Twitter Competition Terms and Conditions
1. These terms apply. Entry into this competition constitutes acceptance of these terms and conditions. Entries must comply with these terms and conditions to be valid.
2. Promoter. The promoter of this competition is Ivy Societe of ivysociete.com
3. Competition period. This competition commences at 9.00am (AEST) Wednesday 2nd June 2021 and closes at 5.00pm (AEST) Wednesday 16th of June 2021, (“Competition Period”).
4. Eligibility. Entry is only open to worldwide residents who:
1) are 18 years of age or older
2) are not:
a) Current employees of the Promoter; or
b) immediate family members of employees of the Promoter.
c) livelihood sourced from the sex work industry
3) Eligible Entrants. The Promoter may request any entrant at any time to provide reasonable evidence that he or she meets the eligibility requirements and a failure to do so will result in disqualification from this competition.
5. How to Enter. To enter this competition, Eligible Entrants must, during the Competition Period, a) go to the Ivy Societe Twitter page https://twitter.com/ivysociete and follow.
b) Add ivysociete.com or relevant personal ivy societe profile link to their linktree and/or website and/or social media.
c) Retweet at least one twitter post regarding the competition
5.1) Eligible Entrants may only submit one (1) Entry per day during the Competition Period.
5.2) The Promoter accepts no responsibility for late, lost, incomplete, incorrectly entered or misdirected Entries (whether or not before or after receipt by the Promoter) or for any technical difficulties or equipment malfunction (whether or not under the Promoter’s control) including inaccessibility of any website during the Competition Period.
6. Prizes. There is one (1) prize to be won. Prize includes: $1000 Studio Pia e-gift card.
7. Notification. The Prize Winner will be notified by a private Twitter message sent by the Promoter within two business days of the draw. It is the responsibility of the relevant Eligible Entrant to respond to the Notification Twitter Message within 3 business days of the Notification Message being sent (“Final Response Date”). The Promoter is not responsible for contacting the Prize Winner by any other method or for the relevant Prize Winner not receiving the Notification Twitter Message for any reason (including, without limitation, due to any technical difficulties or equipment malfunction (whether or not under the Promoter’s control. Subject to paragraph 10(2), the Promoter will not notify any other entrant except the Prize Winner.
8. Claiming the Prizes. To claim their Prize, the relevant Prize Winners must respond to the Notification Twitter Message on or before the Final Response Date, including their postal address.
1) Once the Prize Winner has responded to the Notification Twitter Message on or before the Response Date:
a) they will be publicly announced on the Ivy Societe Instagram and Twitter page as the Prize Winner of the Prize; and
b) the Promoter will use its reasonable endeavors to advise the Prize Winner as to how the Prize are to be distributed within 3 business days of the relevant Prize Winner responding to the Notification Twitter Message.
2) If the Prize Winner does not respond to the Notification Twitter Message on or before the Final Response Date, the Prize Winner Entry will be deemed null and void (and no compensation will be paid in lieu).
9. Other conditions relevant to the Prize.
1) the Prize is not transferable, exchangeable or redeemable for cash. The Promoter accepts no responsibility for any variation in the value or availability of the Prizes. The Promoter reserves the right in its absolute discretion and for any reason to substitute the Prize (or any part of a Prize) for a prize of similar retail value or specification if, for any reason beyond the Promoter’s control, the Promoter is not able to give the Prize Winner the Prize;
3) the Promoter will not replace or substitute the Prize or provide compensation where the Prize Winners is unable to claim or use the Prize for any reason including cancellation or discontinuance or unavailability of the Prize, inclement weather or illness or where the Prize Winner do not receive the Notification Twitter Message or do not receive the Prize through providing incorrect Contact Details.
10. Liability and Release. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) shall not be liable for any loss or damage whatsoever that is suffered or sustained (including but not limited to indirect or consequential loss) or for any death, illness, personal injury or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, this competition or accepting, using or enjoying the Prize. The Promoter is not responsible for any defects in the Prize and takes no responsibility for the loss or theft of the Prize or misuse of the Prize. To the extent permitted by law, all entrants in this competition agree to release, fully indemnify and keep fully indemnified, the Promoter (including its officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, this competition or accepting, using or enjoying the Prize including (but not limited to) death, illness or personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission or otherwise.
11. Disqualification. The Promoter may at any time (and at its sole discretion) disqualify any entrant for:
a) tampering with the Entry or competition process, including by exceeding the limitation on the number of entries or acting in a manner that affects the fairness of the competition; or
b) otherwise breaching these terms and conditions.
1) Entrants acknowledge and agree that they:
a) are solely responsible for the content of their Entry and must ensure that they comply at all times with all applicable terms and conditions of the Ivy Societe Competition; and
b) must not attempt to interfere with or undermine the operation of the competition, or otherwise attempt to obtain any unfair advantage.
12. Privacy Notice. The Promoter collects entrants’ Personal Information in order to conduct the competition and may, for this purpose, disclose such information to its officers, employees. Entrants must provide the Personal Information otherwise their entries will be invalid. The Promoter may, for an indefinite period and unless otherwise advised by the Promoter, use the entrant’s Personal Information for promotional, marketing and publicity purposes including, but not limited to, sending electronic messages to, or telephoning, the entrant. Personal Information will be stored by the Promoter at the address given above and entrants may contact the Promoter by mail at the address above to access or correct their Personal Information.
– This promotion is in no way sponsored, endorsed or administered by, or associated with, Studio Pia, Twitter or any other Social Network. You are providing your information to Ivy Societe and not to any other party.
Ivy Société Terms and Conditions
PART A – INTRODUCTION
- AGREEMENT TO THESE TERMS AND CONDITIONS
1.2. By accessing, using, printing, installing, or downloading any material from the Website, or becoming a member of the Website, Advertisers and Users agree to be bound by these Terms and Conditions (as amended from time to time by Ivy Société, at its sole discretion and without the requirement of any notice to the Advertiser or User). Their use of the Website at any time and particularly after any such changes are implemented, constitutes their acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time. If the Advertiser or User does not agree to be bound by these Terms and Conditions, they may not enter the Website; they must exit the Website immediately and they may not use or access the Website or print or download any materials from it.
- Ivy Société SERVICES
Ivy Société provides digital services purely for the purposes of third party escort advertisements.
PART B – ADVERTISER
- ADVERTISING SERVICES
3.1. By submitting an advertisement with Ivy Société, the Advertiser acknowledges that:
3.1.1. they are over 18 years of age and will not imply that they are under the age of 18;
3.1.2. they are independent and not working for or associated with any escort agency; and
3.1.3. they are the legal owner of any information and material (including photographs) submitted to and posted on the Website and no other third party has a right to such information and material.
3.2. The Advertiser agrees not to impersonate or pose as any other person, and that all information and or material including photographs submitted to and posted on the Website relates to the Advertiser alone. The Advertiser will not under any circumstances send another person in their place for any appointment. The Advertiser will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the Advertiser’s own personal website).
3.3. Whilst the Advertiser advertises on the Website they, or any Related Entity or Related Party or Associated Entity (as each of those terms are defined in the Corporations Act 2001 (Cth)) must not have an interest in another website, business or venture that competes with the Website, the Ivy Société Services or Ivy Société.
3.4. The Advertiser agrees that if the Advertiser is found, in the opinion of Ivy Société acting reasonably, to:
3.4.1. be using the photos or advertising material of another person as their own; or
3.4.2. be an escort agency posing as an independent escort; or
3.4.3. be sending another person in their place for any appointment; or
3.4.4. be using the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website); or
3.4.5. be using photographs, information and material not owned by them or which in Ivy Société’s opinion a third party has expressed a right over such photographs, information and material; or
3.4.6. have an interest in another website, business or venture that competes with the Website, the Ivy Société Services or Ivy Société; or
3.4.7. have breached any of these terms and conditions,
the Advertiser’s subscription may, in Ivy Société’s absolute and unfettered discretion (in addition to all other rights and remedies open to it), be cancelled without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.
3.5. The Advertiser authorises and consents to Ivy Société publishing the Advertiser’s supplied photographs and information on the Website, and any other website Ivy Société manages in order to promote the Ivy Société Services, including on grants Ivy Société a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the photographs and information in any form or medium, including print, online or other. The Advertiser warrants that it is authorised to grant Ivy Société the licence in this clause.
3.6. Ivy Société reserves the right to crop the Advertiser’s images if they do not fit with the Website layout, or to improve the Advertiser’s listing and the Advertiser authorises such amendment.
3.7. Subject to clause 3.6 , Ivy Société will publish images online in the manner they are received from the Advertiser, unless notified by the Advertiser in writing via email to do otherwise. If the Advertiser requires their images to be cropped or blurred the Advertiser must notify Ivy Société at the time of providing these images.
3.8. The Advertiser agrees it is their sole responsibility and not the responsibility of Ivy Société to ensure that and the Advertiser hereby warrants that:
3.8.1. their advertisement is compliant with all relevant Australian State, Territory and Federal laws and laws of any other country in which the Advertiser advertises, or provides, escort or sex work services, including States, Territories and countries that the Advertiser is touring in, including but not limited to the:
188.8.131.52. Competition and Consumer Act 2010 (Cth);
184.108.40.206. Fair Trading Acts in all applicable States and Territories;
220.127.116.11. Privacy Act 1988 (Cth) including the Australian Privacy Principles;
18.104.22.168. Human Rights and Equal Opportunity Commission Act 1986 (Cth); and
22.214.171.124. all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the Advertiser does business; and
126.96.36.199. all legislation applicable to the advertising of escort or sex work services.
3.8.2. they hold all consents, licences and approvals, necessary to lawfully advertise, and provide, escort or sex work services in any place, whether inside or outside Australia, where they so advertise or provide such services.
and the Advertiser releases and indemnifies Ivy Société in this regard
3.9. The Advertiser understands that their advertisement will be reviewed and approved by Ivy Société before it will be displayed online. If Ivy Société finds there is any content that does not comply with State, Territory or Federal laws, Ivy Société will ask the Advertiser to amend this content before the Advertiser’s advertisement is approved. Without limiting any other rights and remedies available to Ivy Société at law or equity or statute or under these terms and conditions, if the Advertiser does not comply with any reasonable request from Ivy Société in that regard (the determination of which is solely at Ivy Société’s discretion) Ivy Société may in its sole discretion refuse to accept any such advertisement or, if any such advertisement is already on the website, to remove that advertisement forthwith without being liable to pay any compensation or damages or costs or interest of any sort to the Advertiser.
3.10. The Advertiser will not place a link to any other advertising portal or directory on the Website.
3.11. The Advertiser consents to receiving electronic communication from Ivy Société.
3.12. The Advertiser’s acceptance of these Terms and Conditions also constitutes the Advertiser’s acceptance of the Ivy Société Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.
3.13. All advertisements must be pre-paid, with the funds cleared in Ivy Société’s bank account before an advertisement can be displayed on the Website.
3.14. The advertising period will commence at the time and date on which payment is received.
3.15. If Ivy Société decides, in its absolute discretion, to give the Advertiser a free period of advertising, the Advertiser will be notified of the commencement and finish dates of the free period.
3.16. Ivy Société may decide, in its absolute discretion, to allow the Advertiser to pause advertising. Any advertising fees which have been pre-paid may be held as a credit for use at a later date but these credits must be used within ninety (90) days of the pause being initiated. Any advertising credit not used within ninety (90) days will expire and (subject to applicable laws) no refund will be given.
3.17. Ivy Société may, in its absolute discretion, terminate any advertising and subscription which breaches any of these Terms and Conditions or where the Advertiser breaches any of these Terms or Conditions (and subject to any applicable laws), without refund.
3.18. Ivy Société may, in its absolute discretion, decline any regular request by an Advertiser of image changes if the requests are on a frequent basis. The acceptable time frame for image changes will be determined by Ivy Société in its sole discretion. Without limiting the foregoing, changes to the City Slider image may be declined if they are requested more than once every three (3) months.
3.19. Ivy Société understands that there may be slight differences between an Advertiser’s profile images and the Advertiser in real life, due to photographic techniques used as well as flattering lighting and angles. However image verification is compulsory. If a complaint is received about image authenticity then Ivy Société may suspend a profile until satisfactorily resolved and/or request new verification.
3.20. If the Advertiser is found to have images that are outdated and no longer represent the way the Advertiser looks, Ivy Société, in its absolute discretion, may ask for replacement images that are current and the Advertiser must supply them or Ivy Société may cancel the Advertiser’s subscription.
3.21. The Advertiser is under no obligation or requirement to agree to these Terms and Conditions but in the event the Advertiser is unwilling or unable to agree with these Terms and Conditions Ivy Société is unable to provide the Ivy Société Services and advertising services to the Advertiser.
4 – Removed
- SEARCH FOR INFORMATION SERVICES
5.1. The Advertiser advertises on the Website at their own risk.
5.2. Ivy Société provides the search for information services as part of the Ivy Société Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Ivy Société cannot accept responsibility for such errors and omissions but invites Advertisers to inform it if any are discovered.
5.3. Ivy Société is not responsible for, and expressly disclaims all liability for, damages of any kind arising from transactions that are instigated because of the Advertiser advertising or using the Website.
5.4. Ivy Société recommends Advertisers use only personal computers and personal email addresses when accessing and using the site as Ivy Société will send emails and advertising material to the Advertiser which the Advertiser may find to be of a sensitive or personal nature.
5.5. Without limiting clause 5.3 , Ivy Société will not be responsible for any monies lost by Advertisers in respect of transactions that are instigated because of such advertisements or use of the Website. Ivy Société recommends that Advertisers express caution when accepting any pre-payments or deposits from any Users.
- OBLIGATIONS OF THE ADVERTISER
The Advertiser acknowledges, covenants and warrants that:
6.1. they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Ivy Société (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;
6.2. they are independent and not working for or associated with any escort agency;
6.3. they will not under any circumstances pose as any other person or send another person in their place for any appointment;
6.4. they own all intellectual property in, or are legally authorised to use and distribute, any photographs, videos, music and any other advertising material of any description submitted to Ivy Société and have free and unfettered right to use and distribute such photographs, videos, music and any such other advertising material;
6.5. they will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website);
6.6. they will uphold the good name and protect the goodwill of Ivy Société at all times (the determination of which is solely at Ivy Société’s discretion);
6.7. they will conduct themselves in a professional manner at all times and comply with their obligations under these Terms and Conditions;
6.8. they will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Ivy Société;
6.9. they will not interfere with or disrupt the access of other Advertisers or Users of the Website in any way;
6.10. they will not place on the Website any material which is unlawful, harassing, libellous, abusive, threatening, harmful, discriminatory or otherwise objectionable of any kind (including any third party intellectual property, without the consent of the owner of that third party intellectual property);
6.11. all information provided by the Advertiser to Ivy Société (including any images which relates to the Advertiser in any way) is true and accurate in every detail and all required consents for its disclosure have been obtained by the Advertiser;
6.12. that the publication of their photographs and advertising material does not breach or infringe:
6.12.1. the Competition and Consumer Act (Cth) or equivalent State legislation;
6.12.2. any copyright, trade mark, obligation of confidentiality or other personal or proprietary right including intellectual property rights;
6.12.3. any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
6.12.4. State or Commonwealth privacy legislation or anti-discrimination legislation; or
6.12.5. any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory); and
6.13. that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
- PAYMENT OF THE FEES
The Advertiser agrees to pay the Fees in the following manner for obtaining Ivy Société Services:
7.1.1. In order to access the Website, the Advertiser must pay the Fees shown in the member pages of the Website, once the Advertiser has registered on the Website as a member and logged on to the member’s area of the Website.
7.1.2. All Fees are due and payable in accordance with the requirements of each Ivy Société Services (as set out from time to time on the Website).
7.1.3. Pre-payments are encouraged from Advertisers and attractive discounts are available for such pre-payments (as set out from time to time on the Website).
7.1.4. Payments will not be treated as received or paid until they have actually been received by Ivy Société.
7.2. Payment Methods
7.2.1. Payment methods are by BPAY, credit card or direct bank transfer to Ivy Société’s nominated bank account.
7.2.2. For payments by direct deposit into the Ivy Société nominated bank account, one renewal notification will be sent to the Advertiser by email.
7.2.3. Email notifications will be sent three (3) days prior to the payment due date. To ensure uninterrupted advertising on the Ivy Société Website, the Advertiser must make payment by no later than 48 hours after the due date.
7.2.4. If payment is not received within 48 hours after the expiry date of the current advertising period, Ivy Société reserves the right to suspend the Advertiser’s advertising until payment is received.
7.3.1. Subject to the requirements of any applicable laws:
188.8.131.52. refunds are made at the absolute discretion of Ivy Société; and
184.108.40.206. in the case of pre-payments, as the Advertiser will have already received a discount for making a pre-payment, no further refund will be available to the Advertiser if the Advertiser changes their mind about using the Ivy Société Services prior to the end of the period for which the Advertiser has made a pre-payment.
7.3.2. Refunds will be processed promptly and payment made by direct deposit to the Advertiser’s nominated account. Refund payments may take up to seven (7) business days to be received.
- INTEREST ON OVERDUE PAYMENTS
The Advertiser must pay on demand interest on any money due but unpaid by the Advertiser to Ivy Société. Interest is payable at the Default Interest Rate and is to be computed on daily rests from the due date for payment of the money until payment of that money is received by Ivy Société in full. Interest not paid when due is to be capitalised at monthly intervals.
9.1. Unless stated otherwise all of the Fees are inclusive of GST.
9.2. Subject to clause 9.1 , if any payment made by one party to any other party under or relating to these Terms and Conditions constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will subject to the receipt by the payer of a tax invoice in the prescribed form be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply.
- THIRD PARTY SEARCH ENGINES
11.1. If the Advertiser’s subscription is cancelled, terminated or expires Ivy Société will remove the Advertiser’s content from the Website after the cancellation, termination or expiration.
11.2. The Advertiser acknowledges that notwithstanding the cancellation, termination or expiration of the Advertiser’s subscription the Advertiser’s content on the Website may still be viewable on the Website and third party search engines (notwithstanding its removal from the Website) and Ivy Société is not responsible for such content being visible and indexed by third party search engines. The Advertiser acknowledges that Ivy Société will not use any tools such as URL removal tools in this regard.
PART C – USER
- SEARCH FOR INFORMATION SERVICES
12.1. The User searches and uses the Website at their own risk.
12.2. Ivy Société provides the search for information services as part of the Ivy Société Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Ivy Société cannot accept responsibility for such errors and omissions but invites Users to inform it if any are discovered.
12.3. To the maximum extent permitted by law or statute, Ivy Société is not responsible for, and expressly disclaims all liability for, damages or loss of any kind arising from any form of use of the website including but not limited to use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.
12.4. The Website is a directory only and Users should satisfy themselves as to the accuracy of the advertisement and the legitimacy, suitability and qualification of the Advertiser.
12.5. Without limiting clause 12.3, Ivy Société will not be responsible for any monies lost by Users in respect of transactions that are instigated because of such advertisements or use of the Website. Ivy Société recommends that Users express caution when making any pre-payments or deposits to any Advertisers.
12.6. Ivy Société recommends Users use only personal computers and personal email addresses when accessing and using the Website as Ivy Société will send emails and advertising material to the User which the User may find to be of a sensitive or personal nature.
12.7. The User consents to receiving electronic communication from Ivy Société.
12.8. The Users’ acceptance of these Terms and Conditions also constitute the User’s acceptance of the Ivy Société Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.
12.9. The User is under no obligation or requirement to agree to these Terms and Conditions but in the event the User is unwilling or unable to agree with these Terms and Conditions, Ivy Société is unable to provide the Ivy Société Services.
- OBLIGATIONS OF THE USER
The User acknowledges, covenants and warrants that:
13.1. they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Ivy Société (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;
13.2. they will comply with their obligations under these Terms and Conditions;
13.3. they will not use the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Ivy Société;
13.4. they will not interfere with or disrupt the access of other Users of the Website in any way;
13.5. they will observe and be bound by the Acceptable Usage Rules;
13.6. it is their sole responsibility and not the responsibility of Ivy Société to ensure that they comply with all laws relevant to the engagement of escort or sex work services in the place where they engage such services, whether inside or outside Australia; and
13.7. they release and discharge Ivy Société from all liability for damages or loss of any kind arising out of use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.
PART D – IMAGE VERIFICATION
- IMAGE VERIFICATION
The Advertisers and Users acknowledge that:
14.1. Ivy Société provides a mandatory image verification procedure. Advertisers who opt to take part in image verification must supply a verification photo. The verification photo must show identifying features which match the Advertiser’s profile photos. Advertisers must not under any circumstances provide false or misleading information as part of the image verification service;
14.2. some of the identifying features Ivy Société may use are any or all of the following (without limitation):
14.2.1. a photo showing matching clothing or lingerie from the Advertiser’s photo shoot;
14.2.2. a photo showing the Advertiser’s facial features;
14.2.3. a photo showing the Advertiser’s body which matches the style of the body in the Advertiser’s profile images; and
14.2.4. a photo showing matching features such as tattoos;
14.3. Ivy Société will only mark a profile with the “Photos Verified” seal, if Ivy Société is satisfied (in its absolute and sole discretion) that the verification image supplied by the Advertiser closely matches the images in the Advertiser’s profile;
14.4. although Ivy Société uses all reasonable means available to Ivy Société to verify an Advertiser’s photos, Ivy Société does not warrant or represent that the image is true and correct;
14.5. Ivy Société does not warrant or represent, and provides no guarantee, that the Advertiser that a User meets in person is the same person as that shown in the Advertiser’s profile images, and all Users must make their own judgment and enquiries about whether or not to proceed with any booking; and
14.6. image verification only reflects Ivy Société’s reasonable opinion (after making all reasonable enquiries) that the images in the Advertiser’s profile are that of the Advertiser, and Ivy Société will not be responsible or liable if the images are not those of the Advertiser.
PART E – GENERAL
- POWERS OF Ivy Société
15.1. Advertisers and Users generally
The Advertiser and the User agree that:
15.1.1. Ivy Société at its sole and absolute discretion may refuse, without requiring any notice to them:
220.127.116.11. to accept or display any advertisement or any other content provided by the Advertiser for the Website or otherwise; or
18.104.22.168. to allow the User to access the Website.
15.1.2. Ivy Société may modify the Website or any Ivy Société Service (including, without limitation, the Fees payable from time to time) in any way, without notice to the Advertiser or the User.
15.1.3. Ivy Société may modify these Terms and Conditions without notice to the Advertiser or User and such modifications will apply from the time that they are made.
15.1.4. Upon payment of the Fees, the Advertiser will be provided by Ivy Société via the Website, or by email, with the means to access the Website, such as an activation key and password.
15.1.5. Ivy Société may require an Advertiser to change its user name or password or use a different method of accessing the Website from time to time.
15.1.6. If an Advertiser or User has breached these Terms and Conditions, the Acceptable Usage Policy or any other relevant documents governing the relationship between Ivy Société and the Advertiser or the User, then, in addition to all other rights and remedies available to it at law or equity or under statute, Ivy Société may terminate, without notice, the Advertiser’s or User’s membership/subscription to the Website.
In addition to the rights of Ivy Société under clause 3, Ivy Société reserves the right to terminate or cancel any advertising, without notice to the Advertiser and at Ivy Société’s sole and unfettered discretion, where:
15.2.1. a complaint about the Advertiser is received from any third party;
15.2.2. if the Advertiser is asked to provide image verification and fails to do so, or the image verification fails;
15.2.3. if a third party takes any action against Ivy Société for any act, omission or negligence on the part of the Advertiser (including but not limited to sending another person in their place to any appointment or providing deceptive or misleading images of the Advertiser to Ivy Société);
15.2.4. if, in the reasonable view of Ivy Société, the Advertiser has engaged in deceptive or misleading advertising or conduct;
15.2.5. if, in the reasonable view of Ivy Société, the Advertiser is bringing Ivy Société or the Website into disrepute;
15.2.6. if, in the reasonable view of Ivy Société, the Advertiser is working for or represents an escort agency;
15.2.7. if the Advertiser’s images are found on the website of an escort agency; or
15.2.8. if the Advertiser’s images are found on any third party website, or in the reasonable view of Ivy Société, the ownership of any image is in doubt.
15.3. Ivy Société’s powers in respect of music or other audio content in advertisements
15.3.1. If an Advertiser submits any advertisement for possible publication on the Website and that advertisement contains music (whether with or without lyrics) or any other form of audio content that has been created or is owned by a person or entity other than the Advertiser, then, when submitting the proposed advertisement or otherwise immediately on demand by Ivy Société, the Advertiser must also submit proof to Ivy Société’s satisfaction (the determination of which is at its sole discretion) that the Advertiser has lawfully obtained a licence to use that from the Australian Performing Rights Association (“APRA”) or any other industry licensing Association that Ivy Société may from time to time determine to be acceptable to it.
15.3.2. On its receiving any advertisement containing any music or other audio content, the advertisement will be placed into moderation before it is approved by Ivy Société and published online.
15.3.3. All videos comprising any part of any advertisement submitted to Ivy Société will be muted by default until approval is given by Ivy Société to their being published online.
- REPRESENTATIONS, WARRANTIES AND NEGATIVE WARRANTIES
16.1. The Advertiser and the User acknowledge and agree that Ivy Société has not made any representation or given any warranties:
16.1.1. in relation to the Website; or
16.1.2. in relation to the training materials and other services provided by Ivy Société via the Website or otherwise; or
16.1.3. the Ivy Société Services.
16.2. The Advertiser and the User and any other third party acknowledge that Ivy Société is not responsible in any way for any actions, omissions or negligence on the part of any Advertiser and Users of the Website and that any contract formed between Advertisers and Users as a direct or indirect result of the provision of Ivy Société Services, is solely and wholly between the Advertiser and User and not, under any circumstances, with Ivy Société.
16.3. Ivy Société will use its reasonable endeavours to protect all private information of the Advertiser and Users of the Website.
16.4. Advertisers and Users acknowledge and agree that data transmission over the internet cannot be guaranteed as totally secure. Whilst Ivy Société will use its reasonable endeavours to protect such information, Ivy Société does not warrant and cannot ensure the security of any information which is transmitted to Ivy Société. Accordingly, any information which an Advertiser or User transmits to Ivy Société is transmitted at their own risk, including (without limitation) private email addresses, personal information and images. Ivy Société takes reasonable steps to preserve the security of such information and images, but will not be held responsible if the information or images become public, under any circumstances.
16.5. Ivy Société gives no warranty as to accuracy, suitability or functionality of the Website or the Ivy Société Services. The Advertiser and User acknowledge that from time to time there may be faults, defects and errors with the Website and they must not hold Ivy Société responsible in this regard. If they become aware of such faults, defects or errors they must inform Ivy Société.
- LIABILITY, INDEMNITY AND RELEASE
17.1. To the extent permitted by law, Ivy Société (including its respective officers, employees, sub-contractors and agents) is not responsible or liable whatsoever for:
17.1.1. cancellation, modification, suspension or delay of the Ivy Société Services;
17.1.2. the unavailability or inaccessibility of the Ivy Société Services and Website for any reason;
17.1.3. any loss suffered or sustained to a person or property, including but not limited to consequential (including economic) loss, by reason of any act or omission, deliberate or negligent by Ivy Société or its servants or agents in connection with the Ivy Société Services, the Website and any person agreeing to these Terms and Conditions.
17.2. The Advertiser and the User indemnify and keep indemnified Ivy Société, its officers, employees, sub-contractors and agents on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal costs (including but not limited to its own legal costs on a solicitor and own client basis) which Ivy Société pays, suffers or incurs or is liable for in respect of:
17.2.1. any negligent act or omission of the Advertiser or User, including (without limitation), sharing their user name and password with any other third parties;
17.2.2. any act or omission of the Advertiser or User which is intended to cause damage in any way to Ivy Société knowingly or unknowingly;
17.2.3. any breach of these Terms and Conditions;
17.2.4. the failure to comply with these Terms and Conditions; and
17.2.5. Ivy Société doing anything which the Advertiser or User must do under these Terms and Conditions but has not done or which Ivy Société considers has not done properly.
17.3. The Advertiser and the User release Ivy Société from, and agree that Ivy Société is not liable for any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from anything Ivy Société is permitted or required to do under these Terms and Conditions.
17.4. Advertisers and Users acknowledge that certain risks might arise from any contract, agreement or arrangement between an Advertiser and a User for the supply of escort or other services including, but not limited to:
17.4.3. permanent disability;
17.4.4. sexually transmitted diseases;
17.4.7. rape or other indecent assault;
17.5. Advertisers and Users acknowledge and accept that they assume all responsibility and liability for the Risks, and release Ivy Société from, and indemnify Ivy Société against, any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (including but not limited to its own legal costs on a solicitor and own client basis), arising from the Risks.
17.6. Subject to these Terms and Conditions and this clause 17, if Ivy Société is found to be liable its liability is limited as set out in clause 17.7.
17.7. To the maximum extent permitted by law or statute, the aggregate liability of Ivy Société to the Advertiser or User or any other party who may have a claim against Ivy Société in respect of the Website and/or Ivy Société Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Advertiser or User (if any) for the Ivy Société Services or the cost of their re-supply, whichever Ivy Société elects in its absolute discretion and for a period of 30 days from the event which gave rise to such liability.
18.1. Ivy Société gives no warranty or representation in relation to the supply of the Ivy Société Services and the Advertiser and User acknowledge that they have not relied on any representation or warranty made by or on behalf of Ivy Société in relation to the Ivy Société Services.
18.2. Any warranties or conditions implied by law, either by statutory instrument or otherwise in respect of Ivy Société or the Ivy Société Services, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.
18.3. The Advertiser and the User acknowledge that they have undertaken their own inspections and made independent enquiries in reaching any decision to purchase the Ivy Société Services pursuant to these Terms and Conditions.
18.4. The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give the Advertisers and Users other legal rights. If they apply to the Ivy Société Services the Advertiser and User acknowledge that they cannot be modified or excluded by any contract. Nothing in these Terms and Conditions generally affects their rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.
- LINKS TO OTHER WEBSITES
19.1. Ivy Société may from time to time provide on the Website, links to other websites and information on those websites for the Advertisers’ and Users’ convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Ivy Société and the owners of those other websites. Ivy Société takes no responsibility for any of the content found on such linked websites.
19.2. The Website may contain information provided by third parties for which Ivy Société accepts no responsibility whatsoever including, without limitation, for information or advice provided to the Advertiser or User directly by third parties. Ivy Société is making a ‘recommendation’ only and are not providing any advice and Ivy Société is not responsible for any advice received in this regard.
20.1. In addition to all other rights and remedies available to it at law or equity or statute, Ivy Société may terminate the agreement with the Advertiser as set out in these Terms and Conditions at any time without notice.
20.2. In addition to all other rights and remedies available to it at law or equity or statute, upon termination:
20.2.1. Ivy Société will remove the Advertiser’s access to the Website; and
20.2.2. where applicable, the Advertiser must immediately pay Ivy Société any outstanding Fees that it owes Ivy Société.
20.3. The obligations of the Advertiser under any clause of these Terms and Conditions, survive the termination of this agreement.
21.1. Ivy Société may at any time assign all or any of its rights and liabilities arising under these Terms and Conditions.
21.2. The Advertiser is not entitled to assign or purport to assign any of its rights or liabilities under these Terms and Conditions without the prior written consent of Ivy Société (which consent may be given or withheld or given subject to conditions in Ivy Société’s absolute discretion).
- ACCEPTABLE USAGE RULES
The Advertiser and the User agree that the Acceptable Usage Rules form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Acceptable Usage Rules, then these Terms and Conditions will prevail to the extent of any inconsistency.
- UNFORESEEN CIRCUMSTANCES
Ivy Société will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure, hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the Websites performance.
- DISCRIMINATION POLICY
This policy applies to all Advertisers and Users of Ivy Société, the Ivy Société Services and the Website.
24.2.1. Ivy Société takes seriously its responsibility to comply with all anti-discrimination laws.
24.2.2. Ivy Société has taken all reasonable steps to ensure it is at all times complying with all anti-discrimination laws, and that the Ivy Société Services do not portray people or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sex, sexual orientation, transgender status, marital status, family responsibilities, religion, disability or impairment, mental illness, political belief or activity, religious belief or activity, breastfeeding or any other attribute identified under State, Territory or Federal anti-discrimination or human rights legislation, or personal association with a person with the attributes identified.
24.2.3. If an Advertiser or User believes that any aspect of the Website or Ivy Société Services contravenes any anti-discrimination laws, Ivy Société requests that they contact Ivy Société to resolve the issue.
24.3. Compliance by Advertisers
24.3.1. Advertisers must comply with all State, Territory and Federal anti-discrimination laws which may affect them.
24.3.2. If an Advertiser is found to be in breach of any anti-discrimination law (including but not limited to an Advertiser’s advertisement or conduct breaches anti-discrimination law) Ivy Société reserves the right to immediately cancel the Advertiser’s subscription and/or account without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.
25.1. Independent legal and financial advice
By agreeing to abide by these Terms and Conditions, the Advertiser and the User warrant that they have reviewed these Terms and Conditions and have:
25.1.1. obtained independent legal and financial advice; or
25.1.2. had the opportunity to consult independent legal and financial advice,
on these Terms and Conditions.
If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms and Conditions is not affected.
A party may validly give a notice to another party only by:
25.3.1. personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);
25.3.2. leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);
25.3.3. posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);
25.3.4. emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent and the sender receiving notification of the successful delivery of the email transmission; or
25.3.5. sending the notice by facsimile, without transmission error (the notice is treated as received on production of a “successful transmission” notice) to the facsimile number of the party.
25.4. Governing law and jurisdiction
These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of Queensland in the Commonwealth of Australia and the Advertiser, User and Ivy Société irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland or of the Commonwealth of Australia situated in the Central Business District of either Brisbane or Cairns (the determination of which locality will be solely at Ivy Société’s discretion) and the courts of appeal from them.
Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:
25.5.1. is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and
25.5.2. must be in writing and signed by the party granting the waiver.
Ivy Société may amend these Terms and Conditions at any time and the Advertiser and the User agree to be bound by the Terms and Conditions as amended.
- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:
26.1.1. Acceptable Usage Rules means the Acceptable Usage Rules which govern the use of the Website.
26.1.2. Advertiser means a person or entity who advertises on the Website and/or engages the services of Ivy Société in respect of website design in accordance with these Terms and Conditions.
26.1.3. Default Interest Rate means a percentage interest rate per annum equal to the rate set by Ivy Société’s bank as its benchmark rate for overdrafts of $100,000.00 or more plus 2% or, if there is no such rate, the rate of 12% per annum;
26.1.4. Fees means the fees, which are set out on the Website (as amended from time to time) and which are payable by the Advertiser and/or User (as the case may be) for accessing the materials on the Website.
26.1.5. GST means any tax, levy, charge, or impost implemented under the GST Act;
26.1.6. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of or which has a similar effect to the GST Act;
26.1.8. Ivy Société Services means all of the services provided by Ivy Société to an Advertiser and User pursuant to these Terms and Conditions.
26.1.9. Terms and Conditions means these terms and conditions as amended from time to time.
26.1.10. User means a person or entity who uses and accesses the Website in accordance with these Terms and Conditions.
26.1.11. Website means the website www.ivysociete.com/au or such other website operated by Ivy Société from time to time from which Ivy Société provides the Ivy Société Services.
In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:
26.2.1. clause and subclause headings are for reference purposes only;
26.2.2. the singular includes the plural and vice versa;
26.2.3. words denoting any gender include all genders;
26.2.4. reference to a person includes any other entity recognised by law and vice versa;
26.2.5. where a word or phrase is defined its other grammatical forms have a corresponding meaning;
26.2.6. any reference to a party to these Terms and Conditions includes its successors and permitted assigns;
26.2.7. if a party consists of more than one person, these Terms and Conditions binds them jointly and each of them severally;
26.2.8. any reference to any agreement or document includes that agreement or document as amended at any time;
26.2.9. the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;
26.2.10. the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
26.2.11. an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;
26.2.12. an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;
26.2.13. reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in these Terms and Conditions means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;
26.2.14. reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated;
26.2.15. these Terms and Conditions may not be construed adversely to a party only because that party was responsible for preparing it.