Registration Information”).
(c) If your Registration Information changes, you must promptly update your Account to reflect those changes.
(d) By accessing the Platform and using our Service as a Member, you agree and acknowledge that:
(i) you are over 18 and will not imply that you are under the age of 18;
(ii) you are independent and not working for or associated with any escort agency;
(iii) you are the legal owner of any information or material (such as photographs or videos) posted to our Platform (“Member’s Material”), that it relates only to you and that no other third party has any right to the Member’s Material;
(iv) you will not impersonate or pose as any other person;
(v) all information and material that you post to the Platform relates only to you;
(vi) you will not send another person in your place for any appointment;
(vii) you will not refer User to any other advertising directory, website, or other platform for escort services, and that you will not use our Platform for any of those purposes;
(viii) you (or any Related Entity or Related Party or Associated Entity (as defined in the Corporations Act 2001 (Cth)) do not have a concurrent interest in another website, business or venture that competes with our Platform, our Services, or Playtime Entertainment;
(ix) Playtime Entertainment reserves the right to deregister or delete a Member profile for any reason without liability;
(x) you are not engaged as an agent or employee of Playtime Entertainment and there is no contractual or implied relationship of employee/employer, agency, or independent contractor, between Playtime Entertainment and the Participants. It is the express intention of Playtime Entertainment and the Participants that any such relationships are denied; and
(xi) Playtime Entertainment does not make any guarantees as to how often Members will be contacted by Users.
By accessing the Platform, you must:
(a) use the Platform for lawful purposes only;
(b) not commit any act or engage in any practice that:
(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another user from using the Platform;
(e) not encourage or facilitate violations of the Terms;
(f) not harvest or otherwise collect information about others, including Registration Information, without their consent;
(g) not bypass measures used to prevent or restrict access to our Service;
(h) not interfere with, transmit, sell, host, store or post any material on the Platform which interferes with the privacy of, or is intended to harass, intimidate, act violently or inappropriate towards or be discriminatory against another Participants or is unlawful, defamatory, threatening, harmful, inflammatory or otherwise objectionable; and
(i) not infringe any intellectual property rights or any other contractual or proprietary rights of another Member or third party.
(a) The Member acknowledges and agrees to Playtime Entertainment:
(i) requiring a Member to change its registration details or use a different method of accessing the Website from time to time;
(ii) publishing the Member’s Material supplied by the Member, including photographs and information, on the Platform and any other websites or platforms managed by Playtime Entertainment, in order to promote the Services;
(iii) cropping or editing the Member’s Material, if required, to improve the Member’s listing or to fit within the Platform layout;
(iv) publishing the Member’s Material as it is received Member unless told otherwise by the Member in writing at the time of providing the Member’s Material;
(v) reviewing and approving the Member’s Material before it will be displayed on the Platform, and where required, requesting the Member to amend the Member’s Material if does not comply with the relevant State, Territory or Commonwealth laws. Any failure to comply with this request may result in the refusal to display or removal of the Member’s Material from the Platform by Playtime Entertainment without compensation to the Member; and
(vi) declining regular request by a Member, in its absolute discretion, to image changes where the requests are made on a frequent basis where the request is made more than once every three months.
(b) The Member warrants that:
(i) they have obtained and maintain all consents, licences and approvals required to lawfully advertise and provide escort or sex work services in the relevant location where they advertise or provide such services;
(ii) their advertisement is compliant with all relevant state and territory laws in the location where they are advertising or providing the Member’s Services, include all relevant anti-discrimination laws in both the Member’s Material and the Member’s Service;
(iii) they will indemnify Playtime Entertainment against all claims, loss and damage suffered as a result of the Member’s breach of these Terms and Condition.
(c) The Member acknowledges and agrees that:
(i) they are responsible for the personal content and any changes to the content of the Member’s personal website purchased and made available through the Platform;
(ii) Playtime Entertainment retains all Intellectual Property Rights in the personal websites;
(iii) the Playtime Entertainment logo forms part of the personal website layout and is not to be removed.
(a) Participants acknowledge that there may be differences between Member’s Material and the Member in real life.
(b) Playtime Entertainment provides a non-compulsory Image Verification procedure which only reflects Playtime Entertainment’s assessment, after making reasonable enquires, that the Member’s Material are that of the Member. Playtime Entertainment will not be liable for any loss or damage suffered by a User as a result of their reliance on the Image Verification procedure.
(c) Where a complaint is received about the authenticity of Member’s Material, Playtime Entertainment will conduct the Image Verification procedure and may, it its absolute discretion, suspend a Member’s account while the procedure is being completed to Playtime Entertainment’s satisfaction.
(d) Where a Member is found to have outdated Member’s Material or the Member’s Material is misrepresentative or misleading, Playtime Entertainment may, it its absolute discretion, request new Member’s Material. In the event that the request is refused, Playtime Entertainment may cancel the Member’s subscription.
(e) Where a Member elects or is required to participate in the Image Verification procedure, a verification photo must clearly show identifying features which would reasonably allow Playtime Entertainment to verify that Member’s identity through comparing the verification photo with the photos on the Member’s profile.
(f) Identifying features may include, but are not limited to, a photo or photos:
(i) showing matching clothing or undergarments from the photos on the Member’s profile;
(ii) showing the Member’s facial features if the photos on the Member’s profile shows their facial features;
(iii) showing the Member’s body; and
(iv) showing any other distinctive physical features the Member has, such as tattoos, piercings, or other features.
(g) If Playtime Entertainment is satisfied in its sole discretion that the verification photo matches the photos and material posted in the Member’s profile, it may mark the profile with the “Photos Verified” seal.
(a) You are solely responsible for User Content:
(i) you post, publish or otherwise transmit through the Platform; and
(ii) you post, publish or otherwise transmit through the Platform; and
(b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes, including in designing and posting Member profiles on our website.
(c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform.
(a) Fees payable under this Agreement may be paid for using credit card, using the payment details provided by Playtime Entertainment from time to time.
(b) We reserve the right to change the payment processing service provider from time to time.
(c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(d) The Member is responsible for:
(i) ensuring that their nominated Payment Method has sufficient funds to pay the fees;
(ii) paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Fees; and
(iii) if any payment fails, any reasonable administration fees.
(a) We charge fees to Members in consideration for the access to and use of the Platform on a monthly basis, in advance (“Subscription Fees”).
(b) The Subscription Fees are displayed on our website and unless otherwise expressly stated, are all in Australian Dollars (AUD).
(c) We reserve the right to change the Subscription Fees at any time and we will provide you with reasonable notice of any changes to the Subscription Fees before they become effective. All Subscription Fees are set out on our Website and updated regularly.
(d) You are responsible for paying any Subscription Fees that you owe to us. Except as otherwise provided in these Terms, Subscription Fees are non-refundable.
(a) Payment arrangements between Members and Users are to be arranged solely between the Member and User. We do not accept any liability or responsibility for the payment of fees by Users to Members in exchange for the Member’s Services.
(a) The parties agree that the Subscription Fees are to be considered inclusive of GST (as per the meaning within A New Tax System (Goods and Services Tax) Act 1999 (Cth)). GST becomes payable on any party making a supply under this Agreement.
(b) As at the date of this Agreement, Playtime Entertainment is registered for GST, and agrees to promptly inform its Members of any changes to that status.
(a) No refunds will be provided if a Member changes their mind about using the Services before the end of the period that the relevant Subscription Fee they have paid for in advance applies.
(b) As a User, by securing a Member’s Service through the Platform, you accept and agree:
(i) to any cancellation or refund policy (including any cancellation fees) that may be imposed by the Members in the event of a User making a cancellation with the Member; and
(ii) to any additional terms and conditions of the Member’s Service that may apply to you.
(c) For the avoidance of doubt, we are under no obligation to facilitate refunds between Participants or to resolve any disputes between Participants.
(d) Users acknowledge that we have no control of any Member’s cancellation and refunds policy that may apply and that we are not liable to Users for any loss or damage that may occur where a request for a cancellation or refund is refused by a Member.
(a) In these Terms, “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, “Platform Content”). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content and you must seek our prior written consent to use any such Platform Content.
(c) You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(e) The Member grants Playtime Entertainment with a worldwide, royalty-free, non-exclusive, irrevocable licence to copy, distribute, reproduce, publish and transmit the Member’s Material for the purposes of promoting the Services and warrants that the Member’s is authorised to grant such a licence.
(f) If a Member submits any material, including User Content, to the Platform which contains music or audio content which is owned by another person or entity other than the Member, Playtime Entertainment may request that the Member submit written evidence that they have obtained a licence to use that material. Playtime Entertainment may place the material containing the music or audio content into moderation before it approves and publishes the material online, until which time, the audio material will be muted.
To the fullest extent permitted by law, you agree and acknowledge that:
(a) our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content and accept no responsibility for the completeness or accuracy of any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our discretion;
(d) we make no representation or warranty in relation to the Platform, the Services or the User Content;
(e) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(f) we make no warranty or representation that the Platform, including the search for information functionality, will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(g) we make no warranty or representation as to the suitability for view of the information available on the Platform, including User Content and Member’s Material, by minors or any other person;
(h) we recommend Participants use only personal computers and personal email addresses when accessing and using the Platform as we may send communications that are considered to be of a sensitive or personal nature;
(i) the Platform is a directory only, and Users should make reasonable efforts to satisfy themselves about the accuracy of the Member’s profile, and the legitimacy, suitability, and qualification of the Member to provide the Member’s Service;
(j) we make no warranty or representation that the images and photos shown in an Member’s profile are true and correct;
(k) we make no warranty or representation that the Member a User meets in person is the same person that is shown in the Member’s profile; and
(l) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
(i) your use or inability to use the Platform or Services, including the cancelation, medication, suspension or delay of the Platform or Services;
(ii) if you are a User, your use of Member Services;
(iii) if you are a Member, your provision of Member’s Services;
(iv) the User Content;
(v) any interactions between Participants, including any injury or harm suffered as a result of that arrangement, including but not limited to permanent disability, sexually transmitted diseases, defamation, theft, rape or other indecent assault, harassment, stalking, bullying, suicide, misconduct, or death;
(vi) the conduct of other Participants;
(vii) any Member breaching or failing to comply with any applicable laws;
(viii) any Member breaching or failing to comply with any applicable Member terms and conditions; and
(ix) unauthorised creation, access or use of your personal information, Member Account or your User Content, even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 13(bbb) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
(a) Members and Users agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties and any action we are permitted or required to do under the Terms. This includes but is not limited to any:
(i) claim against Playtime Entertainment and/or its directors, officers and employees in relation to any tax, levy, registration or insurance arising out of the provision of the Member’s Service other than any tax, levy, registration or insurance for which Playtime Entertainment is responsible under this Agreement; and
(ii) claim against Playtime Entertainment and/or its directors, officers and employees in relation to a health and safety incident or issue that is connected to the Member’s performance of the Member’s Service.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
(a) Members may terminate this Agreement through the account management function available through the Platform and termination will be effective immediately.
(b) Members shall remain obligated to complete any outstanding payment for any Subscription Fee incurred before the Agreement termination date.
(c) We reserve the right to:
(i) cease operating the Platform, without notice and for any reason; and/or
(ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms; and/or
(iii) terminate our relationship with a Member without notice and with immediate effect if:
a. a complaint is received about the Member by a third party;
b. where a third party takes action against Playtime Entertainment for any act, omission or negligence on the part of the Member;
c. where an Member fails to participate in the Image Verification procedure or the procedure fails;
d. representing that the photos or material of another person are their own;
e. an escort agency posing as an independent escort;
f. sending another person in their place for any Member Services to a User;
g. using our Platform to refer Users to another advertising directory or other website other than the Member’s personal website; and
h. using photos or material owned by a third party.
(d) If one of the events described in clause 15(iii) occurs, then:
(i) the Member will not have any access to the Platform, your Account or User Content;
(ii) we will remove the Member’s Material from the Platform however we will not be responsible for the visibility of the Member’s Material on third party search engines; and
(iii) we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.
(a) We reserve the right, but have no obligation, to monitor disputes between Participants.
(b) If a dispute arises out of or relates to this Agreement as between us and a Participants, a party must not commence legal proceedings relating to this Agreement unless the Party wishing to commence proceedings has complied with this clause 16. However, this clause will not apply where a Party seeks urgent interlocutory relief from a court.
(c) The parties shall without delay and in good faith cooperate with each other and use their best endeavours to resolve by mutual agreement any dispute or differences between them and all other difficulties which may arise from time to time in relation to this Agreement.
(d) If a dispute arises between the parties out of or relating to this Agreement (“Dispute”) then:
(i) the party alleging the Dispute must notify the existence and nature of the Dispute to the other Party within 10 days of the dispute arising (the “Notification”);
(ii) upon receipt of a Notification the parties must commence negotiations to resolve the Dispute;
(iii) if the Dispute is not resolved as provided in paragraph (ii) within 10 days of receipt of the Notification, then any party may refer the Dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the Dispute;
(iv) any Dispute which is referred to mediation can be referred to the Resolution Institute and be conducted in accordance with the Mediation Rules of the Resolution Institute or the parties may appoint a Mediator by mutual agreement; and
(v) if the Dispute is not resolved within 30 days of referral to Mediation, any party is free to initiate proceedings in a court in respect of the Dispute.
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms.
Playtime Entertainment may at any time assign any and all of its rights, obligations and liabilities under this Agreement. Members are not entitled to assign any of their rights, obligations or liabilities under this Agreement without the prior written consent of Playtime Entertainment, it is absolute discretion.