This Agreement was last modified on 31st August 2015.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.
In This User Agreement:
“Account” means the account you open when you agree to this Agreement and fill out the User or Advertiser application form on the website.
“Advertiser(s)”, “you” or “your” means a User(s) that offers and provides services or identifies as a Advertiser(s) or Seller(s) through the Website.
“Advertiser Services ” means all services provided by Advertiser(s).
“Buyer” means a User that investigates and purchases Advertiser Services or items from Advertisers or identifies an Advertiser through the Website.
“Sexperience”, “we”, “our”, or “us” means Sexperience, which is a business name owned by Alines Holdings Pty. Ltd. ABN 50 600 970 143 (“Sexperience”)
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trade marks, and any right to have confidential information kept confidential; and
any application or right to apply for registration of any of the rights referred to in paragraph,
whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“User” means an individual who visits or uses the website
“Website” means the websites operated by Sexperience and available at: sex.perience.com.au and any related Sexperience service, tool or application.
By using the Sexperience site, you agree to the following terms with Sexperience.
We may amend this Service Provider Agreement from time to time by emailing amended terms to you.
Before using the Sexperience Website, we recommend that you read the whole User Agreement and the website policies listed on the website.
You will not use the Sexperience Website if you:
are not able to form legally binding contracts; or
are under the age of 18; or
a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; or
are suspended from using the Sexperience Website.
You agree to provide a valid form of photo identification for the purpose of Sexperience validating your age and ensuring you are not under the age of 18 if requested to do so. Your identity is kept private and purely for identification purposes.
Users and Adveritisers may provide a business name, company name or working name, which is to be associated with the User’s Account. Users and Advertisers acknowledge and agree that where a business name, company name or working name is associated with their Account, this User Agreement is a contract with the User or Advertiser as an individual (not the business or company or working name) and Users and Advertisers remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person, corporate entity or working name as a User or Advertiser.
4. Using Sexperience
While using the Sexperience Website, you will not:
infringe any laws, third party rights or our policies;
Advertise or request any sexual services.
Post or display any nudity.
circumvent or manipulate our fee structure, the billing process, or fees owed to Sexperience;
post false, inaccurate, misleading, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Sexperience Website);
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Sexperience, the Website, or the interests or property of Sexperience users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Sexperience Website;
copy, modify or distribute rights or content from the Sexperience Website or Sexperience’s copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Fees And Services
We charge fees for certain services, such as certain Gold and Platinum memberships and listing upgrades. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by email. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in Australian Dollars.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in Australia, all fees earned by us from Australian Users will be subject to a 10% Goods and Services Tax (GST) on all fees, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
We may display your company, business name or working name, logo, images or other media, and public description of your Services and profile as part of the Sexperience Services and/or other marketing materials relating to the Sexperience Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that:
we only act as a portal for the online distribution and publication of User and Advertiser content. We make no warranty that User and Advertiser content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User or Advertiser content;
we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and
any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User or Advertiser content at our sole discretion.
You represent and warrant that your content:
will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
will not violate any law or regulation;
will not be defamatory or trade libellous;
will not be obscene or contain child pornography;
will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
will not contain material linked to terrorist activities
will not include incomplete, false or inaccurate information about User or any other individual; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Information on the Website and this Agreement may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
9. Feedback, Reputation And Reviews
You may not do (or omit to do) anything that may undermine the integrity of the Sexperience feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Service Provider Services via the Website.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you;
take steps to confirm ownership of your email address or financial instruments; or
verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Sexperience Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
12. Advertiser Services
All queries in respect of the services represented by the Website must be directed to the applicable Advertiser. Sexperience does not control the business operations of any Advertiser. Sexperience makes no guarantees or warranties about the services or experiences that are provided to you by the Advertiser(s).
All costs are directly agreed between the Buyer and the Advertiser. All additional costs not expressly stated, but which may incurred in the use of the services or experiences, are your responsibility.
Upon the Buyer agreeing on a service with the Advertiser, and the Advertiser’s acceptance of such, the Buyer and Advertiser will be deemed to have entered into a contract under which the Buyer agrees to purchase, and the Advertiser agrees to deliver the Advertised Service(s).
You are solely responsible for providing the buyer with the Advertiser Service(s) purchased, and solely responsible for fulfilling the services and experiences purchased by the Buyer. The Advertiser acts as principal and Sexperience acts as disclosed agent in respect of the sale of services and experiences.
You are solely responsible for ensuring that you comply with your obligations to any Buyer. If you do not, you may become liable to that Buyer. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Advertiser, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a contract between Buyer and Advertiser.
Each User acknowledges and agrees that the relationship between Buyers and Advertisers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Sexperience and the User.
13. Funds / Payments
Payments for advertising may be made via paypal, visa, mastercard or direct bank transfer.
Payments are recurring and will be automatically debited on the due date unless a subscription is cancelled. You will receive an email notification that your card has been debited.
For payments by direct deposit into Sexperience bank account, renewal notifications will be sent via email.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
we are not acting as a trustee or fiduciary with respect to such funds or payments;
14. Refunds & Cancellations
Subject to the requirements of any applicable laws, refunds are at the discretion of Sexperience.
15. Right To Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
to manage any risk of loss to us, a User, or any other person; or
for other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
16. Closing Your Account
You may close your Account at any time by emailing us at firstname.lastname@example.org, subject to:
resolving any outstanding matters (such as a suspension or restriction on your Account); and
paying any outstanding fees owing on the Account.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Sexperience Website and Sexperience Services.
19. No Insurance Or Warranty
We do not offer any form of insurance, or other Buyer or Seller protection.
20. Limitation Of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Sexperience services again or the payment of the cost of having the Sexperience services supplied again.
21. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
This User Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
24. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
26. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Sexperience website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
Terms of Service
Fees and Charges
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sexperience website or notify you via email.