Privacy Statement

This Privacy Statement is as updated at 2nd Feb 2019.

Introduction

Scarlet Blue (a business name owned by Jelo Exuma Pty. Ltd. ACN 166 999 739 under licence Matter and Ghosts Pty Ltd ACN 611 132 533) (“Scarlet Blue”). is firmly committed to protecting the privacy and confidentiality of personal information. Scarlet Blue maintains robust physical, electronic and procedural safeguards to protect personal information in its care. Scarlet Blue is bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth), as well as other applicable laws and codes. By using the Scarlet Blue website(s), you are consenting to Scarlet Blue collecting, using and disclosing your personal information. This information is collected from you for the purposes of:

  • providing you with the Scarlet Blue Services;
  • identifying you;
  • managing and administering the Scarlet Blue Services; and
  • protecting against fraud (or suspected fraud).

The information Scarlet Blue may collect may include your name, address, date of birth, email address and such other information that is considered reasonably necessary. Where possible, Scarlet Blue will collect the personal information directly from you. In some circumstances, however, Scarlet Blue may need to collect this information from a third party. For example, Scarlet Blue may collect, from the provider of a payments platform where your transactions are stored, information about the transactions you undertake. Scarlet Blue may also collect information from other participants in the payments system and other financial institutions in order resolve disputes or errors. If you do not provide some or all of the information requested, Scarlet Blue may be unable to provide you with the requested products and services.

Providing your information to others

Scarlet Blue may provide your information:

  • to another member of its group;
  • to any outsourced service providers;
  • to regulatory bodies, government agencies, law enforcement bodies and courts;
  • to other parties as is authorised or required by law; or
  • to participants in the payments system and other financial institutions for the purpose of resolving disputes, errors or other matters arising out of your use of the prepaid card or third parties using your prepaid card or information stored on your prepaid card.

To facilitate transaction investigation and to assist with identification of suspicious or fraudulent transactions, your personal information and transaction details may be sent to countries other than Australia. As at the date of this document, these countries are likely to include Austria and the United States of America. By using the Scarlet Blue Services, you agree that your personal information and transaction details may be sent overseas.

Digital services

We provide information and services through a range of digital and online services including websites, apps, email, online advertisements, and social media. These services may be operated by us or other group companies to provide you with a personalised use of each of those products and services and provide targeted marketing.

We may use “cookies”. A cookie allows our servers to identify and interact more effectively with you and your device(s). The cookie assists us in maintaining the continuity of your browsing session (e.g. to maintain a shopping cart) and remembering your details and preferences when you return.

Our systems record a variety of information relating to interactions with our website. This information may include the software versions used, device identifiers (e.g. IP addresses), location data (where available and not disabled by the user), dates, times, file metadata, referring website, data entered and user activity ,such as links clicked.

In some cases third parties may use cookies and other technologies such as those described above. These technologies may be used in connection with activities like surveys, online behavioural advertising, website analytics and email campaign management. The services we may use from time to time include Google Analytics, Google Display Network, DoubleClick, Yahoo, Adobe, Campaign Manager and Microsoft. You can find more details in the privacy policies for those services, including information on how to opt-out of certain conduct. You may need to opt-out separately from each service.

The website youronlinechoices.com.au also allows you to opt-out of some online behavioural advertising and provides further information about how online behavioural advertising works. You can contact us to request further details of the services we use. Many of these services operate without collecting or using any personal information.

Our online services may contain links to other sites. We are not responsible for the privacy practices or policies of those sites and recommend that you review their privacy policies.

Accessing your personal information

Subject to the provisions of the Privacy Act 1988 (Cth), you may access any of your personal information at any time by calling Scarlet Blue. Scarlet Blue may charge you a reasonable fee for access. If you can show that information about you is not accurate, complete and up to date, Scarlet Blue will take reasonable steps to ensure it is corrected so that it is accurate, complete and up to date.

There may be circumstances when Scarlet Blue may be unable to provide you with access or to correct your information, in which case Scarlet Blue will provide you with a written reason.

You may contact Scarlet Blue via its website at scarletblue.com.au.

Complaints

If you wish to make a complaint about the way we have handled your personal information (including if you think we have breached the Privacy Act) you may do so by contacting us in writing, by mail or email to the address or email address set out at the end of this Privacy Statement. If a complaint is made, please include contact details such as email address, name, address and telephone number and clearly describe the complaint. We will investigate the complaint and respond promptly. If you consider that we have failed to resolve the complaint satisfactorily, you can contact the Office of the Australian Information Commissioner.

For access and correction enquiries and complaints, please contact us using the contact details provided below.

Anonymity

Where it is lawful and practicable, we will provide you with the option to deal with us and use our services without identifying yourself.

Further information

For further information about our privacy policies or practices please visit our website at https://scarletblue.com.au or contact us by email.

Changes to this privacy statement

From time to time it may be necessary for Scarlet Blue to review and revise this privacy statement. Scarlet Blue reserve the right to change this privacy statement at any time, should this occur the amendment would be posted on the Scarlet Blue website.

To contact us – please email  info@scarletblue.com.au

Copyright and Trade Marks

Unless otherwise indicated, copyright in the material published on this Website (https://scarletblue.com.au) owned by Matter and Ghosts Pty Ltd other than for any material created by any third party not related to it or Jelo Exuma Pty Ltd and which is featured on the website and is subject to claims for copyright as owner or authorised licensee by Matter and Ghosts Pty Ltd and/or Jelo Exuma Pty Ltd and/or any such third party. Reproduction of all or any part of the contents of this Website is prohibited, except to the extent permitted below. The information on this Website (including all clips) may be viewed online only for personal use. No part of the information may be reproduced, adapted, uploaded or linked to or otherwise distributed, copied or used for any commercial purpose whatsoever. If you wish to reproduce or otherwise use any of the information contained in this website, it is your responsibility to obtain approval for such use from the copyright owners or authorised licensees. Any failure to adhere to the above copyright obligations will infringe the intellectual property rights of the owners and/or authorised licensees

The Scarlet Blue website uses under licence various trade marks owned by Matter and Ghosts Pty Ltd including (but not limited to) the word mark “Scarlet Blue” and the Scarlet Blue Logo. From time to time the website may also use other trade marks (registered or unregistered) owned by Matter and Ghosts Pty Ltd or other persons or entities. Unauthorised use of any such trade marks is strictly prohibited. None of those marks may be used in any way without the prior written consent of their owner. Failure to obtain such prior written consent will infringe the trade mark owner’s and trade mark licensees’ rights in the relevant trade mark or marks that will result in commencement of civil action for damages, injunctive relief, costs and any other relief allowed at law or equity or under statute.

Disclaimer

By using the Scarlet Blue’s services, you accept the following conditions:

  1. Scarlet Blue accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through any Scarlet Blue website and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the maximum extent permitted by law or statute, Scarlet Blue excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through any Scarlet Blue website whether or not caused by any negligence on the part of Scarlet Blue or its customers or agents.
  2. Information or materials which are offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through any Scarlet Blue website either as a result of hacking or material placed on linked websites. Scarlet Blue makes no representations as to the suitability of the information accessible for viewing by minors or any other person.
  3. To the maximum extent permitted by law or statute you assume all risks associated with use of any Scarlet Blue website including, without limitation:
    1. the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via any Scarlet Blue website or your access to it; or
    2. the risk that the content of any Scarlet Blue website and linked websites complies with the laws of any country outside Australia.
  4. your use of any Scarlet Blue website may be logged for the purpose of security and usage monitoring.
  5. Unauthorised use of any Scarlet Blue website could result in criminal prosecution.
  6. All of the Scarlet Blue sites are hosted on web servers in the United States and Austria. These terms are governed by the law in the force in the State of Queensland in the Commonwealth of Australia and any dispute about these terms or the contents of any Scarlet Blue website are subject to the exclusive jurisdiction of the courts of the State of Queensland and the courts of appeal from them. By your accessing the Scarlet Blue website you agree to submit to those Courts (as situated in the Central Business District of either Cairns or Brisbane, Queensland at first instance – the exact location is at Scarlet Blue’s discretion – to hear and determine any issue arising out of or touching on these terms and conditions.

Acceptable Usage

These usage guidelines describe the proper kinds of conduct and prohibited uses of Scarlet Blue services (“Scarlet Blue Services”) provided by Scarlet Blue. These usage guidelines are not exhaustive and Scarlet Blue reserves the right to modify them at any time, effective upon posting of the modified usage guidelines to https://www.scarletblue.com.au. By registering for and using the Scarlet Blue Services, and thereby accepting the Scarlet Blue Terms and Conditions, you also agree to abide by these usage guidelines as modified from time to time. Any violation of these usage guidelines may result in the termination of your account in the manner described in the Scarlet Blue terms and conditions.

1. YOUR GENERAL RESPONSIBILITIES

The Scarlet Blue Services enable you to advertise escort services, obtain web design services for escorts and search for information. Generally, Scarlet Blue will not actively monitor, censor, or directly control any use that is made of the Scarlet Blue website, however, Scarlet Blue provides the Scarlet Blue Services with the goals of

1.1. ensuring security, reliability and privacy of the Scarlet Blue Services and the users of the Scarlet Blue Services; 1.2. maintaining an image and reputation of Scarlet Blue as a responsible provider of escort services; and 1.3. encouraging the responsible use of the Scarlet Blue Services and discouraging any degrading, libelous or illegal uses.

Consequently, Scarlet Blue expects you, and all other users of the Scarlet Blue Services, to use them with courtesy and responsibility. Violation of these usage guidelines is strictly prohibited and may result in the immediate termination of the Scarlet Blue Services you receive from Scarlet Blue. You remain solely liable and responsible for your use of the Scarlet Blue Services and any and all content that you display, upload, download or transmit through the use of the Scarlet Blue Services. Indirect or attempted violations of these usage guidelines, and actual or attempted violations by a third party on your behalf, are deemed to be violations of the usage guidelines by you.

2. ILLEGAL OR HARMFUL USE

You may use the Scarlet Blue Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited. Scarlet Blue reserves the right, at its sole discretion, to restrict or prohibit any and all uses of the Scarlet Blue Services or content in your advertisements and to remove any materials from its servers as it considers at its sole discretion to be harmful to its servers, systems, network, reputation, good will, other Scarlet Blue customers, or any third party. Examples of such material include, without limitation, any material that falls within the following categories:

Infringement

Material which is an infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, rights to keep information confidential, or other intellectual property rights used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.

Offensive Materials

Material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Harmful Content

Material which constitutes the dissemination or hosting of harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.

Fraudulent Conduct

Material which offers or disseminates fraudulent goods, services, schemes, or promotions (for example and without limitation, make money fast schemes, chain letters, pyramid schemes), or the furnishing of false data on any signup forms, contracts or online applications or registrations, or the fraudulent use of any information obtained through the use of the Scarlet Blue Services, including, without limitation, the use of credit card numbers.

3. SYSTEM AND NETWORK SECURITY AND INTEGRITY

Violations of Scarlet Blue’s or any third party’s server, system or network security through the use of the Scarlet Blue Services are prohibited, and may result in criminal and civil liability. Scarlet Blue may, at its sole discretion, investigate incidents involving such violations. Scarlet Blue may involve and cooperate with any law enforcement agency if a criminal violation is reasonably suspected. Examples of server, system or network security violations include, without limitation, the following:

Hacking

Unauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.

Interception

Unauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.

Intentional Interference

Interference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also includes, without limitation, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user ’s terminal session, via any means, locally or by the Internet.

Falsification of Origin

Forging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers.

Avoiding System Restrictions

Using manual or electronic means to avoid any use limitations placed on the Scarlet Blue Services such as timing out.

Failure to Safeguard Accounts

Failing to prevent unauthorized access to accounts, including any account passwords.

4. E-MAIL

You may not distribute, publish, or send any of the following types of e-mail:

4.1. Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. 4.2. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. 4.3 Harassing e-mail, whether through language, frequency, or size of messages. 4.4. Chain letters. 4.5. Malicious e-mail, including without limitation “mailbombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses). 4.6. E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.

In addition, you may not use Scarlet Blue’s mail server or another website’s mail server to relay mail without the express permission of the account holder or the website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.

TERMS AND CONDITIONS

PART A – INTRODUCTION

1.                 AGREEMENT TO THESE TERMS AND CONDITIONS

1.1.              Every Advertiser who submits a request for advertising on, and every User who accesses, this agrees to these Terms and Conditions (which are deemed to include each of the Privacy Statement, Copyright and Trade Marks, Disclaimer, and Acceptable Usage sections all as modified from time to time for the Scarlet Blue website).

1.2.           By accessing, using, printing, installing, or downloading any material from the Website, or becoming a member of the Website, Advertisers and Users agree to be bound by these Terms and Conditions (as amended from time to time by Scarlet Blue, at its sole discretion and without the requirement of any notice to the Advertiser or User). Their use of the Website at any time and particularly after any such changes are implemented, constitutes their acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time. If the Advertiser or User does not agree to be bound by these Terms and Conditions, they may not enter the Website; they must exit the Website immediately and they may not use or access the Website or print or download any materials from it.

2.                 SCARLET BLUE SERVICES

Scarlet Blue provides digital and online services to advertise escort services including websites, apps, email and social media and provides web design services to its Advertisers (the “Scarlet Blue Services”).

PART B – ADVERTISER

3.                 ADVERTISING SERVICES

3.1.             By submitting an advertisement with Scarlet Blue, the Advertiser acknowledges that:

3.1.1.        they are over 18 years of age and will not imply that they are under the age of 18;

3.1.2.        they are independent and not working for or associated with any escort agency; and

3.1.3.        they are the legal owner of any information and material (including photographs) submitted to and posted on the Website and no other third party has a right to such information and material.

3.2.             The Advertiser agrees not to impersonate or pose as any other person, and that all information and or material including photographs submitted to and posted on the Website relates to the Advertiser alone. The Advertiser will not under any circumstances send another person in their place for any appointment.  The Advertiser will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the Advertiser’s own personal website).

3.3.          Whilst the Advertiser advertises on the Website they, or any Related Entity or Related Party or Associated Entity (as each of those terms are defined in the Corporations Act 2001 (Cth)) must not have an interest in another website, business or venture that competes with the Website, the Scarlet Blue Services or Scarlet Blue.

3.4.             The Advertiser agrees that if the Advertiser is found, in the opinion of Scarlet Blue acting reasonably, to:

3.4.1.          be using the photos or advertising material of another person as their own; or

3.4.2.          be an escort agency posing as an independent escort; or

3.4.3.          be sending another person in their place for any appointment; or

3.4.4.          be using the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website); or

3.4.5.       be using photographs, information and material not owned by them or which in Scarlet Blue’s opinion a third party has expressed a right over such photographs, information and material; or

3.4.6.          have an interest in another website, business or venture that competes with the Website, the Scarlet Blue Services or Scarlet Blue; or

3.4.7.          have breached any of these terms and conditions,

the Advertiser’s subscription may, in Scarlet Blue’s absolute and unfettered discretion (in addition to all other rights and remedies open to it), be cancelled without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.

3.5.           The Advertiser authorises and consents to Scarlet Blue publishing the Advertiser’s supplied photographs and information on the Website, and any other website Scarlet Blue manages in order to promote the Scarlet Blue Services, including on any social media platform and grants Scarlet Blue a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the photographs and information in any form or medium, including print, online or other. The Advertiser warrants that it is authorised to grant Scarlet Blue the licence in this clause.

3.6.             Scarlet Blue reserves the right to crop the Advertiser’s images if they do not fit with the Website layout, or to improve the Advertiser’s listing and the Advertiser authorises such amendment.

3.7.             Subject to clause 3.6 , Scarlet Blue will publish images online in the manner they are received from the Advertiser, unless notified by the Advertiser in writing via email to do otherwise.  If the Advertiser requires their images to be cropped or blurred the Advertiser must notify Scarlet Blue at the time of providing these images.

3.8.             The Advertiser agrees it is their sole responsibility and not the responsibility of Scarlet Blue to ensure that and the Advertiser hereby warrants that:

3.8.1.        their advertisement is compliant with all relevant Australian State, Territory and Federal laws and laws of any other country in which the Advertiser advertises, or provides, escort or sex work services, including States, Territories and countries that the Advertiser is touring in, including but not limited to the:

3.8.1.1.     Competition and Consumer Act 2010 (Cth);

3.8.1.2.        Fair Trading Acts in all applicable States and Territories;

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

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

3.8.1.5.        all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the Advertiser does business; and

3.8.1.6.        all legislation applicable to the advertising of escort or sex work services.

3.8.2.        they hold all consents, licences and approvals, necessary to lawfully advertise, and provide, escort or sex work services in any place, whether inside or outside Australia, where they so advertise or provide such services.

and the Advertiser releases and indemnifies Scarlet Blue in this regard

3.9.             The Advertiser understands that their advertisement will be reviewed and approved by Scarlet Blue before it will be displayed online. If Scarlet Blue finds there is any content that does not comply with State, Territory or Federal laws, Scarlet Blue will ask the Advertiser to amend this content before the Advertiser’s advertisement is approved. Without limiting any other rights and remedies available to Scarlet Blue at law or equity or statute or under these terms and conditions, if the Advertiser does not comply with any reasonable request from Scarlet Blue in that regard (the determination of which is solely at Scarlet Blue’s discretion) Scarlet Blue may in its sole discretion refuse to accept any such advertisement or, if any such advertisement is already on the website, to remove that advertisement forthwith without being liable to pay any compensation or damages or costs or interest of any sort to the Advertiser.

3.10.          The Advertiser will not place a link to any other advertising portal or directory on the Website.

3.11.          The Advertiser consents to receiving electronic communication from Scarlet Blue.

3.12.     The Advertiser’s acceptance of these Terms and Conditions also constitutes the Advertiser’s acceptance of the Scarlet Blue Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.

3.13.          All advertisements must be pre-paid, with the funds cleared in Scarlet Blue’s bank account before an advertisement can be displayed on the Website.

3.14.          The advertising period will commence at the time and date on which payment is received.

3.15.          If Scarlet Blue decides, in its absolute discretion, to give the Advertiser a free period of advertising, the Advertiser will be notified of the commencement and finish dates of the free period.

3.16.          Scarlet Blue may decide, in its absolute discretion, to allow the Advertiser to pause advertising.  Any advertising fees which have been pre-paid may be held as a credit for use at a later date but these credits must be used within ninety (90) days of the pause being initiated.  Any advertising credit not used within ninety (90) days will expire and (subject to applicable laws) no refund will be given.

3.17.          Scarlet Blue may, in its absolute discretion, terminate any advertising and subscription which breaches any of these Terms and Conditions or where the Advertiser breaches any of these Terms or Conditions (and subject to any applicable laws), without refund.

3.18.          Scarlet Blue may, in its absolute discretion, decline any regular request by an Advertiser of image changes if the requests are on a frequent basis. The acceptable time frame for image changes will be determined by Scarlet Blue in its sole discretion.  Without limiting the foregoing, changes to the City Slider image may be declined if they are requested more than once every three (3) months.

3.19.          Scarlet Blue understands that there may be slight differences between an Advertiser’s profile images and the Advertiser in real life, due to photographic techniques used as well as flattering lighting and angles. Image verification is not compulsory, however if a complaint is received about image authenticity then the Advertiser’s images must be verified as per the Scarlet Blue image verification process.  More details for this process may be obtained from Scarlet Blue upon request.   Scarlet Blue may, at its absolute discretion, immediately suspend any Advertiser’s website profile unless and until it is satisfied that the image verification has been, in Scarlet Blue’s sole opinion, satisfactorily completed.

3.20.        If the Advertiser is found to have images that are outdated and no longer represent the way the Advertiser looks, Scarlet Blue, in its absolute discretion, may ask for replacement images that are current and the Advertiser must supply them or Scarlet Blue may cancel the Advertiser’s subscription.

3.21.          The Advertiser is under no obligation or requirement to agree to these Terms and Conditions but in the event the Advertiser is unwilling or unable to agree with these Terms and Conditions Scarlet Blue is unable to provide the Scarlet Blue Services and advertising services to the Advertiser.

4.                 WEB DESIGN SERVICES

4.1.         The Advertiser hereby gives authority for Scarlet Blue and its agents, employees and representatives to upload and publish the Advertiser’s supplied photographs for the purpose of the Advertiser’s personal website advertising.

4.2.             The Advertiser agrees that the Advertiser’s personal website content and any changes to this content is the Advertiser’s sole responsibility.

4.3.             The Advertiser agrees that Scarlet Blue retains legal and intellectual property rights in all designs or graphics created by Scarlet Blue.

4.4.             The Advertiser agrees that the Scarlet Blue logo forms part of the website design and is not to be removed.

4.5.             The Advertiser agrees that the standard Scarlet Blue website design is the same look and functionality as the theme the Advertiser has selected when placing their order. If the Advertiser wishes to customise the website to make it look or function in a different way to the selected theme, or add extra pages, this must be requested in writing with details of the customisation, and Scarlet Blue will supply a quote for these changes. The Advertiser will enter into a work order with Scarlet Blue before it makes such changes or customisation.

4.6.             Scarlet Blue is the super administrator of all websites it designs. If the Advertiser passes the administrative login to a third party (such as another web designer) Scarlet Blue will no longer be responsible or offer technical support for the website.

4.7.             In addition to all other rights and remedies available to Scarlet Blue at law, equity, statute or under these terms and conditions, Scarlet Blue reserves the right to make changes to the Advertiser’s website if it is no longer compliant with these Terms and Conditions and the website is hosted by Scarlet Blue.

5.                 SEARCH FOR INFORMATION SERVICES

5.1.             The Advertiser advertises on the Website at their own risk.

5.2.             Scarlet Blue provides the search for information services as part of the Scarlet Blue Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Scarlet Blue cannot accept responsibility for such errors and omissions but invites Advertisers to inform it if any are discovered.

5.3.         Scarlet Blue is not responsible for, and expressly disclaims all liability for, damages of any kind arising from transactions that are instigated because of the Advertiser advertising or using the Website.

5.4.        Scarlet Blue recommends Advertisers use only personal computers and personal email addresses when accessing and using the site as Scarlet Blue will send emails and advertising material to the Advertiser which the Advertiser may find to be of a sensitive or personal nature.

5.5.             Without limiting clause 5.3 , Scarlet Blue will not be responsible for any monies lost by Advertisers in respect of transactions that are instigated because of such advertisements or use of the Website. Scarlet Blue recommends that Advertisers express caution when accepting any pre-payments or deposits from any Users.

6.                 OBLIGATIONS OF THE ADVERTISER

The Advertiser acknowledges, covenants and warrants that:

6.1.            they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Scarlet Blue (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;

6.2.             they are independent and not working for or associated with any escort agency;

6.3.             they will not under any circumstances pose as any other person or send another person in their place for any appointment;

6.4.         they own all intellectual property in, or are legally authorised to use and distribute, any photographs, videos, music and any other advertising material of any description submitted to Scarlet Blue and have free and unfettered right to use and distribute such photographs, videos, music and any such other advertising material;

6.5.             they will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website);

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

6.7.             they will conduct themselves in a professional manner at all times and comply with their obligations under these Terms and Conditions;

6.8.             they will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Scarlet Blue;

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

6.10.        they will not place on the Website any material which is unlawful, harassing, libellous, abusive, threatening, harmful, discriminatory or otherwise objectionable of any kind (including any third party intellectual property, without the consent of the owner of that third party intellectual property);

6.11.          all information provided by the Advertiser to Scarlet Blue (including any images which relates to the Advertiser in any way) is true and accurate in every detail and all required consents for its disclosure have been obtained by the Advertiser;

6.12.          that the publication of their photographs and advertising material does not breach or infringe:

6.12.1.     the Competition and Consumer Act (Cth) or equivalent State legislation;

6.12.2.     any copyright, trade mark, obligation of confidentiality or other personal or proprietary right including intellectual property rights;

6.12.3.     any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

6.12.4.     State or Commonwealth privacy legislation or anti-discrimination legislation; or

6.12.5.     any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory); and

6.13.          that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

7.                 PAYMENT OF THE FEES

The Advertiser agrees to pay the Fees in the following manner for obtaining Scarlet Blue Services:

7.1.             General

7.1.1.        In order to access the Website, the Advertiser must pay the Fees shown in the member pages of the Website, once the Advertiser has registered on the Website as a member and logged on to the member’s area of the Website.

7.1.2.        All Fees are due and payable in accordance with the requirements of each Scarlet Blue Services (as set out from time to time on the Website).

7.1.3.        Pre-payments are encouraged from Advertisers and attractive discounts are available for such pre-payments (as set out from time to time on the Website).

7.1.4.        Payments will not be treated as received or paid until they have actually been received by Scarlet Blue.

7.2.             Payment Methods

7.2.1.        Payment methods are by BPAY or direct bank transfer to Scarlet Blue’s nominated bank account.

7.2.2.        For payments by direct deposit into the Scarlet Blue nominated bank account, one renewal notification will be sent to the Advertiser by email.

7.2.3.       Email notifications will be sent three (3) days prior to the payment due date. To ensure uninterrupted advertising on the Scarlet Blue Website, the Advertiser must make payment by no later than 48 hours after the due date.

7.2.4.        If payment is not received within 48 hours after the expiry date of the current advertising period, Scarlet Blue reserves the right to suspend the Advertiser’s advertising until payment is received.

7.3.             Refunds

7.3.1.        Subject to the requirements of any applicable laws:

7.3.1.1.    refunds are made at the absolute discretion of Scarlet Blue; and

7.3.1.2.    in the case of pre-payments, as the Advertiser will have already received a discount for making a pre-payment, no further refund will be available to the Advertiser if the Advertiser changes their mind about using the Scarlet Blue Services prior to the end of the period for which the Advertiser has made a pre-payment.

7.3.2.        Refunds will be processed promptly and payment made by direct deposit to the Advertiser’s nominated account. Refund payments may take up to seven (7) business days to be received.

8.                 INTEREST ON OVERDUE PAYMENTS

The Advertiser must pay on demand interest on any money due but unpaid by the Advertiser to Scarlet Blue. Interest is payable at the Default Interest Rate and is to be computed on daily rests from the due date for payment of the money until payment of that money is received by Scarlet Blue in full. Interest not paid when due is to be capitalised at monthly intervals.

9.                 GST

9.1.             Unless stated otherwise all of the Fees are inclusive of GST.

9.2.             Subject to clause 9.1 , if any payment made by one party to any other party under or relating to these Terms and Conditions constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will subject to the receipt by the payer of a tax invoice in the prescribed form be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply.

10.              SOCIAL MEDIA

10.1.        Subject to clause 10.2 , the Advertiser, when they initially sign up for the Scarlet Blue Services, will be automatically promoted via social media platforms (as selected by Scarlet Blue, at its sole discretion, from time to time). Such social media may include Twitter and Facebook.

10.2.       All new Advertisers will receive a welcome email, which will provide them with the ability to elect not to be promoted via social media.  This can be achieved by the Advertisers logging into their member profile and selecting “No” to the various social media platforms that may be used by Scarlet Blue to promote Advertisers (including, without limitation, Twitter and Facebook).

10.3.          If the Advertiser selects “Yes” to being promoted  via any social media platforms, the Advertiser agrees and understands that due to the nature of social media and the volume of posts, there may be old Tweets and Facebook posts that remain in the timeline, and can be found in future by search engines.

10.4.          If the Advertiser decides not to be promoted on social media in the future, or if the Advertiser’s Scarlet Blue advertising is terminated, the Advertiser agrees and understands that previous social media posts will remain online, and will not be automatically deleted by Scarlet Blue.

10.5.          If the Advertiser wishes to have previous social media posts deleted, the Advertiser must provide the direct links of all of these posts to Scarlet Blue. Scarlet Blue will not be responsible for any social media posts that are not removed. The Advertiser acknowledges that Scarlet Blue will not use any tools such as URL removal tools in this regard.

11.              THIRD PARTY SEARCH ENGINES

11.1.          If the Advertiser’s subscription is cancelled, terminated or expires Scarlet Blue will remove the Advertiser’s content from the Website after the cancellation, termination or expiration.

11.2.          The Advertiser acknowledges that notwithstanding the cancellation, termination or expiration of the Advertiser’s subscription the Advertiser’s content on the Website may still be viewable on the Website and third party search engines (notwithstanding its removal from the Website) and Scarlet Blue is not responsible for such content being visible and indexed by third party search engines. The Advertiser acknowledges that Scarlet Blue will not use any tools such as URL removal tools in this regard.

PART C – USER

12.              SEARCH FOR INFORMATION SERVICES

12.1.          The User searches and uses the Website at their own risk.

12.2.          Scarlet Blue provides the search for information services as part of the Scarlet Blue Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Scarlet Blue cannot accept responsibility for such errors and omissions but invites Users to inform it if any are discovered.

12.3.        To the maximum extent permitted by law or statute, Scarlet Blue is not responsible for, and expressly disclaims all liability for, damages or loss of any kind arising from any form of use of the website including but not limited to use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.

12.4.          The Website is a directory only and Users should satisfy themselves as to the accuracy of the advertisement and the legitimacy, suitability and qualification of the Advertiser.

12.5.          Without limiting clause 12.3, Scarlet Blue will not be responsible for any monies lost by Users in respect of transactions that are instigated because of such advertisements or use of the Website. Scarlet Blue recommends that Users express caution when making any pre-payments or deposits to any Advertisers.

12.6.       Scarlet Blue recommends Users use only personal computers and personal email addresses when accessing and using the Website as Scarlet Blue will send emails and advertising material to the User which the User may find to be of a sensitive or personal nature.

12.7.          The User consents to receiving electronic communication from Scarlet Blue.

12.8.          The Users’ acceptance of these Terms and Conditions also constitute the User’s acceptance of the Scarlet Blue Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.

12.9.       The User is under no obligation or requirement to agree to these Terms and Conditions but in the event the User is unwilling or unable to agree with these Terms and Conditions, Scarlet Blue is unable to provide the Scarlet Blue Services.

13.              OBLIGATIONS OF THE USER

The User acknowledges, covenants and warrants that:

13.1.         they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Scarlet Blue (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;

13.2.          they will comply with their obligations under these Terms and Conditions;

13.3.          they will not use the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Scarlet Blue;

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

13.5.          they will observe and be bound by the Acceptable Usage Rules;

13.6.          it is their sole responsibility and not the responsibility of Scarlet Blue to ensure that they comply with all laws relevant to the engagement of escort or sex work services in the place where they engage such services, whether inside or outside Australia; and

13.7.          they release and discharge Scarlet Blue from all liability for damages or loss of any kind arising out of use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.

PART D – IMAGE VERIFICATION

14.              IMAGE VERIFICATION

The Advertisers and Users acknowledge that:

14.1.          Scarlet Blue provides an optional image verification procedure. Advertisers who opt to take part in image verification must supply a verification photo. The verification photo must show identifying features which match the Advertiser’s profile photos.  Advertisers must not under any circumstances provide false or misleading information as part of the image verification service;

14.2.          some of the identifying features Scarlet Blue may use are any or all of the following (without limitation):

14.2.1.     a photo showing matching clothing or lingerie from the Advertiser’s photo shoot;

14.2.2.     a photo showing the Advertiser’s facial features;

14.2.3.     a photo showing the Advertiser’s body which matches the style of the body in the Advertiser’s profile images; and

14.2.4.     a photo showing matching features such as tattoos;

14.3.          Scarlet Blue will only mark a profile with the “Photos Verified” seal, if Scarlet Blue is satisfied (in its absolute and sole discretion) that the verification image supplied by the Advertiser closely matches the images in the Advertiser’s profile;

14.4.          although Scarlet Blue uses all reasonable means available to Scarlet Blue to verify an Advertiser’s photos, Scarlet Blue does not warrant or represent that the image is true and correct;

14.5.         Scarlet Blue does not warrant or represent, and provides  no guarantee, that the Advertiser that a User meets in person is the same person as that shown in the Advertiser’s profile images, and all Users must make their own judgment and enquiries about whether or not to proceed with any booking; and

14.6.          image verification only reflects Scarlet Blue’s reasonable opinion (after making all reasonable enquiries) that the images in the Advertiser’s  profile are that of the Advertiser, and Scarlet Blue will not be responsible or liable if the images are not those of the Advertiser.

PART E – GENERAL

15.              POWERS OF SCARLET BLUE

15.1.          Advertisers and Users generally

The Advertiser and the User agree that:

15.1.1.     Scarlet Blue at its sole and absolute discretion may refuse, without requiring any notice to them:

15.1.1.1. to accept or display any advertisement or any other content provided by the Advertiser for the Website or otherwise; or

15.1.1.2. to allow the User to access the Website.

15.1.2.     Scarlet Blue may modify the Website or any Scarlet Blue Service (including, without limitation, the Fees payable from time to time) in any way, without notice to the Advertiser or the User.

15.1.3.     Scarlet Blue may modify these Terms and Conditions without notice to the Advertiser or User and such modifications will apply from the time that they are made.

15.1.4.     Upon payment of the Fees, the Advertiser will be provided by Scarlet Blue via the Website, or by email, with the means to access the Website, such as an activation key and password.

15.1.5.     Scarlet Blue may require an Advertiser to change its user name or password or use a different method of accessing the Website from time to time.

15.1.6.     If an Advertiser or User has breached these Terms and Conditions, the Acceptable Usage Policy or any other relevant documents governing the relationship between Scarlet Blue and the Advertiser or the User, then, in addition to all other rights and remedies available to it at law or equity or under statute, Scarlet Blue may terminate, without notice, the Advertiser’s or User’s  membership/subscription to the Website.

15.2.          Advertisers

In addition to the rights of Scarlet Blue under clause 3, Scarlet Blue reserves the right to terminate or cancel any advertising, without notice to the Advertiser and at Scarlet Blue’s sole and unfettered discretion, where:

15.2.1.     a complaint about the Advertiser is received from any third party;

15.2.2.     if the Advertiser is asked to provide image verification and fails to do so, or the image verification fails;

15.2.3.     if a third party takes any action against Scarlet Blue for any act, omission or negligence on the part of the Advertiser (including but not limited to sending another person in their place to any appointment or providing deceptive or misleading images of the Advertiser to Scarlet Blue);

15.2.4.     if, in the reasonable view of Scarlet Blue, the Advertiser has engaged in deceptive or misleading advertising or conduct;

15.2.5.     if, in the reasonable view of Scarlet Blue, the Advertiser is bringing  Scarlet Blue or the Website into disrepute;

15.2.6.     if, in the reasonable view of Scarlet Blue, the Advertiser is working for or represents an escort agency;

15.2.7.     if the Advertiser’s images are found on the website of an escort agency; or

15.2.8.     if the Advertiser’s images are found on any third party website, or in the reasonable view of Scarlet Blue, the ownership of any image is in doubt.

15.3.          Scarlet Blue’s powers in respect of music or other audio content in advertisements

15.3.1.     If an Advertiser submits any advertisement for possible publication on the Website and that advertisement contains music (whether with or without lyrics) or any other form of audio content that has been created or is owned by a person or entity other than the Advertiser, then, when submitting the proposed advertisement or otherwise immediately on demand by Scarlet Blue, the Advertiser must also submit proof to Scarlet Blue’s satisfaction (the determination of which is at its sole discretion) that the Advertiser has lawfully obtained a licence to use that from the Australian Performing Rights Association (“APRA”) or any other industry licensing Association that Scarlet Blue may from time to time determine to be acceptable to it.

15.3.2.  On its receiving any advertisement containing any music or other audio content, the advertisement will be placed into moderation before it is approved by Scarlet Blue and published online.

15.3.3.     All videos comprising any part of any advertisement submitted to Scarlet Blue will be muted by default until approval is given by Scarlet Blue to their being published online.

16.              REPRESENTATIONS, WARRANTIES AND NEGATIVE WARRANTIES

16.1.          The Advertiser and the User acknowledge and agree that Scarlet Blue has not made any representation or given any warranties:

16.1.1.     in relation to the Website; or

16.1.2.     in relation to the training materials and other services provided by Scarlet Blue via the Website or otherwise; or

16.1.3.     the Scarlet Blue Services.

16.2.          The Advertiser and the User and any other third party acknowledge that Scarlet Blue is not responsible in any way for any actions, omissions or negligence on the part of any Advertiser and Users of the Website and that any contract formed between Advertisers and Users as a direct or indirect result of the provision of Scarlet Blue Services, is solely and wholly between the Advertiser and User and not, under any circumstances, with Scarlet Blue.

16.3.          Scarlet Blue will use its reasonable endeavours to protect all private information of the Advertiser and Users of the Website.

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

16.5.          Scarlet Blue gives no warranty as to accuracy, suitability or functionality of the Website or the Scarlet Blue Services. The Advertiser and User acknowledge that from time to time there may be faults, defects and errors with the Website and they must not hold Scarlet Blue responsible in this regard. If they become aware of such faults, defects or errors they must inform Scarlet Blue.

17.              LIABILITY, INDEMNITY AND RELEASE

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

17.1.1.     cancellation, modification, suspension or delay of the Scarlet Blue Services;

17.1.2.     the unavailability or inaccessibility of the Scarlet Blue Services and Website for any reason;

17.1.3.    any loss suffered or sustained to a person or property, including but not limited to consequential (including economic) loss, by reason of any act or omission, deliberate or negligent by Scarlet Blue or its servants or agents in connection with the Scarlet Blue Services, the Website and any person agreeing to these Terms and Conditions.

17.2.          The Advertiser and the User indemnify and keep indemnified Scarlet Blue, its officers, employees, sub-contractors and agents on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal costs (including but not limited to its own legal costs on a solicitor and own client basis) which Scarlet Blue pays, suffers or incurs or is liable for in respect of:

17.2.1.     any negligent act or omission of the Advertiser or User, including (without limitation), sharing their user name and password with any other third parties;

17.2.2.     any act or omission of the Advertiser or User which is intended to cause damage in any way to Scarlet Blue knowingly or unknowingly;

17.2.3.     any breach of these Terms and Conditions;

17.2.4.     the failure to comply with these Terms and Conditions; and

17.2.5.     Scarlet Blue doing anything which the Advertiser or User must do under these Terms and Conditions but has not done or which Scarlet Blue considers has not done properly.

17.3.          The Advertiser and the User release Scarlet Blue from, and agree that Scarlet Blue is not liable for any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from anything Scarlet Blue is permitted or required to do under these Terms and Conditions.

17.4.          Advertisers and Users acknowledge that certain risks might arise from any contract, agreement or arrangement between an Advertiser and a User for the supply of escort or other services including, but not limited to:

17.4.1.     injury;

17.4.2.     death;

17.4.3.     permanent disability;

17.4.4.     sexually transmitted diseases;

17.4.5.     defamation;

17.4.6.     theft;

17.4.7.     rape or other indecent assault;

17.4.8.     harassment;

17.4.9.     stalking;

17.4.10.  bullying;

17.4.11.  suicide;

17.4.12.  misconduct,

(“the Risks”).

17.5.          Advertisers and Users acknowledge and accept that they assume all responsibility and liability for the Risks, and release Scarlet Blue from, and indemnify Scarlet Blue against, any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (including but not limited to its own legal costs on a solicitor and own client basis), arising from the Risks.

17.6.          Subject to these Terms and Conditions and this clause 17, if Scarlet Blue is found to be liable its liability is limited as set out in clause 17.7.

17.7.          To the maximum extent permitted by law or statute, the aggregate liability of Scarlet Blue to the Advertiser or User or any other party who may have a claim against Scarlet Blue in respect of the Website and/or Scarlet Blue Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Advertiser or User (if any) for the Scarlet Blue Services or the cost of their re-supply, whichever Scarlet Blue elects in its absolute discretion and for a period of 30 days from the event which gave rise to such liability.

18.              DISCLAIMER

18.1.          Scarlet Blue gives no warranty or representation in relation to the supply of the Scarlet Blue Services and the Advertiser and User acknowledge that they have not relied on any representation or warranty made by or on behalf of Scarlet Blue in relation to the Scarlet Blue Services.

18.2.          Any warranties or conditions implied by law, either by statutory instrument or otherwise in respect of Scarlet Blue or the Scarlet Blue Services, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.

18.3.         The Advertiser and the User acknowledge that they have undertaken their own inspections and made independent enquiries in reaching any decision to purchase the Scarlet Blue Services pursuant to these Terms and Conditions.

18.4.          The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give the Advertisers and Users other legal rights.  If they apply to the Scarlet Blue Services the Advertiser and User acknowledge that they cannot be modified or excluded by any contract.  Nothing in these Terms and Conditions generally affects their rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.

19.              LINKS TO OTHER WEBSITES

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

19.2.          The Website may contain information provided by third parties for which Scarlet Blue accepts no responsibility whatsoever including, without limitation, for information or advice provided to the Advertiser or User directly by third parties. Scarlet Blue is making a ‘recommendation’ only and are not providing any advice and Scarlet Blue is not responsible for any advice received in this regard.

20.              TERMINATION

20.1.          In addition to all other rights and remedies available to it at law or equity or statute, Scarlet Blue may terminate the agreement with the Advertiser as set out in these Terms and Conditions at any time without notice.

20.2.          In addition to all other rights and remedies available to it at law or equity or statute, upon termination:

20.2.1.     Scarlet Blue will remove the Advertiser’s access to the Website; and

20.2.2.     where applicable, the Advertiser must immediately pay Scarlet Blue any outstanding Fees that it owes Scarlet Blue.

20.3.     The obligations of the Advertiser under any clause of these Terms and Conditions, survive the termination of this agreement.

21.              ASSIGNMENT

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

21.2.        The Advertiser 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 Scarlet Blue (which consent may be given or withheld or given subject to conditions in Scarlet Blue’s absolute discretion).

22.              ACCEPTABLE USAGE RULES

The Advertiser and the User agree that the Acceptable Usage Rules form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Acceptable Usage Rules, then these Terms and Conditions will prevail to the extent of any inconsistency.

23.              UNFORESEEN CIRCUMSTANCES

Scarlet Blue will not be responsible for any failure to perform 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; 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.

24.              DISCRIMINATION POLICY

24.1.          Application

This policy applies to all Advertisers and Users of Scarlet Blue, the Scarlet Blue Services and the Website.

24.2.          Discrimination

24.2.1.     Scarlet Blue takes seriously its responsibility to comply with all anti-discrimination laws.

24.2.2.     Scarlet Blue has taken all reasonable steps to ensure it is at all times complying with all anti-discrimination laws, and that the Scarlet Blue Services do not portray people or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sex, sexual orientation, transgender status, marital status, family responsibilities, religion, disability or impairment, mental illness, political belief or activity, religious belief or activity, breastfeeding or any other attribute identified under State, Territory or Federal anti-discrimination or human rights legislation, or personal association with a person with the attributes identified.

24.2.3.     If an Advertiser or User believes that any aspect of the Website or Scarlet Blue Services contravenes any anti-discrimination laws, Scarlet Blue requests that they contact Scarlet Blue to resolve the issue.

24.3.          Compliance by Advertisers

24.3.1.     Advertisers must comply with all State, Territory and Federal anti-discrimination laws which may affect them.

24.3.2.   If an Advertiser is found to be in breach of any anti-discrimination law (including but not limited to an Advertiser’s advertisement or conduct breaches anti-discrimination law) Scarlet Blue reserves the right to immediately cancel the Advertiser’s subscription and/or account without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.

25.              GENERAL

25.1.          Independent legal and financial advice

By agreeing to abide by these Terms and Conditions, the Advertiser and the User warrant that they have reviewed these Terms and Conditions and have:

25.1.1.     obtained independent legal and financial advice; or

25.1.2.     had the opportunity to consult independent legal and financial advice,

on these Terms and Conditions.

25.2.          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 these Terms and Conditions is not affected.

25.3.          Notices

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

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

25.3.2.     leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);

25.3.3.     posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);

25.3.4.     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 and the sender receiving notification of the successful delivery of the email transmission; or

25.3.5.     sending the notice by facsimile, without transmission error (the notice is treated as received on production of a “successful transmission” notice) to the facsimile number of the party.

25.4.          Governing law and jurisdiction

These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of Queensland in the Commonwealth of Australia and the Advertiser, User and Scarlet Blue irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland or of the Commonwealth of Australia situated in the Central Business District of either Brisbane or Cairns (the determination of which locality will be solely at Scarlet Blue’s discretion) and the courts of appeal from them.

25.5.          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:

25.5.1.   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

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

25.6.          Amendments

Scarlet Blue may amend these Terms and Conditions at any time and the Advertiser and the User agree to be bound by the Terms and Conditions as amended.

26.              DEFINITIONS AND INTERPRETATION

26.1.          Definitions

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

26.1.1.     Acceptable Usage Rules means the Acceptable Usage Rules which govern the use of the Website.

26.1.2.     Advertiser means a person or entity who advertises on the Website and/or engages the services of Scarlet Blue in respect of website design in accordance with these Terms and Conditions.

26.1.3.     Default Interest Rate means a percentage interest rate per annum equal to the rate set  by Scarlet Blue’s bank as its benchmark rate for overdrafts of $100,000.00 or more plus 2% or, if there is no such rate, the rate of 12% per annum;

26.1.4.     Fees means the fees, which are set out on the Website (as amended from time to time) and which are payable by the Advertiser and/or User (as the case may be) for accessing the materials on the Website.

26.1.5.     GST means any tax, levy, charge, or impost implemented under the GST Act;

26.1.6.     GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of or which has a similar effect to the GST Act;

26.1.7.     Scarlet Blue means Scarlet Blue a trading entity of Jelo Exuma Pty Ltd ACN 166 999 739.

26.1.8.     Scarlet Blue Services means all of the services provided by Scarlet Blue to an Advertiser and User pursuant to these Terms and Conditions.

26.1.9.     Terms and Conditions means these terms and conditions as amended from time to time.

26.1.10.  User means a person or entity who uses and accesses the Website in accordance with these Terms and Conditions.

26.1.11.  Website means the website www.scarletblue.com.au or such other website or social media platforms operated by Scarlet Blue from time to time from which Scarlet Blue provides the Scarlet Blue Services.

26.2.          Interpretation

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

 

26.2.1.     clause and subclause headings are for reference purposes only;

26.2.2.     the singular includes the plural and vice versa;

26.2.3.     words denoting any gender include all genders;

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

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

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

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

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

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

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

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

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

26.2.13.  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;

26.2.14.  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;

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