Terms & Conditions

1. Overview

(a) We at A Gentleman Caller thank you for using our services. Our primary offerings include a digital and online platform that advertises escort services through our website and emails, collectively known as our “Service.”.

(b) Our website at www.gentlemancaller.com.au (the “Platform”) comprises our online platform. A Gentleman Caller Ltd. (“A Gentleman Caller”, “we”, “us”, “our”) owns and operates the Platform. Please read these terms and conditions (“Terms”) carefully, as they constitute an agreement (“Agreement”) between Platform users and us. By using the Platform, you agree to and accept the Terms of this Agreement.

(c) This Agreement, our Privacy Policy and all policies and guidelines related to the Service, together with the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), constitute the entire agreement between you and us. You must immediately stop using the Platform if you do not accept any of the Terms in this Agreement.

(d) We may modify these Terms at any time. By continuing to use this Platform, you agree to accept the Terms as updated.

2. The Range of Our Services

(a) Our Platform is a digital marketplace that connects Users, people seeking escort services, and Advertisers, providers offering those services. For the purposes of this agreement, both Users and Advertisers are considered Members of the Platform.

(e) We act as an intermediary between Members and our role is limited to facilitating access to the Platform and to the escort services offered by Advertisers (“Advertiser’s Service”) on the Platform.

(f) In providing our Service, we aim to:

(i) ensure the security, reliability and privacy of the Services and our Members;

(ii) maintain an image and reputation of A Gentleman Caller as a responsible provider of escort services; and

(iii) to promote responsible use of our services, and discourage any degrading, libelous or illegal uses of the platform.

(g) The company does not own, create, sell, resell, provide, control, manage, deliver, or supply any products or services advertised on the Platform.

(h) When a User hires an Advertiser after viewing the Advertiser’s profile on the Platform, the User and Advertiser enter into a legally binding contract.

(i) We do not become a party to, or participate in, any contractual relationship between Members. We are not acting as an agent or employer in any capacity for any Member.

(j) We have taken reasonable steps to ensure our Platform, Service, and content comply with all applicable anti-discrimination laws in each State and Territory. Our goal is to avoid any discriminatory portrayal of people or material based on ethnicity, race, gender, age, sexual orientation, disability, political/religious beliefs, or other protected attributes. If you believe any aspect of our Platform or Service violates anti-discrimination laws, please contact us promptly so we can address the issue.

3. Registration and Access to Service

3.1 Member Use

By accessing the Platform and using our Service as a Member:

(a) By accepting these Terms and our Privacy Policy, you form a contractual relationship with us.

(b) You declare and guarantee that:

(i) you are at least 18 years of age;
(iv) you have the authority to agree to and comply with this Agreement;
(v) you will use the Platform lawfully and per A Gentleman Callers policy; and
(vi) If an incident, including but not limited to any loss, damage, or injury, occurs during the provision of an Advertiser’s Service to a User, you must notify A Gentleman Caller of the incident via email within 5 business days, even though you acknowledge that A Gentleman Caller has no obligation to be involved in resolving the incident and will not be liable to you for any resulting loss, damage, or injury.
(i) we do not participate in or have any contractual relationships with the Members.
(vii) we cannot control how Members behave or how you interact with them (whether in person or online). Obtaining any Advertiser’s Service is at the User’s and Advertiser’s own risk. You should always be cautious and careful when using the Platform;
(viii) we make no guarantees regarding the existence, availability, appropriateness, legality, or safety of any services advertised;
(ix) you are responsible for always maintaining the confidentiality of your Registration Information and for the activity that occurs under your Account;
(x) your access to and use of the Platform is non-transferable;
(xi) we may deny anyone access to an Account, our Service, or the Platform at any time and for any reason without notice;
(xii) we reserve the right, but are not obligated, to monitor, review, verify, edit, modify, or delete material, content, data, or information that Members create, generate, or transmit through the Platform (“User Content”, which includes Advertisers’ Material as defined below). However, we do not control or guarantee the accuracy or completeness of User Content.; and
(ii) disregarding legal requirements, we have no obligation to verify the identities of Platform users, including Members;

3.2 Advertiser Use

(a) To gain access to our Service as an Advertiser, you must register for an account with us (“Account”) and accept these Terms and our Privacy Policy, which forms a contractual relationship between you and us.

(k) To use our Service, you must provide current, complete, and accurate contact information and other optional details such as your working name, phone number, valid email address, and password. This is referred to as your Registration Information.

(l) To access the Platform, you may need to provide identification documents like an ID card or passport to our administration services. You confirm that:
a) All information given to the admin is true, accurate, current, and not misleading.
b) You will follow the admins terms and conditions that you have read and understood before accessing or giving it information.
c) Any identification given is not owned or stored by us, only held by the admin, and will be discarded when the information becomes irrelevant.
d) We may refuse Platform access if you do not follow this clause.

(m) To maintain accurate records, promptly update your Account if any of your Registration Information changes.

(n) When you access the Platform and use our Service as an Advertiser, you agree to and accept the following:

(i) you confirm that you are 18 years of age or older and will not claim to be under 18;
(ii) you are independent and not working for or associated with any escort agency;
(iii) you own and have full rights to any information or material that you post to our platform, such as photographs or videos (referred to as “Advertiser’s Material”). This Advertiser’s Material relates solely to you, and no third party has any rights to it;
(iv) you shall not impersonate or pretend to be someone else;
(v) all information and material that you post to the Platform relates only to you;
(vi) you will not send another person in your place for any appointment;
(vii) you will not promote or direct users to any other advertising platform, website, or directory for escort services, nor will you use our platform for those purposes. Additionally, you and any affiliated entities do not have any competing interests in other websites, businesses, or platforms that rival our services or company.;
(ix) an Advertiser profile may be deregistered or deleted by a Gentleman Caller at any time for any reason without liability;
(xiii) there is no relationship of agency, employment, or independent contracting between A Gentleman Caller and the Advertisers. A Gentleman Caller and the Advertisers expressly deny any contractual or implied association in which the Advertisers are agents or employees of A Gentleman Caller; and
(x) A Gentleman Caller does not guarantee how frequently Users will contact Advertisers.

4. Platform Use

4.1 User Use

By accessing the Platform, you must:

(a) use the Platform for only lawful purposes;

(o) not commit any act or engage in any practice that:

(i) damages our systems, reputation, or goodwill; or
(xiv) goes against with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware, or any other code of a destructive or disruptive nature;

(p) do not create accounts with us through unauthorized means, such as using an automated device, script, AI, bot, or other similar methods;

(q) not restrict, or attempt to restrict, another user from using the Platform;

(r) not facilitate or encourage violations of the Terms;

(s) not send communications or distribute that contain:

(i) spam, chain letters, fraudulent goods, or pyramid schemes;
(ii) false, forged, or misleading information; or
(iii) sending an excessive number of messages or using abusive language with the intent to harass, provoke, or annoy others (such as “mailbombing” or “trolling”) constitutes harassment and will not be tolerated;

(t) not gather or obtain information about others, such as Registration Information, without their permission;

(u) not circumvent or disable any security measures designed to prevent unauthorized access to our Service;

(v) not interfere with, transmit, sell, host, store, or post any material on the Platform that interferes with another member’s privacy, harasses, intimidates, acts violently or inappropriately toward, discriminates against, or is unlawful, defamatory, threatening, harmful, inflammatory or objectionable; and

(w) not violate any intellectual property rights or other contractual or proprietary rights belonging to another Member or third party.

4.2 Advertiser Use

(a) The Advertiser acknowledges and agrees to the terms set forth by A Gentleman Caller:

(i) A Gentleman Caller will publish the photographs, information, and other material supplied by the Advertiser on the Platform and any other websites or platforms A Gentleman Caller manages, to promote the Services;
(ii) requiring an Advertiser to periodically update its registration information or use an alternative method to access the site;
(iii) the Advertiser’s Material may be cropped or edited to enhance the Advertiser’s listing or adapt it to fit the Platform’s layout;
(iv) publishing the Advertiser’s Material as it is received Advertiser unless told otherwise by the Advertiser in writing at the time of providing the Advertiser’s Material;
(v) before displaying the Advertiser’s Material on the Platform, A Gentleman Caller will review and approve it, requesting amendments from the Advertiser if the material does not comply with relevant State, Territory, or Commonwealth laws. If the Advertiser fails to comply with such requests, A Gentleman Caller may refuse to display or may remove the material from the Platform without compensating the Advertiser.

(b) The Advertiser warrants that:

(i) they have secured and will maintain all necessary consents, licenses, and approvals to legally advertise and offer escort or sex work services in the location where they promote or deliver those services;
(ii) their advertisement complies with all relevant state and territory laws in the location where they are advertising or providing services, including all relevant anti-discrimination laws in both the Advertiser’s materials and services;
(iii) they will compensate A Gentleman Caller for any claims, losses, or damages that result from the advertiser breaching clause.

(i) responsibility for the personal content and any changes made to the content of their personal website that was purchased and made available through the Platform;
(ii) the A Gentleman Caller logo is acknowledged as part of the personal website layout and must not be removed;
(iii) A Gentleman Caller retains all intellectual property rights in his personal websites;
(iv) the personal website will have the same appearance and functionality as the A Gentleman Caller website unless customizations are requested in writing with details of the desired changes. A Gentleman Caller will then provide a quote for any customization work;
(v) if the Advertiser gives the login credentials for a personal website to a third party, A Gentleman Caller will no longer be responsible for providing technical support or maintaining the site; and
(vi) A Gentleman Caller administers all personal websites purchased and offered through the Platform. He reserves the right to modify any personal website that no longer complies with this Agreement.

4.3 Advertiser’s Image Verification and Material

(a) Members understand that the Advertiser’s Material may not accurately represent the Advertiser in real life.

(b) A Gentleman Caller provides an optional Image Verification process that only reflects A Gentleman Caller’s judgment, after making reasonable inquiries, that the Advertiser’s images belong to the Advertiser. A Gentleman Caller will not be liable for any losses or damages incurred by a User because of relying on the Image Verification process.

(c) If A Gentleman Caller receives a complaint questioning the authenticity of an Advertiser’s Material, we will initiate the Image Verification procedure and may, at our sole discretion, suspend the Advertiser’s account while completing the procedure to A Gentleman Caller’s satisfaction.

(d) Where an advertiser chooses or must take part in the image verification process, a verification photo must clearly display identifiable features that would enable A Gentleman Caller to confirm the advertiser’s identity by comparing the verification photo to the photos on their profile.

(e) If A Gentleman Caller determines an Advertiser’s Material is outdated, misrepresentative, or misleading, they may request updated and accurate materials at their full discretion. If the Advertiser refuses this request, A Gentleman Caller has the right to cancel the Advertiser’s subscription.

(f) Identifying features may include, but are not limited to, a photo or photos:

(i) showing matching clothing or undergarments from the photos on the Advertiser’s profile;
(ii) showing the Advertiser’s facial features if the photos on the Advertiser’s profile shows their facial features;
(iii) showing the Advertiser’s body; and
(iv) showing any other distinctive physical features such as tattoos, piercings, or other attributes.

(h) If A Gentleman Caller determines at its sole discretion that the verification photo matches the photos and content posted in the Advertiser’s profile, it may mark the profile with the “Photos Verified” seal to indicate this.

5. User Content

(a) You are solely responsible for User Content:

(i) you obtain through accessing or using the Platform; and
(ii) you post, publish, or otherwise transmit through the Platform

(b) The opinions expressed in User Content belong solely to the users, not to us, unless we state otherwise. We deny all liability for comments, opinions, or remarks made in User Content. We urge you to report problematic content, offensive comments, or malicious misuse of the Platform.

(c) You grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, assignable, and sub-licensable license to use, reproduce, modify, copy, store, and exploit your content for our business and commercial purposes, including designing and posting advertiser profiles on our website.

6. The Terms of Payment

6.1 Payment method

(a) Fees payable under this Agreement may be paid by credit card, using the payment details provided by A Gentleman Caller.

(b) We reserve the right to change the payment processing service provider at any time.

(c) To prevent unlawful activity, fraud, and risks to security, we reserve the right to delay or cancel any payment for investigative purposes.

(d) The merchant may charge additional fees for international payments or certain payment types, which should be acknowledged by the advertiser and/or user.

(e) Responsibilities of the member include:

(i) to make sure they have enough money in their chosen payment account to cover the fees;
(ii) paying all bank fees, including any overdraft fees charged by your bank that result from paying the Fees; and
(iii) any reasonable administration fees for any failed payments.

6.2 Subscription Fees

(a) We charge Advertisers monthly Subscription Fees in advance to access and use the Platform.

(b) Unless stated otherwise, all subscription fees shown on our website are in Australian dollars (AUD).

(c) We reserve the right to change the Subscription Fees at any time. We will provide reasonable notice of any fee changes before they take effect. All current Subscription Fees are listed on our website and updated regularly.

(d) You will be responsible for paying any unpaid Subscription Fees owed to us. Unless otherwise stated in these Terms, paid Subscription Fees will be non-refundable.

7. GST

(a) The Subscription Fees already include GST (as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). GST will become payable if any party makes a supply under this Agreement.

(b) As at the date of this Agreement, A Gentleman Caller is not registered for GST, and agrees to promptly inform its Members of any changes to this status.

8. Refunds and Cancellations

(a) If an Advertiser cancels their Services before the end of the pre-paid subscription period, they will not receive a refund of the relevant Subscription Fee.

(b) If the Service fails to meet a guaranteed standard required by Australian Consumer Law, Advertisers may take the following actions:

(i) have the right to cancel their subscription and receive a refund for any services that have not yet been utilized; or
(ii) can choose to keep their subscription and receive compensation equal to the difference in value between the service received and what they paid; and
(iii) contact us to report any major failure of the Service. We will promptly facilitate a refund or compensation, which may take up to 7 days to be received into your nominated bank account.

(iv) to any cancellation or refund policy, including any cancellation fees, that the advertisers may impose if the user cancels with them; and
(v) to any additional terms and conditions of the Advertiser’s Service that may apply to you.

(d) Users recognize that we are not responsible for enforcing any cancellation or refund policies set by Advertisers, nor can we be held liable for any losses or damages incurred by Users in situations where an Advertiser denies a cancellation or refund request..

(e) Advertisers acknowledge that promotion codes sent out in newsletters are valid for one-time use only. Advertisers alone can activate these codes, and customer service cannot manually add or credit the promotions.

9. Intellectual Property Rights

(a) We hold copyright and licensing rights to all material on the Platform, including text, graphics, logos, and software (collectively, “Platform Content”). Your use of or access to the Platform does not transfer any ownership or rights to you. You must obtain our prior written consent before using any Platform Content.

(b) In these Terms, “Intellectual Property Rights” refers to all worldwide intellectual property rights, registered or unregistered, including copyrights, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, proprietary knowledge and expertise, and other similar proprietary rights, as well as any applications or rights to apply for protection of such intellectual property.

(c) You may access the Platform using a web browser or mobile device, and electronically copy and print the Platform Content as hardcopy solely for your personal, non-commercial use.

(d) The Advertiser grants A Gentleman Caller a worldwide, royalty-free, non-exclusive, and irrevocable license to copy, distribute, reproduce, publish, and transmit the Advertiser’s Material for the purpose of promoting the Services. The Advertiser also warrants that they are authorized to grant such a license.

(e) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any content or material from the Platform unless the Terms expressly permit it.

10. Links to External Sites

The Platform may contain links and references to websites or apps run by third parties. We do not control these external sites and are not accountable for their content. Accessing any external site is at your own risk. You should contact the relevant third party directly to verify the accuracy and completeness of any information before engaging in transactions involving their products or services.

11. Disclaimer

You fully acknowledge and agree, as far as the law allows, that:

(a) we do not control, endorse, or take responsibility for any User Content, nor do we guarantee the completeness or accuracy of any User Content;

(b) we provide the Service “as is” and “as available,” and you assume the entire risk arising from your use of the Service.;

(c) we cannot guarantee that you will achieve your desired results or objectives by using the Platform;

(d) we do not make any assurances or guarantees regarding the Platform, the Services, or the User Content;

(e) we maintain full authority over the Platform and may modify, adjust, or halt the Platform’s operations at our own discretion;

(f) we provide no guarantee that the Platform, including its search functionality, will be suitable, uninterrupted, precise, error-free, secure from viruses, or accessible at all times;

(g) we make no warranty or assurances regarding the appropriateness of the information available on the Platform, including User Content and Advertiser’s Material, for viewing by minors or any other person;

(h) we suggest that Members use only personal computers and email addresses when accessing and using the Platform, as we may send communications containing sensitive or private information;

(i) the Platform is simply a directory, and Users should make reasonable efforts to independently verify the accuracy of the Advertiser’s profile and confirm the Advertiser’s legitimacy, suitability, and qualifications for providing the advertised service;

(j) we make no warranty or guarantee that an Advertiser a User meets in person matches the identity presented in the Advertiser’s profile;

(k) we make no guarantee or claim that the images and photos displayed in an Advertiser’s profile accurately depict reality; and

(l) we reserve the right to remove any content, material, or information, including User Content, without providing explanation or justification.

12. Limitation of Liability and Exclusion of Damages

(a) To the maximum extent allowed by law, we are not responsible to you or anyone else for any direct or indirect loss or harm, including resulting loss, loss of data, reputation, goodwill, and opportunity, arising from or related to:

(i) your use or inability to use the Platform or Services, including the cancelation, medication, suspension or delay of the Platform or Services;
(ii) if you are a User, your use of Advertiser Services;
(iii) if you are an Advertiser, your provision of Advertiser’s Services;
(iv) the User Content;
(v) any interactions between Members, including any injury or harm suffered because of that arrangement, such as permanent disability, sexually transmitted diseases, defamation, theft, rape or other indecent assault, harassment, stalking, bullying, suicide, misconduct, or death, are included;
(vi) the conduct of other Members;
(vii) any Member violates or fails to comply with any applicable laws or Advertiser terms and conditions, they will be in breach; and
(viii) any unauthorized creation, access, or use of your personal information, account, or content.

(b) We exclude all representations, warranties, or terms not expressly set out in these Terms, to the maximum extent the law allows.

(c) Under Section 64A of Schedule 2 of the Australian Consumer Law, clause 13(c) applies to services not usually purchased for personal, domestic, or household use. Our liability for breaching a guarantee conferred by the Australian Consumer Law (excluding those in Sections 51-53) is limited, at our discretion, to:

(i) the re-supply of the products or services; or
(ii) the payment covers the direct expenses of replacing the services or products.

13. Privacy

When you access or use the Platform, we will collect, use, and disclose your personal information in accordance with our Privacy Policy.

14. Indemnity

(a) Users and Advertisers agree to compensate us for all losses, harm, claims against us, and expenses (including reasonable attorney fees) that arise from or relate to your use of the Platform, your User Content, your violation of the Terms, or any infringement of third party rights, as well as any action we are allowed or obligated to take under the Terms. This includes but is not limited to:

(i) any claim against A Gentleman Caller or its directors, officers, and employees regarding any tax, levy, registration, or insurance that arises from providing the Advertiser’s Service, except for any tax, levy, registration, or insurance that A Gentleman Caller is responsible for under this Agreement. and
(ii) claim against A Gentleman Caller or its directors, officers, or employees regarding a health or safety incident or issue that is related to the Advertiser providing their service.

(b) We retain the right, at our own cost, to take sole control of any issue that would otherwise require you to indemnify us. In such cases, you agree to cooperate with our defense of the claim.

15. Termination

(a) Advertisers may immediately terminate this Agreement through the account management function available on the Platform.

(b) Advertisers must pay any remaining Subscription Fees owed before the termination date of the Agreement.

(c) We reserve the right to:

(i) suspend or terminate operation of the Platform; and/or
(ii) immediately end our relationship with you, without prior notice, if you violate these Terms in any way; and/or
(iii) end our business relationship with an Advertiser at any time without prior notice for any reason:
- a. a third party submits a complaint regarding the Advertiser;
- b. in the event that an issue arises, a third party may take legal action against A Gentleman Caller for any act, omission, or negligence attributable to the Advertiser;
- c. if an advertiser does not participate in image verification and/or identity verification, or if the verification process fails, then this sentence applies;
- d. falsely presents photos or material belonging to someone else as being one’s own;
- e. an escort agency falsely presented itself as an independent escort;
- f. if an advertiser sends another person in place of themselves to provide services to a user;
- g. using our Platform to direct Users to any advertising directory or website that is not the Advertiser’s own personal website; and
- h. using material or photos owned by a third party.
- i. The advertiser or member sent harassing emails containing inappropriate language to customer support or spammed customer support with inappropriate messages.

(d) If one of the events in clause 15(c) occurs, the following will happen:

(i) we will remove the advertiser’s material from the platform, but we are not responsible for the continued visibility of the advertiser’s material on third-party search engines.
(ii) the Advertiser will not have any access to the Platform, your Account, or User Content; and
(iii) we will not be responsible for any costs, losses, or damages that result from terminating your access to the Platform.

16. Resolving Disputes

(a) We have the right, but not the obligation, to monitor disputes between Members.

(b) If a dispute arises between us and a Member regarding this Agreement, a party must not initiate legal proceedings relating to the Agreement without first complying with clause 16. However, this requirement does not apply when a party seeks urgent interlocutory relief from a court.

(c) The parties shall promptly cooperate in good faith to resolve by mutual agreement any dispute, difference, or other difficulty arising under this Agreement.

(d) In the event of a Dispute arising between the parties relating to or stemming from this Agreement, the following will apply:

(i) within 9 days of a dispute arising, the party alleging the dispute must notify the other party of the existence and nature of the dispute in writing (the “Notification”).;
(ii) upon receiving a Notification, the parties must begin negotiations to resolve the Dispute;
(iii) if the Dispute is not resolved as outlined in paragraph (ii) within 9 days of receiving the Notification, any party may refer the Dispute to mediation as described in paragraph (iv). Mediation must be pursued before initiating legal proceedings to resolve the Dispute;
(iv) any dispute that is referred to mediation can be referred to the Resolution Institute and conducted according to their Mediation Rules, or the parties may mutually agree to appoint their own mediator; and
(v) if the dispute remains unresolved 30 days (about 4 and a half weeks) after being referred to mediation, any party may initiate legal proceedings in court regarding the dispute.

17. General

18.1 Severability

If any part of our Terms is unenforceable or invalid, that part will have no effect to the extent it is unenforceable or invalid, and this will not impact the enforceability or validity of the remaining parts.

18.2 No Waiver

Waiving any rights under this Agreement will not waive other rights now or in the future. If we do not enforce a specific term or right, it does not mean we waive the ability to enforce it later.

18.3 Jurisdiction and Law

These Terms shall be governed by and interpreted in accordance with the laws of the state of Victoria, Australia. Any disputes concerning these Terms will be under the non-exclusive district of the courts of Victoria and the appellate courts.

18.4 Assignment

A Gentleman Caller may at any time assign all of its rights, obligations, and liabilities under this Agreement without restriction. However, Members may not assign any of their rights, obligations, or liabilities under this Agreement without the prior written consent of A Gentleman Caller, at its absolute discretion.

18.5 Feedback and Contact

We value your feedback and insights to improve our platform and services. Please share your reviews, suggestions, and ideas by contacting us through the platform. Your contributions help us better serve you and the community.

Terms last updated March 2024.