Terms & Conditions

GENERAL

This website with the URL address http://www.availableangels.com.au is owned and operated by Available Angels (trading through ABN 42 290 020 848).

Through your use of this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern Available Angels’ relationship with you in connection with this website.

Should you not agree with any of these terms and conditions, please do not use this website.

The term ‘Available Angels’ or ‘us’ or ‘our’ or ‘we’ refers to Available Angels, the owner of the website whose registered office is in Brisbane, Australia.

The term ‘you’ or ‘your’ refers to the website user or the website advertiser.

Please read these terms and conditions carefully before registering on this website as an advertiser. If you do not agree to these advertiser terms and conditions, then you SHOULD NOT register as an advertiser.

By accessing and using this website you agree you will not obtain information that will be used by you or others in any capacity against Available Angels, the owners of this website, host of this website, its owners, or any other parties associated with Available Angels.

By continuing past the first landing page of this website, you will have released and discharged the providers, owners and creators of the website from any and all liability, which might arise. You accept and understand that that if your use of the website is in violation of the above and below terms and conditions that you may be in violation of local and federal laws and solely responsible for your own actions. You accept and understand that book marking to a page on this server/ website whereby this warning page is bypassed shall constitute an implicit acceptance of the foregoing terms herein set forth.

Reproduction of this website in any shape or form, wholly or in part, is strictly prohibited; this includes pictures, layout, design, features and all text.

Available Angels is NOT an escort agency. It does not negotiate or arrange the booking of any escort or companion services. Furthermore, it is NOT responsible for any negotiations or agreements between any person and or persons and the individual or individuals within this website. It is merely a website on which independent people may advertise their services. The advertisers are totally independent of Available Angels and each other. Available Angels has no knowledge of the day-to-day activities of the advertisers. All the advertisers appearing on this site are 18 years of age or over. Available Angels will cooperate fully with the appropriate authorities in any matter regarding underage persons.

Available Angels reserves the right to periodically police any and or all of the advertiser profiles on this website from time to time at our own discretion. Any obscene, immoral and or adult content images and or content will be instantly removed from the website without notice and your advertising account suspended and we will make no refunds, as this will be consequence of a breach of these terms and conditions.

An advertiser is defined as a person who has registered on Available Angels in order to post advertising or gain access to password protected functions and areas of the website.

1. Acceptance of Advertiser Terms and Conditions

1.1 By creating an account with Available Angels you will be deemed to have consented to the terms and conditions presented to advertisers.

1.2 Available Angels reserves the right to change or update these terms and conditions at its sole discretion, from time to time and without notice.

1.3 Advertising, and the ability to post free or paid advertising materials on Available Angels, is contingent upon approval from Available Angels.

2. Advertising

2.1 As an advertiser on Available Angels, you can post profiles on the website to be viewed by website users.

2.2 All advertisements are subject to the approval of Available Angels.

2.3 Advertiser subscription payments are to be made in Australian (AUD) dollars.

2.4 Please note that any advertiser subscription paid by you is subject to a minimum contractual period of one month calendar in duration.

2.5 Advertiser subscriptions may not be assigned or transferred to any other person or entity. You must promptly inform Available Angels of any and all of the following: change to your name, your email address; changes to your profile description, changes to your photographs, apparent breaches of security, such as a loss, theft, unauthorised disclosure or use of a Login ID or Password.

2.6 Until Available Angels is notified by email of a breach in security, the advertising subscriber will remain liable for any unauthorised use of Available Angels.

2.7 Any advertiser found to be using fake, false or misleading photos or information will be removed.

2.8 No advertiser may use our website for spam or illegal activities including, but not limited to, the advertising of persons not able to work lawfully in Australia.

2.9 Except without the express written permission from Available Angels, any advertisements promoting parlours, agencies, other escort directories or similar will be removed.

2.10 If you are concerned about the approval terms or you have difficulty understanding these requirements, please contact the Available Angels team before purchasing any advertising packages.

3. Age Of Consent

3.1 Access is made available only to those who accept the terms and conditions of the following agreement: Under perjury of law I solemnly affirm that I am 18 years or over or the minimum age set out by the laws in my community and have the legal right to view the content of this website – http://www.availableangels.com.au - or to register as an advertiser.

3.2 If Available Angels discover, or have any reason to suspect that you are not over 18 years of age, then Available Angels reserve the exclusive right to suspend or terminate your advertising account to this this website immediately and without notice.

3.3 No advertiser may advertise or imply they are under the age of 18 years of age.

4. Advertiser User Name, Password and Security

4.1 Upon registration as an advertiser, you will select a password and a user name that you can use to access your advertiser account, your profile, and to log on to the 'ADVERTISERS' area of the site or the 'ESCORTS ONLY' area of the site.

4.2 You are responsible for maintaining the confidentiality of your account password and user name and you are responsible for all activities that occur under them. Available Angels does not have the means to check the identity of people using the advertiser’s area of the website and will not be liable where your password or user name are used by someone else is and will be a breach of this agreement and may be a violation of the law.

4.3 You agree to notify us immediately of any unauthorised use of your password or user name or any other breach of security of which you become aware.

4.4 You hereby acknowledge and agree that if you share your unique user name and/or your password with any other individual or entity, that your access to Available Angels is subject to immediate termination without notice or reimbursement of any kind.

5. Your Warranties

5.1 You warrant that:

5.1.1 You are over 18 years of age;

5.1.2 All information and details provided by you to Available Angels (including registration as an advertiser) belong to you, are true, accurate and up to date in all respects and at all times (see our Privacy Policy for details on how to update your personal data); and

5.1.3 You will comply with these advertiser terms and conditions including, without limitation, the restrictions relating to acceptable use set out at section 6 below.

5.2 You agree to indemnify and hold Available Angels harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to or arising from your advertiser account arising from any breach or suspected breach of these advertiser terms and conditions by you or your violation of any law or the rights of any third party.

6. Acceptable Use

6.1 Available Angels supports the free flow of information and ideas over the internet and does not actively monitor use of the website under normal circumstances. Available Angels seeks to balance this aim with our obligations to all advertisers and at law however. Available Angels will review all profiles entered onto the website by advertisers before publication, check advertiser’s profiles where certain keywords are triggered in order to ensure compliance with these terms, and to comply with or investigate any enforcement agency or police request or complaints.

6.2 Available Angels may take any or all of the following action at our sole discretion:

6.2.1 Remove or amend any advertiser profile (including photographs) or other material that, in our sole discretion may be inappropriate or we suspect to be fake, stolen, illegal, may subject Available Angels to liability or which may violate these advertiser terms and conditions or where required to do so by law;

6.2.2 Issue advertisers with verbal or written e-mail warnings and may take such further action as Available Angels deem appropriate under this paragraph 6.2 if such warnings are not heeded;

6.2.3 Suspend or terminate an advertiser’s access to the website without notice at any time;

6.2.4 Inform the appropriate legal and government authorities and provide them with information regarding any suspected illegal activity; or

6.2.5 Bring legal action against an advertiser or other user of the website in relation to any breach of these advertiser terms and conditions or any illegal or suspected illegal activity. Available Angels will determine what action is appropriate to be taken against an advertiser on a case-by-case basis.

6.3 You acknowledge that we may be required by law or regulation to access, monitor, store or copy material sent by or to advertisers without further notice to you.

7. Cancellation

7.1 Your advertising services commence when you submit your registration and your profile is approved. This means that, subject always to your right to terminate as set out in section 8 below, you will not be able to cancel the services after this point.

7.2 All charges and fees paid are non-refundable.

7.3 All payments via cheque, cash or bank transfer are non-refundable. In order to avoid such charges you must cancel your account or advertisement.

8. Termination of Advertising

8.1 Subject to paragraph 8.2 below, you can terminate your advertising at any time by notifying Available Angels in writing and will be effective upon receipt by Available Angels.

8.2 Please note that any advertiser subscription paid by you is subject to the minimum contractual period of one (1) month. This means that, where you choose to terminate your paid advertisement before the expiry of this period, you will not receive any refund in respect of this minimum contractual period. You hereby acknowledge and agree that if you cancel your advertiser subscription, or if your account is cancelled by the Available Angels, your user name and password will be removed from the system at the end of the then current subscription period and that you will be entitled to receive the full benefits of your advertising subscription until the end of such period. You will not be entitled to any pro-rated or partial refund if you cancel your membership before the end of the then current subscription period. You agree that if you cancel at any time after purchasing a subscription to Available Angels you will still be charged for the full subscription period.

8.3 No refunds will be paid by Available Angels where your advertising subscription is terminated by us as a consequence of your breach of these advertising terms and conditions.

8.4 No refunds will be given to advertisements are later found to be using fake, false or misleading information or photographs.

8.5 Available Angels may, at any time and at its sole discretion, cancel any advertiser subscription; provided, however, if the Available Angels cancels any account prior to its expiration, Available Angels shall provide a full term until the paid advertising reaches its expiration date.

8.6 Available Angels may, at any time and at its sole discretion, remove any paid or free listings. However, if Available Angels cancels any paid advertising prior to its expiration, Available Angels shall provide a full term until the paid advertising reaches its expiration date.

9. Copyright and Other Intellectual Property Rights

9.1 Your use of the website grants no rights to you in relation to copyright, trade marks or other of our intellectual property rights or the intellectual property rights of third parties.

9.2 You may not, without limitation, copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, communicate to the public, or otherwise use the content included in or provided via the website except for your own personal, non-commercial use. Subject to the above, you may download insubstantial excerpts of this content to your personal hard disk for the purpose of viewing it provided that no more than one copy of any information is made. You may not spider or 'harvest' our database to obtain advertiser’s  e-mail addresses, telephone numbers or other information relating to their advertising profiles.

9.3 As an advertiser you agree to assign the copyright and all intellectual property rights (unless otherwise agreed in writing) in all documents and materials you produce, upload and transmit via this website to Available Angels.

10. MORAL RIGHTS

10.1 You agree to waive all moral rights under the Copyright Act 1968 in all documents and material you produce in registering, creating and maintaining an advertiser subscription to Available Angels, and consent to Available Angels, or any person authorised by Available Angels, doing any act or omission that would otherwise infringe its moral rights in such documents and material. If the advertiser is a corporation then it shall obtain such a waiver and consent in favour of Available Angels from all its personnel involved in the production of documents and material under these terms and conditions.

11. Limitation of Liability

11.1 Whilst Available Angels will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the website will be available uninterrupted and in a fully operating condition nor that the information on and provided via the website will be free from errors or omissions.

11.2 Access to this website and its contents may be suspended temporarily and without notice in the case of system failure, necessary maintenance or repair or for reasons beyond our control.

11.3 Save that nothing in this paragraph 10 shall restrict your statutory rights (including your right to receive a reasonable standard of service), all content and services on this website are provided on an 'as is' and 'as available' basis. Available Angels does not make any representation or give any warranty in respect of the website or its content, including, without limitation, information provided by or regarding other advertisers. Available Angels cannot vet all advertiser profiles and entries to ensure that they are appropriate or correct. Any decision made or action taken by you on the basis of information provided on or via the website is at your sole discretion and risk.

11.4 Due to the fact that many technical aspects of the website and the content provided herein is supplied by or otherwise dependent on third parties, Available Angels does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through this website.

11.5 Available Angels will not be liable for any damages, including indirect or consequential losses, whether in contract, tort (including negligence) or otherwise, for any losses, potential or actual, including but not limited to, loss of revenue, income, interest, earnings, profit, opportunity or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information, software or data arising in connection with any use by you or other advertisers of the website that is in contravention of these advertiser terms and conditions or is not directly attributable to our negligence.

11.6 Where Available Angels are liable for direct loss this will be limited to a maximum of the total price of the advertiser subscription fee paid to Available Angels by you in the six (6) months prior to the claim.

11.7 Nothing in these terms and conditions shall exclude or limit the liability of Available Angels for death or personal injury caused by our direct negligence.

12. Security and Privacy

12.1 Your security and those of all advertisers is very important to us. Please read our Privacy Policy for important information regarding the use of your personal data and your rights in relation to this.

13. LIABILITY

13.1 Available Angels shall not be liable for any failure for any suspension, or termination of access to the site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attacks, or industrial action affecting Available Angels or our business associates. Further, Available Angels shall not be held liable for any failure of the server that hosts this website that for technical reasons are beyond our control.

13.2 If any of these advertiser terms and conditions are determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

13.3 These advertiser terms and conditions will be governed by and interpreted in accordance with the laws of the state of Queensland, Australia. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of the state of Queensland, Australia.

14. MORALS

14.1 Advertisers and users of this website will not commit any act or do any thing which might reasonably be considered: (i) to be hurtful, immoral, deceptive, scandalous, obscene or cause offence; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation and goodwill associated with Available Angels, its advertisers or other website users. Available Angels may, at any time and at its sole discretion, block, remove or otherwise restrict access to persons found to be in breach of this clause.

15. Exceptions

15.1 Nothing in this website disclaimer will exclude or limit any warranty implied by law where it would be unlawful to exclude or limit this liability.

15.2 Nothing in this website disclaimer will exclude or limit Available Angel's liability in respect of any:

  • Fraud or fraudulent misrepresentation on the part of Available Angels; or
  • Any matter where it would be illegal or unlawful for Available Angels to exclude or limit, or to attempt or purport to exclude or limit, its liability.

16. Complaints and Feedback

16.1 If you have any complaints about another advertiser or any aspect of the website, or if you have any questions, or would otherwise like to provide any other feedback, then you can contact Available Angels by emailing availableangels@gmail.com stating your name, the advertiser in which your grievance is associated, and any or all proof you may have recorded to support your claim.

17. CONTACT

17.1 For any questions or notice, please contact us at: Available Angels - Email: availableangels@gmail.com

 

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Last update: 12 November 2017