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Terms & Conditions

Please read these Terms and Conditions (“Terms”) carefully before using our (“Service”) which includes digital and online website located at www.platinumsilk.com.au (“Platform”) and emails, which is owned and operated by SABE Invest Corp Pty Ltd (“Platinum Silk”, “We”, “Us”, “Our”).

Platform (“Users”) includes (“Clients”), (“Advertisers”), users, visitors, and others, access to and use of the Service which is conditioned on your acceptance of and compliance with these Terms. These Terms apply to and/or use of the Service and form a contract between Platform Users and Us (“Agreement”). By downloading, accessing or using the Service, you agree to be bound by and accept the Terms in this Agreement. You acknowledge and agree that continued access to and/or use of the Service signifies your continued acceptance of these Terms and any changes to them.

Age Restriction

Only individuals and/or Agencies who meet the following minimum age requirements may access and/or use the Service:

  • Australia: 18 years and older.

Should you not agree with any or all of the Terms then you must not access and/or continue to use the Service.

Capacity of the Service

Platinum Silk is an online advertising platform for independent Sex Workers and Agencies (“Advertisers”) in the Adult Industry to advertise their services and electronically connect with other Advertisers, Users or visitors within or by accessing the Platform.

We are not involved, own, participate, create, control, manage, oversee, deliver, supply, sell or resell any Advertiser services listed on the Platform. We are not a party to or participant in any relationship or contractual agreement either verbal or written between Advertisers and Users utilising the Platform, we are simply an online interface that provides the ability for Advertisers and Users to communicate with each other.

Corporate Social responsibility (CSR)

Our business model and concerted effort is to operate, engage, promote and communicate practices of ethical and moral responsibility for all Advertisers and Users of our Platform, employees and third parties, which encompasses the fair treatment of each other, anti-trafficking, identifying, preventing and reporting instances of exploitation in compliance with the Modern Slavery Act 2018.

Our commitment to integrity and professionalism is sound, and we firmly stand against all forms of human trafficking and exploitation. We operate in strict compliance with all Australian Federal, State and Territory laws, which have been enacted to protect individuals from being exploited. With a comprehensive verification process implemented, we not only conduct photo verification but reserve the right to request identification such as a Drivers Licence or Passport randomly, or if you are suspected to be under 18 years of age as to ensure the safety and consent of all individuals associated with our services. We actively cooperate with law enforcement and other organisations to combat sex trafficking and support the welfare of all individuals.

Our Modern Slavery Statement has been voluntarily submitted to the Australian Border Force and can be viewed using the following: Modern Slavery Statement.

Incorporation of related terms

These Terms incorporate our Privacy Policy, Copyright Policy and guidelines related to the Service, in conjunction with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act (Cth)(“Australian Consumer Law”), that appears on or is linked to the Service.
Should any provisions in the terms, conditions or policies listed above conflict with these Terms, these Terms will apply in conjunction with any “Change” to the Terms as referred to below at clause 5.

Changes to Terms

SABE Invest Corp Pty Ltd reserves the right, at its sole discretion, to modify or replace (“Change”) these Terms at any time. Should such a change to the Terms occur, you acknowledge and agree that by continuing to access or use the Service after such a change becomes effective, you are bound by the revised terms.

Use of the Platform

By agreeing to the Terms which includes our Privacy Policy, entitles you to access, create an account with us (“Account”) and use of the Platform, and forms a contractual agreement between you as the User and us.

Advertisers on the Platform

As an Advertiser using the Platform, you serve as the authority, agree and adhere to the following:

  • You are 18 Years or older;
  • You and/or all your employees, contractors or third party providers of your Agency advertised and procured through your Advertiser listing are 18 Years or older;
  • You are of “sound mind” and capacity to enter the agreement;
  • Your use of the Platform is in accordance with all Australian Federal, State and Territory laws and regulations for your service location;
  • Creating and publishing an Advertiser’s listing information, advertising of your services and use of encrypted “Direct Message” communication with Clients is done at your own risk. We accept no liability or control over the information or services contained within an Advertiser listing and provide no guarantee or warranty to the factual nature of the information;
  • We are not involved, a party to or participant in, any verbal or written contractual agreement between Advertisers and Users of the Platform;
  • You do not hold us liable for any incidents as a result of using the Platform;
  • When an incident or issue occurs with another User, including injury, theft, damage or any loss, you are to report the incident to us via email admin@platinumsilk.com.au within 7 business days and acknowledge that we are under no obligation to provide resolution, action and are not liable to you in any respect whatsoever;
  • We do not represent, guarantee or ensure the safety, availability, existence, suitability or legality of any Advertiser or Advertiser’s services and/or listing;
  • You ensure secure storing and access of your Account username and password at all times, you are responsible and liable for all communications, actions and services undertaken through your Account;
  • Your Account, access and use of the Platform is non-transferrable;
  • We reserve the right to provide or deny access to the Platform at any time and for any reason without notice;
  • Any request to change or amend any Advertiser profile listing information from time to time or if required;
  • To edit or crop any Advertiser listing material such as graphics, images, videos and information to improve the Advertiser listing, fit the Platform layout or does not comply with Australian Federal, State or Territory laws;
  • Your right to upload any pre-blurred images to your Advertiser profile listing however, the verification image uploaded and not visible on your listing, must be a clear image, unblurred and body match for verification purposes and profile listing approval;
  • You authorise us to publish graphics, images and any information created, inputted, saved and/or uploaded on your Advertiser profile listing on the Platform and any other websites or platforms such as social media accounts owned and managed by Platinum Silk;
  • We may but are not obliged to monitor, review, edit, modify, remove or report content, data or information listed, created, generated or transmitted on the Platform;
  • You hold and maintain licences, consent and approvals to lawfully advertise and provide sex work services in the relevant location where your services are advertised;
  • You agree we are not obliged to confirm the identity or details of any Platform Advertisers or Users;
  • You are responsible for all created listing contact, graphics, images, videos and service information changes, currency and accuracy on your Advertiser profile listing at all times;
  • If a complaint is received regarding the authenticity of an Advertiser profile listing and/or material, Platinum Silk may request Identification verification, failure to comply will result in terminating your Account;
  • Your Advertiser profile listing graphics, images and information complies with all Australian Federal, State and Territory anti-discrimination and exploitation laws;
  • In order to create an Advertiser profile listing you must provide and upload a verification image as instructed on the Platform subscription page; failure to adequately provide a reasonable likeness will delay or possibly terminate your Account as per clause 9c) VIII;
  • We may randomly or upon suspicion request identification such as a Drivers Licence or Passport to confirm your age of 18 years or older, failure to comply will result in termination of your account as per clause 9c) VIII;
  • You indemnify Platinum Silk against all liability of loss or damages as a result of not adhering to the Terms.

Clients and Users on the Platform

As a Client and/or User using the Platform, you serve as the authority, agree and adhere to the following:

  • You are 18 Years or older;
  • You are of “sound mind” and capacity to enter the agreement;
  • Your use of the Platform is in accordance with all Australian Federal, State or territory laws and regulations for your location;
  • If you choose to Create a “Client” profile and upload an image, information and use of encrypted “Direct Message” communicate with Advertisers, it is done at your own risk. We accept no liability or control over the information or services contained within an Advertiser profile listing and provide no guarantee or warranty to the factual nature of the information;
  • We are not involved, a party to or participant in, any verbal or written contractual agreement between Advertisers, Clients and Users of the Platform;
  • You do not hold us liable for any incidents as a result of using the Platform;
  • When an incident or issue occurs with an Advertiser, including injury, theft, damage or any loss, you are to report the incident to us via email admin@platinumsilk.com.au within 7 business days and acknowledge that we are under no obligation to provide resolution, action and are not liable to you in any respect whatsoever;
  • We do not represent, guarantee or ensure the safety, availability, existence, suitability or legality of any Advertiser or Advertiser’s services and/or listing;
  • You ensure secure storing and access of your Account username and password at all times, you are responsible and liable for all communications, actions and services undertaken through your Account;
  • Your Account, access and use of the Platform is non-transferrable;
  • We reserve the right to provide or deny access to the Platform at any time and for any reason without notice;
  • Any request to change or amend your Client listing information from time to time or if required;
  • To edit or crop any Client listing material such as graphics, images, videos and information to improve the Advertiser listing, fit the Platform layout or does not comply with State, Territory or Australian laws;
  • Your right to upload any pre-blurred images to your Client profile listing;
  • We may but are not obliged to monitor, review, edit, modify, remove or report content, data or information listed, created, generated or transmitted on the Platform;
  • You agree we are not obliged to confirm the identity or details of any Platform Advertisers or Users;
  • You are responsible for all created Client listing contact, images and information changes, currency and accuracy on your Client profile at all times;
  • You are responsible for any information, arrangement, interaction and communication through, on, or as a result from using the Platform, usage is at own risk.
  • If a complaint is received regarding a Client profile and/or material, Platinum Silk may report any unlawful conduct to the relevant authorities and immediately terminate your Account;
  • Your Client profile including graphics, contact, images and information complies with all Australian Federal, State and Territory anti-discrimination and exploitation laws;
  • You indemnify Platinum Silk against all liability of loss or damages as a result of not adhering to the Terms.

Prohibited Use

Use of the Service is limited to the intended functionality. The Service shall not be used in any way that:

  • Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party;
  • Is unlawful, fraudulent, deceptive, defamatory, discriminatory, threatening, harmful, inflammatory, or otherwise objectionable;
  • Any action that contradicts our Privacy Policy and inhibits privacy of Users on the Platform, or is intended to harass, stalk, intimidate, threaten, discriminate or blackmail;
  • Uses technology or other means to access unauthorised content or non-public spaces;
  • Creates a User account through unauthorised means, by use of an automated system or device, script, bot, AI (“Artificial Intelligence”) or other similar processes;
  • Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Restricts, inhibits, blocks or prevents another User from joining and/ or utilising the platform;
  • Attempts to gain unauthorised access to the Service User accounts;
  • Encourages conduct that would constitute a criminal office, or that gives rise to civil liability;
  • Infringes copyright or intellectual property rights, contractual or proprietary right of another User of the Platform or Third Party;
  • Distributes or sends communications to other Users either within the Platform (or publicly visible on the Platform) that contain unsolicited messages, spam, false information, forged, copyrighted material, misleading information, harassment or malice (Including Email bombing, trolling, doxware or harassment in any form or manner through language or frequency);
  • To collect or harvest information about other Users of the Platform including Registration and Profile information, without their consent;
  • Violates or discourages adherence to these terms in any manner; or fails to comply with applicable Third Party Terms and Conditions or other Third Party policies.

Advertiser Subscriptions

  • Platform subscription fees are payable only in Australian Dollars ($AUD), and are required to be paid for Platinum, Gold and Silver Tier Advertiser profile listings, in advance and prior to an Advertiser profile listing being published on the Platform, and on a monthly basis if auto-renew is selected (“Subscription Fee”);
  • We hold and reserve the right for any amendment and/or change to Subscription Fees at any time, and will notify Advertisers prior, within reasonable timeframe before they come into effect. Any change to a Tier Subscription Fee will not come into effect until the monthly subscription has expired or prior to renewal;
  • From time to time, we may provide and send out subscription discount codes, these are one time use and non-transferrable;
  • Platinum, Gold, Silver and Bronze Subscription Tiers and Fees are listed on the Platform link (“Pricing”) including Featured Advertiser additions;
  • Subscription Fees are non-refundable.

Advertiser Payment Terms

  • Advertiser Subscription fees as listed on the Platform are included in this agreement, and may be paid for by using a valid credit or debit card through our Third Party Payment Gateway (“TPP”) which utilises secure and encrypted technology;
  • Subscription Fees are inclusive of GST as per the Goods and Services Act 1999 (Cth). SABE Invest Corp Pty Ltd is registered for GST and GST is payable for all Subscription Fees under this Agreement;
  • Advertisers are responsible for any banking or merchant Third Party providers extra fees associated with providing payment through our TTP;
  • Advertisers are required to ensure their nominated Payment Method has sufficient funds for Subscription fee payment. Any Subscription Fees which are not received in advance will result in an Advertiser profile listing being removed, cancelled or terminated from the Platform;
  • Advertisers fully accept liability for any charge back, bank, account overdraw or administration fees as a result of transacting Subscription fee payments;
  • We may change our TTP at any time. Any loss of service may be temporary but unavoidable, and you indemnify Platinum Silk against all liability in the event of any such occurrences;
  • We hold and reserve the right to cancel, delay or prevent any payment for purposes relating to the prevention of unlawful acts, security, fraud or User concerns.

Cancellation and Refunds

  • As a result of the violation of these terms by you, no refunds will be provided if an Advertiser account is cancelled or terminated by us;
  • If an Advertiser changes their mind or chooses to cancel their subscription before expiry, no refund will be provided for the remaining period of the subscription;
  • The Platform does not facilitate payments for services or refunds between Advertisers, Clients and/or Users. We are also under no obligation to resolve or mediate any disputes between Advertisers, Clients and/or Users.
  • Clients and Users accept that the Platform has no control over services provided by an Advertiser including direct payment, cancellations, refunds or refusal of services by an Advertiser.
  • If at any time, the Platform experiences or suffers a loss of service that constitutes a failure by us or we are considered to be at fault and unable to meet guarantees provided under the Competition and Consumer Act (Cth)(“Australian Consumer Law”), an Advertiser will be entitled to cancel their subscription and receive a refund for Services not rendered, within 7 days upon receiving request notification.

Termination

SABE Invest Corp Pty Ltd (Platinum Silk) may terminate or suspend access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you are considered to be engaging in Prohibited Use or any breach of the Terms.

All Users shall remain obligated to complete the outstanding payment for any Subscription Fee incurred before Subscription termination date.

All provisions of the Terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SABE Invest Corp Pty Ltd (Platinum Silk) reserves the right to:

  • Terminate our relationship with a User without notice or warning and with immediate effect if a User, in anyway, breach the Terms.
  • Cease operating our Services including the Platform, without notice and for any reason.
  • Terminate our relationship with a User without notice and immediate effect if we consider you have:
  • Falsely or misrepresented your services advertised including images, videos and services rendered or conduct bait advertising;
    • Used images, videos, Intellectual Property or copyrighted material owned by a third party;
    • Sent another person in the Advertisers place representing an Advertiser listing;
    • Referred other Users to another advertising directory or other website not listed on a User profile on the Platform.
    • Sent harassing, abusive or inappropriate language to customer support during communications.
    • Caused by means or contributed to a Third Party or other User taking legal action against SABE Invest Corp PTY LTD for any act, omission or negligence on the part of the Advertiser.
    • Failed to upload sufficient quality images, videos and/or information on your Advertiser listing.
    • Failed to participate or provide a sufficient image during the Verification process or comply with identification age verification request in order for an Advertiser profile to be listed and/or the process fails;
    • Caused a valid complaint from another User or Third Party.
    • Causes harm to another User including verbal or physical abuse, assault or doxing.

If Termination of an Advertiser or Client listing and/ or profile occurs, the User will immediately cease to have access to the Platform and we will remove and delete all images, videos and content associated with the User, however, we will not be held liable or responsible for the visibility or access to the Advertisers material on Third Party search engines and/ or platforms.

The User agrees that we will not be held liable for any costs, losses and or damages resulting from terminating a User’s access to the Platform.

Indemnity and Limitation of Liability

You agree to hold harmless and indemnify the Service and SABE Invest Corp Pty Ltd, from all claims or causes of action, liabilities, damages, costs, fines, penalties and expenses, occurring from or related to the use or misuse of the Service, breach of these Terms or breach of any rights of a third party or allegation thereof.

You acknowledge and agree that in the event that any of the circumstances described below at clauses 12(a)-(l) occur your soul remedy is to cease use of the Service.

To the fullest extent allowable under Australian Law, in no event shall the Service and SABE Invest Corp Pty Ltd, its directors, officers, employees, contractors, agents or anyone involved in developing, creating, hosting or providing this Service –

  • Be liable to you with respect to the use of this Service;
  • Be liable for any User content including images, videos, services or material listed on the Platform;
  • Be liable for the conduct of Users;
  • Be liable to you for any direct, indirect, special or incidental, consequential damages, or damages for loss of profit, theft or corruption of User information, the inability to use the Service, or User device, tablet or computer failure or malfunction;
  • Be liable for damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm or other harm;
  • Be liable for any User services provided, interactions, fees or payments between, products, income tax, registration, subscription or insurance in relation to Advertisers services listed true or false on the Platform;
  • Be liable for any occupational health and safety issues or incidents in relation to an Advertisers services provided from an Advertisers listing or profile on the Platform;
  • Be liable for any interactions between Users and/or persons, including any harm suffered or injury arising from any interaction, arrangement, verbal or written contract including permanent disability, theft, assault or sexual assault, misconduct, harassment, defamation, stalking, suicide, sexually transmitted diseases or death;
  • Be liable for any unlawful acts against a User by another User, visitor, person, company, business, agency or entity;
  • Be liable for any unauthorised creation, access or use of personal information, User account or content;
  • Be liable for any User breaching or failing to comply with the Terms;
  • Be liable for any User breaching or failing to comply with applicable Australian, State and Territory Laws.

Pursuant to Subdivision B, s60 to s63, Schedule 2 of the Competition and Consumer Act (Cth)(“Australian Consumer Law”), guarantees relating to the supply of services are adhered, however, in respect to services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption pursuant to s64A of Schedule 2 of the Competition and Consumer Act (Cth)(“Australian Consumer Law”), our liability for breach of a guarantee is limited to the re-supply of the service or direct cost of having the service re-supplied.
We reserve the right to assume exclusive control over any legal matter relating to or mentioning the Platform and/or Services provided to a User, otherwise subject to indemnification by a User, in such case, a User agrees to cooperate with our defence of such a claim, at our own expense.

Links to Other Web Sites

The Service may contain links to third-party web sites, data, or services that are not owned or controlled by SABE Invest Corp Pty Ltd. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third- party website, data, or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use through any such websites or services. We strongly advise that you read the terms and conditions and privacy policies of any third party websites or services that you visit.

No Warranties

You acknowledge and agree that you are using the Service at your own risk and to the fullest extent applicable at law, SABE Invest Corp Pty Ltd disclaims all warranties whether express or implied including any warranties that the Service is reliable, accurate, fit for a particular purpose or need, free of defect or able to operate on an uninterrupted basis, or that the use of the Service by you is in compliance with laws, or that User information transmitted in connection with the Service will be successfully, accurately or securely transmitted.

Dispute Resolution

In the event of any controversy, claim or dispute arising out of relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, the parties agree to attempt to resolve such dispute through consultation and negotiation in good faith and a spirit of mutual cooperation.

If such dispute cannot be resolved within 30 days of the commencement of such consultation and negotiation, such dispute shall be submitted to mediation through the submission of the controversy to a reputable alternative dispute resolution (“ADR”) organisation for mediation. The mediation process shall be conducted in accordance with the ADR procedures and rules.

The parties agree to participate in any mediation sessions in good faith and make reasonable efforts to resolve the matter through mediation. If the dispute cannot be resolved through mediation within 60 days from the date when mediation is initiated, then the parties may proceed to formal dispute resolution through the filling of a legal action in court.

Copyright

The Platform original content, logo, graphics, design, compilation, magnetic translation, digital conversion, trademarks and other proprietary property (including but not limited to intellectual property) and other matters related to the Platform are protected under the Copyright Act 1968 (Cth). The copying, reproduction, adaptation, redistribution, use or publication by you of any such matters or any part of the Platform is strictly prohibited, except as expressly permitted under these Terms. You do not acquire ownership rights to any content, information, graphics or materials viewed through the Platform. The posting or listing of information or materials on the Platform does not constitute a waiver of any rights in such information and materials. Some of the content on the Platform may be copyrighted work of Third Parties.

The Advertiser grants SABE Invest Corp Pty Ltd with a worldwide, royalty-free, non-exclusive, irrevocable licence to reproduce, copy, redistribute, transmit and publish the Advertisers’ profile listing material including graphics, images, videos, and public information (as detailed in the Privacy Policy) for the purposes of promoting the Platinum Silk Platform and Services, and agrees, the Advertiser holds the authority to grant such a licence. The Advertiser and User indemnifies SABE Invest Corp Pty Ltd against all copyright and intellectual property infringement.

Intellectual Property

The Platform and its original content, trademarks, patent, trade secret, features and functionality are owned by SABE Invest Corp Pty Ltd and are protected by the Copyright Act 1968 (Cth), international copyright, the Trade Marks Act 1995 (Cth) and other international property or proprietary rights laws. Unauthorised use of Platinum Silk copyright and trademarks, is prohibited and SABE Invest Corp PTY LTD reserves the right to take legal measures to protect its intellectual property.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. SABE Invest Corp Pty Ltd failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of the remaining terms. Failure of SABE Invest Corp Pty Ltd to exercise or enforce any term or right of these Terms shall not constitute a waiver of such.

Privacy

We collect several different types of information for various purposes to provide and improve our Service to you. By agreeing to these Terms, you also agree to our Privacy Policy.

Disclaimer

SABE Invest Corp Pty Ltd makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Platform or the information, products, services, or related graphics contained on the Platform for any purpose including Advertiser profile listings and Client profiles. Any reliance you place on such information is therefore strictly at your own risk.

SABE Invest Corp Pty Ltd disclaims all liability and responsibility arising from any reliance placed on such materials by any User or visitor to the Platform, or by anyone who may be informed of any of its contents.

The Platform may include content, comments and opinions provided by Third Parties. SABE Invest Corp Pty Ltd does not assume any liability for any inaccuracies, errors or omissions in the Third Party or User content on the Platform.

SABE Invest Corp Pty Ltd does not endorse any content, opinion, recommendation, reviews or advice expressed therein. Reliance on any Third Party content, graphics, advice, reviews or information on the Platform is solely at your own risk.

Contact us

If you have any questions about these Terms, please contact SABE Invest Corp Pty Ltd via email: admin@platinumsilk.com.au or by letter at PO Box A2518, Sydney, New South Wales, Australia.