Your access and use of the services we (“GirlsExclusiveNZ”) provide on www.GirlsExclusive.co.nz (“our site”), is subject to the Terms and Conditions set out below. This is the contract between us that sets out how we provide:
- our advertising services described on our site to people who join GirlsExclusiveNZ as members (“members”), which enable them to advertise their services (“advertisements”) in return for payment to us;
- our site which allows people (“users”) to browse the advertisements.
We reserve the right to amend these Terms and Conditions at any time. Your continued use of our site after we have notified the amendments directly to you or on our site means that you accept those amendments. If you do not understand or want to be bound by these Terms and Conditions (including any amendments), do not use our site. A high level of etiquette is to be adhered to at all times. See further below.
Every member and user agrees that they are 18 years of age or older.
Both members and users should exercise caution when contacting and engaging with each other, particularly any individual with whom they are unfamiliar.
Copyright and other intellectual property
The images, text, logos, content, materials displayed and design features on our site are protected by copyright, trademark and other intellectual property laws in New Zealand and worldwide. We own all copyright and other intellectual property rights in our site other than material that a member uploads to their profile (“profile material”). Intellectual property in profile material is owned by each member. Each member grants to us a worldwide, irrevocable, royalty free, transferable licence to use and display their profile material but only for the purposes of providing our services. Content on our site (whether owned by GirlsExclusiveNZ or members) may not be used, distributed, published or copied for any reason or purpose without GirlsExclusiveNZ written permission other than as strictly necessary to view advertisements or otherwise use the site for its intended purpose.
Abuse and Harassment
No-one is entitled to use our site to:
- Abuse or harass anyone else. We have a zero-tolerance policy (see information disclosure policy).
- Try to interfere with the use of our site by anyone else.
- Copy or otherwise obtain data from our site other than to use our services.
Liability and Protection
GirlsExclusiveNZ is purpose built as an advertising platform for the use of members and users. We accept no responsibility for any damages, costs, or other liability whatsoever to any persons or property whatsoever as a result of using our site or the services of GirlsExclusiveNZ.
Despite the above, should we be found liable to a member, the maximum amount of our liability shall be a sum equal to the most recent payment made to us by that member. Our maximum liability to any user is NZ$100.
These Terms and Conditions, and their interpretation and termination, will be governed by the Laws of New Zealand. Members and users submit to the exclusive jurisdiction of the New Zealand courts to deal with any issues or disputes. While our site is potentially available to users anywhere on the internet, we are not specifically targeting users in the European Union or in other countries outside New Zealand.
In addition to the other terms in these Terms and Conditions, the following terms relate to members only:
- If you are a member you agree that you are a New Zealand Resident or hold the appropriate and relevant visa to work in New Zealand. GirlsExclusiveNZ does not support or condone the work of illegal immigrants or any breach of New Zealand immigration law.
- Please ensure that you read payment instructions thoroughly and carefully before submitting any transaction. Payments for GirlsExclusiveNZ will show on your bank statement as (MARKET TRADING/MARKET_TR). We do not accept international card payment, under any circumstance.
- GirlsExclusiveNZ reserves the right to refuse any member or advertisement and to suspend or terminate the provision of services to any member or group of members in the case of any breach of these Terms and Conditions, or for any other reason, or no reason. All advertisements will be moderated and may be refused if we consider them inappropriate for any reason.
- You agree you will supply current, accurate and authentic, up-to-date information for your advertisement on GirlsExclusiveNZ and will keep that profile material updated. Photos and/or videos are current, accurate and authentically you. It is in your best interests as an advertiser to keep up-to-date photos of yourself on GirlsExclusiveNZ and we recommend refreshing your photos at least once within a 12-month period. All photos and information supplied must be tasteful and comply with our nudity and non-explicit rules published on our site from time to time.
- We have photographers we can refer you to, should you not have your own. You are responsible for organising and attending your shoot and any costs and/or fees incurred are your responsibility. Your photo shoots are an investment in your advertisement and the copyright in them belongs to you (you should check that this is agreed with the photographer).
- GirlsExclusiveNZ reserves the right to suspend or terminate your access at any time. We are not obliged to give you notice or compensation.
- You, as the advertiser, agree to advertise only yourself individually on your advertisement. Should you wish to collaborate with another advertiser you will express advance permission in writing from GirlsExclusiveNZ. We will not collaborate with advertisers from other websites.
- We may provide a facility where members can communicate with each other and with us. That facility and our site must not be used or engaged with to defame, harass, bully, harm anyone (as the term “harm” is used in the NZ Harmful Digital Communications Act 2015 i.e., to cause them “serious emotional distress”). At all times members must be respectful to each other and to us.
You (the member/advertiser) must be the legal cardholder in every transaction you make with GirlsExclusive NZ, via PAYMARK. By declaring that you are the legal cardholder (name written on the card), you are implying that the card is yours and has been issued to you by your bank. Should you breach these terms by making a false declaration, you will be terminated by GirlsExclusive NZ immediately, without notice.
In addition to the other terms in these Terms and Conditions, the following terms relate to users only:
Users must be respectful to members. We may ban individual users or groups of users or all users from accessing our site at any time, temporarily or permanently, where there is any beach of these Terms and Conditions, or for any other reason, or no reason.
Please note that users use our site at their own risk and no warranties, representations or promises are made by us about the profile material of members or any other content on our site or as to the services which may or may not be provided by a member. We have no liability to users whatsoever and their sole recourse is against any member with whom they may consider they have an issue or dispute.
If any user or another person has a complaint about a member’s profile material or other third party content on our site, they should let us know by emailing us at INFO@GIRLSEXCLUSIVE.CO.NZ and we will consider and may deal with it in accordance with sections 24 and 25 of the Harmful Digital Communications Act 2015 and any other relevant law.
Our site is an advertising platform providing an advertising referral service for members which is able to be viewed by users. Our services are provided to members for business purposes and therefore the Consumer Guarantees Act 1993 does not apply.
GirlsExclusiveNZ IS NOT AN ESCORT AGENCY. We do not have walk-in premises. We do not provide sexual or prostitution activities – legal or illegal.
All profile material and other content provided by members is on an individual basis. We are not responsible for our members’ profile material or other content uploaded by them or anyone else to our site.
Any and all contact made between users and members is between them and does not involve us. We are not responsible and cannot be held liable for any claims or otherwise arising from contact between members and users.
Should our site ever become non-operational for unforeseen, technical and/or other reasons, we are not responsible or liable for any losses as a result. At times where we are undergoing scheduled maintenance we will try to give you advance warning. We aim to provide our service on a 24/7 basis but we cannot guarantee that and of course since we are providing our services over the internet they are subject to its availability, lack of security and performance variability.
We do not run a prostitution business but as a responsible provider of our site that enables members and users to make contact with each other if they wish, we note that section 9 of the New Zealand Prostitution Reform Act 2003 states:
- A person must not provide or receive commercial sexual services unless he or she has taken all reasonable steps to ensure a prophylactic sheath or other appropriate barrier is used if those services involve vaginal, anal, or oral penetration or another activity with a similar or greater risk of acquiring or transmitting sexually transmissible infections.
- A person must not, for the purpose of providing or receiving commercial sexual services, state or imply that a medical examination of that person means that he or she is not infected, or likely to be infected, with a sexually transmissible infection.
- A person who provides or receives commercial sexual services must take all other reasonable steps to minimise the risk of acquiring or transmitting sexually transmissible infections.
- Every person who contravenes the above provisions commits an offence and is liable on conviction to a fine not exceeding $2,000.