Date most recently updated: 15 July 2020
1 Terms and Conditions
2 FORMATION OF CONTRACT
2.1 By clicking on the button “I Agree” on the Website, a contract is formed between the User and CRGT PTY LIMITED (ABN 16 642 021 163) trading as “Crimson Class” (“Crimson Class”).
3.1 In these terms and conditions, where the context permits, the following terms shall have the following meanings:
“Advertiser” means a person who uses the Website for advertising their Services.
“Advertisement” means an advertisement submitted by an Advertiser for publication on the Website
“Client” means a person who uses the Website to make contact with an Advertiser.
“Photograph” means any image, and includes videos.
“Services” means the escort, sex work or other similar services to be provided by the Advertiser, as referred to in the Advertisements.
“User” means any person who clicks on the button “I agree” on the Website, and includes Advertisers and Clients.
“Website” means the website on which these terms and conditions appear.
4 CRIMSON CLASS SERVICES
4.1 Crimson Class operates the Website for the sole purpose of publishing the Advertisements, to be viewed by Clients.
4.2 Each of the Advertisers must be an individual acting on his or her own behalf, and must personally provide the Services referred to in the Advertisements.
4.3 No Advertiser shall use Advertisements to arrange for the provision of Services by any third party.
4.4 Crimson Class is not the employer, partner, servant or agent of any of the Advertisers, or any of the Clients.
4.5 Crimson Class is not a party to any contract or other arrangement between an Advertiser and a Client. Crimson Classes shall have no liability for any matter arising from any such contract or arrangement.
5.1 Each Advertiser warrants that they are over the age of 18 years.
5.2 All Advertisements submitted to Crimson Class must comply with the following requirements.
5.2.1 Such Advertisements must not contain any material which is unlawful or which is misleading or deceptive.
5.2.2 Such Advertisements must not imply that the Advertiser is under the age of 18 years.
5.3 Crimson Class shall comply with all reasonable requests from Advertisers to amend advertisements, including blurring or pixelating images of their faces. However, Crimson Class shall have the right to refuse any such request made within 45 days of a previous such request.
5.4 Crimson Class shall have the right to require the Advertiser to amend any Advertisement, and shall have the right to reject any Advertisement for any reason, including Crimson Class reasonably believing that such Advertisements, or the Services referred to therein are unlawful.
5.5 If any Advertisement contains recorded music, Crimson Class shall have the right to display the Advertisement without music, unless and until the Advertiser provides evidence to the reasonable satisfaction of Crimson Class that including that music in Advertisements does not breach any copyright of any third party.
5.6 Crimson Class shall have the right to amend the advertisements in such way as it reasonably thinks fit to suit the layout and themes of the Website, including cropping and otherwise manipulating the Photographs, provided that such amendments and manipulation do not make the Advertisements misleading or deceptive.
5.7 The Advertiser grants to Crimson Class a licence to use material contained in Advertisements for promoting the Website and any other website it may operate, including promotion on social media. However, Crimson Class shall comply with any reasonable request from an Advertiser for such material not to appear elsewhere than on the Website. However, the Advertiser acknowledges that search engines and other websites may make copies of material appearing in Advertisements, over which Crimson Class has no control.
6 WARRANTIES BY THE ADVERTISER
6.1 The Advertiser warrants that the provision of any Services referred to in advertisements is not unlawful and that, if the provision of such Services requires any governmental licence or authority, the Advertiser holds such licence or authority.
6.2 The Advertiser warrants that the Advertiser is the owner of the copyright of all material forming part of each Advertisement, including each Photograph, or that the Advertiser has a lawful right to include such material in such Advertisements.
6.3 When submitting Advertisements to Crimson Class, the Advertiser shall provide evidence to the reasonable satisfaction of Crimson Class showing that the Photographs to appear in the Advertisements are genuine, recent Photographs of the Advertiser which have not been manipulated, digitally or otherwise. Such evidence shall include at least one Photograph showing the face and body of the Advertiser. Such evidence shall not form part of Advertisements and shall not be used by Crimson Class for any purpose other than verifying the genuineness of the Photographs to appear in the Advertisements.
7 MISUSE OF ADVERTISEMENTS
7.1 The Advertiser must not use the Advertisements to direct Clients to any other website or to direct Clients to any third party. This does not apply to placing a link in Advertisements to the Advertiser’s personal website, provided that such personal website does not contain links to any other website related to the provision of Services, or otherwise competing with Crimson Class.
7.2 The Advertiser warrants that they have no direct or indirect ownership of or interest in any business which arranges for the provision of Services, or otherwise competes with the Website.
7.3 If an Advertiser breaches any of these terms and conditions, including the preceding provisions of this clause 7, Crimson Class shall have the right to do all or any of the following:
7.3.1 to cease displaying Advertisements of the Advertiser, without refunding any fees already paid by the Advertiser; and
7.3.2 to prohibit the Advertiser from displaying any further Advertisements.
7.4 The Advertiser shall indemnify Crimson Class from any liability resulting directly or indirectly from any breach by the Advertiser of any of these terms and conditions.
8 PAYMENT FOR ADVERTISEMENTS
8.1 Subject to any offer of a free trial period of advertising, Crimson Class shall be required to display Advertisements only for periods for which the Advertiser has paid.
8.2 The fees payable for Advertisements, and the methods for paying such fees are shown on the Payment section of the Website. All such fees are inclusive of Goods and Services Tax, unless otherwise specified on the Website.
8.3 The fees are not deemed to be paid until they are actually received by Crimson Class.
8.4 The fees for renewal of an advertising period must be received by Crimson Class prior to the expiration of the preceding advertising period.
8.5 If an Advertiser request cancellation of an Advertisement, refund of the monies prepaid for an unused advertising period shall be in the discretion of Crimson Class.
9 OBLIGATIONS OF USERS
9.1 All Users warrant that they are over 18 years of age.
9.2 Users shall not make any use of any material appearing on the Website, including Advertisements and Photographs for any purpose other than for Clients to make contact with Advertisers.
9.3 Without limiting the foregoing, Users shall not display any such material, advertisements or Photographs on any other website.
9.4 Users consent to receiving electronic communications from Crimson Class. However, Users may withdraw such consent at any time by written notice to Crimson Class.
9.5 Crimson Class gives no warranties to Users relating to the accuracy of any Advertisements, or any Photographs or other material appearing in such Advertisements.
9.6 Crimson Class has the absolute right to exclude any User, including any Client or Advertiser from using the Website, if Crimson Class believes that such User has breached any of these terms and conditions, or has otherwise acted inappropriately.
10 USE OF THE WEBSITE
10.1 All Users warrant that they are over 18 years of age. All Users use the Website entirely at their own risk.
10.2 Crimson Class gives no warranty as to the Website (including its availability or functioning) or in relation to any information appearing thereon (including the completeness or accuracy thereof) or any use thereof.
10.3 No User shall be entitled to take any legal proceedings against Crimson Class in relation to any use of the Website, any functioning or malfunctioning of the Website or any information or other material appearing on the Website.
10.4 No User shall be entitled to take any legal proceedings against Crimson Class in relation to any contract, agreement or other dealing between an Advertiser and a Client.
10.5 The provisions of clauses 2, 10.3 or 10.4 are subject to any rights of any Users which may not be excluded by law.
11 PROTECTION OF PRIVACY
11.2 Without limiting clause 11.1 Advertisers shall not use any personal information received from or in relation to a Client for any purpose other than arranging the provision of by the Advertiser of Services to such client, and shall not cause or permit the disclosure of any such information to any third party.
11.3 Without limiting clause 11.1 Clients shall not use any personal information received from or in relation to an Advertiser for any purpose other than arranging to obtain Services from such Advertiser, and shall not cause or permit the disclosure of any such information to any third party.
12.1 No Advertiser may assign their rights or obligations under these terms and conditions without the prior written consent of Crimson Class, which it may withhold in its absolute discretion.
12.2 Crimson Class shall have the right to assign its rights and obligations relating to its contract with Users, by notice posted on the Website, without the consent of the Users.
13 APPLICABLE LAW AND JURISDICTION
13.1 This agreement shall be governed by the laws of New South Wales, Australia.
13.2 The parties submit to the jurisdiction of the Courts of New South Wales in relation to any dispute arising under this agreement.
14.1 Any notice required or permitted to be given under this agreement shall be in writing and shall be sent by email transmission, to the party to whom it is addressed at the email address for the party last known to the sender.
14.2 The sender shall have the onus of showing that such email transmission was received by the email service of the recipient.
15.1 In this agreement, unless the context otherwise requires:-
15.2 Expressions indicating the singular number shall be capable of indicating the plural number and vice versa.
15.3 Expressions indicating natural persons shall also be capable of indicating bodies corporate and vice versa.
15.4 Headings shall not form part of this agreement and shall not be relevant to the construction hereof.
15.5 In the event that any of the provisions of this agreement are unenforceable, then the other provisions of this agreement shall remain of full force and effect.