Advertiser Agreement

1. PARTIES

This Advertiser Agreement is between:

AND Technology Group Pty Ltd, operator of Aussies After Dark ("AAD", "we", "us" or "our");

and

the person or entity creating or operating an advertiser account ("Advertiser", "you" or "your").

This Agreement applies in addition to the AAD Terms of Use, Privacy Policy, Content Policy and Adult Content Policy.

2. ELIGIBILITY

You must be at least 18 years old to hold or operate an advertiser account.

You must provide accurate account information and complete AAD's required verification processes.

You must not create or operate an account on behalf of a person who is prohibited from using AAD.

3. ACCOUNT TYPES

AAD currently supports Independent and Establishment advertiser accounts.

An Independent advertiser may advertise in-person services, Digital Services, or both, subject to available AAD categories and applicable law.

An Establishment account may manage worker listings through the establishment account.

Workers listed through an establishment do not receive separate AAD login accounts merely because they appear on an establishment listing.

4. ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your account credentials and for activity performed through your account except to the extent caused by AAD or circumstances for which you are not legally responsible.

You must notify AAD promptly if you believe your account has been compromised.

5. LEGAL COMPLIANCE

You are solely responsible for ensuring that:

• you may lawfully provide the services you advertise;
• you may lawfully advertise those services;
• you comply with laws applying in each state, territory or locality in which you operate or advertise;
• required registrations, licences, approvals or permissions are held where applicable;
• your advertising complies with applicable consumer, employment, health, planning and other laws.

AAD does not provide legal advice and publication of a listing is not confirmation of legal compliance.

6. IDENTITY AND AGE VERIFICATION

AAD requires identity and age verification before a listing can become public.

Identity verification ordinarily becomes available once qualifying advertising has been paid for, or AAD has otherwise granted an advertising entitlement, even if the advertising period has not yet started.

Independent advertisers verify their own identity.

For an Establishment account, the responsible account holder completes AAD's account-holder verification process.

AAD's current establishment workflow does not mean that AAD has individually identity-verified every worker appearing in an establishment's advertising.

The legal name and date of birth you provide at registration must be accurate and must belong to the person responsible for the account. AAD compares them with the legal name and date of birth confirmed by the identity verification provider.

If the details differ, or the verified person appears to be associated with another advertiser account, AAD may review the verification, ask for further information, decline it or take other action available under this Agreement. AAD does not approve such a difference automatically.

Approval by the identity verification provider does not by itself make a listing public. Identity verification, photo verification (where it applies) and listing moderation are separate requirements, and each must be satisfied.

AAD may require reverification where verification expires or where reasonably required for security, integrity or compliance purposes.

7. PHOTO VERIFICATION

Independent advertisers, including online-only and digital services advertisers and advertisers who offer both in-person and digital services, must complete AAD's photo verification, and AAD must approve it, before their listing can become public. There is no exemption from this requirement for independent advertisers.

Identity verification and photo verification are separate checks. Completing one does not satisfy the other.

Photo verification involves a photograph of you holding a unique code issued by AAD, and at least two different photographs that clearly show your face. A new code is needed for each attempt.

Your public listing photographs may blur or conceal your face where AAD's media rules allow. The original photographs, and any photographs you provide for verification only, are kept privately and are used for verification. Photographs provided for verification only are not published.

Photo verification is reviewed by AAD staff, who compare the photographs by sight. AAD does not use automated facial recognition for this review.

AAD may ask you to repeat photo verification, for example where a photograph is unclear, a code has expired, or your face photographs are removed or change materially. If photographs AAD relied on are removed, an earlier approval may be withdrawn.

AAD may decline to publish, withhold or remove a listing where required photo verification has not been completed, is not approved, or has been withdrawn.

You must only upload photographs and videos that you have the rights and permissions to use, and you must not impersonate another person or upload stolen or unauthorised images. These obligations are in addition to the media warranties in this Agreement and AAD's Content Policy.

Establishment accounts are not required to complete personal photo verification; the responsible account holder's identity verification still applies. Photo verification of a person advertised by an establishment is optional and is submitted by the establishment in accordance with the section headed Establishment Responsibility. A person advertised by an establishment is shown as photo verified only where that person's own photo verification has been approved; the establishment's verification, or another person's, does not make them photo verified.

A Photos Verified indication means that AAD's photo verification process has been completed for that listing. It does not guarantee the authenticity, ownership or authorisation of every image or video, and it is not an endorsement of the advertiser.

8. ADDITIONAL INFORMATION

AAD may ask you for further information, or for a further photo verification, where it is reasonably needed to complete a verification, for example where the information provided appears incorrect or inconsistent.

Requests and responses are made through your AAD dashboard. Your listing is not published while a request is outstanding.

AAD may decline a verification where the information provided does not satisfy AAD's requirements, and may take further action under this Agreement where it reasonably suspects deliberate misrepresentation or identity fraud.

9. VERIFICATION PERIOD, REMINDERS AND ACCOUNT ARCHIVING

Once verification is required for your account (ordinarily once qualifying advertising has been paid for), you have a verification period of 60 days to complete the verification steps that are yours to complete.

Time counts only while the next step is yours. It is paused while AAD or the identity verification provider is reviewing a submission you have completed, and it resumes if further action from you is needed. Signing in, editing your listing, buying advertising or retrying a verification does not restart the period.

AAD will send reminder emails to your account email address during the verification period, including a final notice before the period ends. You are responsible for keeping your account email address current and for completing the outstanding steps.

If the outstanding verification is not completed within the verification period, AAD may archive your account. AAD will not archive an account for this reason while AAD or the identity verification provider is reviewing a completed submission, or where the only outstanding step is AAD's moderation of your listing.

AAD may also archive an account manually where reasonably necessary to administer the service, for example at your request or where an account is incomplete or inactive. AAD records the reason for every archive.

While an account is archived, you cannot sign in, your listings are not public and no advertising is published. Archiving is not deletion: your account, listing, verification, payment and invoice records are kept as described in the Privacy Policy and as required for AAD's record keeping.

Archiving is different from suspension and from permanent removal under this Agreement. A suspension or permanent removal is not lifted by reactivating an archived account.

10. REACTIVATION

You may ask AAD to reactivate an archived account by contacting AAD.

Reactivation is at AAD's reasonable discretion and does not guarantee approval. It never bypasses identity verification, photo verification or listing moderation, does not automatically publish a listing, and does not automatically restart or extend advertising.

Where an account was archived because verification was not completed, a new 60-day verification period applies after reactivation. AAD may take into account that an account has previously been archived.

11. ESTABLISHMENT RESPONSIBILITY

An Establishment advertiser is responsible for each person it advertises. The establishment's verified responsible account holder confirms on the establishment's behalf, and the establishment must ensure, that:

• each person it advertises is at least 18 years old, and the establishment has checked that person's age and identity before their profile is published;
• the establishment has obtained each person's permission to publish their photographs, profile information and advertising content on AAD, and that permission covers the information and media actually published;
• before submitting a person's photographs for AAD's optional photo verification, the establishment has obtained that person's permission to do so, including permission for AAD to receive, keep and review the photographs as described in the Privacy Policy;
• each person it advertises is lawfully able to provide the services advertised and is accurately represented;
• the establishment keeps records of these checks and permissions while the person is advertised and for a reasonable period afterwards, and will provide them to AAD if AAD reasonably requests them; and
• where a person withdraws their permission, or a permission is no longer valid, the establishment promptly removes or corrects the affected listing, information or media and, where the permission related to photo verification, tells AAD so that the verification can be withdrawn.

The responsible account holder makes these confirmations by accepting AAD's establishment responsibility declaration. AAD records the declaration version and the time of acceptance. Where AAD updates the declaration, the establishment's listings are not public until the current version has been accepted.

People advertised by an establishment do not have their own AAD accounts. AAD relies on the establishment's confirmations and does not itself verify the identity of each person an establishment advertises. AAD may request the records described above, and may suspend or remove a listing, or the establishment's account, where satisfactory records are not provided or a confirmation is found to be untrue.

A person who believes their photographs or information have been published without their permission may use AAD's profile report, takedown request or contact form. AAD may act on such a report after taking reasonable steps to assess it, and may ask the establishment for the records described above.

12. PROFILE INFORMATION

You must ensure your listing is accurate and kept reasonably current.

You must not make false or misleading claims.

You are responsible for your rates, services, availability, contact information and locations.

13. CONTENT POLICIES

All content must comply with the Content Policy and Adult Content Policy.

AAD may require moderation before content becomes public.

Editing previously approved free-text or media content may cause the content or profile to return to moderation.

14. MEDIA RIGHTS AND CONSENT

By uploading media to AAD, you warrant that:

• every depicted person is at least 18 years old;
• you have all rights and permissions reasonably necessary to upload and use the media;
• every depicted person has given any consent required for the proposed use;
• the media is not stolen, leaked or non-consensual;
• publication does not infringe another person's rights.

You must notify AAD promptly if these warranties cease to be accurate.

15. LICENCE TO AAD

You retain ownership of content you own.

You grant AND Technology Group Pty Ltd a non-exclusive, worldwide, royalty-free licence, for the period reasonably required to provide and administer AAD, to host, store, reproduce, resize, crop, blur, pixelate, transcode, watermark, display, distribute and otherwise technically process content you submit for:

• operating your listing;
• displaying it through AAD;
• content delivery and caching;
• moderation;
• backup and administration;
• providing features you request.

This licence does not transfer ownership of your content to AAD.

Where you separately opt in to AAD social promotion, you additionally authorise AAD to use the selected profile information and approved media for that promotional purpose in accordance with the social-promotion consent presented to you.

Withdrawal from future social promotion does not necessarily remove material already published through an external service.

16. ADVERTISING PRODUCTS

AAD may offer advertising products with different durations, geographic reach and promotional features.

The product, duration, price and inclusions presented when an invoice is created form part of your purchase.

AAD may change prices for future purchases.

A price change does not retrospectively change an already-issued invoice.

17. PAYMENT

AAD currently accepts advertising payment through the payment methods displayed during checkout, presently including manual PayID payment.

Creating an invoice does not mark it as paid.

If you indicate that payment has been made, AAD will review the payment.

Advertising is activated only after payment is confirmed or AAD otherwise grants the relevant advertising entitlement.

Payment does not by itself make a listing public.

Unpaid invoices may expire.

18. ADVERTISING PERIOD

Unless the relevant product states otherwise, an advertising period begins when the entitlement is activated.

Where you buy advertising for a listing that cannot yet be public because identity verification, photo verification (where it applies), approval of the required photographs or listing moderation is outstanding, the paid advertising period does not start until those requirements are met. The full period then begins, so paid time is not used while the listing cannot be public. Advertising add-ons bought while that advertising is waiting to start begin at the same time.

Where AAD's system applies a qualifying renewal consecutively after an existing period, the renewal may begin at the end of the existing paid period so paid time is not lost.

Advertising expires automatically at the end of the applicable period unless renewed.

AAD does not currently operate automatic recurring subscriptions for these advertising products.

19. HIDING YOUR LISTING

You may have access to a feature allowing you to temporarily hide your listing.

Hiding a listing does not pause, extend or restart the paid advertising period.

The advertising period continues to run while voluntarily hidden.

You should therefore only hide an active paid listing if you accept that the underlying paid period will continue.

20. STATE PRIVACY CONTROLS

AAD may allow advertisers to hide a listing from visitors believed to be in selected states or territories.

These controls use approximate location technology and cannot guarantee anonymity.

VPNs, proxies, inaccurate geolocation and other technical factors may cause the control to be bypassed or applied inaccurately.

AAD may prevent you from hiding a jurisdiction that forms part of advertising reach you are currently paying to receive.

21. AVAILABLE NOW

Available Now is an advertiser-controlled availability feature.

When activated under the current system, it lasts approximately 30 minutes unless ended or extended.

It is your responsibility to use availability features accurately.

AAD does not independently verify that you are actually available.

22. FEATURED AND PLUS ADVERTISING

Featured, Plus and other promotional advertising may increase the prominence of an otherwise eligible listing.

They do not guarantee:

• a permanent ranking position;
• impressions;
• enquiries;
• bookings;
• revenue; or
• commercial success.

Promotional ranking may vary according to search context, rotation and AAD's ranking system.

23. VIP BOOST

Where available, one VIP Boost credit currently provides approximately two hours of VIP promotional status.

A listing must satisfy AAD's eligibility requirements when a Boost is activated.

An active VIP Boost does not make an otherwise ineligible listing public and does not extend the underlying advertising period.

Included VIP Boost credits are associated with the applicable advertising period and expire with that period if unused.

Purchased VIP Boost credits currently do not expire.

Included credits are used before purchased credits under the current system.

AAD does not guarantee a specific ranking position while VIP is active.

24. REFUNDS AND CANCELLATIONS

Except where required by law or otherwise agreed by AAD, AAD does not provide a refund merely because:

• you change your mind;
• you stop providing your advertised services;
• you voluntarily hide your listing;
• you do not use the full advertising period;
• you receive fewer enquiries than expected;
• you do not achieve a desired commercial result;
• an included promotional benefit expires unused in accordance with the product terms; or
• your account or verification is declined, or your account is permanently removed, because of deliberate misrepresentation, identity fraud or a serious breach of this Agreement.

Nothing in this Agreement excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

AAD may provide a refund, credit or other remedy where required by law or where AAD considers it appropriate in the circumstances.

25. PAID ADVERTISING THAT HAS NOT STARTED

If you have paid for advertising that has not started because verification or approval is not complete, that advertising remains recorded on your account, including while the account is archived.

Archiving does not by itself cancel, forfeit or refund paid advertising, and AAD does not refund it automatically.

If you believe you are entitled to a refund, credit or other remedy, contact AAD. AAD will consider the request having regard to the circumstances, including the reason the advertising has not started, and applicable law, including the Australian Consumer Law.

26. MODERATION AND SUSPENSION

AAD may reject content, request changes or temporarily restrict a listing where reasonably necessary to administer its policies, investigate a complaint, protect users, address a security concern or comply with law.

Where reasonably practicable and appropriate, AAD may give an advertiser an opportunity to correct a remediable issue.

Serious matters, including suspected underage involvement, trafficking, coercion, non-consensual content, fraud, serious illegality or material safety risks, may result in immediate restriction while the matter is investigated.

27. EFFECT OF SUSPENSION ON PAID ADVERTISING

Temporary moderation or suspension does not automatically extend an advertising period.

However, nothing in this clause removes any remedy to which you are entitled by law.

AAD may consider an extension, credit or refund where appropriate having regard to the reason for the restriction, its duration, whether the advertiser caused or contributed to the issue, and applicable legal obligations.

28. PERMANENT REMOVAL

AAD may permanently remove a profile or terminate advertiser access for a serious or repeated breach of this Agreement or AAD policy, or where continued publication would create an unacceptable legal or safety risk.

AAD will not exercise this right arbitrarily.

The effect on unused paid advertising will depend on the circumstances and applicable law.

Nothing in this Agreement authorises AAD to retain payment where doing so would contravene a non-excludable legal right.

29. PROMOTIONAL CREDITS

Included promotional credits may expire in accordance with the advertising product to which they relate.

Purchased credits are governed by the conditions displayed for the purchased product.

Promotional credits have no cash value except where required by law.

30. COMPLIMENTARY ADVERTISING

AAD may, at its discretion, grant complimentary advertising, for example to an advertiser who returns and completes verification.

Complimentary advertising is a goodwill decision. There is no entitlement to it, it is not granted automatically when an account is reactivated, and it is not a refund or a remedy required by law.

31. SOCIAL PROMOTION

AAD may offer optional promotion through official social-media accounts.

Participation requires separate opt-in consent.

AAD retains editorial and moderation control over whether a proposed social post is published.

AAD does not guarantee views, engagement, enquiries or results.

32. ENQUIRIES

AAD may forward visitor enquiries to you.

AAD does not verify every visitor or guarantee that an enquiry is genuine.

You are responsible for deciding whether and how to respond.

You must handle personal information received through an enquiry lawfully and responsibly.

33. REPORTS AND TAKEDOWNS

AAD may investigate reports concerning your profile or content.

Reporter identity and contact information will not ordinarily be disclosed to you.

AAD may temporarily disable content while a serious complaint is investigated.

You must cooperate reasonably with legitimate requests for information relating to consent, rights, age, identity or compliance.

34. ACCOUNT CLOSURE

You may request account closure by contacting AAD or through any account-closure facility AAD makes available.

Closure is not an instant right to erase every record.

AAD may retain information reasonably necessary for accounting, legal obligations, fraud prevention, safety, dispute resolution, enforcement and legal claims.

Account closure does not automatically create a right to a refund for unused advertising, subject always to applicable law.

35. PRIVACY

AAD handles personal information in accordance with its Privacy Policy.

36. WARRANTIES

You warrant that information and content you supply is, to the best of your knowledge, accurate and lawful and that you have the rights and authority required by this Agreement.

You must not knowingly provide false verification information.

37. AAD'S ROLE

AAD supplies advertising and directory services.

AAD is not a party to transactions between you and visitors.

AAD does not guarantee customers, bookings, earnings or outcomes.

38. AUSTRALIAN CONSUMER LAW

Our services come with rights and guarantees that may apply under the Australian Consumer Law and cannot be excluded where the law applies.

Nothing in this Agreement excludes, restricts or modifies those rights.

39. LIABILITY

To the maximum extent permitted by law, AAD is not responsible for losses arising solely from transactions, meetings or services independently arranged between an advertiser and a visitor.

Any exclusion or limitation in this Agreement applies only to the extent permitted by law.

Nothing excludes liability that cannot lawfully be excluded.

40. CHANGES TO THIS AGREEMENT

AAD may update this Agreement where reasonably necessary to reflect changes in law, regulation, platform functionality, security requirements or business practices.

Material changes will not be applied retrospectively in a manner prohibited by law.

AAD may require acceptance of a materially updated version before an advertiser continues using relevant services.

41. GOVERNING LAW

This Agreement is governed by the laws applicable in New South Wales, Australia.

The parties submit to courts and tribunals having jurisdiction in New South Wales, subject to any applicable statutory rights concerning jurisdiction.

42. CONTACT AND DISPUTES

If you have a concern about AAD, contact:

admin@aussiesafterdark.com

We encourage advertisers to contact us first so that we can investigate and attempt to resolve the issue.

Nothing in this clause limits a right to contact a regulator, tribunal or court.

43. ENTIRE AGREEMENT

This Advertiser Agreement, together with the Terms of Use and incorporated AAD policies applicable to the relevant service, records the terms governing your advertiser use of AAD.

If there is an inconsistency concerning advertiser-specific obligations, this Advertiser Agreement prevails to the extent of that inconsistency, subject to applicable law.