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Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

  1. About the Website
    (a) Welcome to http://krissysmithaustralia.com (the ‘Website’). The Website Escort
    and Adult Services (the ‘Services’).
    (b) The Website is operated by Krissy Smith . Access to and use of the Website, or
    any of its associated Products or Services, is provided by Krissy Smith . Please
    read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or
    reading the Website, this signifies that you have read, understood and agree to be
    bound by the Terms. If you do not agree with the Terms, you must cease usage of
    the Website, or any of Services, immediately.
    (c) Krissy Smith reserves the right to review and change any of the Terms by updating
    this page at its sole discretion. When Krissy Smith updates the Terms, it will use
    reasonable endeavours to provide you with notice of updates to the Terms. Any
    changes to the Terms take immediate effect from the date of their publication.
    Before you continue, we recommend you keep a copy of the Terms for your
    records.
  2. That you are an adult of legal age (and at least 18 years old) in your State or Country:
  3. That you are not offended by photographs depicting nudity and sexual situations;
  4. That it legal to receive and view adult images in the locale and country in which you reside;
  5. That you will never make any of the materials on this web site available to minors;
  6. That you will not publish, use or distribute any of the contents of this site in any media without direct permission of the site owner;
  7. All content and photos are related directly to the site owner, any use of the content requires the site owner’s consent. The site owner does not give permission for people to copy content or photos to be used in advertising or on web sites that the site owner hasn’t given the approval to have the content or photos used on. For example – escort directories copying content or photos and posting it on their directory without first gaining site owner’s consent, as the content belongs to the site owner;
  8. If I use these services in violation of the above agreement, I understand I may be in violation of local and/or Commonwealth laws and am solely responsible for my actions;
  9. I understand the standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions;
  10. I will not sell and/or in any way redistribute or use the contents of this site, including text and photos;
  11.  I will in no way, shape or form harass any person(s) or business listed on this site.
  12. Acceptance of the Terms
    (a) You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by Krissy Smith in the user interface.
  13. Registration to use the Services
    (a) In order to access the Services, you must first register for an account through the
    Website (the ‘Account’).
    (b) As part of the registration process, or as part of your continued use of the
    Services, you may be required to provide personal information about yourself
    (such as identification or contact details), including:
    (i) Email address
    (ii) Telephone number
    (c) You warrant that any information you give to Krissy Smith in the course of
    completing the registration process will always be accurate, correct and up to
    date.
    (d) Once you have completed the registration process, you will be a registered
    member of the Website (‘Member’) and agree to be bound by the Terms.
    (e) You may not use the Services and may not accept the Terms if:
    (i) you are not of legal age to form a binding contract with Krissy Smith ; or
    (ii) you are a person barred from receiving the Services under the laws of
    Australia or other countries including the country in which you are resident
    or from which you use the Services.
  14. Your obligations as a Member
    (a) As a Member, you agree to comply with the following:
    (i) you will use the Services only for purposes that are permitted by:
    (A) the Terms; and
    (B) any applicable law, regulation or generally accepted practices or
    guidelines in the relevant jurisdictions;
    (ii) you have the sole responsibility for protecting the confidentiality of your
    password and/or email address. Use of your password by any other person
    may result in the immediate cancellation of the Services;
    (iii) any use of your registration information by any other person, or third
    parties, is strictly prohibited. You agree to immediately notify Krissy Smith of
    any unauthorised use of your password or email address or any breach of
    security of which you have become aware;
    (iv) access and use of the Website is limited, non-transferable and allows for
    the sole use of the Website by you for the purposes of Krissy Smith
    providing the Services;
    (v) you will not use the Services or the Website in connection with any
    commercial endeavours except those that are specifically endorsed or
    approved by the management of Krissy Smith ;
    (vi) you will not use the Services or Website for any illegal and/or unauthorised
    use which includes collecting email addresses of Members by electronic or
    other means for the purpose of sending unsolicited email or unauthorised
    framing of or linking to the Website;
    (vii) you agree that commercial advertisements, affiliate links, and other forms
    of solicitation may be removed from the Website without notice and may
    result in termination of the Services. Appropriate legal action will be taken
    by Krissy Smith for any illegal or unauthorised use of the Website; and
    (viii) you acknowledge and agree that any automated use of the Website or its
    Services is prohibited.
  15. Payment
    (a) Where the option is given to you, you may make payment for the Services (the ‘
    Services Fee’) by way of:
    (i) Electronic funds transfer (‘EFT’) into our nominated bank account
    (ii) Cash (‘Cash’)
    (iii) Beem It
    (b) All payments made in the course of your use of the Services are made using
    Cash, Beem It and Internet Banking. In using the Website, the Services or when
    making any payment in relation to your use of the Services, you warrant that you
    have read, understood and agree to be bound by the Cash, Beem It and Internet
    Banking terms and conditions which are available on their website.
    (c) You acknowledge and agree that where a request for the payment of the Services
    Fee is returned or denied, for whatever reason, by your financial institution or is
    unpaid by you for any other reason, then you are liable for any costs, including
    banking fees and charges, associated with the Services Fee.
    (d) You agree and acknowledge that Krissy Smith can vary the Services Fee at any
    time.
  16. Refund Policy
    Krissy Smith will only provide you with a refund of the Services Fee in the event they are
    unable to continue to provide the Services or if the manager of Krissy Smith makes a
    decision, at its absolute discretion, that it is reasonable to do so under the circumstances
    (the ‘Refund’).
  17. Copyright and Intellectual Property
    (a) The Website, the Services and all of the related products of Krissy Smith are
    subject to copyright. The material on the Website is protected by copyright under
    the laws of Australia and through international treaties. Unless otherwise indicated,
    all rights (including copyright) in the Services and compilation of the Website
    (including but not limited to text, graphics, logos, button icons, video images, audio
    clips, Website, code, scripts, design elements and interactive features) or the
    Services are owned or controlled for these purposes, and are reserved by Krissy
    Smith or its contributors.
    (b) All trademarks, service marks and trade names are owned, registered and/or
    licensed by Krissy Smith , who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a Member to:
    (i) use the Website pursuant to the Terms;
    Krissy Smith does not grant you any other rights whatsoever in relation to the
    Website or the Services. All other rights are expressly reserved by Krissy Smith .
    (ii) copy and store the Website and the material contained in the Website in
    your device’s cache memory; and
    (iii) print pages from the Website for your own personal and non-commercial
    use.
    (c) Krissy Smith retains all rights, title and interest in and to the Website and all
    related Services. Nothing you do on or in relation to the Website will transfer any:
    to you.
    (i) business name, trading name, domain name, trade mark, industrial design,
    patent, registered design or copyright, or
    (ii) a right to use or exploit a business name, trading name, domain name,
    trade mark or industrial design, or
    (iii) a thing, system or process that is the subject of a patent, registered design
    or copyright (or an adaptation or modification of such a thing, system or
    process),
    (d) You may not, without the prior written permission of Krissy Smith and the
    permission of any other relevant rights owners: broadcast, republish, up-load to a
    third party, transmit, post, distribute, show or play in public, adapt or change in any
    way the Services or third party Services for any purpose, unless otherwise
    provided by these Terms. This prohibition does not extend to materials on the
    Website, which are freely available for re-use or are in the public domain.
  18. Privacy
    (a) Krissy Smith takes your privacy seriously and any information provided through
    your use of the Website and/or Services are subject to Krissy Smith ‘s Privacy
    Policy, which is available on the Website.
  19. General Disclaimer
    (a) Nothing in the Terms limits or excludes any guarantees, warranties,
    representations or conditions implied or imposed by law, including the Australian
    Consumer Law (or any liability under them) which by law may not be limited or
    excluded.
    (b) Subject to this clause, and to the extent permitted by law:
    (i) all terms, guarantees, warranties, representations or conditions which are
    not expressly stated in the Terms are excluded; and
    (ii) Krissy Smith will not be liable for any special, indirect or consequential loss
    or damage (unless such loss or damage is reasonably foreseeable
    resulting from our failure to meet an applicable Consumer Guarantee), loss
    of profit or opportunity, or damage to goodwill arising out of or in
    connection with the Services or these Terms (including as a result of not
    being able to use the Services or the late supply of the Services), whether
    at common law, under contract, tort (including negligence), in equity,
    pursuant to statute or otherwise.
    (c) Use of the Website and the Services is at your own risk. Everything on the Website
    and the Services is provided to you “as is” and “as available” without warranty or
    condition of any kind. None of the affiliates, directors, officers, employees, agents,
    contributors and licensors of Krissy Smith make any express or implied
    representation or warranty about the Services or any products or Services
    (including the products or Services of Krissy Smith ) referred to on the Website,
    includes (but is not restricted to) loss or damage you might suffer as a result of
    any of the following:
    (i) failure of performance, error, omission, interruption, deletion, defect, failure
    to correct defects, delay in operation or transmission, computer virus or
    other harmful component, loss of data, communication line failure, unlawful
    third party conduct, or theft, destruction, alteration or unauthorised access
    to records;
    (ii) the accuracy, suitability or currency of any information on the Website, the
    Services, or any of its Services related products (including third party
    material and advertisements on the Website);
    (iii) costs incurred as a result of you using the Website, the Services or any of
    the products of Krissy Smith ; and
    (iv) the Services or operation in respect to links which are provided for your
    convenience.
  20. Limitation of liability
    (a) Krissy Smith ‘s total liability arising out of or in connection with the Services or
    these Terms, however arising, including under contract, tort (including negligence),
    in equity, under statute or otherwise, will not exceed the resupply of the Services
    to you.
    (b) You expressly understand and agree that Krissy Smith , its affiliates, employees,
    agents, contributors and licensors shall not be liable to you for any direct, indirect,
    incidental, special consequential or exemplary damages which may be incurred by
    you, however caused and under any theory of liability. This shall include, but is not
    limited to, any loss of profit (whether incurred directly or indirectly), any loss of
    goodwill or business reputation and any other intangible loss.
  21. Termination of Contract
    (a) The Terms will continue to apply until terminated by either you or by Krissy Smith
    as set out below.
    (b) If you want to terminate the Terms, you may do so by:
    Your notice should be sent, in writing, to Krissy Smith via the ‘Contact Us’ link on
    our homepage.
    (i) not renewing the Subscription prior to the end of the Subscription Period;
    (ii) providing Krissy Smith with 1 days’ notice of your intention to terminate;
    and
    (iii) closing your accounts for all of the services which you use, where Krissy
    Smith has made this option available to you.
    (c) Krissy Smith may at any time, terminate the Terms with you if:
    (i) you do not renew the Subscription at the end of the Subscription Period;
    (ii) you have breached any provision of the Terms or intend to breach any
    provision;
    (iii) Krissy Smith is required to do so by law;
    (iv) the provision of the Services to you by Krissy Smith is, in the opinion of
    Krissy Smith , no longer commercially viable.
    (d) Subject to local applicable laws, Krissy Smith reserves the right to discontinue or
    cancel your membership at any time and may suspend or deny, in its sole
    discretion, your access to all or any portion of the Website or the Services without
    notice if you breach any provision of the Terms or any applicable law or if your
    conduct impacts Krissy Smith ‘s name or reputation or violates the rights of those
    of another party.
  22. Indemnity
    (a) You agree to indemnify Krissy Smith , its affiliates, employees, agents,
    contributors, third party content providers and licensors from and against:
    (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
    damage (including legal fees on a full indemnity basis) incurred, suffered or
    arising out of or in connection with Your Content;
    (ii) any direct or indirect consequences of you accessing, using or transacting
    on the Website or attempts to do so; and/or
    (iii) any breach of the Terms.
  23. Dispute Resolution
    (a) Compulsory:
    If a dispute arises out of or relates to the Terms, either party may not commence
    any Tribunal or Court proceedings in relation to the dispute, unless the following
    clauses have been complied with (except where urgent interlocutory relief is
    sought).
    (b) Notice:
    A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms,
    must give written notice to the other party detailing the nature of the dispute, the
    desired outcome and the action required to settle the Dispute.
    (c) Resolution:
    On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
    (‘Parties’) must:
    (i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute
    expeditiously by negotiation or such other means upon which they may
    mutually agree;
    (ii) If for any reason whatsoever, 7 days after the date of the Notice, the
    Dispute has not been resolved, the Parties must either agree upon
    selection of a mediator or request that an appropriate mediator be
    appointed by the President of the …… or his or her nominee;
    (iii) The Parties are equally liable for the fees and reasonable expenses of a
    mediator and the cost of the venue of the mediation and without limiting the
    foregoing undertake to pay any amounts requested by the mediator as a
    pre-condition to the mediation commencing. The Parties must each pay
    their own costs associated with the mediation;
    (iv) The mediation will be held in ……, Australia.
    (d) Confidential:
    All communications concerning negotiations made by the Parties arising out of and
    in connection with this dispute resolution clause are confidential and to the extent
    possible, must be treated as “without prejudice” negotiations for the purpose of
    applicable laws of evidence.
    (e) Termination of Mediation:
    If 7 have elapsed after the start of a mediation of the Dispute and the Dispute has
    not been resolved, either Party may ask the mediator to terminate the mediation
    and the mediator must do so.
  24. Venue and Jurisdiction
    (a) The Services offered by Krissy Smith is intended to be viewed by residents of
    Australia. In the event of any dispute arising out of or in relation to the Website,
    you agree that the exclusive venue for resolving any dispute shall be in the courts
    of Queensland, Australia.
  25. Governing Law
    (a) The Terms are governed by the laws of Queensland, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way
    relating to the Terms and the rights created hereby shall be governed, interpreted
    and construed by, under and pursuant to the laws of Queensland, Australia,
    without reference to conflict of law principles, notwithstanding mandatory rules.
    The validity of this governing law clause is not contested. The Terms shall be
    binding to the benefit of the parties hereto and their successors and assigns.
  26. Independent Legal Advice
    (a) Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent
    legal advice and declare the Terms are not against public policy on the grounds of
    inequality or bargaining power or general grounds of restraint of trade.
  27. Severance
    (a) If any part of these Terms is found to be void or unenforceable by a Court of
    competent jurisdiction, that part shall be severed and the rest of the Terms shall
    remain in force.