Terms & Conditions

Welcome to Mayfair Confidential

Thank you for visiting Mayfair Confidential. This website is operated by Mayfair Consulting Pty Ltd ACN 614 075 893 trading as Mayfair Confidential. By accessing and/or using this website and our services, you irrevocably agree to these terms and conditions, our privacy policy, copyright policy, acceptable usage and disclaimer (Terms and Conditions).

 

You should review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you should immediately cease using the website.

 

In these Terms and Conditions, ‘Mayfair Confidential’, ‘us', 'we' and 'our' means Mayfair Consulting Pty Ltd ACN 614 075 893.

Operative Provisions

  1. Definitions and Interpretation
    1. Definitions
      The following definitions apply:
      Term Means
      Acceptable Usage Acceptable Usage governs the use of this website.
      Advertiser A person(s) who advertises on the website and/or engages our services in accordance with these Terms and Conditions.
      Default Interest Rate A percentage interest rate per annum equal to the rate set  by the ‘cash rate’ of the Reserve Bank of Australia more plus 2% or, if there is no such rate, the rate of 12% per annum.
      Fees The fees, which are set out on the Website (as amended from time to time) and which are payable by the Advertiser and/or member user, as the case may. Refer current fees.
      GST Any tax, levy, charge, or impost implemented under the GST Act.
      GST Act 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.
      Mayfair Confidential Mayfair Confidential being a trading name of Mayfair Consulting Pty Ltd ACN 614 075 893 (including its officers, agents, servants, sub-contracts and employees both past and present), or related entities or related persons and/or which may include the website / online directory platform built on PHP with HTML and CSS3 for the front end including all of the platforms design, capabilities and features such as the instant messaging system; and the online blog platform built on word press.
      Payment Due Date Billing on monthly basis with a bill to be issued on the anniversary of a billing cycle. The date of signing up to Mayfair Confidential commences ones billing cycle. For example, an Advertiser signs up on 3 March, the Advertiser’s billing cycle will be from 3 March to 2 April. If the Payment Due Date falls at a weekend or public holiday, then Mayfair Confidential reserves the right to debit the Advertiser’s account on a date either before or after the Payment Due Date. Mayfair Confidential may amend the Payment Due Date for any Advertiser from time to time. 
       
      Related Entity

      As defined by the Corporations Act 2001 (Cth).

      Services of Mayfair Confidential All of the services provided by Mayfair Confidential to an Advertiser and/or User pursuant to these Terms and Conditions.
      Terms and Conditions These Terms and Conditions as amended from time to time.
      User A person or entity who uses and accesses Mayfair Confidential in accordance with these Terms and Conditions which for completeness extends to a member of Mayfair Confidential or public.
      Website The website / online directory platform built on PHP including all of the platforms design, capabilities and features; and the online blog platform built on word press which can be accessed at www.mayfairconfidential.com.au or such other website, platform or social media platforms operated by Mayfair Confidential from time to time from which Mayfair Confidential provides services.

1.2. Interpretation

The following rules of Interpretation apply:

1.2.1. a reference to any legislation or legislative provision includes any modifying, consolidating or replacing legislation or legislative provisions from time to time, and includes all regulations, rules and other statutory instruments issued under the legislation;

1.2.2. a reference to a document or agreement (including this) is to that document or agreement as varied, novated, ratified or replaced from time to time;

1.2.3. words denoting the singular number include the plural and vice versa; 

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

1.2.5. words denoting any gender include all genders;

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

1.2.7. reference to ‘you’ may be the Advertiser, User or third party. 

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

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

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

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

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

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

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

1.2.15. 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;

1.2.16. reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated; and 

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

 

GENERAL

2. Terms and Conditions

2.1. These are the entire Terms and Conditions  of all services provided by Mayfair Confidential to any Advertiser, User and/or Third Party who access the Website. 

3. Agreement to these Terms and Conditions

3.1. Every User who accesses and every Advertiser who requests for advertising on Mayfair Confidential agrees to these Terms and Conditions. 

3.2. Advertisers and Users agree to be bound by these Terms and Conditions upon accessing, using, viewing, downloading, printing, installing or copying any material from the Website and which also extends to membership on the Website, mobile and/or tablet. Mayfair Confidential at its sole discretion may amend these Terms and Conditions from time to time and without the requirement of prior notice to Advertiser or User. The access and use of the Website by an Advertiser or User at any time and specifically any time after any such change to Terms and Conditions are applied, constitutes their acknowledgement and acceptance of the amended Terms and Conditions and any changes to them from time to time. If the Advertiser and / or User do not agree to be bound to these Terms and Conditions, then any such Advertiser and / or User must strictly not access or exit the Website immediately and they strictly may not access or use the Website in any capacity. 

4. Services of Mayfair Confidential

4.1. Mayfair Confidential provides internet based online and digital services to Advertisers and Users. Mayfair Confidential utilises platforms such as Website, email, social media and other applications for Advertisers and User. Such Advertisers are not employees of Mayfair Confidential but are adult service providers who advertise independently. 

4.2. The Advertiser understand and agree that Mayfair Confidential is not an employer and does not need to hold insurance for the Advertiser for purposes of Workers Compensation Act 1987 (NSW), Workers Compensation Amendment Act 2015 (NSW), Workers Compensation Regulation 2016, or other State, Territory or Federal statute (or law) in respect of workers compensation.

5. The Authority And Powers Of Mayfair Confidential

5.1. Advertisers and Users generally.

5.1.1. The Advertiser and User understand, consent and agree that:

5.1.1.1. Mayfair Confidential may amend these Terms and Conditions from time to time and that any such amendment, without prior notice, will take effect from the time they are made; 

5.1.1.2. Mayfair Confidential reserves the right to change, suspend or terminate, the Advertiser's content or profile / subscription and/or a User's access to the Website without notice in circumstances where the Advertiser or User has breached any of these Terms and Conditions, the law or anything that governs the relationship between Mayfair Confidential and the Advertiser and/or User.

5.1.1.3. there will be occasions when the Website including the Mayfair Messenger service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to a failure of telecommunications links and equipment that are beyond the control of Mayfair Confidential.

5.1.1.4. Mayfair Confidential reserves the right to add, delete, enhance, change or modify etc. any feature or capabilities on or of the Website at its sole discretion from time to time.

5.1.2. Mayfair Confidential may, at its sole absolute discretion, and without prior notice, deny:

5.1.2.1. to approve/deny, publish, display or remove any advertisement or information supplied by the Advertiser (or Third Party) for the Website or otherwise; and/or

5.1.2.2. User access and/or usage to the Website.

5.1.3. Without prior notice to the Advertiser or User, Mayfair Confidential may at its sole absolute discretion, modify or alter the Website including the Services of Mayfair Confidential.

5.1.4. Upon receipt of Fees by the Advertiser, Mayfair Confidential may grant initial or further access to the Advertiser.

5.1.5. From time to time, Mayfair Confidential may request the Advertiser to access the Website by alternative means or we may request that the Advertiser changes their operative name, email or password. 

5.1.6. We reserve the right to refuse service to any Advertiser or User for any reason at any time.

5.1.7. We reserve the right to suspend and/or terminate any Advertiser profile that becomes inactive, violates trademark, breaks the law or may mislead other Advertisers or Users.

5.1.8. We may, but have no obligation to, remove content and Advertiser profile(s) containing content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

5.1.9. We reserve the right to reclaim Advertiser and User profile(s) on behalf of businesses or individuals that hold legal claim or trademark on those profile(s).

5.2. Advertisers

5.2.1. In addition to any other rights in these Terms and Conditions, Mayfair Confidential reserves the right, at its sole absolute discretion, change, suspend or terminate any profile on the Website without notice, in circumstances where in the reasonable opinion of Mayfair Confidential:

5.2.1.1. the Advertiser breaches any of these Terms and Conditions, law, or document that governs the relationship between Mayfair Confidential and the Advertiser;

5.2.1.2. the Advertiser has engaged in deceptive or misleading conduct or advertising which extends to providing images to Mayfair Confidential which are deceptive or misleading;

5.2.1.3. if the ownership of the Advertiser's images are in doubt or if any of the Advertiser's material is found to be on any third party website;

5.2.1.4. the Advertiser bringing the Website, Services of Mayfair Confidential or Mayfair Confidential generally into disrepute;

5.2.1.5. a serious complaint is received from User(s) or third party about the Advertiser;

5.2.1.6. the Advertiser fails the profile verification process;

5.2.1.7. if a User or third party takes any action or makes a claim against Mayfair Confidential for any act, omissions or negligence;

5.2.1.8. if the Advertiser sends another person in their place to any appointment;

5.2.1.9. if the Advertiser is not an independent or private adult service provider; and

5.2.1.10. if any of the Advertiser's material is found on a website of an escort agency.   

6. Making a complaint

6.1. If you wish to make a complaint or you just simply wish to contact us, the please email us at info@mayfairconfidential.com.au or you can write to us at Suite 3, Level 27, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000 Australia. 

7. Collection Notice

7.1. Mayfair Confidential collects personal information about you in order to process your profile, respond to your query, communicate with you, provide you with Services of Mayfair Confidential, general access to the Website and for purposes otherwise set out in our Privacy Policy. 

7.2. The information you provide will be collected by or on behalf of us and may be disclosed to third parties that help us deliver our services to you (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. We may disclose your personal information to recipients that are located outside of Australia including but not limited to Amazon Web Services (AWS).

7.3. The directory is stored on AWS cloud servers which we understand are connected with data centre(s) in Sydney, New South Wales, Australia 

7.4. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@mayfairconfidential.com.au

7.5. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy, these Terms and Conditions and Collection Notice.

8. Accuracy, completeness and timeliness of information

8.1. The information on our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranties regarding the information on the Website. You should monitor any changes to the information contained on this Website.

8.2. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

8.3. We may, from time to time and without notice, change or add to the Website (including these Terms and Conditions) or the information, products or services described in it. However we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

9. Mayfair Messenger and the website generally

9.1. General Terms

9.1.1. You must be 18 years or older to use this Website and the Mayfair Messenger service. 

9.1.2. You are responsible for any photos or content that you share.

9.1.3. You warrant that any photos or content you share are in compliance with State and Federal laws of Australia.

9.1.4. You are responsible for any activity that occurs under your user name / screen name.

9.1.5. You are responsible for keeping your password secure.

9.1.6. You must not abuse, harass, threaten, impersonate or intimidate other Advertisers or Users on Mayfair Messenger or the website generally.

9.1.7. You may not use the Mayfair Messenger service for any illegal or unauthorised purpose. Overseas Advertisers and Users agree to comply with all local laws regarding online conduct and acceptable content.

9.1.8. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links and/or content that you submit, post, and display on the Mayfair Messenger service or the Website generally.

9.1.9. You must not modify, adapt or hack Mayfair Messager or the Website or modify another website so as to falsely imply that it is associated with Mayfair Confidential.

9.1.10. You must not access Mayfair Messengers or Mayfair Confidential private API by any other means other than the Mayfair Messenger application itself.

9.1.11. You must not crawl, scrape, or otherwise cache any content from Mayfair Confidential including but not limited to Advertiser and Users profiles and photos.

9.1.12. You must not create or submit unwanted email or comments to any Mayfair Confidential Advertisers and Users.

9.1.13. You must not use web URLs in your name without prior written consent from Mayfair Confidential.

9.1.14. You must not attempt to transmit or transmit any electronic viruses, worms, trojan horses, bots, defects, code or anything that is of a destructive nature that may cause damage or loss to the Website. Mayfair Messenger and Mayfair Confidential.

9.1.15. You must not, in the use of Mayfair Messenger, violate any laws in your jurisdiction (including but not limited to copyright laws).

9.1.16. Violation of any of these Terms and Conditions may result in the termination of your profile on Mayfair Confidential. You understand and agree that Mayfair Confidential cannot be responsible for the content posted on the Website and you nonetheless may be exposed to such materials and that you use the Mayfair Messenger service at your own risk.

9.2. Conditions

9.2.1. Messages sent on the Mayfair Messenger services are not encrypted P2P so you warrant and agree not to share any personal/private data with other Advertiser(s), memebers or User(s).

9.2.2. We reserve the right to change, modify or terminate the Mayfair Messenger service for any reason, without notice at any time.

9.3. Proprietary Rights in Content on Messenger

9.3.1. Messenger Confidential does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, “Content”) that you post on or through the Website. By displaying or publishing (“posting”) any Content on or through the Mayfair Messenger services, you hereby grant to Mayfair Confidential a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the site in any media formats through any media channels, except Content not shared publicly (“private”) will not be intentionally distributed outside of the Website.

9.3.2. You represent and warrant that:

9.3.2.1. you own the Content posted by you on or through the Mayfair Messenger services or otherwise have the right to grant the license set forth in this section,

9.3.2.2. the posting and use of your Content on or through Mayfair Messenger does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and

9.3.2.3. the posting of your Content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Mayfair Messenger service.

9.3.2.4. Mayfair Confidential and the Website are protected by trademark and other laws. Mayfair Messenger hereby grants you a limited, revocable, nonsublicensable license to reproduce and display our Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services of Mayfair Confidential. 


9.3.3. The Mayfair Messenger services contain Content of Advertisers and Users and other licensors. Except as provided within these Terms and Conditions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Mayfair Messenger service.

9.3.4. Mayfair Confidential performs technical functions necessary to offer the Mayfair Messenger service, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Mayfair Messenger service.

9.3.5. Although the Website and other Mayfair Messenger services are normally available, you agree and understand that there will be occasions when the Website including the Mayfair Messenger service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Mayfair Confidential.

9.3.6. Mayfair Confidential reserves the right to store and archive content for the purposes the function of Mayfair Messenger and the Website. Mayfair Confidential also reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Mayfair Confidential in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Mayfair Confidential encourages you to maintain your own backup of your Content. In other words, Mayfair Confidential does not provide backup service. Mayfair Confidential will not be liable to you for any modification, suspension, or discontinuation of the Services of Mayfair Confidential including Mayfair Messenger, or the loss of any content.


USERS

10. Registration

10.1. You may be a registered member to communicate and access certain features of the Website. 

10.2. When you register and activate your memeber account, you will provide us with personal information such as your name, email address and other personal information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.

10.3. When you register and activate your account, you will be able to choose your own user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

10.4. To create an account and become a member, you must be:

10.4.1. at least 18 years of age;

10.4.2. possess the legal right and ability to enter into a legally binding agreement with us; and

10.4.3. agree and warrant to use the website in accordance with these Terms and Conditions.

11. Information Services Search

11.1. The User understands that accessing, using and searching on the Website is done so at their own risk. The User releases Mayfair Confidential for any and all liability in this regard.

11.2. As part of Services of Mayfair Confidential to Advertisers and Users, Mayfair Confidential provides information services search capabilities. Mayfair Confidential does not accept responsibilities for mistakes, imprecisions and oversights despite endeavouring to avoid such errors. To this end, Mayfair Confidential invites Users to notify us if any such errors are discovered. 

11.3. Mayfair Confidential disclaims all liability for, and is not responsible for, damages or loss of any kind arising from use of the Website or a User using, relying or referencing on any advertisements contained on the Website or transactions that are initiated because of a Advertiser.

11.4. The User understands and acknowledges that the Website is only a directory. The User must make their own enquiries and judgments as to satisfy themselves of the correctness, legitimacy, aptness and qualification of the Advertiser and advertisement on the Website.

11.5. Without limiting anything in in these Terms and Conditions, Mayfair Confidential recommends the User to take care and caution when corresponding with the Advertiser including, but not limited to, making deposits or prepayments. The User warrants that Mayfair Confidential will not be responsible for any monies, assets or property (tangible and non-tangible) lost by User.

11.6. It is recommended by Mayfair Confidential that the User utilises personal email addresses and personal electronic devices when accessing the Website. 

11.7. Mayfair Confidential may, in its sole discretion, send correspondence to the User such as emails and marketing material. Such correspondence may be personal or sensitive in nature. 

11.8. The User agrees and consents to receiving communication from Mayfair Confidential.

11.9. The User agrees, understands and acknowledges that it is under no requirement or obligation to agree to these Terms and Conditions. If the User is unable to agree to and accept these Terms and Conditions, then Mayfair Confidential is unwilling to provide access to the website and/or Services of Mayfair Confidential to the User.

11.10. The User hereby releases Mayfair Confidential from all claims which includes actions, allegations, appeals, complaints, causes of action, arbitrations, debts, liabilities, dues, costs, claims, demands, verdicts and judgments either at law or in equity or arising under a statute in respect of any transactions in connection with the Website. 

12. User Obligations

12.1. The User understands, promises and warrants that:

12.1.1. at all times they comply with these Terms and Conditions;

12.1.2. at all times they will conduct themselves in the utmost professional manner;

12.1.3. they will not make use of the Website or Services of Mayfair Confidential for any inappropriate, illegal activities or anything that may cause loss, damages, expense or costs to Mayfair Confidential;

12.1.4. in any way they will not hinder or disturb the access of other Users and / or Advertisers;

12.1.5. at all times that they will uphold the goodwill and brand equity of Mayfair Confidential;

12.1.6. that will not input a link or make reference to any other directory, website or advertising platform of another website without prior written consent of Mayfair Confidential;

12.1.7. unless with the prior written consent of Mayfair Confidential, that they will not copy, reproduce, link, upload, adapt or save any content or information from or on the Website which extends to relevant third parties;

12.1.8. that they will not place on the Website any information, material or content that is unlawful, threatening, discriminatory, abusive, harassing or offensive in any way which may include intellectual property of any third party, without such third party’s owner consent to use such intellectual property;

12.1.9. that whilst accessing and using the Website, that that will not breach or infringe Australian law extending to statute, common law or in equity such as consumer law, intellectual property or discrimination; and

12.1.10. that they will not attempt to transmit or transmit any electronic viruses, worms, trojan horses, defects or anything that may cause damage or loss to the Website and Mayfair Confidential.

12.2. The User hereby releases Mayfair Confidential (including its officers, employees, sub-contractors and agents both past and present) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute in respect of any transactions that are initiated because of advertisement or in connection with usage of the Website. To this end, the User must rely on their own enquiries and judgments as to their own satisfaction. 


ADVERTISERS

13. Registration

13.1. You must be a registered Advertiser with access the website in order to utilise the Services of Mayfair Confidential.

13.2. When you register and your account is approved by us, you will be required to provide us with personal information such as your name, email address and other personal information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with these terms and Conditions.

13.3. When you register and activate your account, you may propose your own operative name / user name and password. You are responsible for keeping this operative name / user name and password secure. You are responsible for all use and activity carried out under this operative name / user name.

13.4. To create an account and become an Advertiser, you must be:

13.4.1. at least 18 years of age;

13.4.2. possess the legal right and ability to enter into a legally binding agreement with us; and

13.4.3. agree and warrant to use the Website in accordance with these Terms and Conditions.

14. Advertising Services

14.1. By accessing, entering and going through the ‘sign up’ process to advertise on the Website, the Advertiser agrees and acknowledges:

14.1.1. that they are over eighteen (18) years of age and will not denote they are under eighteen (18) years of age in any form on the Website;

14.1.2. they legally own the information (i.e. email, phone numbers etc.), material (i.e. photographs, social media, videos etc.) and content that is submitted to the Website include any information, material and content that may be posted or submitted prior or after pre ‘approval’ of an Advertiser. By agreeing to these Terms and Conditions, the Advertiser warrants that any such informational, material and content is not owned by any third party and any such third parties do not have a right to such information, material or content;

14.1.3. that they are independent adult service providers.

14.2. The Advertiser’s understands and accepts of these Terms and Conditions. 

14.3. Before an Advertiser’s profile will be displayed on this Website, an Advertiser understands that their advertisement will be reviewed and approved by Mayfair Confidential before it is displayed online on the Website. Mayfair Confidential reserves the right to request an Advertiser amend their profile at any time to comply with any laws. 

14.4. Mayfair Confidential may, in its sole absolute discretion, decline a submission by an Advertiser to advertise on the Website for any reasonable reason. 

14.5. Mayfair Confidential expresses that profile and/or verification is not mandatory. Mayfair Confidential appreciates that there are differences between an Advertiser’s uploaded photographs and reality. These differences could be for a varied of reasons including lighting, angles and photographic techniques.  If the Advertiser wants to be complaint and receive a Mayfair Confidential profile verification stamp on their profile then the Advertiser must be verified pursuant to the Mayfair Confidential profile verification protocol. Details of the profile verification protocol can be requested by Mayfair Confidential upon request. Mayfair Confidential reserves the right, in its sole absolute discretion,  to suspend or terminate an Advertiser’s subscription or profile if it is satisfied that the images uploaded are not, in Mayfair Confidential sole opinion, that of the Advertiser. 

14.6. Mayfair Confidential may, in its sole absolute discretion, voluntarily change or request the Advertiser to upload replacement photographs or images if Mayfair Confidential believes, in its opinion, that the Advertiser’s photographs and videos are outdated or no longer physically represents the Advertiser. 

14.7. By advertising on the Website, the Advertiser agrees never to send another person for an appointment in their place. Furthermore, an Advertiser agrees not to impersonate, mimic, pose or pretend to be any other person other than themselves. As outlined in in these Terms and Conditions, an Advertiser strictly acknowledges that any and all information, material and content submitted and / or posted on the Website is legally their own. Couple Advertisers warrant that they have both or each obtained express written consent from the other party before submitting to advertise on the Website. 

14.8. Mayfair Confidential reserves the right to alter the Advertiser’s photographs or videos if they do not fit with the layout of the Website or if the Advertiser authorises such alteration. 

14.9. By accepting these Terms and Conditions, I, the Advertiser consent and agree that Mayfair Confidential may publish and advertise my images and information on the internet in the manner that it is uploaded by me and which is compliance with any relevant laws unless I notify Mayfair Confidential in writing to do otherwise.

14.10. At the time of uploading or sending photographs or videos to Mayfair Confidential, an Advertiser must notify Mayfair Confidential if they require any such photographs to be cropped or blurred. 

14.11. By advertising on the Website, the Advertiser or any Related Entity must not advertise or have any interest into another entity, venture, partnership, website or application that competes with this Website without first attempting to obtain consent from Mayfair Confidential. 

14.12. Mayfair Confidential at its sole absolute discretion, in its opinion acting reasonable, may suspend or terminate an Advertiser’s subscription if the Advertiser is found to: 

14.12.1. be using information, material or content that they do not legally own such as phone numbers, photography’s etc. and / or which a third party has expressly claimed a right over. This extends to using advertising material of another person and implying it as their own;

14.12.2. be sending another person for an appointment in their place; and

14.12.3. be using the Website to refer Users to any other website except the Advertiser's own personal website or social media platforms.

14.13. If Mayfair Confidential, at its sole absolute discretion, acts to suspend or terminate an Advertiser's subscription on the Website upon any breach of these Terms and Conditions, then Mayfair Confidential will endeavour, but is not obliged, to provide reasons to that Advertiser. Any such Advertiser profile will subsequently be removed from the Website. Mayfair Confidential will suspend or terminate any such Advertiser’s subscription without refund.  

14.14. The Advertiser will not input a link or make reference to any other competing adult service directory or advertising platform on the Website. 

14.15. The Advertisers agrees consents and authorises Mayfair Confidential to publish supplied information, material, photographs, social media and videos etc. on the Website, and any other website that is managed by Mayfair Confidential in order to advertise and uphold the Services of Mayfair Confidential. By Advertising on the Website, the Advertiser consents, agrees and grants Mayfair Confidential a worldwide, royalty-free, non-exclusive, irrevocable license to publish the information, material, photographs etc. supplied in any medium or form which extends to online, print or other. In this clause, the Advertiser warrants that it authorised to grant Mayfair Confidential the licence. 

14.16. The Advertiser understand, acknowledges and agrees that it is not a responsibility of Mayfair Confidential but rather their sole responsibility to ensure that their advertisement is fully compliant with relevant State, Territory and Federal laws which extends to the laws of the State and Territories that an Advertiser may reside in, tour in, including but not limited to all legislation applicable to the advertising of escort or sex work services, all equal opportunity and anti-discretion legislation, Australian Consumer Law, Fair Trading Acts, Human Rights and , Equal Opportunity Commission Act 1986 (Cth), Privacy Act 1988 (Cth) (Privacy Act) and Corporations Act 2001 (Cth). The Advertiser releases and indemnities Mayfair Confidential from any breaches or contravention of any laws. 

14.17. The Advertisers understands and agrees that may be required by State or Federal law to register with a body or authority etc. It is the obligation of the Advertiser (and only the Advertiser) to register, obtain a registration number and be fully compliant with any such law. Mayfair Confidential reserves the right to deny approval, suspend, cancel or termination your profile/subscription in circumstances were you are not complaint with any law. 

14.18. The Advertiser consents to receiving electronic communication from Mayfair Confidential.

14.19. Generally, all advertisements are paid ‘in advance’ on a monthly basis and will work in accordance with the Payment Due Date. 

14.20. Mayfair Confidential, in its sole absolute discretion, may grant an Advertiser a free period of advertising. To that end, the Advertiser will be notified of the commencement and conclusion dates of the subject period of free advertisement.

14.21. Mayfair Confidential, in its sole absolute discretion, may permit the Advertiser to ‘suspend’  their profile/subscription on the Website. The Advertiser may ‘suspend’ their profile on the Website for an indefinite period of time. Any applicable Fees may be charged or debited from the Advertiser's account on the Payment Due Date which, may be on a pro-rata basis. Mayfair Confidential asserts, and the Advertiser understands, that the Advertiser's information, material and content relating to thier suspended profile on the Website may be removed / deleted from the Website at the sole discretion of Mayfair Confidential after 3 months from the date your profile becomes 'suspended'. Mayfair Confidential will use its best endeavours to delete and/or remove your profile. We are not responsible for any content or information that is not removed. You agree to release Mayfair Confidential from all liability and claims relating to this clause.

14.22. The Advertiser agrees, understands and acknowledges that they are under no requirement or obligation to agree to these Terms and Conditions. If the Advertiser is unable to agree to and accept these Terms and Conditions, then Mayfair Confidential is unwilling to provide the Services of Mayfair Confidential which extends to access to the website.

15. Information Services Search

15.1. The Advertiser understands advertising on the Website is done so at their own risk. To this end, the Advertiser releases and indemnifies Mayfair Confidential from any loss, damages, claims etc.

15.2. It is recommended by Mayfair Confidential that Advertisers utilise personal email addresses and personal electronic devices when accessing the Website. 

15.3. Mayfair Confidential may, in its sole discretion, send correspondence to Advertisers that the Advertiser may find personal or sensitive in nature. In this regard, Mayfair Confidential does apologise in advance. 

15.4. As part of the Services of Mayfair Confidential to Advertisers and Users, Mayfair Confidential provides information services search capabilities. Mayfair Confidential does not accept responsibilities for mistakes, imprecisions and oversights despite endeavouring to avoid such errors. To this end, Mayfair Confidential invites Advertisers to notify it if any such errors are discovered. 

15.5. Mayfair Confidential disclaims all liability for, and is not responsible for, damages or loss of any kind arising from transactions that are initiated because of the Advertiser advertising on the Website.

15.6. The Advertiser hereby releases Mayfair Confidential (including its officers, employees, sub-contractors and agents both past and present) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute in respect of transactions relating to the Website. 

15.7. Without limiting any other clause, Mayfair Confidential recommends that Advertisers are take care and caution when corresponding with Users including, but not limited to, accepting deposits or prepayments. The Advertiser expresses that Mayfair Confidential will not be responsible for any monies, assets or property (tangible and non-tangible) lost by Advertisers whatsoever. 

16. Advertiser Obligations

16.1. Advertiser understands, promises and warrants that:

16.1.1. that at all times they comply with these Terms and Conditions;

16.1.2. that they are independent or private Advertisers;

16.1.3. that they have valid insurances in place such as health, income protection, workers compensation, life or otherwise; 

16.1.4. that at all times they conduct themselves in the utmost professional manner;

16.1.5. that they will not make use of the Website or Services of Mayfair Confidential for any inappropriate, illegal activities or anything that may cause loss, damages, expense or costs to Mayfair Confidential;

16.1.6. that in any way they will not hinder or disturb the access of other Advertisers and / or Users;

16.1.7. at all times that they will uphold the goodwill and brand equity of Mayfair Confidential;

16.1.8. that will not input a link or make reference to any other directory, website or advertising platform of another website without prior written consent of Mayfair Confidential or unless it is the Advertisers own personal website, social media or direct communication platforms;

16.1.9. they will never to send another person for an appointment in their place or will not under circumstances pose as any other person;

16.1.10. unless with the prior written consent of Mayfair Confidential, that they will not copy, reproduce, link, upload, adapt or save any content or information from or on the Website which extends to relevant third parties;

16.1.11. they legally own all advertising information, material, content and intellectual property (for example photographs) submitted to or posted on the Website and/or they are legally authorised to use or distribute such advertising information, material or content;

16.1.12. that all information provided to Mayfair Confidential from the Advertiser, such as videos or photographs, is true and accurate in every manner which may extend to the Advertiser’s obtaining rights and consents for such disclosure;

16.1.13. that they will not place on the Website any information, material or content that is unlawful, threatening, discriminatory, abusive, harassing or offensive in any way which may include intellectual property of any third party, without owner consent of that third party intellectual property;

16.1.14. that were required by State or Federal law you will register with the appropriate body or authority etc. It is the obligation of the Advertiser (and only the Advertiser) to register, obtain a registration number and be fully compliant with any such law. Mayfair Confidential reserves the right to deny approval, suspend, or termination your profile/subscription in circumstances a profile is not complaint with any law;

16.1.15. the any information, material or content (for example photographs or videos) does not breach or infringe Australian law extending to statute, common law or in equity such as consumer law, intellectual property or discrimination; and

16.1.16. that they will not attempt to transmit or transmit any electronic viruses, worms, trojan horses, bots, defects or anything that may cause damage or loss to the Website and Mayfair Confidential.

16.2. The Advertiser hereby releases Mayfair Confidential (including its officers, employees, sub-contractors and agents both past and present) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute in respect of any transactions that are initiated because of advertisement or in connection with usage of the Website.

17. Payment of Fees

For the purpose of accessing and utilising the Website, which extends to Services of Mayfair Confidential, the Advertisers provide an agreement to pay the following Fees in the following way:

17.1. General

17.1.1. The Advertiser must pay the Fees shown on the Website in order to subscribe and create a profile on the Website which will occur once the Advertiser ‘signs up’ to the Website which extends to accessing the Website. 

17.1.2. In accordance with the requirements to these Terms and Conditions and Services of Mayfair Confidential, all Fees are due and payable. In addition, the Advertisers acknowledge that Fees may be amended from time to time by Mayfair Confidential.

17.1.3. Mayfair Confidential, in its sole absolute discretion, may accept pre-payments or payments in advance outside of the monthly arrangement from the Advertiser from time to time.

17.1.4. Mayfair Confidential, in its sole absolute discretion, reserves the right to provide discounts to the Advertiser for whatever reasons.

17.1.5. Unless payments are received as cleared funds by Mayfair Confidential, payments will not be treated as paid or received.

17.1.6. Mayfair Confidential uses multiple ways to receive Fees such as direct bank transfers, direct debit and PayPal. You can check out all of PayPal Australia's terms and conditions here.

17.1.7. All billing will be processed under the entity Mayfair Consulting Pty Ltd ACN 614 075 893.

17.1.8. All financial transactions processed should appear as "Mayfair C" or 'Mayfair Consulting Pty Ltd'.

17.1.9. In Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms and Conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Law and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

17.2. Processing and Payment

17.2.1. All Mayfair Confidential subscriptions that are through PayPal or direct debit will renew automatically unless you terminate. If direct deposits are selected, the Advertiser warrants to make all direct bank transferes as directed by Mayfair Confidential after the free trial period. For example, Mayfair Confidential may send the free trial ending communications and later request for bank details and/or provide the Advertiser with its bank account details in order to affect the direct deposit payment method. 

17.2.2. Methods of payment are by direct debit, direct deposit or PayPal on the Payment Due Date. Mayfair Confidential reserves the right to change the way it receives payment from time to time.

17.2.3. Debits in respect of the Payment Due Date are payments in advance.

17.2.4. If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.

17.2.5. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date. 

17.2.6. If your account details (i.e. Bank or PayPal account) is invalid or has insufficient funds, your subscription may be suspended or terminated. Access may be revoked until such time payment is received by us.

17.2.7. The Advertiser understands and agrees that to have sufficient funds so that payment can be made on the Payment Due Date in order to avoid suspension and/or termination of their subscription to the Website. This clause is an essential term of these Terms and Conditions.

17.2.8. Mayfair Confidential or its payment gateway providers such as PayPal reserves the right to send, at its discretion, correspondence to the Advertiser in respect of their subscription.

17.2.9.  To ensure uninterrupted advertising on the Website, Mayfair Confidential or its payment gateway providers such as PayPal, reserves the right to make further attempts to process a debit on the Advertiser's nominated account.

17.2.10. Mayfair Confidential may, in its sole absolute discretion, accept other methods of payment from the Advertiser such as BPAY and direct bank transfers to its nominated bank account.

17.2.11. Mayfair Confidential at its sole absolute discretion, in its opinion acting reasonable, may suspend or terminate an Advertiser’s profile and subscription to the Website if payment is not received by Mayfair Confidential. 

17.2.12. Any fees charged to us because of a missed payment may directly be passed onto the Advertiser. 

17.2.13. Mayfair Confidential will process your Advertiser subscription purchase as promptly as possible. Your payment details may be verified before your subscription can be activated.

17.2.14. Unless specified otherwise in these Terms and Conditions, all charges are non-refundable.

17.2.15. If for some unforeseen reason your complete access to the Website is unavailable for a continuous period of more than 48 hours you may be eligible for a credit for the period of the service outage. For avoidance of doubt if you are unable to access the Website due force majeure or something out of the control of Mayfair Confidential then we have a discretion to provide (or not provide) you with a refund or credit.

17.2.18. All fees are Charges associated with your subscription (i.e Bank or PayPal fees) may be passed onto the Advertiser at any time.

17.3. Pricing

17.3.1. When you sign up to a subscription, you agree to pay the price stated at the time of signing up. You also agree to the billing frequency specified at the time of signing up.

17.3.2. Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively.

17.3.3. All prices are in Australian Dollars (AUD) except as stated otherwise.

17.3.4. Mayfair Confidential reserves the right to change the Fees at any time. 

17.3.5. Price changes will take effect from your next Payment Due Date. If you do not wish to continue your subscription at the revised price, you may terminate your subscription before your next Payment Due Date.

17.4. Trial Terms

17.4.1. If we grant you access to a free trial subscription and you do not Terminate or opt out of the trial prior to the expiry of the free trial period term, you will automatically be converted to a paid subscription. If you change your subscritpion or terminate your profile you may lose your free trial.

17.5. Promotions

17.5.1. Mayfair Confidential may at times offer special promotions and offers. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Terms and Conditions. In the event of any inconsistency between the terms and conditions of a special offer and these Terms and Conditions, these Terms and Conditions will prevail.

17.5.2. You may be required to provide your payment details when you sign up for a promotion. If this is a direct debit offer, your subscription will be automatically renewed after your initial payment at the standard subscription rate unless you cancel.

17.5.3. From time to time Mayfair Confidential offers promotional pricing that will apply for the term agreed when accepting that promotional offer. Pricing will automatically resume at your standard subscription rate unless you suspend or terminate.

17.6. Termination and Refunds

17.6.1. If there is a conflict between these Terms and Conditions and any applicable law, then the applicable law prevails. Therefore the following is subject to the applicable laws:

17.6.1.1. You can terminate your subscription at any time by doing so on your profile which wil need to be processed by Mayfair Confidential. Upon us processing the termination your profile will be terminated and your access to the Website will stop.

17.6.1.2. When you terminate, you terminate only future charges associated with your subscription. If for some unforeseen reason your complete access to our services is unavailable for a continuous period of more than 48 hours you may be eligible for a credit of a pro-rated amount for the service outage. 

17.6.1.3. For avoidance of doubt if you are unable to access the Website and it's not the fault of Mayfair Confidential then it's our discretion to provide ( or not provide) you with a refund or credit of any nature.

17.6.1.4. Mayfair Confidential may in its sole absolute discretion provide a refund to the Advertiser.

17.6.1.5. Mayfair Confidential reserves the right, in its sole absolute discretion, to provide discount(s) to the Advertiser. For example, a discount may be provided by Mayfair Confidential in circumstances where the Advertiser makes a pre-payment or payment in advance.

17.6.1.6. For pre-payments, no further refund will be provided to the Advertiser, in circumstances where the Advertiser has received a discount for pre-payment or payment in advance.  

17.6.1.7.  Mayfair Confidential asserts that its payment gateway providers such as PayPal may calculate, assit and/or facilitate any potential refunds to an Advertiser. You can check our PayPal's Terms and Conditions here.

18. Overdue Payments

18.1. Administration Fee

18.1.1. Mayfair Confidential reserves the right to charge an administration fee of ten per cent (10%) of aggregate of the amount that is overdue for payment. 

18.2. Interest

18.2.1. Mayfair Confidential reserves the right to charge interest at the Default Interest Rate.

18.2.2. If the Advertiser owes fees to Mayfair Confidential and such fees are unpaid, then Mayfair Confidential reserves the right to demand such payment from the Advertiser. Interest on amounts outstanding will be payable at the Default Interest Rate. Interest on overpayment payments are calculated the first business day after the Payment Due Date. Interest is calculated daily but it capitalised monthly until amounts outstanding are received by Mayfair Confidential. 

19. Security for Payment

19.1. The Advertiser hereby charges favour of Mayfair Confidential (and where there is more than one person acting together as the Advertiser, jointly and severally) all freehold and leasehold interests in land which the Advertiser now has or may acquire with the payment of all money which has become owning to Mayfair Confidential by the Advertiser.

19.2. The Advertiser further acknowledges that Mayfair Confidential is entitled to register a caveat at LPI NSW or equivalent authority in another State or Territory to protect its interest under such charge.

20. Goods and Services Tax (GST)

20.1. All Fees are exclusive of GST unless stated otherwise. 

21. Social Media

21.1. Every Advertiser will be, by design, promoted on the social media platforms of Mayfair Confidential. Such social media platforms selected by Mayfair Confidential, such as Twitter, may be amended from time to time at the sole absolute discretion of Mayfair Confidential. 

21.2. All new Advertisers may elect ‘out’ of the automatic social media promotion by written request to Mayfair Confidential. 

21.3. If the Advertiser does elect ‘out’ of the social media promotion of Mayfair Confidential, then the Advertiser understands and agrees that due to the nature of social media, their information may remain in the history of such social media platforms and that such information can be found by search engines in the future. 

21.4. The Advertiser understands and agrees that if the Advertiser later decides to opt ‘out’ of social media promotion by Mayfair Confidential or the Advertisers profile on the Website is terminated, than previous social media information, like posts, may remain online. To this end, such information will not be automatically deleted by Mayfair Confidential unless the Advertiser provides the subject direct links of such posts to Mayfair Confidential. The Advertiser understands that Mayfair Confidential will use its best endeavours to ‘delete’ such information on the respective platform. Mayfair Confidential will not be responsible for any social media information that is not removed. 

22. Search Engines of Third Parties

22.1. Mayfair Confidential will endeavour, but is not obliged, to remove the entire Advertiser's information, material or content from the Website upon suspension, or termination of the Advertiser’s subscription to the Website.

22.2. Mayfair Confidential asserts, and the Advertiser understands, that the Advertiser’s information, material and content on the Website may still be visible on the Website and third party search engines despite attempts by Mayfair Confidential to delete and / or remove such information, material and content. Mayfair Confidential will use its best endeavours to delete and /or remove such content. Mayfair Confidential is not responsible for such information, material and content being visible or index by third party search engines. 

Profile and Image Verification

23. Profile and Image Verification

23.1. Advertisers and Users understand and agree that:

23.1.1. Optional profile verification process is supplied by Mayfair Confidential. The profile verification process incorporates the verification of images;

23.1.2. The Advertiser must elect or opt in to be granted profile verification by Mayfair Confidential;

23.1.3. Advertisers warrant that as part of the profile verification process, they will not provide false or misleading information or contravene any applicable laws whatsoever;

23.1.4. If the Advertiser decides to elect or opt in to obtain profile verification, the Advertiser must provide a verification photograph to Mayfair Confidential. The verification photograph must, at a minimum, exhibit physical features that match the Advertiser's photographs contained on their profile page;

23.1.5. The Advertiser must upload or email the verification photograph to Mayfair Confidential with the request to obtain profile verification. The verification photograph must be photograph (or selfie) of the Advertiser physically holding a sign or notice with their name, the words 'Mayfair Confidential' and the date on which the photograph was taken;

23.1.6. Mayfair Confidential, in its sole absolute discretion, may deny or grant profile verification to the Advertiser. Mayfair Confidential may utilise, but is not limited to, verification practices such as identifying whether the verification photo exhibits the same physical items as shown on the Advertiser's profile. To this end, Mayfair Confidential may, in its sole absolute discretion, use reasonable means to match the Advertiser's identification photograph against clothing, apparel, accessories, facial features, body composition, markings, tattoos or any other aspects it sees fit as against the Advertisers photographs on their profile page;

23.1.7. The Advertiser will only receive the 'Profile Verified' seal on their profile from Mayfair Confidential in circumstances where Mayfair Confidential is satisfied, in its sole absolute discretion, that the Advertiser's verification photo closely matches the photographs or images on the Advertiser's profile;

23.1.8. The 'profile verified' seal is only a representation of the reasonable opinion of Mayfair Confidential after conducting such reasonable efforts to verify the Advertiser on the Website. The Advertiser and Users both expressly release Mayfair Confidential from any or all liability in this regard. Mayfair Confidential will not be liable or responsible if the photographs or images exhibited by the Advertiser are not those of the Advertiser despite Mayfair Confidential 'profile verified' seal or not;

23.1.9. Mayfair Confidential does not represent, warrant, guarantee or express that the Advertiser's photographs are true, correct and wholly accurate. As set out under these Terms and Conditions, Mayfair Confidential will endeavour, to its reasonable abilities, to verify an Advertiser's profiles and images upon direct written request from the Advertiser;

23.1.10. As set out in these Terms and Conditions, Mayfair Confidential does not guarantee, warrant, express or represent to the User that the Advertiser will be the same person exhibited on the Advertiser's profile. Before directly communicating or proceeding with a booking with the Advertiser, the User must make their own inquiries and judgments.

24. Photograph, Image and Video Guideline

24.1. Photos, images, selfies and/or videos you upload to the Website will be reviewed for suitability and rated by us before they are added to your profile. Please follow these guidelines when you are adding photos, images, selfies and/or videos

24.1.1. Photos in the galleries must be yours, i.e. the Advertiser/s and Member/s of the profile or User/s. Using another person's image on your profile is prohibited and you may incur a ban for doing so.

24.1.2. Keep the photos real and updated.

24.1.3. Photos that contain the following elements will not be accepted. Please note that this list is by no means exhaustive. Photos that:

24.1.3.1. are too small, too dark or blurry;

24.1.3.2. do not contain your face or your body parts;

24.1.3.3. contain only pets, objects, scenery, drawings or anything other than yourself;

24.1.3.4. contain image of person(s) other than yourself unless they are unrecognisable;

24.1.3.5. display minors;

24.1.3.6. include information that makes contact possible (e.g. email, website, phone number, work name tag, logos on uniforms);

24.1.3.7. include text which is better suited for inclusion in your profile;

24.1.3.8. contain a person in school uniform or uniform of authority including emergency services and military (unless it is obviously a costume);

24.1.3.9. contain materials that are likely to incite sexual, religious or racial hatred, violence, discrimination or vilification;

24.1.3.10. display obscene, offensive or illegal activities, including gore, blood, bestiality, violence, non-consensual BDSM, child pornography, drug abuse;

24.1.3.11. depict violence including weapons, firearms and knives even if they are toys.

24.1.4. Mayfair Confidential has absolute discretion in approval and rating of the photos submitted. We reserve the right to delete, reject or change the photos even if the photo has previously been approved.

24.1.5. These guidelines may be updated from time to time without notice. If you have any questions, please contact us for assistance.

Supplementary

25. Representations, Warranties, Covenants, Disclaimers and Negative Pledges

25.1. The Advertiser and User understand and agree that Mayfair Confidential has not made any representations, under any covenant or given any warranties in relation to:

25.1.1. the Services of Mayfair Confidential; or

25.1.2. the Website; or

25.1.3. any materials, content, other services or otherwise.

25.2. To the maximum extent permitted by law, including the Australian Consumer Law, Mayfair Confidential makes no warranties or representations about this Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.

25.3. We reserve the right to restrict, suspend or terminate without notice your access to this Website, any content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result. 

25.4. Mayfair Confidential does not give any warranties as to the suitability, accuracy, legality, capability or functionality of the Services of Mayfair Confidential or Website.

25.5. The Advertiser and User acknowledge and understand that there may be faults, bugs, errors or other issues with the Website from time to time. To this end, the Advertiser and User agree not to hold Mayfair Confidential responsible. The Advertiser and User warrant that they must notify Mayfair Confidential in circumstances they become aware of any faults, bugs, errors or other issue. 

25.6. The Advertiser and User acknowledge, understand and agree that any agreement formed between the Advertiser and User, whether in writing, verbal or otherwise and which is as a direct or indirect result of the Services of Mayfair Confidential or the Website, is not in any way an agreement with Mayfair Confidential but rather wholly and solely an agreement between the Advertiser and User. 

25.7. The Advertiser, User and any other Third Party acknowledge, understand and Agree, that Mayfair Confidential is not responsible for any actions, omissions or negligence that is as a result of any Advertiser, User or third party of the Website in any way.

25.8. Mayfair Confidential will use reasonable efforts to secure and protect all private information of the Advertiser and User in connection with the Website. 

25.9. Whilst Mayfair Confidential will use reasonable efforts to secure and protect all private information, Mayfair Confidential does not ensure, represent or warrant the security of any information which is transmitted to Mayfair Confidential or the Website by the Advertiser, User or Third Party. To this end, the Advertiser, User or any Third Party acknowledges, understands and agrees that data transmission over the internet cannot be guaranteed as fully and utterly secure. 

25.10. All and any information transmitted to or form Mayfair Confidential by the Advertiser or User is done so at their own risk. Such information may include, without limitation, personal information, email addresses, financial information and other content such as image and videos. 

25.11. The Advertiser and User acknowledge, understand and agree that they will not hold Mayfair Confidential responsible under any circumstances if any such information, images or materials becomes public. 

26. Anti-Discrimination Policy

26.1. Compliance by Advertisers and Users

26.1.1. Advertisers and Users acknowledge that they must comply with any and all State, Territory, Federal or International anti-discrimination laws, regulations or policies which may apply.

26.1.2. Mayfair Confidential reserves the right, at its sole absolute discretion, to suspend or terminate the subscription, profile or access of the Advertiser or User to the Website (extending to the Services of Mayfair Confidential) without refund, to the extent permitted by law, in circumstances where the Advertiser or User is found to be in breach or contravention of any anti-discrimination law. Any such breach includes but is not limited to the conduct of the Advertiser or User or the advertisement of the Advertiser. 

26.2. Anti-Discrimination

26.2.1. The obligations and responsibilities associated with the compliance of any and all anti-discrimination laws whether it is at State, Territory, Federal or International is strongly upheld by Mayfair Confidential.

26.2.2. Mayfair Confidential intends to take all reasonable steps to ensure that it complies with any and all anti-discrimination laws at all times. To this end, Mayfair Confidential expresses that is not our intention to depict people or portray material which in any way vilifies or discriminates a person or sector of the community on account of sex, gender, transgender status, sexual orientation, sexual preferences, age, marital status, race, nationality, ethnicity, religion, religious views, disability, impairment, beliefs, political views, family matters, pregnancy, breastfeeding or anything else identified under State, Territory, Federal or International anti-discrimination laws, human rights or association with anybody or anything with the identified attributes.

26.2.3. Mayfair Confidential requests that the Advertiser or User directly contact Mayfair Confidential if they are of the opinion that any facet of the Services of Mayfair Confidential or the Website breaches or contravenes anti-discrimination laws. 

26.3. Application of this Policy

26.3.1. This policy applies to the Services of Mayfair Confidential, the Website and to all Advertisers and Users of Mayfair Confidential. 

27. Liability, Release and Indemnity

27.1. To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

27.2. Again to the maximum extent permitted by law, Mayfair Confidential (including its respective officers, employees, sub-contractors and agents both past and present) is not, whatsoever or in any way, responsible or liable for:

27.2.1. any loss or damages that is sustained or suffered to a person or entity (extending to property) including but not limited to consequential (including economic) loss, by reason of any act or omission (deliberate or negligent) by Mayfair Confidential (including its respective officers, employees, sub-contractors and agents both past and present) in connection with the Website, Services of Mayfair Confidential or any Advertiser or User;

27.2.2. the inaccessibility, visibility or unavailability of the Website and Services of Mayfair Confidential under any circumstance;

27.2.3. modification, upgrade, downgraded, delay, suspension or termination of the Services or Mayfair Confidential and the Website; and

27.2.4. any breach of these Terms and Conditions or law unless Mayfair Confidential does not make reasonable endeavours to rectify such breaches or contraventions. 

27.3. the Advertiser and User indemnify and keep indemnified Mayfair Confidential (including its officers, employees, sub-contractors and agents both past and present) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute which Mayfair Confidential incurs, suffers, pays or is liable for (now and in the future) in relation to:

27.3.1. any breach or contravention of these Terms and Conditions which extends to the failure to comply with these Terms and Conditions;

27.3.2. any breach or contravention of any law whether it be statute, common law, regulation or otherwise;

27.3.3. any act, omission or negligent act of the Advertiser or User which causes damage to Mayfair Confidential in anyway whether it be directly, indirectly, knowingly or unknowingly;

27.3.4. any act, omission or negligent act of the Advertiser or User, including, without limitation, sharing their information, images, operative name, financial information or passwords with third parties; and

27.3.5. Mayfair Confidential not doing (either at all or properly) anything which it is required to do under these Terms and Conditions or at law. 

27.4. The Advertiser and the User hereby release and understand / agree that Mayfair Confidential is not liable (now and in the future) for any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute which may arise from anything that Mayfair Confidential is required or permitted to do under these Terms and Conditions. 

27.5. In respect of the supply of adult services between the Advertiser and User, the Advertiser and User understand that certain risks and liability may arise from any arrangement, agreement or contract (whether it be written, verbal or otherwise) including but not limited to:

27.5.1. misconduct;

27.5.2. injury;

27.5.3. physical, mental, emotional or economic harm;

27.5.4. rape, sexual or other indecent assault;

27.5.5. theft;

27.5.6. death;

27.5.7. suicide;

27.5.8. permanent disability;

27.5.9. transmitted diseases, viruses or other pathogens;

27.5.10. harassment;

27.5.11. stalking;

27.5.12. bullying;

27.5.13. threatening or intimidating behaviour; and/or

27.5.14. defamation

(together known as the 'Risks')

27.6. Advertisers and Users understand, acknowledge and accept that in relation to Risks they accept all responsibility and liability. To the end, the Advertiser and User release Mayfair Confidential from, and indemnity Mayfair Confidential (now and in the future) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute that may arise from such Risks.

28. Disclaimer

28.1. The Advertiser and the User understand, acknowledge and agree that they have undertaken their own review, made their own independent enquiries and judgments in deriving a decision to paying Mayfair Confidential for the Services of Mayfair Confidential, including access and usage to the Website, in accordance with these Terms and Conditions.

28.2. In respect of the supply of Services of Mayfair Confidential by Mayfair Confidential, the Advertiser and User acknowledge that they have not relied upon any representation or warrant made by or on behalf of Mayfair Confidential. To this end, Mayfair Confidential gives no warranty or representation in respect to the supply of its services or the Website. 

28.3. To the extent permitted by law, any and all conditions and warranties implied by law (whether by statute or otherwise) in relation to Mayfair Confidential and the Services of Mayfair Confidential are expressly excluded to the extent that such exclusions are lawful.

28.4. Whilst the Advertiser and User must abide by these Terms and Conditions, the Competition and Consumer Act 2010 (formerly known as the Trade Practices Act 1974), which includes the Australian Consumer Law, respective State and Territory based fair trading legislation and other laws (whether statute or otherwise) in Australia may give the Advertiser and Users other legal rights on the basis of implied conduct, conditions, undertakings, warranties and guarantees. If any such law applies in respect to the Services of Mayfair Confidential or Website, for example consumer guarantees, then the Advertiser and User understand that they cannot be amended or excluded by law or by any agreement. 

29. Intellectual Property

29.1. Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website (Content). 

29.2. Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Website or the Content. However we do grant you a licence to access the Website and view the Content on the Terms and Conditions set out, where applicable, as expressly authorised by us and/or our third party licensors.

29.3. Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

29.4. All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law. 

30. No Commercial Use

30.1. This Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within this Website. You may not use this Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

31. References and Links to Other Websites

31.1. Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

31.2. Again from time to time on the Website, Mayfair Confidential may provide references, links and information to and from other websites. Such links and information is for the reference and convenience of the Advertiser and User. The Advertiser and User understand that this does not imply any arrangement, sponsorship, endorsement or approval between the owners of such other websites and Mayfair Confidential. 

31.3. Mayfair Confidential does not take any responsibility or accept liability for any of the content found on any other websites or information that may be contained on the Website which have been provided by third parties. An example in respect of the latter includes, without limitation, information or advice that is provided to the Advertiser or User or by a third party.

31.4. The Advertiser and User understand that that must make their own inspections and judgments before accessing other websites. Any directions, information or links to other websites on the Website is provided by Mayfair Confidential on a 'recommended' only basis rather than providing any advice.

31.5. The Advertiser and User releases and indemnifies Mayfair Confidential (including its officers, employees, sub-contractors and agents both past and present) against any loss, damage, expense, costs, actions, allegations, appeals, complaints, causes of action, arbitrations, liabilities, dues, claims, demands, suit, proceeding, verdicts, order of the court or tribunal, legal costs (whether on a party/party, indemnity basis or otherwise) and judgments either at law or equity or arising under statute that the Advertiser and User may incur in respect of accessing other websites or any advice the Advertiser or User might receive from a third party.

32. Termination, Suspension and Survival 

32.1. At any time and under any circumstances, Mayfair Confidential may terminate or suspend the agreement with the Advertiser or User pursuant to these Terms and Conditions.

32.2. Upon termination or suspension:

32.2.1. the Advertiser or User access will be removed from the Website by Mayfair Confidential; and

32.2.2. the Advertiser or User must strictly and immediately pay any outstanding Fees to Mayfair Confidential if applicable.

32.3. The Advertiser and User understand and agree that their obligations in these Terms and Conditions and otherwise will survive the termination or suspension of any agreement with Mayfair Confidential. 

33. Novation and Assignment

33.1. At its sole absolution discretion, Mayfair Confidential may at any time either novate or assign any or all of its rights, obligations and liabilities that may arise under these Terms and Conditions, Services of Mayfair Confidential and/or the Website.

33.2. Subject to the prior written consent of Mayfair Confidential, the Advertiser or User agrees that it is not entities to novate or assign (including purport to novate or assign) any of its rights, obligations or liabilities under these Terms and Conditions.

33.3. Mayfair Confidential reserves the right, at its sole absolute discretion, to deny or grant consent (including conditional consent) to the Advertiser or User under these Terms and Conditions. 

34. Rules of Acceptable Usage 

34.1. In respect of inconsistency, if there is a conflict between the Rules of Acceptable Usage and these Terms and Conditions, then these Terms and Conditions will prevail. 

34.2. The Advertiser and User understand and agree that whilst the Rules of Acceptable Usage form part of these Terms and Conditions.

35. Unacceptable activity

35.1. You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

35.1.1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

35.1.2. using this Website to defame or libel us, our employees or other individuals;

35.1.3. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

35.1.4. posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security. 

35.2. If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

36. Force majeure

36.1. Mayfair Confidential expresses, and the Advertiser and User acknowledges, that Mayfair Confidential is not responsible (and cannot be held liable) for any failure to perform due to unexpected, unforeseen circumstances or causes which are beyond the reasonable control of Mayfair Confidential including but not limited to acts of God, natural disasters such as floods, fire, hurricanes etc., riot, war, civil unrest, acts of military authority, embargoes, terrorism, fibre cuts, strikes, transport shortages, facilities, labour or materials, energy, fuel, failure of telecommunications, failure of information services infrastructure, failure of technological services, viruses, SPAM, hacking, failing of a server, electronic device software, or otherwise, including errors and omissions, for the duration of any such event that continues to delay the performances of the Website or Services of Mayfair Confidential.

37. Jurisdiction and governing law

37.1. Your use of the Website and these Terms and Conditions are governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

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