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Members terms and conditions of use


These terms and conditions apply to the use of this website, including the creation of a profile on the website, browsing the website.  In using this website, you agree to be bound by these terms and conditions.  If you do not accept these terms and conditions, you must refrain from using the website.  These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to My Playmate.

General

We are not an escort agency. We are not responsible for the content placed on the website and we do not warrant that we agree or hold the views and/or opinions that may be expressed on the website.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

Amendments to Terms and Conditions of Use

We reserve the right to amend these terms and conditions from time to time.  Amendments will be effective immediately upon notification on this website.  Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Membership

Browsing of the website is free and no membership is required.

In order to create and post your profile on the website, you must become a member. To become a member, you must complete your registration details in the manner described on the website.

We reserve the right to terminate your membership without notice at any time if you breach these terms and conditions.

Membership of this website is only open to you if you are eighteen (18) years old or over.

You agree to ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to the registration details as originally supplied.

Upon registration, you will be provided with an account designation. Membership is free within a 14 day trial period and pricing starts from $80 per month. The advertiser may elect to pay on a per month basis. The paid service period will commence at the time and date in which payment is received.  Your paid subscription is set to automatically debit your credit or debit card used. You will be notified prior to expiration of your advertisement so you can action accordingly. Payment must be received before the advertisement can be displayed. If payment is not received by the date of expiration of the advertising period, we reserve the right to remove your profile from the search results until you pay the fee for a further advertising period.

If we decide, in our sole discretion, to offer you a free period of advertising as part of any promotional campaign, you will be notified of when the advertising period will commence and finish.

Members Obligation

By registering as an advertiser of our website, you agree to abide by the following terms and conditions:

  • you acknowledge that any information or material submitted by you to the website is and will be treated by us as non-confidential and non-proprietary and we may use such material without restriction;
  • when you submit material to the website, you assign all copyright which subsists in such material to us;
  • you agree that you are over the age of 18 years if you are advertising on the website;
  • you agree not to post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
  • upon our request, you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed through our web site;
  • you are responsible for protecting the confidentiality of your password;
  • you will not post or transmit any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
  • you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights or privacy rights of any person;
  • you agree not to impersonate any other person;
  • you agree to ensure that your content is up to date, accurate and not misleading;
  • you agree not to post or transmit any unsolicited advertising or promotional materials;
  • you will not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
  • you accept that any material or information provided by you on your profile page may be posted on the web site for any other members or guests to read;
  • you accept that as a member, you are legally bound to only solicit business in the jurisdiction in which you are licensed. Furthermore, you cannot advertise your services in markets in which you are not legally registered;
  • all information provided by us in our website are provided in good faith.  You accept that any information provided by us is general information and is not in the nature of advice.  We derive our information from sources which we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time;
  • we do not make any representations or warranties that the information we provide in the website is reliable, accurate or complete or that your access to the website will be uninterrupted, timely or secure.  You accept that we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.  You agree to make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the website;
  • you accept that we do not accept any liability for the accuracy or content of any material posted by other members on the website. We are not liable for any loss resulting from any action taken of reliance made by you on any information or material posted by another member;
  • you accept that we do not accept any responsibility or liability for any information or material which you submit to the website, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the website;
  • you accept that we do not warrant that we will respond to questions or comments submitted by you to our website;
  • you accept that all advertisements published on My Playmate must comply with Advertising Guidelines applicable to your State and/or Territory. My Playmate accepts no legal liability or responsibility for the content of advertisements supplied to them by the advertiser. You agree to comply with all state and government laws in Australia, and you as the member agree to take full legal responsibility for failing to comply.
  • if you download any material from the website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.  You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material.  In addition, you may not commercialise any information, products or services from the downloaded material.

Provision of Content for Profiles

If you are registered as a member for creating and posting your profile on this website, you are able to provide us with content pursuant to these terms and conditions.
You will be responsible for all aspects of the production of the content and abide by the members’ obligations set out below.

We reserve the right to remove your content and/or terminate your membership without notice at any time if you breach these terms and conditions. Our decision is final and we reserve the right (but assume no obligation) to edit, retract or delete the contents that we consider unacceptable or inappropriate, or for any other reasons, which we disclose at our discretion and convenience.

Please be aware that the content that you provide to the website is governed by the rules and regulation of each state. The state in which you reside are the statutory rules and regulations in which you must abide when placing your advertisement on the website.  If you are unsure of what you can and cannot include in your profile advertisement, please see our FAQ section, for the details of the rules form state to state.

Your profile will be approved by us before it is available for members to see.

Disclaimer

We do not warrant that any material you submit to the website will be protected against loss, misuse or alteration by third parties.  We do not warrant that we will post your information or material in the website.  If we elect in our sole discretion to post your information or material in the website, we do not warrant that the material or information you submit will be posted within a certain timeframe.

We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to our subscribers, members and site visitors.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

We are not an escort agency.  We are not responsible for the content placed on the website and we do not warrant that we agree or hold the views and/or opinions that may be expressed on the website.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.  Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included. but our liability will be limited for a breach of that condition or warranty to one or more of the following: if the breach relates to our advertising services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Offensive Content

You are able to notify us of any content that you regard to be offensive in this website by contacting us at complaints@myplaymate.com.au

We do not warrant that we will respond to your comments.  If we elect in our sole discretion to respond to your comments, we do not warrant that we will respond within a certain timeframe.

Our decision as to whether particular content is regarded as offensive is final and we reserve the right (but assume no obligation) to edit, retract or delete the contents that we consider to be offensive.

Specific Warnings

  • You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
  • You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked website.
  • We do not accept liability for any losses arising directly or indirectly from a failure to provide the web site facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other members in contravention of the members’ obligations as set out in these terms and conditions or ay content transmitted by a non-member.
  • You must indemnify us and our related bodies corporate and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password and/or account designation, whether or not your have authorised that person to use your password and/or account designation.
    You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
  • Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated.  We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
  • Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

Copyright

Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information, products or services obtained from any part of this website;

without our express written permission.

Trademarks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us.  You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive;
  • in a manner that disparages us or our information, products or services (including this website).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use.  You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.

Linked Websites

This website may contain links to other websites (“linked websites”).  Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Security of Information

Whilst we understand that any data transmission over the internet cannot be guaranteed as totally secure, we continually strive to protect your personal information, we however do not warrant and cannot completely ensure the security of any information which you transmit to us. Nevertheless, once we receive your transmission, we will take all possible steps to preserve the security of your information.

Termination of Access

Access to this website may be terminated at any time by us without notice.  Our disclaimer will nevertheless survive any such termination.

Governing Law

These terms and conditions are governed by the laws in force in the State of New South Wales. In the event that the state of New South Wales does not have jurisdiction to hear matter relating to this agreement, then the laws in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Giveaway

  1. The promoter is: www.myplaymate.com.au whose registered office is at Baulkham Hills, New South Wales.
  2. Employees of myplaymate.com.au or their family members or anyone else connected in any way with the giveaway or helping to set up the giveaway shall not be permitted to enter the giveaway.
  3. To enter this giveaway a new profile must be created, approved and live on the site www.myplaymate.com.au within 24 hours of the initial registration time.
  4. Route to entry for the giveaway and details of how to enter are via 
  5. Closing date for entry is 5.30pm on the 31/03/2014 Australia Eastern Daylight Time. After this date the no further entries to the giveaway will be permitted.
  6. Once you agree to the terms and conditions, your profile is sent live and you have an “official created date” in our system, your entry will be complete and you are considered to be entered in the giveaway.
  7. No responsibility can be accepted for entries not received for any reason.
  8. The rules of the giveaway are as follows:
    1. The new registrant must register their new profile on www.myplaymate.com.au by clicking on the link the new registrant will receive via electronic communication,
    2. The new registrant must register on the site and have their profile completed and approved within 24 hours from the initial registration period. The profile must continue to be active from the registration period until the promotion finishes on the 31st March 2014.
  9. The giveaway prize for the winner is 1x Apple iPad Air 16gb Wifi only model, in the colour of the winners choice. There is only one (1) prize given away.
  10. The promoter is not responsible for any user support or warranty for the prize and will not enter into any communication regarding the prize.
  11. The promoter reserves the right to cancel or amend the giveaway and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the giveaway will be notified to entrants as soon as possible by the promoter by publicising a link under the “links” section on the home page of the website
  12. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this giveaway.
  13. No cash alternative to the prize will be offered. The prize is not transferable. Prize is subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
  14. Winner will be chosen by lucky hat draw at random by an the promoter and or its agents.
  15. The winner will be notified by SMS, email and/or letter within 7 days of the being drawn. If the winner cannot be contacted or do not claim the prize within 7 days of notification, the promoter reserves the right to withdraw the prize from the winner and/or pick a replacement winner.
  16. The winner will be drawn on the 1st April 2014 and the registered business address in Baulkham Hills NSW
  17. The promoter will notify the winner when and where the prize can be collected.
  18. The promoter’s decision in respect of all matters to do with the giveaway will be final and no correspondence will be entered into.
  19. By entering this giveaway, an entrant is indicating his/her agreement to be bound by these terms and conditions.
  20. The giveaway and these terms and conditions will be governed by law and any disputes will be subject to the exclusive jurisdiction of the courts.
  21. The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
  22. Entry into the giveaway will be deemed as acceptance of these terms and conditions.
  23. This promotion is in no way sponsored, endorsed or administered by, or associated with any other business. You are providing your information to www.myplaymate.com.au and its associated businesses. The information provided will be used in conjunction with the following Privacy Policy found at http://myplaymate.com.au/privacy-policy

 

To Return to the Website

To return to the home page, click here.

This website contains content that is sexual in nature.

To enter this site, you must be an adult of the legal age of eighteen (18) or older.

By clicking on the Enter link below, you confirm and understand that this site contains adult and explicit content and agree to release myplaymate.com.au from any liability that may arise from the use of this site.

Unless all the above criteria are met, you are not eligible to enter the site and must leave immediately.