Terms & Conditions
Terms and Conditions of Site Use and Membership - For Members
PLEASE READ CAREFULLY
Last updated on 19 July 2010.
Welcome to ukescortsnow.com (the "Website", "Us") an interactive introductory service for both women and men, acting as a bridge between clients in need of professional escorts(herein after collectively referred to as the 'Service(s)').
Please read these terms and conditions carefully to be sure that you understand them.
Once you have completed your online registration procedure, your membership has been activated, payment made and you have entered into a legally binding contract for the provision of this service your details can then be accessed by users looking to employ men to provide the Services offered on this Website ("Clients").
1.1 You must be eighteen (18) years of age or over to register and apply for membership of ukescortsnow.com or use this Website. By using this Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. The services provided herein are for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service for any purpose
1.2 You are not permitted to register or join this Website, if you have (or subsequently acquire) any criminal convictions in any country (excluding driving offences) or have any history of, or develop any, mental illness.
1.3 By accepting these conditions you warrant and represent to us that:
1.3.1 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or
1.3.2 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).
1.3.3 If you are not able or not willing to abide by the terms of this Agreement and give the warranties and representations set out in clause 5.10 below.
1.3.4 You are in good health and will disclose on request whether you are HIV positive and/or carrying the HIV virus or other sexually transmitted or other contagious disease, virus, infection or illness.
2. CONTACT DETAILS AND CONTRACTING PARTY
This site is owned, run and administered by A Williams trading as "ukescortsnow.com" whose address is UK Escorts Now, Suite 3, 58, North Street, Bristol, Bristol, BS8 1HJ, and who is the contracting party to this Agreement. You can contact A Williams at this address
3. MEMBERSHIP AND SUBSCRIPTION
3.1 The various membership and price packages to join and have your details available for access on this Website for the provision of the Services are as shown on the http://www.ukescortsnow.com/portfolios.php page on the Website as may be varied from time to time.
3.2.To register and have your details made available on the Website, you are required to complete the registration form which is available at http://www.ukescortsnow.com/escort_registration.php on the Website (the "Registration Form") and supply your name, email address and all details required on the Registration Form together with confirmation as to which registration package you are requesting. We will notify you of our acceptance or rejection of your application. If accepted you will be required to telephone our administration office on 0871 987 1537 to obtain the details of our bank account (the "Account") or to supply us with credit card details. Should you decide to proceed with registration, you will be required to make the registration payment into the Account and provide proof of payment in the form of facsimile 0871 850 40 41 of the corresponding bank receipt. On confirmation from our bank that we have received cleared funds, we will provide you with an email confirmation of payment together with details of your membership.
3.3 Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount due or outstanding in our bank account
3.4 All prices are inclusive of any applicable VAT and any details given in relation to exchange rates are approximate only and may vary from time to time.
3.5 Without prejudice to your Cancellation Rights as set out in paragraph 4 below, all monies paid by you to Us are non-refundable in the event of cancellation and/or termination of this Agreement.
4. CANCELLATION RIGHTS
4.1 This Agreement shall be deemed to commence as from the date that the appropriate payment was made by you (or on your behalf) into the Account (the "Commencement Date").
4.2 Pursuant to the Consumer Protection (Distant Selling) Regulations 2000 (the "Regulations"), you are entitled to cancel this Agreement within 7 days as from the Commencement Date (the "Cooling Off Period"). In the event you wish to cancel within the Cooling Off Period, you must send Us written Notice, to be received by Us within the Cooling Off Period, as follows:
a. by letter (signed by yourself) addressed to ukescortsnow, Suite 3, 58 North Street, Bristol, BS3 1HJ.
4.3 PLEASE NOTE that if you choose to become a member and choose to enter the Web site and use the Website's services within the Cooling Off Period, you are electing to commence the Services immediately and you thereby waive any right to cancel the Services or this Agreement under the Regulations.
4.4. You may terminate your membership at any time, for any reason, effective upon receipt by us of your written or email notice of termination to the details given above. In the event of such termination no refund of monies paid will be given.
4.5. We shall be entitled to terminate your membership forthwith and your access to the Service in the event that you are in breach of any term of this Agreement. Notice of termination will be sent to you at the email address you provide in your application for membership or such other email address as you may have later provided. In the event of termination pursuant to this clause, no refund will be given. Our right to terminate this Agreement shall include, but not be limited to:
4.5.1 If you fail to make any payment to Us when due;
4.5.2 You fail to provide Us within the time limit requested by Us with sufficient information to enable Us to determine the accuracy and/or validity of any information provided by you;
4.5.3 In our reasonable opinion, any information supplied or posted by You is damaging or potentially damaging to the interests of our business or any of clients or other users of the site.
4.5.4 In the event that you become convicted of a criminal offence or are subject to any charge, arrest or accusation of disreputable conduct, which
may, in our reasonable opinion, jeopardise the good name of our business or may potentially be of concern to other users of the Web Site.
4.5.4 We receive a complaint or complaint(s) from other users about yourself, which we are entitled to act on entirely within our sole discretion and without the obligation to contact, or verify information with, you;
4.5.6 Should you be diagnosed or receive treatment for any form of mental illness
4.6 We reserve the right to make changes to the Web Site and/or the Services from time to time.
5. DESCRIPTION OF SERVICES AND OPERATION OF WEB-SITE
5.1 UK Escorts Now introduce professionals who are willing to offer their services to potential Clients. As a one-stop solution to a variety of needs, UK Escorts Now is committed to putting independent escorts in touch with interested clients.
5.2 To become a member, you are required to honestly and accurately provide, in adequate detail, all of the information requested on the Registration Form. On becoming a member, we will compile and advertise your profile on the Website and all information that we consider necessary in our absolute discretion. For the avoidance of doubt we make no representation, promise, warranty or guarantee that you will receive work from the Website or that any Client will view your profile/personal details.
5.3 You are required to update Us at any time your details change. We shall not be liable for any consequences of you failing to keep your details and profile up to date; we shall be entitled to terminate this Agreement in the event that you fail to do so. We reserve the right to review your profile from time to time and to amend and/or delete it if we, in our sole discretion, think that it should be amended and/or deleted.
5.4 In the event that a Client wishes to make contact with you, that Client will contact Us and provide their basic details, together with the relevant Services they require. On receipt of this request and information, we will pass this on to you at the email address you provided on your Registration Form or such other email address as you may have later provided. As soon as is reasonably practical, and within 7 days from receipt of this request, you are required to inform Us if you wish to make Contact with the Client, failing which we shall be at liberty to inform the Client that you are not available.
5.5 If you elect to be contacted by the Client, we will pass your contact details to that Client. You are not permitted to contact the Client until they have contacted you first and if they have given their permission, nor will you be given the details to contact the client by us.
5.6 In the event the Client contacts you, you may agree the terms for the provision of any Services as you think fit, such as price, time, dates etc. All terms and conditions of any contract between yourself and any Client are to be agreed solely between yourself and that Client a ("Contract"). We make no representation or warranty as to the suitability or sincerity of the Client or their ability to perform any part of a Contract. You agree to let the Client contact you entirely at your own risk.
5.7 You acknowledge that Clients will be able to view your profile.
5.8 We may copy and/or reproduce any information supplied by you to use or on the Website in any form and in any manner we wish.
5.9 If you post and/or disclose to Clients any confidential or sensitive information about yourself then you do so entirely at your own risk.
5.10 You warrant and represent to Us that all information posted by you:
a. is accurate, true, complete and is not misleading; and
b. Will be regularly updated by you so that it remains accurate, true, complete and not misleading.
6. YOUR USE OF THE WEB-SITE AND CONTENT POSTED ON THE WEB-SITE
6.1. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website are strictly prohibited. Any such use will be investigated and reported to the relevant authority if appropriate. In the event of such use, we shall be entitled to terminate this Agreement immediately without refund.
6.2 You are not permitted to supply, post or transmit any content (including emails or photos) via this Web-Site that in our sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users.
6.3 You are solely responsible for the content that you publish, transmit or display via the Website, or transmit to other members. You hereby agree to fully indemnify us for any liability, cost or expense incurred by us in respect of such content.
6.4 We are entitled to investigate and revoke a person's membership if a member has misused the Website service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal, to include but be limited to the following:
a. harassing or advocating the harassment of another person;
b. transmitting "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
c. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
d. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
e. displays pornographic or sexually explicit material of any kind;
f. provides instructional information about illegal activities such as the supply of controlled substances, violating someone's privacy, or providing or creating computer viruses;
g. solicits passwords or personally identifying information for commercial or unlawful purposes from other users; and
h. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
6.5 You must use the Website service at all times and in a manner consistent with any and all applicable laws and regulations.
6.6 You are not permitted to:
6.6.1 Post your personal details such as your telephone number, address and/or e-mail address or URL in your profile or any other information elsewhere which would allow Clients to contact you directly;
6.6.2 transmit and/or post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights in (including but not limited to intellectual property rights and/or privacy rights);
6.6.3 use the Website or your profile to promote another site, service and/or business in any way including but not limited to posting any personal e-mail addresses URL's and/or other personal telephone numbers via the site;
6.6.4 solicit other members' or Client's business, buy or sell products through the Website;
6.6.5 attempt to gain unauthorised access to any information available on the Website or to any of the networks used in providing the Website's services;
6.6.6 post and/or reproduce in any way any information and/or material in which the intellectual property rights belong to the Website or another party without first obtaining the prior consent of the owner of such rights;
6.6.7 copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other members' profiles) other than for the purposes contemplated in this Agreement;
6.6.8 in any way assign, transfer, part with and/or authorise any other person to use, your membership;
6.6.9 transmit and/or Post and/or email to another member or Client any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene; and/or
6.6.10 transmit and/or post and/or email to another member any information, pictures and/or any other material, which in the reasonable opinion of the site administrator is capable of offending other users' political and/or religious beliefs.
6.7 You are not permitted to introduce any individual introduced to you by Us, to any other person, organisation or business, with the view to, or understanding that, that person, organisation or business will or may enter into a commercial transaction with that individual for the provision of any of the Services or other services offered by this Web-Site.
6.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or the Services, use of the Services, or access to the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
7.1. YOUR USE OF THE WEB-SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEB-SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.
7.2. WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE WEB-SITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB-SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING THEREFROM.
7.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Further and for the avoidance of doubt:
7.5 We do not warrant that any of the information and/or material provided in the Website or pursuant to the Services is accurate.
7.6 We do not provide any warranty in respect of the Website or Services, results or availability of the Services. For the avoidance of doubt, we shall not be liable in the event you receive no request from Clients or if Clients do not view your profiles.
7.7 Information provided by all Clients on this Website are as provided by those individuals. We make no representation or warranty that any such information contained in any profile is necessarily correct and accurate.
7.8 We do not verify or check that the information provided by Clients are correct and/or are not misleading. We make no representation or warranty that the information contained in any Client profile is accurate. Accordingly, your reliance on such information is entirely at your own risk.
7.9 In the event that you are unsure of the accuracy of any information or details contained about any Client, you may, at your own cost and expense, carry out such investigation as you consider necessary to ascertain the accuracy of that information.
7.10 In the event you arrange any meetings with any person introduced to you by Us, you do so at Your own risk. You should take all such precautions, as you consider necessary to ensure your own safety.
7.11 You are solely responsible for your interactions with the Clients provided by this Web-Site. We reserve the right, but have no obligation, to monitor disputes between you and any one introduced to you by Us.
8. LIMITATIONS ON LIABILITY
8.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR OF ITS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) STATEMENTS OR CONDUCT OF ANY INDIVIDUAL SUPPLYING ANY OF THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE SERVICES.
Further, and for the avoidance of doubt:
8.2 We shall have no liability for any defect in the service provided by the Website howsoever caused.
8.3 We shall not be liable for any loss, harm or damage suffered by you howsoever caused in the event you have failed to pay any outstanding monies have not been paid in full by the due date for payment.
8.4 We shall not be liable for any loss, harm or damage suffered by you as a result of your reliance on any information and/or other material provided in any Client profile or posted on the Website.
8.5 We shall not be liable for any loss, harm or damage suffered by you as a result of any use or unauthorized misuse of information and/or other material posted by you on the Website and/or to any individual introduced to you by Us.
8.6 Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and apply as a separate provision for each of:
a. Liability for breach of contract;
b. Liability in tort (including negligence); and
c. Liability for breach of statutory duty;
8.7 We shall have no liability to you for any delay in performance of the Website service or the Services and/or any other matters to the extent that such events and/or matters are due to any events outside our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
8.8 We shall have no liability to you for any conduct of any person introduced to you by Us. All meetings are made entirely at your own risk. You should take all such precautions, as you consider necessary to ensure your own safety.
8.9 Nothing in this Agreement shall exclude or limit our liability for death or personal injury due to negligence or any liability which is due to fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
9.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to your use of this Website and/or the Services and/or arising from or due to any claim or breach of the terms of this Agreement or any tortious act and/or omission and/or any breach of statutory duty by you.
9.2 In the event that you have any claim or action against any Client or individual arising from your use of the Website or the Services, you agree to pursue such claim or action independently of and without any demands from us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.
11. PROPRIETARY INFORMATION
This Website contains information that is proprietary to our partners, our members and us. You may not modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of the owner of such information.
12. MODIFICATIONS OF THIS AGREEMENT
We may alter or amend our terms and conditions upon giving reasonable notice in advance of such amendment taking effect. If upon receiving any notice, if you do not wish to continue with this Agreement, you may terminate it upon giving us notice, such notice to take effect upon the earlier of our receipt of your notice or the date upon which the amended terms and conditions would otherwise have taken effect. You will be deemed to have accepted any alteration and/or amendment if you continue to use the Service after the relevant period of notice has expired.
13.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
13.2 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.
13.3 This Agreement contains the entire agreement between you and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
13.4 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
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