Terms & Conditions

Legal Statement

This Website is owned and operated by Blackbox Tech Pty Ltd (ACN 664 919 975), who is referred to in these Terms and Conditions as Blackbox, we, us, our and similar grammatical forms.

Agreement to these terms and conditions

2.1

Every User of this Website who either submits or undertakes a search of a Report, or another person, agrees to these Terms and Conditions.

2.2

By accessing, using, printing, installing, or downloading any material from the Website, or becoming a Member of the Website, a User agrees to be bound by these Terms and Conditions. If a User:

(a)

uses the Website, including where the Website has been amended since they were last logged onto the Website, constitutes their acknowledgment and acceptance of these Terms and Conditions and any amendment thereof; and

(b)

does not agree to be bound by the Terms and Conditions, they may not enter the Website and must exit the Website immediately.

The Services

3.1

Blackbox provides the Services and the User accepts the Services pursuant to the Terms and Conditions.

3.2

The Website is available for you to:

(a)

access conditional on your acceptance without alteration of the Terms and Conditions set out below, including our Policies. By continuing to access the Website you are agreeing to these Terms and Conditions.

(b)

report information about an Escort, which is conditional on your acceptance without alteration of these Terms and Conditions set out below. By continuing to provide information contained in your Report or Reports you are agreeing to these Terms and Conditions related to uploading information regarding any Report to our Website.

Restricted Use

(a)

Except for the limited use permitted under these Terms and Conditions, you may not use the Website, or the material contained on it, for any purpose. This involves:

(i)

the reproduction or distribution of the material in any material form;

(ii)

re-transmission of the material by any medium of communication;

(iii)

uploading or re-posting the material to any other website; and

(iv)

"framing" the material on the Website with other material on any other website,

the above of which are unlawful and are specifically prohibited by these Terms and Conditions.

(b)

Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

(c)

You may not modify or copy:

(i)

the layout of the Website; or

(ii)

any computer software and code contained in the Website.

(d)

Blackbox reserves all intellectual property rights, including, but not limited to, copyright in material or Services provided by us. The material provided on the Website is provided for personal use only and may not be:

(i)

re-sold or re-distributed in any material form, unless permitted under these Terms and Conditions;

(ii)

stored in any storage media; or

(iii)

re-transmitted in any media,

without our prior written consent.

Reporting Services

5.1

By submitting a Report, the Member acknowledges that they are:

(a)

over 18 years of age and will not imply or state that they are under the age of 18 in their Account; and

(b)

the person who met with the Escort

5.2

The Member agrees not to impersonate or pose as any other Member, and that all the information contained in any Report made by the Member and posted on the Website relates to the Member and their experience with the Escort referred to in the said Report and it is correct.

5.3

The Member agrees that if the Member is found, in the opinion of Blackbox acting reasonably, to:

(a)

be using information or material of another User as their own; or

(b)

be reporting on behalf of another User in their place for any reason; or

(c)

be using information or material not owned by them or which, in the opinion of Blackbox, a third party has the expressed right over such information or material; or

(d)

have an interest in another website, business or venture that competes with the Website, the Services or Blackbox; or

(e)

have breached any part of the Terms and Conditions,

the Membership may, in Blackbox’s absolute and unfettered discretion (in addition to all other rights and remedies open to it), be cancelled and any Reports at the time which are published on the W ebsite may be removed.

5.4

A Member agrees it is their responsibility, and not the responsibility of Blackbox, to ensure compliance, and the Member hereby represents and warrants that, in respect to such compliance any Report is compliant with all relevant Local Laws and Classification Laws including but not limited to the:

(a)

Competition and Consumer Act 2010 (Cth);

(b)

Fair Trading Acts in all applicable States and Territories;

(c)

Privacy Act 1988 (Cth) including the Australian Privacy Principles;

(d)

Human Rights and Equal Opportunity Commission Act 1986 (Cth); and

(e)

all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the User resides.

5.5

(a)

A Member understands that any Report they create may not be reviewed and approved by Blackbox before it will be made available to other Users on the Website. If it is brought to the attention of Blackbox that there is any content within a Report that does not comply with the Local Laws or any Policies, Blackbox, at its sole discretion, may remove the Report.

(b)

Blackbox may remove, from any Report, any material or information, including but not limited to links to other websites, at any time without giving any explanation or justification for removing the material or information.

5.6

A Member must not place a link within a Report to any other website.

5.7

A Member consents to receiving electronic communication from Blackbox.

5.8

Blackbox may, in its absolute discretion, terminate a Member’s Membership which breaches any of these Terms and Conditions (and subject to any applicable laws), without notice.

Search for Information Services

6.1

The Member makes a Report on the Website at their own risk.

6.2

Blackbox will provide the Member access to the Services. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Blackbox does not accept responsibility for any errors and omissions which may occur in Report listings and the search function. It is the responsibility of the Member to inform Blackbox of any problems associated with the Report search function.

6.3

The Website is a directory only. Users should satisfy themselves as to the accuracy of Reports. Blackbox is not a party to any Reports made by Members.

6.4

Unless the Account is set otherwise, the User consents to receiving electronic communications from Blackbox, in line with our Privacy Policy.

Obligations of the Member

The Member agrees, represents and warrants that:

(a)

they will not reproduce, adapt, upload or link to any Report they make on the Website;

(b)

they will not under any circumstances pose as any other User;

(c)

they will not use the Website to refer Users to any other reporting directory, dating website or any other website;

(d)

they will uphold the good name and protect the goodwill of Blackbox at all times (the determination of which is solely at Blackbox’s discretion);

(e)

they will conduct themselves in a professional manner at all times;

(f)

they will not make use of the Website for, or encourage, any criminal or illegal activities or any activities which are likely to cause loss, cost, expense or damage to Blackbox;

(g)

they will not interfere with or disrupt the access of other Users of the Website in any way;

(h)

they will not place on the Website any material which is unlawful, defamatory, harassing, abusive, threatening, a malicious falsehood, discriminatory or otherwise objectionable in relation to an Escort;

(i)

all information provided by the Member in a Report is true and accurate in every detail;

(j)

that the material or information provided to the Website, in relation to a Report, does not breach or infringe:

(i)

the rights of any person or corporation under the Competition and Consumer Act or equivalent State legislation;

(ii)

any intellectual property right, including but not limited to, copyright, trade marks, business names, confidential information rights protected by ‘passing off’; and

(iii)

State or Commonwealth privacy legislation or anti-discrimination legislation;

(k)

that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other material that is malicious, or of a destructive nature, or affects the performance or functionality of the Website or the Services.

Subscription and Membership

8.1

To access and use the Services, you must register as a Member. Registration is free. Upon the completion of Registration, the Member will be provided a notification email with the means to access the Website, such as an activation key and password. Registration may include 2FA verification in the Registration process.

8.2

When registering as a Member, you must provide Blackbox with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform Blackbox of any changes to your Account. Blackbox will treat your information strictly in accordance with the Privacy Policy.

8.3

You must not register as a Member more than once.

8.4

You must not impersonate or create an Account for any person other than yourself.

8.5

Blackbox may, if we believe that your Account is false or misleading, at any time request a form of identification to verify your identity.

8.6

You must ensure the security and confidentiality of your Account details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your Membership. You must notify us immediately if you become aware of any unauthorised use of your Membership. You must not permit your Membership to be used by or transferred to any other person.

8.7

Blackbox may require a Member to change its username or password or use a different method of accessing the Website from time to time.

8.8

Blackbox reserves the right to, in our sole discretion, suspend or terminate your Membership or access to all or any part of the Website, including if we believe you are abusing the objectives of the Website in any way, that you have breached these Terms and Conditions or are no longer an active Member.

Powers of Blackbox

9.1

The Member agrees that:

(a)

Blackbox, at its sole and absolute discretion, may refuse without requiring any notice to them, to:

(i)

accept or display any Report or any other content provided by the Member for the Website or otherwise; or

(ii)

allow access to the Website;

(b)

Blackbox may modify these Terms and Conditions, including Policies, without notice to the User and such modifications will apply from the time that they are made. We recommend you check the Website regularly to ensure you are aware of our current terms; and

(c)

if a User has breached these Terms and Conditions, or any relevant Policy, then, in addition to all other rights and remedies available to it at law or equity or under statute, Blackbox may terminate, without notice, the Member’s Membership (where relevant) and access to the Website.

9.2

Members acknowledge that, in addition to the rights afforded to Blackbox under these Terms and Conditions, Blackbox reserves the right to terminate or cancel any Report, without notice to the Member and at Blackbox’s sole and unfettered discretion, if:

(a)

a complaint about the Report is received from an Escort or any third party;

(b)

the Member is asked to provide some form of verification and fails to do so;

(c)

a third party takes any action against Blackbox for any act, omission or negligence on the part of the User;

(d)

in the reasonable view of Blackbox, the Member has engaged in deceptive or misleading conduct;

(e)

in the reasonable view of Blackbox, the Member is bringing Blackbox or the Website into disrepute; and

(f)

in the reasonable view of Blackbox, the User is working for or represents a third party, contrary to these Terms and Conditions.

10.

Representations and Warranties

10.1

The User acknowledges and agrees that Blackbox has not made any representation or given any warranties:

(a)

in relation to the Website; or

(b)

in relation to any information on the Website; or

(c)

in relation to the Services.

10.2

The User acknowledge that Blackbox is not responsible in any way for any actions, omissions or negligence on the part of any User of the Website and that any agreement that may have been made between a Member and an Escort as a direct or indirect result of a Report, is solely and wholly between the Member and the Escort and not, under any circumstances, with Blackbox.

10.3

Blackbox will use its reasonable endeavours to protect all private information of a Member, in accordance with the Privacy Policy.

10.4

Users acknowledge and agree that data transmission over the internet cannot be guaranteed as totally secure. Whilst Blackbox will use its reasonable endeavours to protect such information, Blackbox does not warrant and cannot ensure the security of any information which is transmitted to Blackbox. Accordingly, any information which an User transmits to Blackbox is transmitted at their own risk, including (without limitation) private email addresses and personal information. Blackbox takes reasonable steps to preserve the security of such information, but will not be held responsible if the information or images become public, to the extent permitted by law.

10.5

Subject to clause 10.6, Blackbox gives no warranty as to accuracy, suitability or functionality of the Website or the Services. The User acknowledges that from time to time there may be faults, defects and errors with the Website and they will not hold Blackbox responsible in this regard.

10.6

Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the supply of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights). To the extent that you maintain Consumer Law Rights at law, nothing in these Terms and Conditions excludes those Consumer Law Rights.

10.7

This clause 10 will survive the termination or expiry of these Terms and Conditions.

11.

Liability, Indemnity and Release

11.1

To the extent permitted by law, Blackbox (including its respective officers, employees, sub-contractors and appointed agents) is not responsible or liable whatsoever for:

(a)

cancellation, modification, suspension or delay of the Services;

(b)

the unavailability or inaccessibility of the Services and Website for any reason;

(c)

any consequential or economic loss arising in connection with the Services, the Website and any person agreeing to these Terms and Conditions.

11.2

The User will at all times indemnify and keep indemnified Blackbox, at all times from any claims, demands, losses (direct and indirect), costs (including legal and other professional costs), outgoings and liabilities of any nature, where such loss or liability arose out of or in connection with or in respect of:

(a)

any breach of these Terms and Conditions (including any Policies) by the User; and

(b)

any claim brought by a third party arising from a Report submitted by the User.

11.3

The User releases and discharges Blackbox from, and agrees that Blackbox is not liable for any claims, demands, losses (direct and indirect), costs (including legal and other professional costs), outgoings and liabilities of any nature, arising from anything Blackbox is permitted or required to do under these Terms and Conditions and in the provision of the Services.

11.4

The User acknowledges that certain risks may arise from any contract, agreement or arrangement between an Escort and a Member for the supply of escort or other services including, but not limited to:

(a)

injury;

(b)

death;

(c)

permanent disability;

(d)

sexually transmitted diseases;

(e)

defamation;

(f)

theft;

(g)

rape or other indecent assault;

(h)

harassment;

(i)

stalking;

(j)

bullying;

(k)

suicide; and

(l)

misconduct,

11.5

To the maximum extent permitted by law, the User assumes all responsibility for the Risks and releases and indemnifies Blackbox against any claims, losses, costs and liabilities arising from the Risks.

11.6

Subject to these Terms and Conditions and this clause 11, if Blackbox is found to be liable its liability is limited as set out in clause 11.7.

11.7

To the maximum extent permitted by law or statute, the aggregate liability of Blackbox to the User or any other party who may have a claim against Blackbox in respect of the Website and/or the Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Member for the Services, or where no price has been paid, $100, or the cost of their re-supply, whichever Blackbox elects in its absolute discretion and for a period of thirty (30) days from the event which gave rise to such liability.

11.8

Nothing in this clause limits liability for personal injury or death caused by Blackbox's negligence to the extent such liability cannot be excluded by law.

11.9

This clause 11 survives termination or expiry of these Terms and Conditions.

12.

Links to Other Websites

12.1

Blackbox may from time to time provide on the Website, links to other websites and information on those websites for the Users convenience. This does not imply sponsorship, endorsement, or approval or any arrangement between Blackbox and the owners of those other websites. Blackbox takes no responsibility for any of the content found on any linked websites.

12.2

The Website may contain information provided by third parties for which Blackbox accepts no responsibility whatsoever including, without limitation, for information or advice provided to the User directly by third parties. Blackbox is not responsible for any advice provided to the User in this regard.

13.

Termination

13.1

In addition to all other rights and remedies available to it at law or equity or statute, Blackbox may terminate these Terms and Conditions with a Member as set out in these Terms and Conditions, at any time and without notice.

13.2

In addition to all other rights and remedies available to it at law or equity or statute, upon termination Blackbox will remove the Member’s access to the Website.

13.3

The obligations of the User under any clause of these Terms and Conditions, survive the termination of these Terms and Conditions.

14.

Assignment

14.1

Blackbox may at any time assign all or any of its rights and liabilities arising under these Terms and Conditions.

14.2

A Member 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 Blackbox (which consent may be given or withheld or given subject to conditions in absolute discretion of Blackbox).

15.

Code of Conduct and Policies

Users agree that the Code of Conduct and Policies contained within the Website form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Code of Conduct or Policies, then these Terms and Conditions will prevail to the extent of any inconsistency.

16.

Unforeseen Circumstances

Blackbox will not be responsible for any failure to provide the Services or access to the Website 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, pandemics, 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.

17.

Takedown Requests

17.1

Any individual who is the subject of a Report may submit a request to Blackbox to remove that Report by contacting Blackbox (see Reporting).

17.2

A takedown request must include:

(a)

the individual's full name and contact details;

(b)

sufficient information to identify the Report in question;

(c)

a general overview as to why the Report is false; and

(d)

the grounds on which removal is sought.

17.3

Blackbox will review all takedown requests and may, in its sole discretion, remove a Report where it considers it appropriate to do so. Blackbox is not obliged to remove a Report solely because a request has been made.

17.4

Blackbox will use reasonable endeavours to respond to takedown requests within a reasonable time.

18.

General

18.1

Severability

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 the Terms and Conditions.

18.2

Notices

A party may validly give a notice to another party only by:

(a)

personally serving the notice on the other party (the notice is treated as received at the time of service of the notice); or

(b)

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, as long as the sender has not received a notice that the email was unable to the sent, or delivered.

18.3

Governing law and jurisdiction

The law of Western Australia governs these Terms and Conditions and the User submits to the jurisdiction of the courts of that State to determine any dispute arising out of the Website and these Terms and Conditions

18.4

Waiver

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:

(a)

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

(b)

must be in writing and signed by the party granting the waiver.

18.5

Amendments

(a)

Blackbox reserves the right to amend the Terms and Conditions at any time with or without further notice to you and without giving you any explanation or justification for such change; and

(b)

the User agrees to be bound by the Terms and Conditions as amended.

19.

Definitions and Interpretation

19.1

Definitions

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

Account means the collective and personal information of a Member;

Classification Laws means the respective State and Commonwealth laws which govern the publication of restrictive material;

Competition and Consumer Act means the Competition and Consumer Act 2010 (Cth);

Escort means a person who works as a private escort, or masseur and who offers companionship and time for a fee;

Local Laws means the respective State and Commonwealth laws which govern the provision of escort services, as defined in those laws, in your location;

Member and Membership means a User who has or which has applied for membership by completing and submitting the online membership application, or has proceeded to access the Services and whose membership has not been determined, is suspended or cancelled;

Policies means any policy referred to as a Policy or that has the header ‘Legal’ contained in the footer of the Website under the respective headings;

Registration means the process undertaken on the Website by a User requesting Membership;

Report means any of, or the collective of, information and material, provided by a Member about an Escort and posted on the Website;

Risks has the collective meaning ascribed under clause 11.4;

Services means all of the services provided by Blackbox to a Member pursuant to these Terms and Conditions and include digital and online services to undertake a search for Report listings;

Terms and Conditions means these terms and conditions as amended from time to time by Blackbox, at its sole discretion, and without the requirement of any notice to the User, and which also incorporates the Policies;

User means either of or collectively a client of an Escort or an Escort;

website means www.nationaluglymugs.com.au or such other website or social media platforms operated by Blackbox from time to time from which the Services are provided.

20.2

Interpretation

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

(a)

clause and subclause headings are for reference purposes only;

(b)

the singular includes the plural and vice versa;

(c)

words denoting any gender include all genders;

(d)

reference to a person includes any other entity recognised by law and vice versa;

(e)

where a word or phrase is defined its other grammatical forms have a corresponding meaning;

(f)

any reference to a party to these Terms and Conditions includes its successors and permitted assigns;

(g)

if a party consists of more than one person, these Terms and Conditions binds them jointly and each of them severally;

(h)

any reference to any agreement or document includes that agreement or document as amended at any time;

(i)

the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

(j)

the expression at any time includes reference to past, present and future time and the performance of any action from time to time;

(k)

an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

(l)

an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;

(m)

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;

(n)

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; and

(o)

these Terms and Conditions may not be construed adversely to a party only because that party was responsible for preparing it.

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