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Terms of Service

Escortastic.co.nz

1. ACCEPTANCE OF TERMS

These Terms of Service (hereinafter referred to as "Terms", "Agreement", or "TOS") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "your", or "user"), and Escortastic, operating under the domain escortastic.co.nz (hereinafter referred to as "Escortastic", "we", "us", or "our"), concerning your access to and use of the Escortastic website and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Service" or "Platform").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Service after the date such revised Terms are posted.

2. NATURE AND SCOPE OF SERVICE

Escortastic operates as an online advertising platform and classified directory service exclusively designed for the promotion of adult entertainment and companionship services within New Zealand. The Platform serves solely as an intermediary marketplace connecting independent service providers and agencies with potential clients seeking such services.

2.1 Platform Functionality: We provide technical infrastructure, hosting services, and advertising space to facilitate the publication and dissemination of user-generated content, including but not limited to textual descriptions, photographic images, contact information, service descriptions, and pricing information.

2.2 Independent Contractors: All advertisers on the Platform are independent contractors who operate their own businesses. Escortastic does not employ, supervise, direct, or control any advertisers. We do not provide escort services, companionship services, or any related adult entertainment services ourselves.

2.3 No Agency Relationship: Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between Escortastic and any advertiser or user. Advertisers are solely responsible for their own business operations, tax obligations, legal compliance, and client relationships.

2.4 Territorial Limitation: This Service is intended exclusively for use within New Zealand and is governed by the laws applicable therein. Users accessing the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

3. AGE VERIFICATION AND RESTRICTED ACCESS

3.1 Age Requirement: The Service is intended solely for access and use by individuals who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is greater. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years of age and possess the legal right and ability to enter into these Terms and to comply with all provisions herein.

3.2 Adult Content Warning: This website contains adult-oriented material of an explicit sexual nature. The content published on this Platform is intended for mature audiences only and may include images, text, and descriptions that are sexually suggestive or explicit in nature.

3.3 Jurisdictional Compliance: If you are accessing this Service from a jurisdiction where the viewing, reading, or downloading of adult material is prohibited by law, you must immediately cease accessing this Service. You acknowledge and agree that it is your responsibility to ensure that your access to and use of the Service complies with all applicable local, state, national, and international laws and regulations.

3.4 Advertiser Age Verification: Any individual seeking to advertise services on the Platform must be at least eighteen (18) years of age and must provide satisfactory evidence of age upon request. Escortastic reserves the right to request government-issued identification or other documentation to verify the age of any advertiser at any time.

3.5 Parental Controls: Parents and guardians are advised to implement appropriate parental control protections, such as computer hardware, software, or filtering services, to prevent minors from accessing adult material online.

4. ACCOUNT REGISTRATION AND SECURITY

4.1 Account Creation: In order to advertise services on the Platform, you must register for an account. During the registration process, you agree to provide accurate, current, and complete information as prompted by the registration form and to maintain and promptly update such information to keep it accurate, current, and complete.

4.2 Account Credentials: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account, whether or not you have authorized such activities. You agree to immediately notify Escortastic of any unauthorized use of your account or any other breach of security.

4.3 Account Accuracy: You represent and warrant that all information provided during account registration and at all other times will be true, accurate, current, and complete. You agree not to create an account using false information or on behalf of another person without proper authorization.

4.4 Account Suspension: Escortastic reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service if any information provided during the registration process or thereafter proves to be inaccurate, not current, incomplete, or fraudulent, or if you otherwise violate these Terms.

4.5 One Account Per User: Each user is permitted to maintain only one active account on the Platform. The creation of multiple accounts by a single user is strictly prohibited and may result in the immediate termination of all associated accounts without refund.

4.6 Account Transfer: Your account is personal to you and may not be transferred, assigned, or sold to any third party without the prior written consent of Escortastic.

5. ADVERTISING STANDARDS AND PROHIBITED CONTENT

5.1 Legal Compliance: All advertisements published on the Platform must comply with all applicable New Zealand laws and regulations, including but not limited to the Prostitution Reform Act 2003, the Films, Videos, and Publications Classification Act 1993, the Human Rights Act 1993, and the Fair Trading Act 1986.

5.2 Truthful Advertising: All advertisements must be truthful, accurate, and not misleading in any manner. Advertisers must not make false, deceptive, or misleading claims about their services, appearance, availability, location, or any other material aspect of their advertisement.

5.3 Photographic Requirements: All photographs included in advertisements must be genuine, current, and accurately represent the individual advertising the services. The use of stock photographs, images of other individuals, or significantly altered or outdated photographs is strictly prohibited.

5.4 Prohibited Content: The following content is expressly prohibited and will result in immediate removal of the advertisement and potential account termination:

  • Any content depicting, suggesting, or promoting illegal activities of any kind;
  • Content involving or depicting individuals under the age of eighteen (18) years;
  • Content that promotes, facilitates, or glorifies human trafficking, exploitation, or coercion;
  • Content containing extreme violence, bestiality, or any other illegal sexual conduct;
  • Content that is defamatory, libelous, threatening, harassing, or abusive;
  • Content that violates intellectual property rights, including copyrights and trademarks;
  • Content that contains viruses, malware, or any other harmful computer code;
  • Content promoting illegal drugs, weapons, or other contraband;
  • Content that discriminates based on race, religion, gender, sexual orientation, disability, or any other protected characteristic;
  • Content that advertises services in jurisdictions where such services are illegal.

5.5 Content Review: Escortastic reserves the right, but not the obligation, to review, monitor, edit, or remove any content posted on the Platform at any time and for any reason, without prior notice. However, we do not undertake to review all content before it is posted and cannot ensure prompt removal of objectionable content after it has been posted.

5.6 Reporting Violations: Users who encounter content that violates these standards are encouraged to report such content immediately using our reporting mechanisms. We will investigate all reported violations and take appropriate action.

5.7 Repeat Violations: Advertisers who repeatedly violate these advertising standards may face escalating penalties, including temporary suspension, permanent account termination, and prohibition from future use of the Platform.

6. PAYMENT TERMS AND SUBSCRIPTION POLICIES

6.1 Subscription Plans: Escortastic offers various subscription plans with different features, durations, and pricing structures. The specific terms of each plan, including pricing, duration, and included features, are set forth on our pricing page and are incorporated into these Terms by reference.

6.2 Payment Authorization: By subscribing to any paid plan, you authorize Escortastic to charge the payment method you provide for the full amount of the subscription fee. All fees are exclusive of applicable taxes unless otherwise stated, and you are responsible for payment of all applicable taxes.

6.3 Advance Payment: All subscription fees are charged in advance on a prepaid basis and cover the specified subscription period. No refunds or credits will be provided for partial periods of service, upgrades, downgrades, or unused subscription time.

6.4 Non-Refundable Policy: ALL SUBSCRIPTION FEES ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. This includes but is not limited to situations where:

  • You change your mind about purchasing a subscription;
  • You no longer wish to advertise on the Platform;
  • Your advertisement is removed for violation of these Terms;
  • Your account is suspended or terminated for breach of these Terms;
  • You fail to utilize the full subscription period;
  • You experience technical difficulties due to your own equipment or internet connection.

6.5 Subscription Duration and Expiration: Each subscription is valid for the purchased duration as specified at the time of purchase. Upon expiration, your advertisement will automatically be changed to draft status and will no longer be visible to the public unless you renew your subscription.

6.6 Automatic Renewal: Some subscription plans may include automatic renewal features. If you have opted into automatic renewal, your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date. You will be charged the then-current subscription fee for the renewal period.

6.7 Price Changes: Escortastic reserves the right to modify subscription pricing at any time. Price changes will not affect existing subscriptions but will apply to new subscriptions and renewals purchased after the price change takes effect.

6.8 Payment Methods: We accept payment via credit card, debit card, and other payment methods as specified on our payment page. You represent and warrant that you have the legal right to use any payment method you provide to us.

6.9 Failed Payments: If a payment fails for any reason, including insufficient funds, expired cards, or payment processor errors, your subscription may be suspended until payment is successfully processed. We may attempt to charge your payment method multiple times to complete the payment.

6.10 Chargebacks and Disputes: If you initiate a chargeback or payment dispute, your account will be immediately suspended pending resolution. Fraudulent chargebacks may result in permanent account termination and legal action to recover amounts owed.

7. USER CONDUCT AND PROHIBITED ACTIVITIES

7.1 Acceptable Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable national, state, or local law or regulation;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
  • To impersonate or attempt to impersonate Escortastic, an Escortastic employee, another user, or any other person or entity;
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful;
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service.

7.2 Prohibited Activities: Without limiting the generality of the foregoing, you specifically agree not to:

  • Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  • Make any unauthorized use of the Service, including collecting usernames, email addresses, or other user information by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any content;
  • Engage in unauthorized framing of or linking to the Service;
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  • Make improper use of our support services or submit false reports of abuse or misconduct;
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  • Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service;
  • Attempt to impersonate another user or person or use the username of another user;
  • Sell or otherwise transfer your profile or account;
  • Use any information obtained from the Service in order to harass, abuse, or harm another person;
  • Use the Service as part of any effort to compete with us or otherwise use the Service and/or the content for any revenue-generating endeavor or commercial enterprise;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service;
  • Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service;
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you;
  • Delete the copyright or other proprietary rights notice from any content;
  • Copy or adapt the Service's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Service;
  • Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service;
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Service;
  • Use the Service in a manner inconsistent with any applicable laws or regulations.

7.3 Enforcement: We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Platform Content: Unless otherwise indicated, the Service and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Escortastic, our licensors, or other providers of such material and are protected by New Zealand and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

8.2 Limited License to Users: These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use;
  • If we provide social media features, you may take such actions as are enabled by such features.

8.3 User Content License: By posting, uploading, or otherwise submitting any content to the Service (including but not limited to photographs, text, videos, or other materials), you grant to Escortastic a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Service and Escortastic's business operations, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

8.4 User Content Representations: You represent and warrant that:

  • You own or have the necessary rights, licenses, consents, and permissions to use and authorize Escortastic to use all content you submit;
  • Your content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • All individuals depicted in photographs or other content have provided their informed consent to such depiction and publication;
  • Your content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Your content does not violate any applicable law, regulation, or rule;
  • Your content has not been and will not be used to send spam or unsolicited messages.

8.5 Content Removal: While you retain ownership of your content, you acknowledge that Escortastic has no obligation to pre-screen content but has the right (though not the obligation) to refuse, move, or remove any content that is available via the Service in our sole discretion.

8.6 Trademarks: The Escortastic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Escortastic or its affiliates or licensors. You must not use such marks without our prior written permission.

8.7 DMCA Compliance: If you believe that any content on the Service violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act (or equivalent New Zealand legislation) by providing our designated copyright agent with the required information.

9. PRIVACY AND DATA PROTECTION

9.1 Privacy Policy Incorporation: Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.

9.2 Data Collection: By using the Service, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy, including but not limited to:

  • Account information (email address, username, payment information);
  • Profile information (photographs, descriptions, contact details);
  • Usage data (pages viewed, search queries, time spent on site);
  • Technical data (IP address, browser type, device information);
  • Communications data (messages sent through the Platform).

9.3 Cookies and Tracking: We use cookies and similar tracking technologies to track activity on our Service and hold certain information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

9.4 Third-Party Access: We may share your information with third-party service providers who perform services on our behalf, such as payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

9.5 Data Security: We implement appropriate technical and organizational security measures to protect your personal information. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

9.6 Data Retention: We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for purposes of satisfying any legal, accounting, or reporting requirements.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

10.1 Nature of Platform: ESCORTASTIC IS AN ADVERTISING PLATFORM ONLY. WE DO NOT PROVIDE ESCORT SERVICES, COMPANIONSHIP SERVICES, OR ANY RELATED ADULT ENTERTAINMENT SERVICES. WE ARE NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ADVERTISERS AND CLIENTS. ALL TRANSACTIONS AND INTERACTIONS BETWEEN ADVERTISERS AND CLIENTS ARE SOLELY BETWEEN THOSE PARTIES.

10.2 No Verification: WHILE WE IMPLEMENT CERTAIN SCREENING PROCEDURES, WE DO NOT AND CANNOT VERIFY THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY ADVERTISEMENTS, USER CONTENT, OR USER REPRESENTATIONS. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISED SERVICES.

10.3 "AS IS" Service: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ESCORTASTIC NOR ANY PERSON ASSOCIATED WITH ESCORTASTIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.

10.4 Disclaimer of Warranties: TO THE FULLEST EXTENT PROVIDED BY LAW, ESCORTASTIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

10.5 No Responsibility for User Actions: WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE DO NOT INVESTIGATE OR VERIFY THE BACKGROUND, CREDENTIALS, OR QUALIFICATIONS OF ANY ADVERTISER.

10.6 Limitation of Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ESCORTASTIC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

  • ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
  • ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
  • DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  • DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
  • DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SERVICE;
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
  • DAMAGES ARISING FROM ANY MEETINGS OR INTERACTIONS WITH OTHER USERS;
  • ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM ANY CRIMINAL ACTIVITY OR TORTIOUS CONDUCT OF ANY THIRD PARTY.

10.7 Monetary Cap: IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ESCORTASTIC IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED NEW ZEALAND DOLLARS (NZD $100), WHICHEVER IS GREATER.

10.8 Jurisdictional Limitations: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10.9 No Liability for Security Breaches: WHILE WE IMPLEMENT COMMERCIALLY REASONABLE SECURITY MEASURES, WE CANNOT AND DO NOT GUARANTEE THAT THE SERVICE WILL BE IMMUNE FROM HACKING, SECURITY BREACHES, CYBER ATTACKS, UNAUTHORIZED ACCESS, DATA BREACHES, VIRUSES, MALWARE, OR OTHER SECURITY VULNERABILITIES. YOU ACKNOWLEDGE AND AGREE THAT:

  • NO SYSTEM OR NETWORK IS COMPLETELY SECURE, AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA OR ACCOUNT;
  • UNAUTHORIZED THIRD PARTIES MAY ATTEMPT TO GAIN ACCESS TO THE SERVICE OR USER DATA THROUGH VARIOUS MEANS INCLUDING BUT NOT LIMITED TO HACKING, PHISHING, OR SOCIAL ENGINEERING;
  • WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, DISCLOSURE, OR UNAUTHORIZED ACCESS TO YOUR INFORMATION OR CONTENT RESULTING FROM SECURITY BREACHES, HACKING ATTEMPTS, OR CYBER ATTACKS;
  • YOU ASSUME ALL RISK ASSOCIATED WITH THE SECURITY OF YOUR ACCOUNT, INFORMATION, AND CONTENT;
  • IN THE EVENT OF A SECURITY BREACH, OUR SOLE OBLIGATION SHALL BE TO MAKE REASONABLE EFFORTS TO INVESTIGATE AND REMEDIATE THE BREACH, BUT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES ARISING THEREFROM;
  • WE SHALL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR PERSONAL INFORMATION, PHOTOGRAPHS, CONTACT DETAILS, OR OTHER CONTENT RESULTING FROM HACKING, SECURITY BREACHES, OR THIRD-PARTY ACTIONS.

10.10 No Liability for Service Interruptions and Downtime: THE SERVICE MAY BE SUBJECT TO INTERRUPTIONS, DELAYS, ERRORS, OR UNAVAILABILITY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO TECHNICAL FAILURES, MAINTENANCE, UPDATES, THIRD-PARTY SERVICE PROVIDER ISSUES, HOSTING PROBLEMS, NETWORK CONGESTION, OR CIRCUMSTANCES BEYOND OUR CONTROL. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • WE DO NOT GUARANTEE THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, DELAY, OR ERROR;
  • THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, UPDATES, OR TECHNICAL ISSUES;
  • WE SHALL NOT BE LIABLE FOR ANY DOWNTIME, SERVICE INTERRUPTIONS, UNAVAILABILITY, OR FAILURE TO PERFORM, REGARDLESS OF CAUSE OR DURATION;
  • YOU SHALL NOT BE ENTITLED TO ANY REFUNDS, CREDITS, EXTENSIONS, OR COMPENSATION FOR PERIODS OF SERVICE UNAVAILABILITY OR INTERRUPTION;
  • WE SHALL NOT BE LIABLE FOR ANY LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST BOOKINGS, OR ANY OTHER LOSSES RESULTING FROM SERVICE DOWNTIME OR UNAVAILABILITY;
  • ANY SCHEDULED MAINTENANCE OR UPDATES MAY BE PERFORMED WITHOUT ADVANCE NOTICE TO USERS;
  • EMERGENCY MAINTENANCE OR REPAIRS MAY BE CONDUCTED AT ANY TIME WITHOUT PRIOR NOTICE IF NECESSARY TO MAINTAIN SERVICE INTEGRITY OR SECURITY.

10.11 No Liability for Data Loss: WHILE WE IMPLEMENT BACKUP PROCEDURES, WE CANNOT AND DO NOT GUARANTEE THE PRESERVATION, INTEGRITY, OR AVAILABILITY OF YOUR DATA, CONTENT, PHOTOGRAPHS, OR OTHER INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT:

  • YOUR DATA, CONTENT, PHOTOGRAPHS, PROFILE INFORMATION, AND OTHER MATERIALS MAY BE LOST, CORRUPTED, DELETED, OR BECOME INACCESSIBLE DUE TO TECHNICAL FAILURES, SYSTEM ERRORS, SECURITY BREACHES, OR OTHER CAUSES;
  • WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, CONTENT, OR INFORMATION FOR ANY REASON WHATSOEVER;
  • IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN BACKUP COPIES OF ANY DATA, PHOTOGRAPHS, OR CONTENT YOU UPLOAD TO THE SERVICE;
  • WE HAVE NO OBLIGATION TO RETAIN, STORE, OR PROVIDE YOU WITH COPIES OF ANY CONTENT AFTER ACCOUNT TERMINATION OR SERVICE DISCONTINUATION;
  • DATABASE CORRUPTION, HARDWARE FAILURES, SOFTWARE ERRORS, OR HUMAN ERROR MAY RESULT IN PARTIAL OR COMPLETE DATA LOSS;
  • WE SHALL NOT BE REQUIRED TO RESTORE, RECOVER, OR COMPENSATE YOU FOR ANY LOST DATA, CONTENT, OR INFORMATION.

10.12 No Liability for Third-Party Services: THE SERVICE MAY INTEGRATE WITH, LINK TO, OR RELY UPON THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO PAYMENT PROCESSORS, HOSTING PROVIDERS, CONTENT DELIVERY NETWORKS, EMAIL SERVICES, ANALYTICS PROVIDERS, AND OTHER EXTERNAL SERVICES. YOU ACKNOWLEDGE AND AGREE THAT:

  • WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, SECURITY PRACTICES, OR OPERATIONS OF ANY THIRD-PARTY SERVICES;
  • ANY FAILURES, INTERRUPTIONS, ERRORS, OR UNAVAILABILITY OF THIRD-PARTY SERVICES MAY AFFECT THE FUNCTIONALITY OR AVAILABILITY OF OUR SERVICE;
  • WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR ISSUES ARISING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY SERVICES;
  • PAYMENT PROCESSING ERRORS, DELAYS, OR FAILURES BY THIRD-PARTY PAYMENT PROCESSORS ARE BEYOND OUR CONTROL AND WE ASSUME NO LIABILITY THEREFOR;
  • THIRD-PARTY SERVICE PROVIDERS MAY CHANGE, DISCONTINUE, OR RESTRICT THEIR SERVICES AT ANY TIME, WHICH MAY AFFECT OUR SERVICE;
  • YOUR USE OF THIRD-PARTY SERVICES IS GOVERNED BY THE TERMS AND CONDITIONS AND PRIVACY POLICIES OF THOSE THIRD PARTIES.

10.13 No Liability for Updates and Modifications: WE RESERVE THE RIGHT TO MODIFY, UPDATE, UPGRADE, CHANGE, OR DISCONTINUE ANY ASPECT OF THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT:

  • UPDATES, MODIFICATIONS, OR CHANGES TO THE SERVICE MAY RESULT IN TEMPORARY UNAVAILABILITY, LOSS OF FUNCTIONALITY, OR CHANGES TO FEATURES YOU RELY UPON;
  • WE MAY ADD, REMOVE, OR MODIFY FEATURES, FUNCTIONALITY, PRICING PLANS, OR SERVICE OFFERINGS AT OUR SOLE DISCRETION;
  • UPDATES MAY CONTAIN BUGS, ERRORS, OR UNINTENDED CONSEQUENCES THAT AFFECT SERVICE PERFORMANCE OR AVAILABILITY;
  • WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR INCONVENIENCE RESULTING FROM UPDATES, MODIFICATIONS, OR CHANGES TO THE SERVICE;
  • YOU SHALL NOT BE ENTITLED TO REFUNDS, CREDITS, OR COMPENSATION IF UPDATES OR MODIFICATIONS NEGATIVELY AFFECT YOUR USE OF THE SERVICE;
  • BACKWARD COMPATIBILITY WITH OLDER VERSIONS, BROWSERS, OR DEVICES IS NOT GUARANTEED;
  • WE MAY DISCONTINUE OR DEPRECATE FEATURES, TOOLS, OR FUNCTIONALITY WITHOUT PROVIDING ALTERNATIVE SOLUTIONS OR MIGRATION PATHS.

10.14 No Liability for System Failures and Technical Issues: THE SERVICE RELIES ON COMPLEX TECHNICAL INFRASTRUCTURE INCLUDING SERVERS, NETWORKS, SOFTWARE, DATABASES, AND OTHER SYSTEMS THAT MAY EXPERIENCE FAILURES, ERRORS, OR MALFUNCTIONS. YOU ACKNOWLEDGE AND AGREE THAT:

  • HARDWARE FAILURES, SOFTWARE BUGS, NETWORK OUTAGES, SERVER CRASHES, DATABASE ERRORS, OR OTHER TECHNICAL ISSUES MAY OCCUR AT ANY TIME;
  • WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR CONSEQUENCES ARISING FROM SYSTEM FAILURES, TECHNICAL ERRORS, OR INFRASTRUCTURE PROBLEMS;
  • TECHNICAL ISSUES MAY RESULT IN SERVICE UNAVAILABILITY, DATA CORRUPTION, TRANSACTION FAILURES, OR LOSS OF FUNCTIONALITY;
  • WE MAKE NO GUARANTEES REGARDING SYSTEM UPTIME, PERFORMANCE, SPEED, RELIABILITY, OR AVAILABILITY;
  • YOUR INTERNET CONNECTION, DEVICE COMPATIBILITY, BROWSER CONFIGURATION, AND OTHER TECHNICAL FACTORS BEYOND OUR CONTROL MAY AFFECT YOUR ABILITY TO ACCESS OR USE THE SERVICE;
  • WE SHALL NOT BE RESPONSIBLE FOR PROVIDING TECHNICAL SUPPORT FOR ISSUES RELATED TO YOUR EQUIPMENT, INTERNET CONNECTION, OR SOFTWARE CONFIGURATION.

10.15 User Assumption of All Risks: BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH:

  • THE RELIABILITY, AVAILABILITY, AND SECURITY OF THE SERVICE;
  • THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE;
  • ANY LOSSES, DAMAGES, OR HARM RESULTING FROM SERVICE INTERRUPTIONS, DOWNTIME, SECURITY BREACHES, DATA LOSS, OR SYSTEM FAILURES;
  • ANY RELIANCE ON THE SERVICE FOR BUSINESS PURPOSES, INCLUDING ADVERTISING, MARKETING, OR REVENUE GENERATION;
  • ANY FINANCIAL LOSSES, LOST BUSINESS OPPORTUNITIES, LOST REVENUE, OR LOST PROFITS RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE;
  • ANY CONSEQUENCES ARISING FROM UPDATES, MODIFICATIONS, OR DISCONTINUATION OF THE SERVICE OR ANY FEATURES THEREOF;
  • ANY ACTIONS OR OMISSIONS BY ESCORTASTIC, ITS EMPLOYEES, CONTRACTORS, OR SERVICE PROVIDERS;
  • ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO NATURAL DISASTERS, PANDEMICS, GOVERNMENT ACTIONS, CYBER ATTACKS, TERRORISM, WAR, CIVIL UNREST, OR FORCE MAJEURE EVENTS.

10.16 Maximum Protection Under Law: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ESCORTASTIC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS DISCLAIM ALL LIABILITY FOR ANY LOSSES, DAMAGES, CLAIMS, OR EXPENSES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR ANY OTHER LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CLAIMS, INCLUDING THOSE ARISING FROM SECURITY BREACHES, HACKING, DOWNTIME, SERVICE INTERRUPTIONS, DATA LOSS, SYSTEM FAILURES, UPDATES, MODIFICATIONS, OR ANY OTHER CAUSE WHATSOEVER.

11. INDEMNIFICATION

11.1 Your Indemnification Obligations: You agree to defend, indemnify, and hold harmless Escortastic, its parent company, subsidiaries, affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your use of the Service, including but not limited to your user content and any content you post, upload, or otherwise make available via the Service;
  • Your violation of any law, regulation, or rights of a third party;
  • Any content or services you advertise on the Platform;
  • Any interactions or transactions with other users of the Service;
  • Any claims made by third parties arising from your use of the Service;
  • Your breach of any representations or warranties set forth in these Terms;
  • Any claim that your content caused damage to a third party.

11.2 Defense of Claims: This indemnification obligation will survive termination of these Terms and your use of the Service. Escortastic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

11.3 Notification: Escortastic will notify you promptly of any such claim, suit, or proceeding and will provide you with reasonable assistance, at your expense, in defending any such claim.

12. TERMINATION AND SUSPENSION

12.1 Termination by Escortastic: We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to:

  • Breach of these Terms;
  • Violation of applicable laws or regulations;
  • Fraudulent, abusive, or illegal activity;
  • Request by law enforcement or government agencies;
  • Discontinued or material modification to the Service;
  • Unexpected technical or security issues or problems;
  • Extended periods of inactivity;
  • Non-payment of fees;
  • Engagement in conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or our business interests.

12.2 Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12.3 No Refunds Upon Termination: If your account is terminated for violation of these Terms, you will not be entitled to any refund of unused subscription fees or credits.

12.4 Data Deletion: Upon termination, we may delete your account and any associated content. We have no obligation to maintain or provide you with copies of any content after termination.

12.5 Termination by User: You may terminate your account at any time by accessing your account settings and following the account closure procedures. You will remain liable for all charges accrued up to the date of termination.

12.6 Survival: Termination of your account does not relieve you of any obligations incurred prior to termination, nor does it affect any rights or obligations that by their nature should survive termination.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law: These Terms and your use of the Service shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.2 Jurisdiction and Venue: You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Service shall be instituted exclusively in the courts of New Zealand. You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to the laying of venue in such courts on the grounds of inconvenient forum or otherwise.

13.3 Informal Dispute Resolution: Before filing any formal legal action, you agree to first contact us at support@escortastic.co.nz and attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations for a period of sixty (60) days.

13.4 Waiver of Class Actions: To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

13.5 Time Limitation: Any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred, notwithstanding any statute of limitations or other law to the contrary.

14. GENERAL PROVISIONS

14.1 Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or agreements published by Escortastic on the Service, constitute the entire agreement between you and Escortastic concerning your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

14.2 Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

14.3 Waiver: No waiver by Escortastic of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Escortastic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment: You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms without your consent or notice to you.

14.5 Force Majeure: Escortastic shall not be liable for any failure to perform its obligations under these Terms where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, natural disasters, war, terrorism, riots, civil unrest, strikes, or governmental actions.

14.6 Headings: The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

14.7 English Language: These Terms are drafted in the English language. If these Terms are translated into any other language, the English version shall prevail to the extent of any inconsistency.

14.8 Electronic Communications: By using the Service, you consent to receiving electronic communications from Escortastic. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

15. MODIFICATIONS TO TERMS AND SERVICE

15.1 Right to Modify: We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Service or to modify these Terms at any time and without prior notice. If we make material changes to these Terms, we will provide notice by posting the revised Terms on the Service and updating the "Last Updated" date.

15.2 Continued Use: Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

15.3 Service Modifications: We reserve the right to withdraw, amend, or modify the Service, and any service or material we provide on the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

15.4 No Obligation to Update: We have no obligation to update materials or information on the Service. We reserve the right to modify or discontinue all or part of the Service without notice at any time.

16. CONTACT INFORMATION AND NOTICES

16.1 Questions and Complaints: If you have any questions, comments, or complaints concerning these Terms or the Service, or if you need to provide notice to Escortastic under these Terms, please contact us at:

Escortastic

Website: escortastic.co.nz

Email: support@escortastic.co.nz

Legal Department: legal@escortastic.co.nz

16.2 Notice to Users: We may provide notices to you via email (if you have provided an email address), by posting notice on the Service, or by any other means we deem appropriate. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after posting or mailing (if sent via email) or upon actual receipt (if by any other means).

16.3 Reporting Violations: To report violations of these Terms, illegal content, or other concerns regarding the Service, please email us at abuse@escortastic.co.nz. We will investigate all reported violations and take appropriate action in accordance with our policies and applicable law.

17. ACKNOWLEDGMENT AND ACCEPTANCE

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

  • You have read and understood these Terms of Service in their entirety;
  • You agree to be bound by these Terms and all applicable laws and regulations;
  • You are at least 18 years of age or the age of majority in your jurisdiction;
  • You have the legal capacity to enter into these Terms;
  • You understand that Escortastic is an advertising platform and not a provider of escort or companionship services;
  • You acknowledge the risks associated with meeting individuals through online platforms;
  • You accept all risks associated with your use of the Service;
  • You have had the opportunity to seek independent legal advice regarding these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

LAST UPDATED AND EFFECTIVE DATE: 26 January 2026

VERSION: 1.2

These Terms of Service constitute a legally binding agreement. Please print or save a copy of these Terms for your records.