TERMS AND CONDITIONS
PART A - INTRODUCTION
1. AGREEMENT TO THESE TERMS AND CONDITIONS
1.1. Every Advertiser who submits a request for advertising on, and every User who accesses, this Website agrees to these Terms and Conditions.
1.2. By accessing, using, printing, installing, or downloading any material from the Website, or becoming a member of the Website, Advertisers and Users agree to be bound by these Terms and Conditions (as amended from time to time by Filthy Gorgeous, at its sole discretion and without the requirement of any notice to the Advertiser or User). Their use of the Website at any time and particularly after any such changes are implemented, constitutes their acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time. If the Advertiser or User does not agree to be bound by these Terms and Conditions, they may not enter the Website; they must exit the Website immediately and they may not use or access the Website or print or download any materials from it.
2. FILTHY GORGEOUS SERVICES
Filthy Gorgeous Pty Ltd ACN 607 599 995 (“Filthy Gorgeous”) provides digital and online services to advertise adult products and services including but not limited to legal escort or sex work services, websites, apps, email and social media to its Advertisers (the "Filthy Gorgeous Services").
PART B - ADVERTISER
3. ADVERTISING SERVICES
3.1. By submitting an advertisement with Filthy Gorgeous, the Advertiser acknowledges that:
3.1.1. they are over 18 years of age and will not imply that they are under the age of 18;
3.1.2. they are the legal owner of any information and material (including photographs) submitted to and posted on the Website and no other third party has a right to such information and material.
3.2. The Advertiser agrees not to impersonate or pose as any other person, and that all information and or material including photographs submitted to and posted on the Website relates to the Advertiser alone. The Advertiser will not under any circumstances send another person in their place for any appointment. The Advertiser will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the Advertiser's own personal website).
3.3. Whilst the Advertiser advertises on the Website they, or any Related Entity (as defined in the Corporations Act 2001 (Cth)) must not have an interest in another website, business or venture that competes with the Website, the Filthy Gorgeous Services or Filthy Gorgeous.
3.4. The Advertiser agrees that if the Advertiser is found, in the opinion of Filthy Gorgeous acting reasonably, to:
3.4.1. be using the photos or advertising material of another person as their own; or
3.4.2. be sending another person in their place for any appointment; or
3.4.3. be using the Website to refer Users to any other advertising directory, dating website or any other website (except the client's own personal website);
3.4.4. be using photographs, information and material not owned by them or which in Filthy Gorgeous' opinion a third party has expressed a right over such photographs, information and material; or
3.4.5. have an interest in another website, business or venture that competes with the Website, the Filthy Gorgeous Services or Filthy Gorgeous,
the Advertiser's subscription may, in Filthy Gorgeous' absolute and unfettered discretion, be cancelled without refund (except as required at law) and the Advertiser's profile will be immediately removed from the Website.
3.5. The Advertiser authorises and consents to Filthy Gorgeous publishing the Advertiser's supplied photographs and information on the Website, and any other website Filthy Gorgeous manages in order to promote the Filthy Gorgeous Services, including on any social media platform and grants Filthy Gorgeous a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the photographs and information in any form or medium, including print, online or other. The Advertiser warrants that it is authorised to grant Filthy Gorgeous the licence in this clause.
3.6. Filthy Gorgeous reserves the right to crop the Advertiser's images if they do not fit with the Website layout, or to improve the Advertiser's listing and the Advertiser authorises such amendment.
3.7. Subject to clause 3.6, Filthy Gorgeous will publish images online in the manner they are received from the Advertiser, unless notified by the Advertiser in writing via email to do otherwise. If the Advertiser requires their images to be cropped or blurred the Advertiser must notify Filthy Gorgeous at the time of providing these images.
3.8. The Advertiser agrees it is their sole responsibility and not the responsibility of Filthy Gorgeous to ensure that:
3.8.1. their advertisement is compliant with all relevant Australian State, Territory and Federal laws and laws of any other country in which the Advertiser advertises, or provides, escort or sex work services, including States, Territories and countries that the Advertiser is touring in, including but not limited to the:
184.108.40.206. Competition and Consumer Act 2010 (Cth);
220.127.116.11. Fair Trading Acts in all applicable States and Territories;
18.104.22.168. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
22.214.171.124. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
126.96.36.199. all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the Advertiser does business; and
188.8.131.52. all legislation applicable to the advertising of escort or sex work services
3.8.2. they hold all consents, licences and approvals, necessary to lawfully advertise, and provide, escort or sex work services in any place, whether inside or outside Australia, where they so advertise or provide such services
and the Advertiser releases and indemnifies Filthy Gorgeous in this regard.
3.9. The Advertiser understands that their advertisement will be reviewed and approved by Filthy Gorgeous before it will be displayed online. If Filthy Gorgeous finds there is any content that does not comply with State, Territory or Federal laws, Filthy Gorgeous will ask the Advertiser to amend this content before the Advertiser's advertisement is approved.
3.10. The Advertiser will not place a link to any other advertising portal or directory on the Website.
3.11. The Advertiser consents to receiving electronic communication from Filthy Gorgeous.
3.12. The Advertiser's acceptance of these Terms and Conditions also constitutes the Advertiser's acceptance of the Filthy Gorgeous Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.
3.13. All advertisements must be pre-paid, with the funds cleared in Filthy Gorgeous' bank account before an advertisement can be displayed on the Website.
3.14. The advertising period will commence at the time and date on which payment is received.
3.15. If Filthy Gorgeous decides, in its absolute discretion, to give the Advertiser a free period of advertising, the Advertiser will be notified of the commencement and finish dates of the free period.
3.16. Filthy Gorgeous may decide, in its absolute discretion, to allow the Advertiser to pause advertising. Any advertising fees which have been pre-paid may be held as a credit for use at a later date but these credits must be used within ninety (90) days of the pause being initiated. Any advertising credit not used within ninety (90) days will expire and (subject to applicable laws) no refund will be given.
3.17. Filthy Gorgeous may, in its absolute discretion, terminate any advertising and subscription which breaches any of these Terms and Conditions or where the Advertiser breaches any of these Terms or Conditions (and subject to any applicable laws), without refund.
3.18. Filthy Gorgeous may, in its absolute discretion, decline any regular request by an Advertiser of image changes if the requests are on a frequent basis. The acceptable time frame for image changes will be determined by Filthy Gorgeous in its sole discretion.
3.19. Filthy Gorgeous understands that there may be slight differences between an Advertiser's profile images and the Advertiser in real life, due to photographic techniques used as well as flattering lighting and angles. Image verification is not compulsory, however if a complaint is received about image authenticity then the Advertiser's images must be verified as per the Filthy Gorgeous image verification process. More details for this process may be obtained from Filthy Gorgeous upon request. Filthy Gorgeous may, at its absolute discretion, immediately suspend any Advertiser's website profile unless and until it is satisfied that the image verification has been, in Filthy Gorgeous' sole opinion, satisfactorily completed.
3.20. If the Advertiser is found to have images that are outdated and no longer represent the way the Advertiser looks, Filthy Gorgeous, in its absolute discretion, may ask for replacement images that are current and the Advertiser must supply them or Filthy Gorgeous may cancel the Advertiser's subscription.
3.21. The Advertiser is under no obligation or requirement to agree to these Terms and Conditions but in the event the Advertiser is unwilling or unable to agree with these Terms and Conditions Filthy Gorgeous is unable to provide the Filthy Gorgeous Services and advertising services to the Advertiser.
4. SEARCH FOR INFORMATION SERVICES
4.1. The Advertiser advertises on the Website at their own risk.
4.2. Filthy Gorgeous provides the search for information services as part of the Filthy Gorgeous Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Filthy Gorgeous cannot accept responsibility for such errors and omissions but invites Advertisers to inform it if any are discovered.
4.3. Filthy Gorgeous is not responsible for, and expressly disclaims all liability for, damages of any kind arising from transactions that are instigated because of the Advertiser advertising or using the Website.
4.4. Filthy Gorgeous recommends Advertisers use only personal computers and personal email addresses when accessing and using the site as Filthy Gorgeous will send emails and advertising material to the Advertiser which the Advertiser may find to be of a sensitive or personal nature.
4.5. Without limiting clause 4.3, Filthy Gorgeous will not be responsible for any monies lost by Advertisers in respect of transactions that are instigated because of such advertisements or use of the Website. Filthy Gorgeous recommends that Advertisers express caution when accepting any pre-payments or deposits from any Users.
5. OBLIGATIONS OF THE ADVERTISER
The Advertiser acknowledges, covenants and warrants that:
5.1. they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Filthy Gorgeous (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;
5.2. they will not under any circumstances pose as any other person or send another person in their place for any appointment;
5.3. they own all intellectual property in, or are legally authorised to use and distribute, any photographs and advertising material submitted to Filthy Gorgeous and have free and unfettered right to use and distribute such photographs and advertising material;
5.4. they will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the client's own personal website);
5.5. they will uphold the good name and protect the goodwill of Filthy Gorgeous at all times;
5.6. they will conduct themselves in a professional manner at all times and comply with their obligations under these Terms and Conditions;
5.7. they will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Filthy Gorgeous;
5.8. they will not interfere with or disrupt the access of other Advertisers or Users of the Website in any way;
5.9. they will not place on the Website any material which is unlawful, harassing, libellous, abusive, threatening, harmful, discriminatory or otherwise objectionable of any kind (including any third party intellectual property, without the consent of the owner of that third party intellectual property);
5.10. all information provided by the Advertiser to Filthy Gorgeous (including any images which relates to the Advertiser in any way) is true and accurate in every detail and all required consents for its disclosure have been obtained by the Advertiser;
5.11. that the publication of their photographs and advertising material does not breach or infringe:
5.11.1. the Competition and Consumer Act (Cth) or equivalent State legislation;
5.11.2. any copyright, trade mark, obligation of confidentiality or other personal or proprietary right including intellectual property rights;
5.11.3. any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
5.11.4. State or Commonwealth privacy legislation or anti-discrimination legislation; or
5.11.5. any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory); and
5.12. that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
6. PAYMENT OF THE FEES
The Advertiser agrees to pay the Fees in the following manner for obtaining Filthy Gorgeous Services:
6.1.1. In order to access the Website, the Advertiser must pay the Fees shown in the member pages of the Website, once the Advertiser has registered on the Website as a member and logged on to the member's area of the Website.
6.1.2. All Fees are due and payable in accordance with the requirements of each Filthy Gorgeous Services (as set out from time to time on the Website).
6.1.3. Pre-payments are encouraged from Advertisers and attractive discounts are available for such pre-payments (as set out from time to time on the Website).
6.1.4. Payments will not be treated as received or paid until they have actually been received by Filthy Gorgeous.
6.2. Payment Methods
6.2.1. Payment methods are by credit card, BPAY or direct bank transfer to Filthy Gorgeous' nominated bank account.
6.2.2. For payments by direct deposit into the Filthy Gorgeous nominated bank account, one renewal notification will be sent to the Advertiser by email.
6.2.3. Email notifications will be sent three (3) days prior to the payment due date. To ensure uninterrupted advertising on the Filthy Gorgeous Website, the Advertiser must make payment by no later than 48 hours after the due date.
6.2.4. If payment is not received within 48 hours after the expiry date of the current advertising period, Filthy Gorgeous reserves the right to suspend the Advertiser's advertising until payment is received.
6.3.1. Subject to the requirements of any applicable laws:
184.108.40.206. refunds are made at the absolute discretion of Filthy Gorgeous; and
220.127.116.11. in the case of pre-payments, as the Advertiser will have already received a discount for making a pre-payment, no further refund will be available to the Advertiser if the Advertiser changes their mind about using the Filthy Gorgeous Services prior to the end of the period for which the Advertiser has made a pre-payment.
6.3.2. Refunds will be processed promptly and payment made by direct deposit to the Advertiser's nominated account. Refund payments may take up to seven (7) business days to be received.
7. INTEREST ON OVERDUE PAYMENTS
The Advertiser must pay on demand interest on any money due but unpaid by the Advertiser to Filthy Gorgeous. Interest is payable at the Default Interest Rate and is to be computed on daily rests from the due date for payment of the money until payment of that money is received by Filthy Gorgeous in full. Interest not paid when due is to be capitalised at monthly intervals.
8.1. Unless stated otherwise all of the Fees are inclusive of GST.
8.2. Subject to clause 8.1, if any payment made by one party to any other party under or relating to these Terms and Conditions constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will subject to the receipt by the payer of a tax invoice in the prescribed form be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply.
9. SOCIAL MEDIA
9.1. Subject to clause 9.2, the Advertiser, when they initially sign up for the Filthy Gorgeous Services, will be automatically promoted via social media platforms (as selected by Filthy Gorgeous, at its sole discretion, from time to time). Such social media may include Twitter and Facebook.
9.2. All new Advertisers will receive a welcome email, which will provide them with the ability to elect not to be promoted via social media. This can be achieved by the Advertisers logging into their member profile and selecting "No" to the various social media platforms that may be used by Filthy Gorgeous to promote Advertisers (including, without limitation, Twitter and Facebook).
9.3. If the Advertiser selects "Yes" to being promoted via any social media platforms, the Advertiser agrees and understands that due to the nature of social media and the volume of posts, there may be old Tweets and Facebook posts that remain in the timeline, and can be found in future by search engines.
9.4. If the Advertiser decides not to be promoted on social media in the future, or if the Advertiser's Filthy Gorgeous advertising is terminated, the Advertiser agrees and understands that previous social media posts will remain online, and will not be automatically deleted by Filthy Gorgeous.
9.5. If the Advertiser wishes to have previous social media posts deleted, the Advertiser must provide the direct links of all of these posts to Filthy Gorgeous. Filthy Gorgeous will not be responsible for any social media posts that are not removed. The Advertiser acknowledges that Filthy Gorgeous will not use any tools such as URL removal tools in this regard.
10. THIRD PARTY SEARCH ENGINES
10.1. If the Advertiser's subscription is cancelled, terminated or expires Filthy Gorgeous will remove the Advertiser's content from the Website after the cancellation, termination or expiration.
10.2. The Advertiser acknowledges that notwithstanding the cancellation, termination or expiration of the Advertiser's subscription the Advertiser's content on the Website may still be viewable on the Website and third party search engines (notwithstanding its removal from the Website) and Filthy Gorgeous is not responsible for such content being visible and indexed by third party search engines. The Advertiser acknowledges that Filthy Gorgeous will not use any tools such as URL removal tools in this regard.
PART C - USER
11. SEARCH FOR INFORMATION SERVICES
11.1. The User searches and uses the Website at their own risk.
11.2. Filthy Gorgeous provides the search for information services as part of the Filthy Gorgeous Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Filthy Gorgeous cannot accept responsibility for such errors and omissions but invites Users to inform it if any are discovered.
11.3. Filthy Gorgeous is not responsible for, and expressly disclaims all liability for, damages or loss of any kind arising or of use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.
11.4. The Website is a directory only and Users should satisfy themselves as to the accuracy of the advertisement and the legitimacy, suitability and qualification of the Advertiser.
11.5. Without limiting clause 11.3, Filthy Gorgeous will not be responsible for any monies lost by Users in respect of transactions that are instigated because of such advertisements or use of the Website. Filthy Gorgeous recommends that Users express caution when making any pre-payments or deposits to any Advertisers.
11.6. Filthy Gorgeous recommends Users use only personal computers and personal email addresses when accessing and using the Website as Filthy Gorgeous will send emails and advertising material to the User which the User may find to be of a sensitive or personal nature.
11.7. The User consents to receiving electronic communication from Filthy Gorgeous.
11.8. The Users' acceptance of these Terms and Conditions also constitute the User's acceptance of the Filthy Gorgeous Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.
11.9. The User is under no obligation or requirement to agree to these Terms and Conditions but in the event the User is unwilling or unable to agree with these Terms and Conditions, Filthy Gorgeous is unable to provide the Filthy Gorgeous Services.
12. OBLIGATIONS OF THE USER
The User acknowledges, covenants and warrants that:
12.1. they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Filthy Gorgeous (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;
12.2. they will comply with their obligations under these Terms and Conditions;
12.3. they will not use the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Filthy Gorgeous;
12.4. they will not interfere with or disrupt the access of other Users of the Website in any way;
12.5. they will observe and be bound by the Acceptable Usage Rules;
12.6. it is their sole responsibility and not the responsibility of Filthy Gorgeous to ensure that they comply with all laws relevant to the engagement of escort or sex work services in the place where they engage such services, whether inside or outside Australia; and
12.7. they release and discharge Filthy Gorgeous from all liability for damages or loss of any kind arising out of use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.
PART D - IMAGE VERIFICATION
13. IMAGE VERIFICATION
The Advertisers and Users acknowledge that:
13.1. Filthy Gorgeous provides an optional image verification procedure. Advertisers who opt to take part in image verification must supply a verification photo. The verification photo must show identifying features which match the Advertiser's profile photos. Advertisers must not under any circumstances provide false or misleading information as part of the image verification service;
13.2. Some of the identifying features Filthy Gorgeous may use are any or all of the following (without limitation):
14.2.1. a photo showing matching clothing or lingerie from the Advertiser's photo shoot;
14.2.2. a photo showing the Advertiser's facial features;
14.2.3. a photo showing the Advertiser's body which matches the style of the body in the Advertiser's profile images; and
14.2.4. a photo showing matching features such as tattoos;
13.3. Filthy Gorgeous will only mark a profile with the "Photos Verified" seal, if Filthy Gorgeous is satisfied (in its absolute and sole discretion) that the verification image supplied by the Advertiser closely matches the images in the Advertiser's profile;
13.4. Although Filthy Gorgeous uses all reasonable means available to Filthy Gorgeous to verify an Advertiser's photos, Filthy Gorgeous does not warrant or represent that the image is true and correct;
13.5. Filthy Gorgeous does not warrant or represent, and provides no guarantee, that the Advertiser that a User meets in person is the same person as that shown in the Advertiser's profile images, and all Users must make their own judgment and enquiries about whether or not to proceed with any booking; and
13.6. Image verification only reflects Filthy Gorgeous' reasonable opinion (after making all reasonable enquiries) that the images in the Advertiser's profile are that of the Advertiser, and Filthy Gorgeous will not be responsible or liable if the images are not those of the Advertiser.
PART E - GENERAL
14. POWERS OF FILTHY GORGEOUS
14.1. Advertisers and Users generally
The Advertiser and the User agree that:
14.1.1. Filthy Gorgeous at its sole and absolute discretion may refuse, without requiring any notice to them:
18.104.22.168. to accept or display any advertisement or any other content provided by the Advertiser for the Website or otherwise; or
22.214.171.124. to allow the User to access the Website.
14.1.2. Filthy Gorgeous may modify the Website or any Filthy Gorgeous Service (including, without limitation, the Fees payable from time to time) in any way, without notice to the Advertiser or the User.
14.1.3. Filthy Gorgeous may modify these Terms and Conditions without notice to the Advertiser or User and such modifications will apply from the time that they are made.
14.1.4. Upon payment of the Fees, the Advertiser will be provided by Filthy Gorgeous via the Website, or by email, with the means to access the Website, such as an activation key and password.
14.1.5. Filthy Gorgeous may require an Advertiser to change its user name or password or use a different method of accessing the Website from time to time.
14.1.6. If an Advertiser or User has breached these Terms and Conditions, the Acceptable Usage Policy or any other relevant documents governing the relationship between Filthy Gorgeous and the Advertiser or the User, Filthy Gorgeous may terminate, without notice, the Advertiser's or User's membership/subscription to the Website.
In addition to the rights of Filthy Gorgeous under clause 3, Filthy Gorgeous reserves the right to terminate or cancel any advertising, without notice to the Advertiser and at Filthy Gorgeous' sole and unfettered discretion, where:
14.2.1. a complaint about the Advertiser is received from any third party;
14.2.2. if the Advertiser is asked to provide image verification and fails to do so, or the image verification fails;
14.2.3. if a third party takes any action against Filthy Gorgeous for any act, omission or negligence on the part of the Advertiser (including but not limited to sending another person in their place to any appointment or providing deceptive or misleading images of the Advertiser to Filthy Gorgeous);
14.2.4. if, in the reasonable view of Filthy Gorgeous, the Advertiser has engaged in deceptive or misleading advertising or conduct;
14.2.5. if, in the reasonable view of Filthy Gorgeous, the Advertiser is bringing Filthy Gorgeous or the Website into disrepute;
14.2.6. if, in the reasonable view of Filthy Gorgeous, the Advertiser is working for or represents an escort agency;
14.2.7. if the Advertiser's images are found on the website of an escort agency; or
14.2.8. if the Advertiser's images are found on any third party website, or in the reasonable view of Filthy Gorgeous, the ownership of any image is in doubt.
15. REPRESENTATIONS, WARRANTIES AND NEGATIVE WARRANTIES
15.1. The Advertiser and the User acknowledge and agree that Filthy Gorgeous has not made any representation or given any warranties:
15.1.1. in relation to the Website; or
15.1.2. in relation to the training materials and other services provided by Filthy Gorgeous via the Website or otherwise; or
15.1.3. the Filthy Gorgeous Services.
15.2. The Advertiser and the User and any other third party acknowledge that Filthy Gorgeous is not responsible in any way for any actions, omissions or negligence on the part of any Advertiser and Users of the Website and that any contract formed between Advertisers and Users as a direct or indirect result of the provision of Filthy Gorgeous Services, is solely and wholly between the Advertiser and User and not, under any circumstances, with Filthy Gorgeous.
15.3. Filthy Gorgeous will use its reasonable endeavours to protect all private information of the Advertiser and Users of the Website.
15.4. Advertisers and Users acknowledge and agree that data transmission over the internet cannot be guaranteed as totally secure. Whilst Filthy Gorgeous will use its reasonable endeavours to protect such information, Filthy Gorgeous does not warrant and cannot ensure the security of any information which is transmitted to Filthy Gorgeous. Accordingly, any information which an Advertiser or User transmits to Filthy Gorgeous is transmitted at their own risk, including (without limitation) private email addresses, personal information and images. Filthy Gorgeous takes reasonable steps to preserve the security of such information and images, but will not be held responsible if the information or images become public, under any circumstances.
15.5. Filthy Gorgeous gives no warranty as to accuracy, suitability or functionality of the Website or the Filthy Gorgeous Services. The Advertiser and User acknowledge that from time to time there may be faults, defects and errors with the Website and they must not hold Filthy Gorgeous responsible in this regard. If they become aware of such faults, defects or errors they must inform Filthy Gorgeous.
16. LIABILITY, INDEMNITY AND RELEASE
16.1. To the extent permitted by law, Filthy Gorgeous (including its respective officers, employees, sub-contractors and agents) is not responsible or liable whatsoever for:
16.1.1. cancellation, modification, suspension or delay of the Filthy Gorgeous Services;
16.1.2. the unavailability or inaccessibility of the Filthy Gorgeous Services and Website for any reason;
16.1.3. any loss suffered or sustained to a person or property, including but not limited to consequential (including economic) loss, by reason of any act or omission, deliberate or negligent by Filthy Gorgeous or its servants or agents in connection with the Filthy Gorgeous Services, the Website and any person agreeing to these Terms and Conditions.
16.2. The Advertiser and the User indemnify and keep indemnified Filthy Gorgeous, its officers, employees, sub-contractors and agents on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal costs (on a solicitor and own client basis) which Filthy Gorgeous pays, suffers or incurs or is liable for in respect of:
16.2.1. any negligent act or omission of the Advertiser or User, including (without limitation), sharing their user name and password with any other third parties;
16.2.2. any act or omission of the Advertiser or User which is intended to cause damage in any way to Filthy Gorgeous knowingly or unknowingly;
16.2.3. any breach of these Terms and Conditions;
16.2.4. the failure to comply with these Terms and Conditions; and
16.2.5. Filthy Gorgeous doing anything which the Advertiser or User must do under these Terms and Conditions but has not done or which Filthy Gorgeous considers has not done properly.
16.3. The Advertiser and the User release Filthy Gorgeous from, and agree that Filthy Gorgeous is not liable for any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from anything Filthy Gorgeous is permitted or required to do under these Terms and Conditions.
16.4. Advertisers and Users acknowledge that certain risks might arise from any contract, agreement or arrangement between an Advertiser and a User for the supply of escort or other services including, but not limited to:
16.4.3. permanent disability;
16.4.4. sexually transmitted diseases;
16.4.7. rape or other indecent assault;
16.5. Advertisers and Users acknowledge and accept that they assume all responsibility and liability for the Risks, and release Filthy Gorgeous from, and indemnify Filthy Gorgeous against, any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from the Risks.
16.6. Subject to these Terms and Conditions and this clause 16, if Filthy Gorgeous is found to be liable its liability is limited as set out in clause 16.7.
16.7. To the extent permitted by law, the aggregate liability of Filthy Gorgeous to the Advertiser or User or any other party who may have a claim against Filthy Gorgeous in respect of the Website and/or Filthy Gorgeous Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Advertiser or User (if any) for the Filthy Gorgeous Services or the cost of their re-supply, whichever Filthy Gorgeous elects in its absolute discretion and for a period of 30 days from the event which gave rise to such liability.
17.1. Filthy Gorgeous gives no warranty or representation in relation to the supply of the Filthy Gorgeous Services and the Advertiser and User acknowledge that they have not relied on any representation or warranty made by or on behalf of Filthy Gorgeous in relation to the Filthy Gorgeous Services.
17.2. Any warranties or conditions implied by law, either by statutory instrument or otherwise in respect of Filthy Gorgeous or the Filthy Gorgeous Services, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.
17.3. The Advertiser and the User acknowledge that they have undertaken their own inspections and made independent enquiries in reaching any decision to purchase the Filthy Gorgeous Services pursuant to these Terms and Conditions.
17.4. The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give the Advertisers and Users other legal rights. If they apply to the Filthy Gorgeous Services the Advertiser and User acknowledge that they cannot be modified or excluded by any contract. Nothing in these Terms and Conditions generally affects their rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.
18. LINKS TO OTHER WEBSITES
18.1. Filthy Gorgeous may from time to time provide on the Website, links to other websites and information on those websites for the Advertisers' and Users' convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Filthy Gorgeous and the owners of those other websites. Filthy Gorgeous takes no responsibility for any of the content found on such linked websites.
18.2. The Website may contain information provided by third parties for which Filthy Gorgeous accepts no responsibility whatsoever including, without limitation, for information or advice provided to the Advertiser or User directly by third parties. Filthy Gorgeous is making a 'recommendation' only and are not providing any advice and Filthy Gorgeous is not responsible for any advice received in this regard.
19.1. Filthy Gorgeous may terminate the agreement with the Advertiser as set out in these Terms and Conditions at any time without notice.
19.2. Upon termination:
20.2.1. Filthy Gorgeous will remove the Advertiser's access to the Website; and
20.2.2. where applicable, the Advertiser must immediately pay Filthy Gorgeous any outstanding Fees that it owes Filthy Gorgeous.
19.3. The obligations of the Advertiser under any clause of these Terms and Conditions, survive the termination of this agreement.
20.1. Filthy Gorgeous may at any time assign all or any of its rights and liabilities arising under these Terms and Conditions.
20.2. The Advertiser is not entitled to assign or purport to assign any of its rights or liabilities under these Terms and Conditions without the prior written consent of Filthy Gorgeous (which consent may be given or withheld or given subject to conditions in Filthy Gorgeous' absolute discretion).
21. ACCEPTABLE USAGE RULES
The Advertiser and the User agree that the Acceptable Usage Rules form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Acceptable Usage Rules, then these Terms and Conditions will prevail to the extent of any inconsistency.
22. UNFORESEEN CIRCUMSTANCES
Filthy Gorgeous will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure, hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the Websites performance.
23. DISCRIMINATION POLICY
This policy applies to all Advertisers and Users of Filthy Gorgeous, the Filthy Gorgeous Services and the Website.
23.2.1. Filthy Gorgeous takes seriously its responsibility to comply with all anti-discrimination laws.
23.2.2. Filthy Gorgeous has taken all reasonable steps to ensure it is at all times complying with all anti-discrimination laws, and that the Filthy Gorgeous Services do not portray people or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sex, sexual orientation, transgender status, marital status, family responsibilities, religion, disability or impairment, mental illness, political belief or activity, religious belief or activity, breastfeeding or any other attribute identified under State, Territory or Federal anti-discrimination or human rights legislation, or personal association with a person with the attributes identified.
23.2.3. If an Advertiser or User believes that any aspect of the Website or Filthy Gorgeous Services contravenes any anti-discrimination laws, Filthy Gorgeous requests that they contact Filthy Gorgeous to resolve the issue.
23.3. Compliance by Advertisers
23.3.1. Advertisers must comply with all State, Territory and Federal anti-discrimination laws which may affect them.
23.3.2. If an Advertiser is found to be in breach of any anti-discrimination law (including but not limited to an Advertiser's advertisement or conduct breaches anti-discrimination law) Filthy Gorgeous reserves the right to immediately cancel the Advertiser's subscription and/or account without refund (except as required at law) and the Advertiser's profile will be immediately removed from the Website.
24.1. Independent legal and financial advice
By agreeing to abide by these Terms and Conditions, the Advertiser and the User warrant that they have reviewed these Terms and Conditions and have:
24.1.1. obtained independent legal and financial advice; or
24.1.2. had the opportunity to consult independent legal and financial advice,
on these Terms and Conditions.
If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms and Conditions is not affected.
A party may validly give a notice to another party only by:
24.3.1. personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);
24.3.2. leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);
24.3.3. posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);
24.3.4. emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent and the sender receiving notification of the successful delivery of the email transmission; or
24.3.5. sending the notice by facsimile, without transmission error (the notice is treated as received on production of a "successful transmission" notice) to the facsimile number of the party.
24.4. Governing law and jurisdiction
These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of New South Wales in the Commonwealth of Australia and the Advertiser, User and Filthy Gorgeous irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales and the courts of appeal from them.
Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:
24.5.1. is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and
24.5.2. must be in writing and signed by the party granting the waiver.
Filthy Gorgeous may amend these Terms and Conditions at any time and the Advertiser and the User agree to be bound by the Terms and Conditions as amended.
25. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:
25.1.1. Acceptable Usage Rules means the Acceptable Usage Rules which govern the use of the Website.
25.1.2. Advertiser means a person or entity who advertises on the Website and/or engages the services of Filthy Gorgeous in accordance with these Terms and Conditions.
25.1.3. Default Interest Rate means a percentage interest rate per annum equal to the rate set by Filthy Gorgeous' bank as its benchmark rate for overdrafts of $100,000.00 or more plus 2% or, if there is no such rate, the rate of 12% per annum;
25.1.4. Fees means the fees, which are set out on the Website (as amended from time to time) and which are payable by the Advertiser and/or User (as the case may be) for accessing the materials on the Website.
25.1.5. GST means any tax, levy, charge, or impost implemented under the GST Act;
25.1.6. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of or which has a similar effect to the GST Act;
25.1.7. Filthy Gorgeous means Filthy Gorgeous Pty Ltd ACN 607 599 995.
25.1.8. Filthy Gorgeous Services means all of the services provided by Filthy Gorgeous to an Advertiser and User pursuant to these Terms and Conditions.
25.1.9. Terms and Conditions means these terms and conditions as amended from time to time.
25.1.10. User means a person or entity who uses and accesses the Website in accordance with these Terms and Conditions.
25.1.11. Website means the website www.penthouse.com.au (a web domain registered and owned by Penthouse Global Media, Inc. of Chatsworth, California and licensed for use by Filthy Gorgeous Pty Ltd ACN 607 599 995) or such other website or social media platforms operated by Filthy Gorgeous from time to time from which Filthy Gorgeous provides the Filthy Gorgeous Services.
In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:
25.2.1. clause and subclause headings are for reference purposes only;
25.2.2. the singular includes the plural and vice versa;
25.2.3. words denoting any gender include all genders;
25.2.4. reference to a person includes any other entity recognised by law and vice versa;
25.2.5. where a word or phrase is defined its other grammatical forms have a corresponding meaning;
25.2.6. any reference to a party to these Terms and Conditions includes its successors and permitted assigns;
25.2.7. if a party consists of more than one person, these Terms and Conditions binds them jointly and each of them severally;
25.2.8. any reference to any agreement or document includes that agreement or document as amended at any time;
25.2.9. the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;
25.2.10. the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
25.2.11. an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
25.2.12. an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;
25.2.13. reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in these Terms and Conditions means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;
25.2.14. reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated;
25.2.15. these Terms and Conditions may not be construed adversely to a party only because that party was responsible