Terms of Use

1. ABOUT THESE TERMS

These Terms of Use govern access to and use of Aussies After Dark, including the website, directory, search features, profiles, contact features and other services made available through Aussies After Dark ("AAD", "we", "us" or "our").

Aussies After Dark is operated by AND Technology Group Pty Ltd.

Contact: admin@aussiesafterdark.com

By accessing or using Aussies After Dark, you agree to these Terms to the extent applicable to your use of the service.

If you create or operate an advertiser account, the Advertiser Agreement also applies to you.

Our Privacy Policy, Content Policy and Adult Content Policy should be read together with these Terms.

2. ADULTS ONLY

Aussies After Dark is intended only for adults aged 18 years or older.

You must not access or use AAD if you are under 18.

AAD may require users to confirm that they are 18 or older before accessing the website.

Advertisers are subject to additional identity and age-verification requirements.

3. WHAT AUSSIES AFTER DARK IS

AAD is an adult advertising and directory platform.

AAD provides tools that allow independent advertisers and establishments to publish advertisements and allows visitors to discover and contact advertisers.

AAD does not:

• (a) provide the services advertised by advertisers;
• (b) employ advertisers merely because they advertise on AAD;
• (c) act as an escort agency or booking agency;
• (d) arrange appointments between visitors and advertisers;
• (e) process payments for services provided by advertisers;
• (f) set the prices charged by advertisers;
• (g) participate in transactions between advertisers and visitors; or
• (h) guarantee the identity, conduct, legality, safety, availability, qualifications, services or claims of an advertiser except to the limited extent expressly described by a specific AAD verification feature.

Any arrangement between a visitor and an advertiser is made independently of AAD.

4. LEGALITY AND LOCAL LAWS

Laws relating to adult services, sex work, massage, advertising and associated businesses differ between Australian states and territories and may change over time.

Each advertiser is responsible for determining whether they may lawfully advertise and provide their advertised services in every location in which they operate or advertise.

AAD's acceptance or publication of an advertisement does not constitute legal advice or confirmation that the advertiser or their services comply with applicable law.

Visitors and advertisers are responsible for complying with laws applicable to their own conduct.

5. ADVERTISER INFORMATION

Information appearing in listings is supplied primarily by advertisers.

AAD may moderate, verify particular information, require changes or remove content, but does not independently verify every statement made in an advertisement.

Advertisers are responsible for keeping their information accurate and current.

6. VERIFICATION

AAD requires identity and age verification as part of its advertiser publication process.

Verification has a limited meaning.

Identity verification may establish matters such as the verified person's identity and that the person is at least 18 years old.

Independent advertisers must also complete AAD's photo verification before their listing is published. Where a listing indicates that its photos are verified, AAD staff have compared a photograph taken by the advertiser holding a unique code with the photographs on that listing. This does not guarantee that every photograph or video is current, unedited, owned by the advertiser or authorised for use, and it is not an endorsement.

People listed by an establishment are advertised by that establishment, which is responsible for checking their age and identity and for having their permission to advertise them. Photo verification is optional for them, and a person listed by an establishment is shown as photo verified only where their own photographs have been verified.

Verification does not mean that AAD:

• (a) endorses or recommends the advertiser;
• (b) has inspected or approved services provided by the advertiser;
• (c) guarantees that profile information is accurate;
• (d) guarantees availability;
• (e) verifies health or STI claims;
• (f) verifies professional qualifications unless expressly stated;
• (g) guarantees safety or conduct; or
• (h) guarantees that an establishment has independently verified every matter relating to every worker it advertises.

Visitors should exercise their own judgement.

7. PUBLIC CONTENT

AAD is not intended to operate as a pornography-hosting service.

Public-facing media must comply with the Content Policy and Adult Content Policy.

Among other restrictions, public media must not contain exposed genitals or anus, exposed female nipples, sexual activity, explicitly simulated sexual activity, masturbation, explicit sex-toy use, explicit bodily-fluid imagery or other prohibited explicit material.

AAD may reject, restrict, blur, remove or disable content that does not comply with its policies or that AAD reasonably considers may expose AAD or another person to legal, safety or regulatory risk.

8. CONTACTING ADVERTISERS

AAD may provide contact forms, phone reveal features and links to telephone, SMS, WhatsApp, websites or social platforms.

Using a contact feature does not create a booking or contract with AAD.

AAD does not guarantee that an advertiser will respond.

Contact information and enquiries must not be used for harassment, threats, spam, unlawful surveillance, exploitation or any other unlawful purpose.

9. AVAILABLE NOW AND AVAILABILITY

Availability information is supplied by advertisers.

"Available Now", "Working Now", weekly availability and similar information are not independently verified by AAD.

"Available Now" is a temporary advertiser-controlled status and does not guarantee that the advertiser will remain available or accept an enquiry.

10. SEARCH AND PROMOTED PLACEMENT

AAD may determine how listings are displayed, filtered, rotated and ranked.

Some advertisers may purchase or receive promotional features including Featured, Plus or VIP placement.

Promotional products may improve the prominence of an eligible listing but do not guarantee:

• (a) a particular permanent ranking position;
• (b) a particular number of views or impressions;
• (c) enquiries;
• (d) bookings;
• (e) customers;
• (f) revenue; or
• (g) any other commercial result.

A promoted listing must still satisfy AAD's publication requirements.

11. EXTERNAL WEBSITES AND SERVICES

Listings may contain links to third-party websites or services.

AAD does not control those services and is not responsible for their content, availability, security, privacy practices or transactions.

A link does not constitute endorsement by AAD.

12. REPORTING CONTENT

Users may report listings or content that they believe is inaccurate, unlawful, unsafe, non-consensual or otherwise contrary to AAD's policies.

Copyright and person-depicted complaints may be submitted through AAD's takedown process.

AAD may temporarily restrict content while investigating a report.

Submitting deliberately false, malicious or abusive reports is prohibited.

13. INTELLECTUAL PROPERTY

AAD's website design, branding, software, logos, graphics and original platform content are owned by or licensed to AND Technology Group Pty Ltd and are protected by applicable intellectual-property laws.

Advertisers retain their rights in material they submit, subject to the licences granted under the Advertiser Agreement.

You must not copy, scrape, reproduce, republish or commercially exploit AAD content except as permitted by law or with appropriate permission.

14. PROHIBITED USE

You must not:

• (a) access AAD if you are under 18;
• (b) use AAD for unlawful activity;
• (c) attempt to circumvent security, access controls or moderation systems;
• (d) scrape or systematically harvest personal information;
• (e) impersonate another person;
• (f) engage in fraud or deceptive conduct;
• (g) threaten, harass or exploit another person;
• (h) upload malicious code;
• (i) interfere with the operation of AAD;
• (j) attempt unauthorised access to accounts, systems or data;
• (k) use information obtained through AAD for spam or unsolicited mass marketing; or
• (l) use AAD in a manner that infringes another person's privacy, intellectual-property rights or other legal rights.

15. MODERATION AND ENFORCEMENT

AAD may investigate suspected breaches of these Terms or its policies.

Depending on the circumstances, AAD may request changes, reject content, restrict features, remove content, suspend a listing, suspend an account or permanently remove a profile.

AAD may act urgently where it reasonably considers this necessary to protect a person, preserve evidence, comply with law, respond to a regulator or reduce a material safety or legal risk.

16. SERVICE AVAILABILITY

AAD aims to provide a reliable service but does not guarantee uninterrupted or error-free availability.

Maintenance, technical failures, third-party outages, security incidents and circumstances outside AAD's reasonable control may affect availability.

17. CONSUMER RIGHTS

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including any applicable rights under the Australian Consumer Law.

18. LIABILITY

To the maximum extent permitted by law, AAD is not responsible for the independent acts or omissions of advertisers or visitors, or for transactions, meetings or services arranged independently between them.

Where liability cannot lawfully be excluded, these Terms operate subject to those non-excludable rights.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

19. PRIVACY

AAD handles personal information as described in its Privacy Policy.

20. CHANGES TO AAD

AAD may modify, discontinue or introduce features from time to time.

Material changes affecting advertiser contractual rights will be dealt with in accordance with the Advertiser Agreement and applicable law.

21. CHANGES TO THESE TERMS

AAD may update these Terms where reasonably necessary, including to reflect changes to the service, law, regulation, security requirements or business practices.

The current version and effective date will be displayed on AAD.

Where a material change requires renewed acceptance from advertisers, AAD may require acceptance before continued use of relevant advertiser functionality.

22. GOVERNING LAW

These Terms are governed by the laws applicable in New South Wales, Australia.

The parties submit to the courts and tribunals having jurisdiction in New South Wales, subject to any rights a person has to bring a claim in another jurisdiction under applicable law.

23. CONTACT

Questions about these Terms may be sent to:

admin@aussiesafterdark.com