- Introduction
- These High Class Companion Advertising Terms and Conditions, together with our Privacy Policy, comprise the terms of a legal agreement between the person listed in the Registration Portal (you or your) and High Class Companions Pty Ltd (ACN 676 609 788) (HCC, we, our or us) (collectively, the agreement).
- You acknowledge that you have read, understood and agreed to be bound by the terms of this agreement. If you are using the HCC Platform as a representative of an entity, you are agreeing to the agreement on behalf of that entity.
- HCC Platform
- The HCC Platform is an online advertising platform providing you with a facility to list or advertise your adult, escort or dating services and profiles to visitors or users of our Site and/or App. We are a mere facility advertising directory and dating platform and not a brothel, escort agency or massage parlour. The HCC Platform and our role in providing you with access and use of the HCC Platform should be construed strictly in this context only.
- By subscribing to the HCC Platform, HCC grants you a non-exclusive, non-transferable, personal, revocable and non-sublicensable licence to access and use the HCC Platform on a subscription basis for the Term. You will not acquire or be entitled to any rights other than those rights expressly set out in this agreement.
- Changes
We reserve the right to change any provision of this agreement in any way and we may, in our absolute discretion, add, change or remove any functions or features of the HCC Platform, any user, User Content or Profile displayed or advertised on, or via, the HCC Platform, any fees payable under this agreement and any other ancillary products or services offered on, or via, the HCC Platform with, or without notice, to you. If we provide you with notice of changes to this agreement, we shall do so either by email or by posting it on the HCC Platform.
- Term
- This agreement commences on the date you create an Account to access and use the HCC Platform (Commencement Date) and continues until terminated in accordance with clause 15 (Term), unless the agreement is terminated at the end of the Trial Period.
- If you wish to continue to access and use the HCC Platform following the expiry of the Trial Period, you must pay the Fees for the duration of each Listing Period in accordance with the terms of this agreement.
- Account
- If you wish to use the HCC Platform you must create an account with us (Account) via the HCC Platform. Your Account will be operated by a username and unique password (Password). The owner of the Account is solely responsible for the activity conducted on the Account. We may at any time request that the owner of the Account provide identification to verify their identity.
- In order to open an Account or otherwise access, use or advertise on the HCC Platform, you must:
- be over 18 years of age and legally able to enter into contractual relations. If you are not over 18 years of age, you should not access or use the HCC Platform. We reserve the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided; and
- be an independent service provider and not working for, or connected to, or affiliated with, a brothel, escort agency or similar adult service provider.
- In relation to your Account, you undertake that you will:
- not disclose your Password to any third party and take reasonable measures to prevent disclosure of your password to any third parties. You are liable for all use of the HCC Platform using your Account or Password. Please notify us immediately if you become aware that your Account or Password is being used without authorisation or any other security breach relating to your Account or Password;
- provide only accurate, complete registration information, and you will update that information if it changes. You will operate only one account on the HCC Platform and you will remain responsible for anything that happens through your Account. You must provide and keep us up-to-date with accurate information, including adult entertainment and escort service offerings (the extent permitted by law), services locations and Personal Information (including your name, stage name, email address, photograph/s of you and any other information that we require to verify your age and identity). All Personal Information as well as the information you provide to open an Account, is subject to our Privacy Policy; and
- not impersonate another account holder or provide false identity information to gain access to or use the HCC Platform.
- Only once the registration process has been completed, you may, at any time:
- create and publish a profile through the HCC Platform that promotes your adult or escort services (and which may include your full name or stage name, biographical information, photographs, videos, sexual preferences, interests, service areas and contact details) (Profile); and
- update, edit, hide or delete your Profile published or displayed by you on, or via, the HCC Platform or edit, update or change your Account.
- HCC shall not be liable to you or any third party for:
- failing to update or change the Profile advertised by you on the HCC Platform following your request; or
- any Loss incurred by you or any third party as a result of, or in connection with, any content or information supplied by you which is uploaded by HCC to the HCC Platform following your request.
- HCC has the right to suspend or terminate any Account or Password or your access or use of all or any part of the HCC Platform, at any time, if, in our opinion, you have failed to comply with any of the provisions of this agreement.
- Our obligations
- Subject to your payment of the Fees and except during the Trial Period, HCC shall use reasonable endeavours to provide you with access to, and use of, the HCC Platform.
- The undertaking in clause 6.1, will not apply in the event of:
- any non-conformance which is caused, or contributed, by use of the HCC Platform contrary to our instructions or the terms of this agreement;
- modification or alteration of the HCC Platform by any party other than us or our duly authorised Personnel;
- the unsuitability or malfunction of the computer hardware or computer software in conjunction with which the HCC Platform are used;
- Force Majeure Events; and
- the unsuitability or malfunction of the HCC Platform when used in conjunction with any software, platforms, applications and tools supplied by a third party provider.
- In the event that HCC fails to provide you with access and use of the HCC Platform in accordance with clause 6.1, we will use reasonable endeavours to correct any such non-conformance, or provide you with an alternative means of accomplishing the desired performance. The foregoing constitutes your sole and exclusive remedy for any breach of clause 6.1.
- Your obligations
- It is your sole responsibility to determine whether it is lawful for you to provide adult or escort services or otherwise advertise adult or escort services on, or via, the HCC Platform. We are not liable to you or anyone else, if you contravene any Relevant Laws by accessing or using the HCC Platform.
- To access and use the HCC Platform, you must:
- open an Account with us via the HCC Platform;
- create a Profile and pay the Fees to publish your Profile;
- provide us with all necessary co-operation and information to facilitate and provide the HCC Platform including (but not limited to) proof of identity;
- ensure that all information is true, accurate and not misleading;
- obtain and maintain all equipment, hardware and software required by you to use and/or access the HCC Platform;
- comply with all reasonable directions, policies and guidelines of HCC as advised from time to time; and
- carry out all of your responsibilities set out in this agreement in a timely and efficient manner.
- If you are located or intend to provide services in the state of Queensland, Australia, you must:
- ensure all advertisements, including Profiles and User Content, comply with relevant legislation and guidelines including the Prostitution Act 1999 (Qld) and the Guidelines About the Approved Form for Advertisements For Prostitution. Under these regulations, you must not (as a non-exhaustive list):
- describe or list services offered, including using acronyms, euphemisms and abbreviations of services offered (for example, ‘BJ’ or ‘Greek’);
- state or imply unsafe sex (for example, ‘natural’, ‘bareback’, ‘basic’ or ‘skin to skin’) will be provided;
- state or imply you are (i) a virgin or (ii) under the age of 18 years;
- use words implying youth (for example, ‘young’, ‘student’, ‘girl’ or ‘boy’) without explicitly disclosing that you are at least 18 years of age (for example, ‘18+ girl’ or ‘22 year old student’);
- use the terms ‘fresh’, ‘beginner’, or ‘never been touched’;
- offer massage services in advertisements that advertise or imply the provision of sexual services;
- advertise another business or event without the businesses’ or event’s written permission;
- refer to a game of chance or trade promotion;
- imply that more than one sex worker may be available; or
- link to another website unless it is (i) the website of the Prostitution Licensing Authority, (ii) the Queensland Adult Business Association, (iii) Respect Inc, (iv) the yellow pages, or (v) a website that is also an advertisement for prostitution that is in the approved form.
- HCC is not responsible for notifying you of any changes to laws relating to adult entertainment and escort service. You are responsible for ensuring your advertisements, User Content and Profile are lawful at all times.
- Restrictions
- You must not:
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the HCC Platform available to any third party;
- violate any HCC IP or any third party’s Intellectual Property Rights;
- while accessing and using the HCC Platform, be affiliated or associated with, an escort agency, brothel or similar adult industry provider;
- impersonate or pose as any other person, or use another person’s image, photograph, profile, description or identity when using the HCC Platform;
- delegate the performance of the adult or escort services to another person, in circumstances where the customer directly engaged you to provide adult or escort services;
- misrepresent your age, state of residence or true legal identity in your dealings with us;
- modify, alter, adapt, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the HCC Platform or your Account, including any images contained on the HCC Platform which belong to other advertisers or us; and
- access all or any part of the HCC Platform in order to build a product, service or code which competes with the HCC
- We reserve the right to limit your use of the HCC Platform and any other products and services we provide, including the right to restrict, suspend or terminate your Account if we believe you are in breach of this agreement or are misusing the HCC Platform or any other products and services we provide.
- Profile
- By uploading, transmitting, posting or publishing your Profile (including User Content contained therein) on, or via, the HCC Platform, you warrant that at all times:
- you hold all necessary rights, licences and consents to do so;
- nothing in your Profile would cause you or us (or anyone else) to breach any Relevant Laws;
- no Profile is or could reasonably be considered to be defamatory, disparaging, seditious, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, fraudulent, in breach of confidence or privacy or false and misleading;
- your Profile does not contain, nor will it cause, any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- your Profile does not infringe the Intellectual Property Rights or other rights of any person; and
- the User Content is accurate and up-to-date, including in relation to your image or appearance, descriptions (such as hair and eye colour, body type, gender and age), sexual preferences, interests, hobbies, biography and contact information.
- You must not publish, post, transmit or upload any User Content on, or via, the HCC Platform that:
- is in a language other than English;
- contains confidential information;
- contains images or photographs: (i) that are inaccurate, incomplete, outdated or deceitful. For example, you are prohibited from posting old photographs or photographs of other persons to the HCC Platform; (ii) of your or anyone else’s sexual organs (including bare breasts and anuses); or (iii) of a sexual act or a simulated sexual act.
- is knowingly inaccurate, misleading or deceptive or fraudulent (including, but not limited to, as a result of you having impersonated another person or misrepresented your identity);
- is defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our Personnel;
- is aimed at disparaging or damaging the reputation or goodwill of our business, the HCC Platform, our social media pages, or any of our Personnel and third parties connected to us; or
- constitutes or comprises of any other material whatsoever which contravenes this agreement.
- HCC is not responsible for monitoring or censoring your Profile and User Content, however, we may (in our absolute discretion and without notice to you) remove, modify, refuse to publish or alter your Profile and User Content if we consider that your Profile and User Content does not comply with this agreement (including any of our policies or guidelines published by us from time to time).
- HCC may, at its absolute discretion, amend, crop, enhance, blur or de-identify any images or photographs uploaded or posted by you on your Profile. HCC may blur or amend an image or photograph of you if you request us to do so in writing.
- Intellectual Property Rights
- You acknowledge that, notwithstanding anything else, HCC and/or our licensors own all Intellectual Property Rights in the HCC Platform (and anything arising or generated therefrom) (collectively, the HCC IP). Accessing and using the HCC Platform does not give you (or anyone else) ownership of, or any right, title or interest in HCC IP.
- You grant HCC a worldwide, non-recoverable, non-exclusive, royalty-free and perpetual licence to use, disclose, share, reproduce, store, distribute, publish, export, adapt, edit, translate, produce derivative works from or copy, your Profile and User Content (and all Intellectual Property Rights contained therein) for any purpose, including for the purpose of:
- enabling HCC to provide the HCC Platform to you and otherwise perform our obligations and exercising our rights under this agreement;
- informing the user of other products or services that HCC may offer from time to time or in relation to third party products and services;
- complying with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request;
- using usage patterns, trends, and other statistical or behavioural data derived from use of the HCC Platform for the purposes of providing, operating, maintaining, or improving the HCC Platform, or our other products and services; and
- sharing your Profile with an Affiliate or other third party (with whom HCC may contract or be affiliated with from time to time) for the purposes of performing or improving the HCC Platform.
- Pricing and payment
- We do not charge you a fee to access the HCC Platform or to create an Account, and we do not charge customers a fee to connect with, or respond to, a Profiles displayed on the HCC Platform. However, we reserve the right at any time to charge you a fee to create an Account or to continue to access and use the HCC Platform.
- Except during the Trial Period, each time you publish or republish your Profile, you must pay to us the listing fees as described on the HCC Platform (Fees). The Fees shall be payable in Australian Dollars and are inclusive of GST.
- Your Profile will be published for 30 days from the date you publish your Profile (Listing Period) and your Profile will be automatically removed at the end of the Listing Period, unless you pay a Fee to renew the publication of your Profile at our prevailing rate at the time.
- On or around seven days before the Listing Period expires, we shall use reasonable endeavours to notify you that your Profile will be removed at the end of the Listing Period. If you do not pay the Fee to renew your Profile before the Listing Period expires, your Profile will be removed from the HCC Platform and your Account will be automatically deactivated. We may, at our absolute discretion, delete your Account in accordance with clause 15 if your Account has not been reactivated within 12 months.
- Payment of the Fees can be made by means of credit card, direct deposit, direct debit or PayPal. We reserve the right, at our absolute discretion, to remove or add payment options from the HCC Platform from time to time.
- To the maximum extent permitted by Relevant Laws and unless otherwise stipulated in this agreement, you agree that all Fees payable to HCC are non-refundable.
- Warranties
- To the maximum extent permitted by Relevant Laws, HCC excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the provision of the HCC Platform (or any other products and/or services provided to you in connection with the HCC Platform).
- Nothing contained in this agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
- You acknowledge and agree that, to the extent permitted by Relevant Laws, HCC makes no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the HCC Platform (or any products or services provided in connection with the HCC Platform). HCC will not be liable if the HCC Platform is unavailable for any reason, including directly or indirectly as a result of:
- telecommunications unavailability, interruption, delay, bottleneck, failure or fault;
- negligent, malicious or wilful acts or omissions of third parties (including HCC’s third party service providers);
- maintenance (scheduled or unscheduled) carried out by HCC or any third party service provider, including in respect of any of the systems or network used in connection with the provision of the HCC Platform;
- services provided by third parties (including internet service providers) ceasing or becoming unavailable; or
- a Force Majeure Event.
- You warrant, acknowledge and agree that:
- your use of the HCC Platform has not been made on the basis of any representations made by HCC regarding the current or future features or functionality of the HCC Platform, or the likelihood of a visitor, customer or user of the HCC Platform purchasing or acquiring your adult or escort services;
- you have all necessary licences, rights, permissions, consents and health approvals to advertise, offer and provide adult, escort or dating services;
- you have the right to post, publish and reproduce your Profile and User Content (and all Intellectual Property Rights contained therein), and to grant us the right to post, publish and reproduce the foregoing on the HCC Platform or on any of our social media pages;
- all the information and User Content provided by you are true, accurate, complete and up to date. You agree to maintain the currency of your User Content by updating your Profile on, or, via, the HCC Platform promptly after you become aware of (or ought reasonably to have been aware of) any change;
- you have the full power and authority to enter into this agreement and perform your obligations contemplated by this agreement, and in doing so, you will not breach any third party rights; and
- any adult, escort or dating services offered or advertised by you on, or via, the HCC Platform will comply all Relevant Laws.
- You acknowledge that adult or escort services involve risk and as a consequence you may suffer personal injury or death and that you access and use the HCC Platform, and engage with any customers who book or request adult or escort services from you, at your own risk.
- Limitation of Liability
- To the fullest extent permitted by law, HCC will not be liable to you or any third party for:
- Consequential Loss; or
- Loss of, or damage to, any property or any personal injury or death to you, any of your customers or any third person,
arising out of, relating to or connected to the provision or use of the HCC Platform and this agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.
- Under no circumstances will HCC’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees paid by you to HCC under this agreement in the preceding one month of the Claim.
- You agree to defend, indemnify and hold HCC, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Claims and Losses (including legal costs on a full indemnity basis) that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:
- the access and use by you or any third party of the HCC Platform; or
- any breach by you of any Relevant Laws or;
- any breach of any third party’s Intellectual Property Rights or other rights caused by you; or
- any breach by you of this agreement.
- Privacy
- All Personal Information you provide to open an Account and any User Content you upload, generate, share, or publish on, or via, the HCC Platform, is subject to HCC’s Privacy Policy, which is incorporated into this agreement. You warrant that, in relation to any Personal Information comprising your User Content or any other information disclosed to HCC on, or via, the HCC Platform:
- you have the authority to upload, post, publish or otherwise transmit such information on, or via, the HCC Platform; and
- you have obtained the informed consent of the individuals who are the subject of such Personal Information in order for HCC to use, disclose, store, transfer, process or handle it.
- Termination
- You may terminate this agreement at any time by either deleting your Account. If you delete your Account before the end of the current Listing Period, you will not be entitled to a pro rata refund of the Fees for the unused portion of the Listing Period.
- HCC may terminate this agreement at any time (without liability to you) by providing you with seven days’ notice.
- Either party may terminate this agreement by giving notice with immediate effect if the other party:
- breaches any material term of this agreement and such breach is not remedied within seven Business Days after receiving notice of the breach; or
- breaches any material term of this agreement and such breach is not capable of remedy.
- HCC may at any time terminate this agreement in writing with immediate effect (with no liability to you) if, in our reasonable opinion, you:
- have contravened any Relevant Laws;
- are under the age of 18;
- have not been appropriately licensed to provide adult and escort services, or that your licence has been revoked;
- have engaged in an act which endangers (or is likely to endanger) the health or safety of any customer or member of the public;
- have been convicted of any criminal offence which adversely affects HCC’s business or reputation;
- cease to be legally entitled to perform adult and escort services in Australia;
- engage in any activity in conflict with, or adverse to, the business interests of HCC or misconduct involving fraud or dishonest behaviour;
- have been advertising or offering adult or escort services for, or on behalf of, a person without their consent;
- are affiliated with, or connected to, a brothel, escort agency or similar adult service provider;
- are guilty of any fraud, theft or dishonesty or acts in any manner which in opinion of HCC brings or is likely to bring, HCC (or any of our Personnel), into disrepute or damages the reputation of HCC; or
- conceal any material fact or make a misleading representation in your Profile.
- HCC may immediately terminate this agreement (without liability to you and without notice to you) if your Account was deactivated for more than 12 months.
- On termination or expiration of this agreement for any reason:
- all licences and rights of access granted under this agreement will immediately terminate;
- you must immediately surrender all, HCC IP and any other property belonging to HCC in your possession, custody or control and certify to HCC, in writing, that you have done so;
- you must pay all outstanding Fees and any other outstanding monies owing to HCC under this agreement within seven days; and
- HCC will delete your Profile and all your User Content.
- Activation and Deactivation
- You may activate or deactivate your Account at any time by accessing the Registration Portal.
- If you deactivate your Account, your Profile and User Content will not be displayed on, or via, the HCC Platform until you re-activate your Account.
- Dispute Resolution
- Any party claiming a dispute exists under the agreement (except any dispute between you and another person in connection with any transaction that occurs outside of the HCC Platform must be resolved between the parties themselves without interference from, or involvement of, HCC), must notify the other party in writing of the nature of the dispute (Dispute Notice), except where urgent interlocutory relief is being sought.
- The parties must in good faith attempt to resolve any dispute between them.
- If the dispute cannot by resolved within 30 days of receipt of a Dispute Notice, either party may commence legal proceedings in relation to the dispute.
- Each party must continue to perform its obligations under this agreement notwithstanding the existence of any unresolved dispute.
- Force Majeure Event
HCC will have no liability to you (or anyone else) under this agreement if we are prevented from or delayed in performing our obligations under this agreement or otherwise, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, natural disasters, epidemic, pandemic, mandatory government shutdown or lockdown, sabotage, war, riot, civil commotion, computer hacking, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of hosting or data centre providers or other suppliers or sub-contractors, shortage of suppliers, equipment and materials, (Force Majeure Event).
- Notice
- By accessing and using the HCC Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
- You acknowledge that all contracts, notices, information and other communication (Notices) we may provide electronically comply with any legal requirements that such documents be in writing.
- Notice will be deemed received and properly served immediately when posted on the HCC Platform or 24 hours after an email is sent to you. As proof of service, it is sufficient that the email was sent to the email address specified by you in the Registration Portal.
- General
- A waiver of any right under this agreement is only effective if it is in writing, and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
- If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
- If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- This agreement, and any documents referred to in it, constitute the whole agreement between the parties and supersede any previous arrangements, understandings or agreements between them relating to the subject matter they cover.
- Neither party shall, without the prior written consent of the other party (which will not be unreasonably withheld), assign, transfer, charge or deal in any other manner with all or any of its rights or obligations under this agreement, except that HCC may assign, sell or transfer its rights or obligations under this agreement to an Affiliate or bona fide third party purchaser of HCC’s
- Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
- The laws of the state of Queensland, Australia govern this agreement. You agree to submit to the exclusive jurisdiction of the courts of Queensland.
- Contact Us
If you have any questions about this agreement, please contact us via admin@highclasscompanions.com.au .
- Definitions
In this agreement, the following words shall have the following meanings:
- Account has the meaning in clause 5.1.
- Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.
- App means the mobile software application owned and operated by HCC and used to provide HCC’s online advertising platform.
- Business Days means each day excluding Saturdays, Sundays and public holidays in Queensland.
- Business Hours means 9:00am to 5:00pm on Business Days.
- Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
- Commencement Date has the meaning in clause 4.1.
- Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at the Commencement Date as a likely result of breach of the agreement: (i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense; (ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data, loss of enjoyment and non-economic loss; (iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by a third party; (iv) loss or damage to an, personal or real property, or for any personal injury or death, loss of enjoyment and amenities of life or disfigurement or loss of expectation of life; (v) loss or damage of the nature set out above in clauses (i) to (iv) (inclusive) that is incurred or suffered by or to a third party.
- Fees has the meaning in clause 11.2.
- Force Majeure Event has the meaning in clause 18.
- HCC IP has the meaning in clause 10.1.
- HCC Platform means the online advertising platform provided by us through the App and/or Site for users to list, display, submit, upload and advertise adult, escort and dating services and profiles to users of the App and visitors of the Site.
- Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information, databases or other intellectual property rights, whether under statute, common law, equity, custom or usage, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in the future in any part of the world.
- Listing Period has the meaning in clause 11.3.
- Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including all legal and other professional costs including Consequential Loss.
- Password has the meaning in clause 5.1.
- Personnel means any officer, employee, agent, contractor, sub-contractor or consultant of HCC.
- Personal Information means data by which a person may be personally identified, including a person’s name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under any applicable Privacy Laws.
- Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which you are located.
- Privacy Policy means our privacy policy available at highclasscompanions.com.au or any other internet site notified by HCC from time to time, which is incorporated into this agreement.
- Profile has the meaning in clause 5.4(a).
- Registration Portal means the registration portal on the HCC Platform used by you to subscribe to the HCC Platform.
- Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements anywhere in the world (including, but not limited to, the Competition and Consumer Act 2010 (Cth), Privacy Act 1988 (Cth), Sex Work Act 1994 (Vic) and the Sex Work Regulations 2016 (Vic) Human Rights and Equal Opportunity Commission Act 1986 (Cth)), Prostitution Act 1999 (Qld) and the Guidelines About the Approved Form for Advertisements For Prostitution.
- Site means the HCC website located at highclasscompanions.com.au and HCC social media linked pages or any other internet site notified by HCC from time to time.
- Term has the meaning in clause 4.1.
- Trial Period means 60 consecutive days from the date you register and setup your Account.
- User Content means any content, text, graphics, images, photographs, and footage uploaded, transmitted or posted by you (or anyone on your behalf) on or via, the HCC
