1 USE & DEFINITIONS
1.1 In these Terms of Business:
(a) “Account” means the account with your Nominated Financial Institution to which your Payment Method is linked and that we are authorised to debit in accordance with your instructions when performing the Website Payment Service.
(b) “the Client” refers to the individual or business named using a website operated by the Company, or is otherwise named on any order, quotation, request for service, or on any Application to whom the services of the Company are supplied and, includes any servant, agent, partner, director, proprietor, contractor or employee or legal entity, and in the case of two or more persons, shall refer to them jointly and severally.
(c) “the Company” means CG Trading Pty Ltd (ABN: 25605438444).
(d) “Invoice” means an account, invoice, statement or demand for payment (however described) of the Company delivered via email or post, or displayed on the Company’s Website and payable by you.
(e) “Business Day” means any day, Monday to Friday on which banks in Melbourne or Sydney are able to effect settlement through the Reserve Bank of Australia.
(f) “Guarantor” refers to;
(i) In the event that the Client is a Company or Trust, the person(s) whom is named in any form of the Website Payment Service and terms as a servant or employee of the Client. In the case of two or more persons, they shall be referred to jointly and severally; or
(ii) In the event that the Client is a Sole Proprietor or Partnership, the person(s) whom are named as the Client in any form of the Website Payment Service. In the case of two or more persons, they shall be referred to jointly and severally.
(g) “Nominated Financial Institution” means the bank or financial institution or credit provider that operates the Account.
(h) “Payment” means acceptance of a payment transaction via the Website Payment Service
(i) “Payment ID Number” means a transaction record generated by the Website Payment Service which indicates that a Payment transaction has been accepted for processing.
(j) “Payment Method” means a payment method accepted by the Website Payment Service, including but not limited to, debit cards, credit cards, or any other payment method approved by us at any time.
(k) “Website Payment Service” means the service provided to you to enable the Payment of Invoices via the Website.
(l) “States” means the States and Territories of the Commonwealth of Australia.
(m) “Entertainer” or “the Entertainment” means any person or persons introduced to the Client by the Company for the provision of services located here: http://www.xxxbucksparties.com.au/services-rates/
(n) “Terms” means these terms of business, as modified or replaced from time to time.
(o) “Website” means
(p) “you” and “your” means the Individual user of the Website and/or the Client.
(q) References in these Terms to “we”, “us” and “our” are references to the Company whose registered office is at Level 2, 56 Clarence Street, Sydney NSW 2000.
1.2 These Terms of Business are valid for all requests placed with the Company for introductions to any Entertainer for the provision of services, an assignment or employment with the Client unless otherwise confirmed by the Company.
1.3 The Client acknowledges and agrees to the Company’s Terms of Business.
1.4 All orders placed by the Client will be subject to these Terms of Business unless expressly agreed to in writing by the company.
1.5 The Client, or any representative of the Client represents and warrants to us that they have the capacity to accept and be bound by these Terms.
1.6 These Terms of Business shall have effect irrespective of any Terms of Business notified at any time by the Client, unless agreed in writing by the Company.
1.7 Access to and use of the Website is provided to you subject to these Terms. By accepting these Terms during the initial online registration or at any payment process and then accessing or using the Website, you agree to be bound by these Terms
2 ACCESS TO THIS WEBSITE
2.1 The Company reserves the right to change the Terms of Business at any time. It is the Client’s sole responsibility to check the Terms of Business for updates and changes. The Client’s continued use of this website acknowledges an acceptance of the Terms of Business in their most recent form.
2.2 Please note that despite our best intentions, we do not guarantee that all content contained on our website is complete or accurate. We reserve the right to deny any request or booking based on incorrect or out of date information.
2.3 This website and its contents is not intended for children. Anyone under the age of 18 is prohibited from using it. By using this website or making a purchase, the client is asserting that they are at least 18 years old and all guests attending the event are also above the age of 18.
2.4 The Company provides the Client access to the Website in order to help the Client at every stage of the hiring process and offer the Client other specialist services.
2.5 The Client acknowledges and agrees that it is not permitted or authorised to:
(a) use the Website for, or to encourage, any unlawful purpose;
(b) post or transmit on the Website inaccurate, incomplete or false information;
(c) post or transmit on the Website any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
(d) post or transmit on the Website any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Website; or which alters or deletes any information which the Client has no authority to alter or delete; or which overloads the Website by spamming or flooding it.
(e) use any device, routine or software to crash, delay, or otherwise damage the operation of this Site.
(f) take any action that affects CGS’ reputation or that defames, abuses, harasses or threatens others.
2.7 As a convenience to users, this Site contains links to external websites and the client may be offered a number of automatic links to other sites, which may interest the client. The Company accepts no responsibility for or liability in respect of the content of those sites. The Company should not be taken as having reviewed or approved such sites or their contents, nor does it warrant that any links to such sites work or are up to date. The use of any such links is entirely at the client’s own risk. Any third parties wishing to link to our Site may do so provided links are to the home page only of the Website and provided the Company are notified in advance by email to firstname.lastname@example.org
2.8 When the Client registers with this site or subsequently signs on when the Client visits the Website, the Client will need to use a user name and password. As part of the registration process you will need to choose a unique username and password. You must not share your username and password with any other person, and you must ensure that it remains secure. Your username and password is non-transferable, and your username cannot be changed.
2.9 The Client must notify the Company immediately if the Client believes that its password is in the possession of a third party or if it is in risk of being used in an unauthorised way. The Company accepts no liability for any unauthorised or improper use or disclosure of any password.
2.10 You must ensure that you exit from your Login at the end of each session.
2.12 Every effort is made to keep the Website up and running smoothly and fault-free. However, the Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control.
2.14 The Company may its absolute discretion deny the Client access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.
3 BOOKINGS AND CANCELLATIONS
3.1 All deposits by phone or online are NONREFUNDABLE and NON-NEGOTIABLE.
3.2 If at any time the Client wishes to change a scheduled date, venue or hour of the Entertainer’s arrival, additional fees may apply. In the event the Client refuses to pay these additional fees, the Company reserve its right to cancel your booking without refund of your deposit.
3.3 Booking fees or deposits will NOT be discounted or negotiated in the event that the Entertainer arrives early or late. Any and all remaining balances or miscellaneous charges (parking, valet, etc.) must be paid to the Entertainer immediately upon their arrival. Failure to pay these amounts will allow the Company to deduct the outstanding amounts from your Account with your Nominated Financial Institution.
3.4 In the event that an Entertainer is late, the Entertainer will endeavour to make up for the delay by ensuring that the performance is extended by the time lost as a result of the delay.
3.5 By making a booking with the Company, the Client affirms his/her understanding that not all entertainers can accommodate all requests: times, venues, costume etc. The Company will endeavour to provide the Client’s top requests whenever possible but they are not guaranteed.
3.6 The Client agrees and acknowledges that the Company may be required to provide alternative Entertainment in the event that the Client’s requested Entertainer is unavailable due to any reason including illness and/or prior commitments. In the event the Company has provided the Client with an alternative Entertainer, the Client agrees and acknowledges that this is not grounds to seek a refund. Cancellation fees will apply in the event that the Client choses to cancel the booking as a result of an Entertainer’s unavailability.
3.7 Where the Client makes a booking, and the venue is managed by a Third Party (such as a Hotel or Serviced Apartments), the Client acknowledges that booking is subject to the Client’s compliance with the terms and conditions of the Third Party Venue, and the Company will not be held liable, in any way, if the Venue cancels the Client’s reservation, accommodation, or otherwise terminates the client’s use of the Venue’s services for any reason, including not complying with the Venue’s terms and conditions, or policies. In the event that the event cannot proceed as a result of the Client’s inability to access the Third Party Venue, the Client agrees and acknowledges that it is liable for payment of the full Invoice issued by the Company.
3.8 Where applicable, should your cruise or package not go ahead for any unforeseeable reason including bad weather, the Company will endeavour to provide an alternate venue which provides for similar food, beverage and entertainment. The alternate event will proceed at the alternate venue. If the alternate venue does not offer food and beverage inclusive, for a fixed price, then the Company will provide a bar tab equivalent to that originally booked for.
3.9 The Company reserves its rights to reject any booking or purchase at its discretion and to cancel an order or refuse service to anyone at any time. When using this site or making a purchase the Client declares that they are above the age of 18 and all attendees at any event are also all above the age of 18.
3.10 All quotations provided to the Client from the Company are valid for 30 days from the date of quote. The quotation provides the “agreed price” for the provision of services, and will contain references to the “deposit” required to proceed.
3.11 Unless otherwise agreed, bookings are only accepted once the quoted non-refundable deposit is received. Provisional bookings can be made, however the Company reserves the right to cancel provisional bookings to allow the Entertainer to accept other bookings.
3.12 Photography can only be used for its originally stated purpose. Any extended or added usage must be agreed to by the Company and may attract a further charge or payment being requested.
3.13 The Company may cancel an agreement if a client refuses to accept a price where the scope and work have been altered after the contract has been entered into, or as soon as it is found that any expenses in relation to an agreement will be in excess of those originally estimated in a quotation and any increases in expenses are not agreed to be covered by the client.
3.14 If a job is cancelled, cancellation fees are payable.
3.15 Overtime or penalty rates may apply if a job takes longer than the booked hours.
3.16 If a job continues beyond the booked hours, the job will be additionally invoiced for the overtime in minimum 30 minute increments.
3.17 Unless otherwise agreed, travel charges will apply where Entertainer travels more than 30 minutes outside of the City centre. It is agreed and acknowledged by the Client that the Company will use Google Maps to confirm the travel time in minutes from the capital city to the event address. It is further agreed and acknowledged that travel time will be charged at $1 per minute for the entire trip duration for trips exceeding 30 minutes travel time, per direction.
3.18 In the event the Client cancels a booking, the Client agrees and acknowledges that no refund of the initial deposit will be payable in consideration for the costs incurred, or to be incurred by the Company as a result of the cancellation.
3.19 No variations to the quotation will be accepted after a corresponding invoice has been issued.
3.20 The Client agrees and acknowledges that the Company is entitled to charge interest on any outstanding balances, and that interest will continue to accrue on the balance of any outstanding balance at a rate of 0.2% per day.
3.21 Providing false, inaccurate or misleading information may result in your booking being cancelled, with cancellation fees applying.
3.22 If the Client does not inform the Company, or otherwise omits information about the attendees of any party, including the fact that there will be a mixed group of males and females in attendance, the Entertainer has the right to refuse providing the Client with services, and loss of any amounts paid, together with cancellation fees will apply.
4 ADULT ENTERTAINMENT
4.1 The entertainers are guests that the Client is inviting into their home or private party. They should be afforded the appropriate respect. Entertainers reserve the right to terminate their shows and performances at any time if they feel harassed, endangered, abused or uncomfortable in any way due to the Client or any guests of the clients’ attitudes, premises, safety, lack of involvement, etc. In these rare instances, no refunds will be issued. It is the client’s responsibility to ensure that all guests abide by these rules and regulations and the event venue is conducive to a performance by an entertainer.
4.2 The Company does not, and will not solicit, provide, promote or engage in any escorting, prostitution, or other illegal or sexual services or acts. The services of the Company are provided are for entertainment purposes only.
4.3 Cameras, phones, recordings, or any other recording devices are not to be used at any time. If you would like to take a photograph or video with the entertainer please ask her or him, and confirm first. The Entertainers are not required to pose for any photos, recordings, or otherwise. If you take a recording or photo without permission the Entertainer, the Entertainer has the right to leave the event immediately and you will not receive a refund.
5.1 The Client agrees to pay a bond (as per any quotation provided to the Client by the Company) to be held in case of any damage to the cruise boat or Third Party Venue. The Client agrees that all damages to the cruise boat or Third Pary Venue will be paid for as determined by the Company. The Client agrees any cost of damages will be taken out of the bond. If the damage exceeds the value of the bond the Client agrees to pay any additional costs including the Company’s legal costs to enforce payment, on an indemnity basis.
5.2 In the event that a bond is not held or provided the Client agrees to pay for any damages made by any member of their group to the boat.
5.3 If food scraps, excessive mess, or vomit is left on the floor of the cruise boat or Third Party Venue, during the course of a charter or event, the Company will charge a $200.00 cleaning fee, which can be deducted from the bond without further notice to the Client.
6 INTELLECTUAL PROPERTY
6.1 ‘Copyright Material’ means any work or other subject-matter in which copyright subsists or is capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation;
6.2 ‘Intellectual Property Rights’ means rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents, plant varieties or trademarks, and whether in Australia or overseas.
6.3 All of the information contained on this Site is the Copyright of the Company.
6.4 All trademarks, logos, software or any other or any other of its intellectual property rights are the exclusive property of the Company.
6.5 The Client may not download copy or print any of the pages of the Website except for its own personal use, and provided that the Client keeps intact all copyright and proprietary notices.
6.6 No copying or distribution for any business or commercial use is allowed.
6.7 No framing, harvesting, “scraping” or other manipulation of the content of the Website is permitted.
6.8 The Client will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Website; nor will the Client post to the Website any material which infringes any intellectual property rights of any third party.
7 LIABILITY AND DISCLAIMER
7.1 The Company shall not be liable for any delays in an Entertainer’s arrival or failure to provide services, if this is caused by labour troubles, strikes, lock-outs, war, riots, fire, flood, storm, accidents, shortage of materials, breakdown in factories or acts, rules, regulations, orders or directives by any governmental body or any act of any God beyond the Company’s control.
7.2 Entertainers are not employees or contractors of the Company. They are referred to you by us for the agreed booking fee. The Company, its affiliates or websites makes no claim as to the character or background of the entertainers and therefore The Company and its affiliates are released from all liability.
7.3 The Client also hereby releases and will not hold liable The Company, its owners, managers, officers, directors, shareholders, employees, agents and contractors, entertainers, assistants, security guards, drivers etc. from any and all present and future claims resulting from theft, ordinary negligence, personal injury or death as a result of utilising our site services and/or entertainers.
7.4 The Client also hereby waives any and all claims resulting from ordinary negligence both present and future which may be made by family, estate heirs, or clients.
7.5 The information contained on this Site including any salary information or surveys are given in good faith and the Company uses all reasonable efforts to ensure that it is accurate. However, the Company gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
7.6 No liability is accepted by the Company for any loss or damage which may arise out of any person relying on or using any information on this Site. The Company shall not be liable to any person relying on or using any such information for:
(a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts);
(b) loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or
(c) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude the company’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
7.7 The Client agrees to fully indemnify the Company, and keep indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from any use or misuse by the Client of this Site.
7.8 The Company does not guarantee that any employer or client will ask for a model’s or candidate’s information, or will interview or hire a model or candidate, or that any models or candidates will be available or will meet the needs of any employer or client. The Company makes no representation or warranty as to the final terms and duration of any appointment obtained through this Site. Whilst the Company takes all reasonable endeavours to ensure it is the case, the Company does not guarantee that any employer or client will keep confidential any candidate information or data provided to them.
7.9 If any provision of these Terms of Business is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
7.10 Your use of the Website and downloads from it, and the operation of these Terms of Business, shall be governed in accordance with the laws of NSW. The Australian courts shall have exclusive jurisdiction over any dispute arising out of the use of this website.
7.11 www.xxxbucksparties.com.au is the website for the Company, CG Trading Pty Ltd (ABN: 25605438444), a company registered in Australia whose registered office is Level 2, 56 Clarence Street, Sydney NSW 2000.
8 USE OF THE WEBSITE PAYMENT SERVICE
8.1 Your obligations and responsibilities
(a) You agree that all information you provide to us during your use of the Website is correct to the best of your knowledge at the time you supply it.
(b) It is your responsibility to ensure that sufficient credit or funds are available in the relevant Account at all relevant times to enable Payment of an Invoice.
(c) Where a payment is declined by your Nominated Financial Institution for any reason your payment transaction will not result in payment of your Invoice and your Invoice will remain unpaid. You will be responsible for any additional fees and charges levied by either your Nominated Financial Institution or the Company as a result of non-payment.
8.2 Your authority
(a) You agree that we may request that your Nominated Financial Institution debit your Account in order to complete the transaction and pay the Invoice or any outstanding amount owed by you or the Client.
(b) You warrant that you are entitled to use the chosen Payment Method and associated Account, and that we have been authorised by you to process the transaction associated with your use of this Website.
(c) You agree that you will supply us, upon request, with all information we reasonably require in order to enable us to process any payments for you.
(a) You may incur fees and/or charges at the time of making Payment for payment processing costs.
(b) If a fee and/or charge is applied at the time of making a Payment, you will be advised of this before the payment is processed and you will have the opportunity to cancel or change the payment before it is processed.
(c) You will be provided with a Payment ID Number when your Payment has been accepted.
(d) You are unable to cancel, alter or reverse a Payment that you may have made, using the Website. If you believe a Payment is incorrect, unauthorised or you wish to make a cancellation for any other reason, please contact us immediately. If we are unable to resolve the issue or request to cancel, alter or dispute a transaction, we will advise you in writing of the procedures for further investigation and resolution, and we may request further relevant details from you. Should we be unable to resolve the issue we may request that you contact your Nominated Financial Institution directly.
8.4 Privacy and Security
(a) Notwithstanding our efforts to ensure that the Website is secure, you acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers utilising the Website will be secure.
(b) We may issue instructions from time to time, intended to ensure the security of the Website. You agree to comply with those instructions.
(c) You acknowledge that your personal information may need to be disclosed to third parties
(i) to perform the any Services offered by the Company
(ii) to enforce and apply these Terms
(iii) as otherwise permitted or required by law
9 DECLARATION – USE OF ONLINE PAYMENT SERVICES
9.1 In this section, “the Individual” refers to person named on the Credit or Debit Card used for payment.
9.2 In this section, “the Client Business” refers to a Company or Business named on the Credit or Debit Card used for payment.
9.3 I, the Individual or the Client Business have read and agreed to the terms of business set out above and acknowledge that I /we may obtain a copy of the Terms of Business by printing this page or by referring to a copy of the Terms, as they change, from time to time, at http://www.xxxbucksparties.com.au/the-serious-stuff/
9.4 I, the Individual or the Client Business acknowledge and agree that the terms of business as stated above form the Terms of Business of each contract in respect of the supply of services by the Company to the Client.
9.5 I, the Individual or the Client Business, hereby authorise the Company to make any enquiries or exchange or disclose any information concerning my/our credit from or to any person or source or to any person or source authorised under the Privacy Act and I acknowledge that the Company may supply this information to a credit reporting agency.
9.6 In consideration of the Company having agreed to provide services to the Client, I, the Individual or the Client Business agree and acknowledge that the Company may use the payment details supplied by me/us electronically to charge the named account with any cancellation payments, including those referred to in Clause 3.15 above. In the event that a cancellation payment is unable to be processed, I/we agree and acknowledge that the debt will become immediately due and payable to which I am liable to pay.
9.7 I, the Individual, hereby undertake that I will be personally liable for any debts incurred by the Client. I further acknowledge that the information provided in any forms associated with my dealings with the Company is true and correct.
10.1 All rights not expressly granted in these Terms of Business are reserved.
10.2 We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies.
10.3 These Terms constitute the entire agreement and understanding between you and us and supersede any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of these Terms.
10.4 We may assign or otherwise deal with our rights and subcontract and novate our obligations under these Terms by written notice to you without your prior written consent.