Term 1 – General
These Terms and Conditions set out and define:
(a) your rights and obligations in engaging and accessing the services (“the Services”) provided by SydneyMalesToYou.com and your chosen escort(s) (“the Escort(s)”) (“we”, “us” or “our” as applicable) to you; and
(b) our rights and obligations, and the rights of the Escort(s), in providing the Services to you.
We are not bound to provide, and we will not provide, the Services to you until each person that will access the Services has accepted these Terms and Conditions.
Term 2 – Qualification for the Services
You may not engage the Services if:
(a) you are under the age of majority (18 in Australia) in the place in which you are engaging and accessing the Services (including each and every jurisdiction in which you will access the Services); or
(b) you have been convicted, in any jurisdiction and at any time, of any criminal offence in the jurisdiction in which you were convicted that related to an act of violence or the trafficking of illicit drugs; or
(c) you are currently subject to, or have in the last 5 years been subject to, an apprehended violence order, or similar order, in any jurisdiction.
By accepting these Terms and Conditions you warrant that:
(d) you accept that it is solely and entirely your responsibility to ensure that you are not excluded from accessing the Services by virtue of sub-paragraphs (a) – (c) above; and
(e) you are not excluded from engaging and accessing the Services by virtue of sub-paragraphs (a) – (c) above; and
(f) if you breach any term of this Term, you indemnify us in accordance with Term 7 below.
We may terminate the Services immediately if you are found to be in breach of this Term, in which case you will not be entitled to any refund for non-provision of the Services and, in certain circumstances, you may be liable to compensate us for any loss or damages suffered by us as a result of such breach.
Term 3 – Restricted Behaviour
By engaging the Services, you acknowledge and agree that you may not, and will not, at any time immediately prior to accessing, or while you access, the Services:
(a) take or consume any drug that is illicit in the jurisdiction in which you engage and access the Services; or
(b) consume alcohol and/or any other drug that may legally be taken in the jurisdiction in which you access the Services, in an amount that renders your behaviour and/or actions offensive or inappropriate in the circumstances; or
(c) use language towards the Escort(s) and/or any other person present while you access the Services that is threatening, overly forceful, demeaning and/or inappropriate in the circumstances; or
(d) threaten violence to, and/or engage in any violent act on, the Escort(s) and/or any other person present while you access the Services; or
(e) engage in, or threaten to engage in, any other behaviour or act that is illegal in the jurisdiction in which you access the Services or that is demeaning or inappropriate in the circumstances for which the Services are engaged; or
(f) have present, or threaten to have present, any person(s) who has/have not agreed to these Terms and Conditions; or
(g) request the Escort(s) to perform any act, or do any thing, that the Escort(s) in their sole discretion consider(s) offensive, demeaning or inappropriate in the circumstances.
The Escort(s) will be the sole judge of whether any behaviour or act done, or threatened to be done, by you constitutes a breach of this Term. If, at the sole discretion of the Escort(s), they determine that you are in breach of this Term then we may terminate the Services immediately, in which case you will not be entitled to any refund for non-provision of the Services and, in certain circumstances, you may be liable to compensate us for any loss or damages suffered by us as a result of such breach.
Term 4 – Non-Provision of the Services
We may refuse to provide the Services at any time if, for reasons other than those set out in Term 3, we in our sole discretion decide to do so. If we terminate the Services in these circumstances, the terms of Term 6 below will apply.
Term 5 – Refusal of an Order for the Services
We, in our sole discretion and without having to provide a reason to you, may refuse any order to provide the Services to you.
Term 6 – Liability
Our liability to you is limited to:
(a) in the event that, in providing the Services to you, we breach any of the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth) (“the Act”), and at our sole discretion, the supply of the Services again or the cost of having the Services supplied again; and
(b) in any other circumstance, and to the fullest extent permitted by law, and at our sole discretion, the supply of the Services again or the cost of having the Services supplied again.
You acknowledge and agree that, to the fullest extent permitted by law:
(c) we will not be liable for, and you indemnify us against, any consequential loss or damage suffered by you or any other party as a direct or indirect result of us providing the Services to you; and
(d) nothing in these Terms and Conditions has the effect of contracting out of the Act.
Term 7 – Indemnity
If you breach any of these terms, you indemnify us against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against us or suffered by us arising from your breach of these Terms and Conditions.
Term 8 – Disclaimer of Warranties
You acknowledge and agree that:
(a) we make no warranty as to the results that may be obtained from your use of the Services;
(b) your use of, or inability to use, the Services is solely at your risk;
(c) the Services are provided on an “as is” and “as available” basis with no express or implied warranty or conditions as to merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Term 9 – Refunds for Cancellation
In the event that you cancel the Services, we agree to refund any fees paid to us for the Services only if you cancel the Services more than 48 hours prior to the time that the Services were due to be delivered.
Term 10 – General
By accepting these Terms and Conditions you agree that:
(a) if any of these Terms and Conditions is determined to be unlawful, unenforceable or void, only the relevant term or condition, or the part of the term or condition, that is unenforceable will be excluded from these Terms and Conditions;
(b) our failure to exercise any right under these Terms and Conditions does not constitute a waiver of that right or prevent the exercise of any other right;
(c) these Terms and Conditions represent the entire understanding between us in relation to the provision of the Services; and
(d) these Terms and Conditions and any other agreement that we may enter into to provide the Services to you are governed by the laws of New South Wales.