OverviewThank you for using Fikandina Ltd, a Cyprus registered company (Scarlet Blue), an adult directory service that allows independent escorts (Advertisers) and users of their services (Users) to connect by displaying Advertisers’ profiles on our website. Your privacy is important to us and we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) (Privacy Act), which includes the Australian Privacy Principles (APPs) and any related privacy codes.
This Policy outlines how we collect, use, disclose and store your personal information and lets you know how you can access that information. This Policy applies to our obligations when handling information in Australia.
If you are an Advertiser, we would like to emphasise that we will only share your contact information which you consent to being displayed on our website. All profile information (set out at 3(a) to 3(j) below) will form part of your profile and will be visible to Users, so please carefully ensure that you are happy for the information you upload to be visible.
Please read this Policy carefully and contact us using the details below if you have questions.
ConsentBy providing personal information, you consent to us collecting, using, storing and disclosing your personal information in accordance with this Policy or as required or permitted by law. If you continue using our services, then we will treat your use as your consent to us handling your personal information in accordance with this Policy.
What kinds of personal information do we collect and hold?The type of personal information we collect depends on the circumstances of its collection and the nature of your dealings with us.
If you are an Advertiser using our platform, this information may include:
(a) your profile name, email address and phone number;
(b) your age;
(c) your gender;
(d) your geographical location of service;
(e) your height;
(f) your eye colour and hair colour;
(g) your clothing or dress size;
(h) your body type;
(i) any photos or videos that you upload as part of your profile;
(j) any other information about yourself which you provide in your profile;
(k) results of any identity checks or verifications;
(l) your payment information, including credit card or bank account details and the associated billing address;
(m) your device ID, device type and information, geo-location information, Internet Protocol (IP) address, standard web log information browser session data, device and network information, statistics on page views, acquisition sources, search queries, browsing behaviour and information gathered through internet cookies; and
(n) information contained in any communications between you and us
If you are a User of our platform, personal information we may collect includes:
(a) your display name, email address and phone number;
(b) results of any identity checks or verifications;
(c) your payment information, including credit card or bank account details;
(d) your device ID, device type and information, geo-location information, Internet Protocol (IP) address, standard web log information browser session data, device and network information, statistics on page views, acquisition sources, search queries, browsing behaviour and information gathered through internet cookies; and
(e) information contained in any communications between you and us.
Prospective employee or independent contractor
If you are a prospective employee or independent contractor applying to work with Scarlet Blue (for the avoidance of doubt, this does not include Advertisers), we may collect the following information:
(a) your name, address and contact details;
(b) business registration details, such as your Australian Business Number;
(c) your employments details and qualifications;
(d) billing and payment information; or
(e) information you provide to us as part of the recruitment process.
For general users that have may not subscribed to our service but interact with us, we may collect information when you connect with us or use our website. This may include information:
(a) provided in communications we have with you; and
(b) about your access and use of our website, including browser session data, device and network information, statistics on page views, acquisition sources, search queries, browsing behaviour and information gathered through internet cookies.
We do not ask for or collect sensitive information from individuals. In the unlikely event that we do collect this information, we will only collect it from you with your consent. You must not upload sensitive information to the site unless you consent to us using the sensitive information to provide our services.
If you do not provide the personal information we request
If you choose not to provide personal information as requested, we may not be able to service your needs. For example, it will not be possible for us to provide you with our service if you do not provide us with an accurate telephone number or email address. Where it is practical and lawful, we will provide Advertisers and Users with the option to deal with us and utilise our services without being required to identify yourself, such as by using an alias or working name. The decision of whether it is practical to allow an individual to use an alias is at Scarlet Blue’s sole discretion.
Unsolicited personal information
We sometimes receive unsolicited personal information. In circumstances where we receive unsolicited personal information we will usually destroy or de-identify the information as soon as practicable if it is lawful and reasonable to do so unless the unsolicited personal information is reasonably necessary for, or directly related to, our functions or activities.
Why do we collect your personal information?We collect your personal information primarily to provide you with our service of connecting Advertisers and Users and to enable use of our platform.
Some ways we use your personal information are:
(a) for the purpose for which the personal information was originally collected, including to display Advertiser profiles on our website for Users who would like to purchase their services;
(b) to identify and interact with you;
(c) to perform administrative and operational functions;
(d) to comply with any legal requirements, including any purpose authorised or required by an Australian law, court or tribunal; and
(e) for any other purpose for which you give your consent.
In relation to the personal information of contractors or prospective staff members, we collect personal information for purposes including to:
(a) enable us to carry out our recruitment functions;
(b) correspond with you;
(c) fulfil the terms of any contractual relationship; and
(d) ensure that you can perform your duties.
How we collect your personal information?You give it to us
We collect personal information directly from you when you:
(a) set up a profile with us;
(b) use our services;
(c) interact or share personal information with us via our platforms and social media; and
(d) communicate with us.
We collect it
We may also collect your personal information from third parties including:
(a) service providers such as our website providers and identify verification service providers;
(b) payment system operators, financial institutions, payment platforms, and other participants in those payment platforms for the purposes of resolving any transaction disputes;
(c) referrals who may have referred you to us; and
(d) organisations with whom we have an agreement to share information with.
We will generally obtain consent from the owner of personal information to collect their personal information. Consent will usually be provided in writing; however, sometimes it may be provided orally or may be implied through a person’s conduct. We endeavour to only ask for your personal information if it is reasonably necessary for the activities that you are seeking to be involved in.
Disclosing your personal informationWe may disclose your personal information to the following third parties:
(a) our business or commercial partners;
(b) our professional advisers, dealers and agents;
(c) third parties and contractors who provide services to us, including customer enquiries and support services, IT service providers, data storage, webhosting and server providers, marketing and advertising organisations, payment processing service providers;
(d) payment system operators and debt-recovery functions;
(e) third parties to collect and process data, such as Google Analytics, Google Display Network, DoubleClick, Yahoo, Adobe, Campaign Manager, and Microsoft; and
(f) any third parties authorised by you to receive information held by us.
If you are a contractor, we may disclose your information to payment system operators and debt-recovery functions.
We may also disclose your personal information if we are required, authorised or permitted by law.
We may send information to third parties that are located outside of Australia for the purposes of providing our services. These third parties are located in Cyprus, although this list may change from time to time. Disclosure is made to the extent that it is necessary to perform our functions or activities.
Using your personal information for direct marketingFrom time to time, and in support of our future development and growth, we may use your personal information to contact you to promote and market our products and services.
You can opt-out from being contacted for direct marketing purposes by contacting us at firstname.lastname@example.org or by using the unsubscribe facility included in each direct marketing communication we send. Once we receive a request to opt out from receiving marketing information, we will stop sending such information within a reasonable amount of time.
SecurityWe take all reasonable steps to protect personal information under our control from misuse, interference and loss and from unauthorised access, modification or disclosure. We hold your personal information electronically in secure databases operated by our third-party service providers.
We protect the personal information we hold through using secure ‘bcrypt’ hashing when storing user passwords, not storing any credit card information in the Scarlet Blue databases, using secure hosting providers, storing data in secured internal databases, firewalls and login password protocols and secure and access-controlled premises.
While we take reasonable steps to ensure your personal information is protected from loss, misuse and unauthorised access, modification or disclosure, security measures over the internet can never be guaranteed.
We encourage you to play an important role in keeping your personal information secure, by maintaining the confidentiality of any passwords and account details used on our website.
Accessing or correcting your personal informationIf you would like to access your personal information, please contact us using the details below. In certain circumstances, we may not be able to give you access to your personal information in which case we will write to you to explain why we cannot comply with your request.
We try to ensure any personal information we hold about you is accurate, up-to-date, complete and relevant. If you believe the personal information we hold about you should be updated, please contact us using the details below and we will take reasonable steps to ensure it is corrected if appropriate.
Destroying or de-identifying personal informationWe destroy or de-identify personal information when we no longer need it, unless we are otherwise required or authorised by law to retain the information.
Making a complaintIf you believe your privacy has been breached or you have a complaint about our handling of your personal information, please contact us using the details below.
We take privacy complaints seriously. If you make a complaint, we will respond within 5 days to acknowledge your complaint. We will try to resolve your complaint within 30 days. When this is not reasonably possible, we will contact you within that time to let you know how long we will take to resolve your complaint.
We will investigate your complaint and write to you to explain our decision as soon as practicable.
If you are not satisfied with our decision, you can refer your complaint to the Office of the Australian Information Commissioner by phone on 1300 363 992 or online at www.oaic.gov.au.
ChangesWe may, from time to time, amend this Policy. Any changes to this Policy will be effective immediately upon the posting of the revised Policy on our website. By continuing to use the services following any changes, you will be deemed to have agreed to such changes.
Contact usAll questions or queries about this Policy and complaints should be directed to:
This Policy was last updated in May 2023.
Copyright and Trade Marks
Unless otherwise indicated, copyright in the material published on this Website (https://scarletblue.com.au) owned by Fikandina Ltd other than for any material created by any third party not related to it or Fikandina Ltd and which is featured on the website and is subject to claims for copyright as owner or authorised licensee by Fikandina Ltd and/or any such third party. Reproduction of all or any part of the contents of this Website is prohibited, except to the extent permitted below. The information on this Website (including all clips) may be viewed online only for personal use. No part of the information may be reproduced, adapted, uploaded or linked to or otherwise distributed, copied or used for any commercial purpose whatsoever. If you wish to reproduce or otherwise use any of the information contained in this website, it is your responsibility to obtain approval for such use from the copyright owners or authorised licensees. Any failure to adhere to the above copyright obligations will infringe the intellectual property rights of the owners and/or authorised licensees
The Scarlet Blue website uses under licence various trade marks owned by Fikandina Ltd (but not limited to) the word mark "Scarlet Blue" and the Scarlet Blue Logo. From time to time the website may also use other trade marks (registered or unregistered) owned by Fikandina Ltd or other persons or entities. Unauthorised use of any such trade marks is strictly prohibited. None of those marks may be used in any way without the prior written consent of their owner. Failure to obtain such prior written consent will infringe the trade mark owner's and trade mark licensees' rights in the relevant trade mark or marks that will result in commencement of civil action for damages, injunctive relief, costs and any other relief allowed at law or equity or under statute.
DisclaimerBy using the Scarlet Blue’s services, you accept the following conditions:
- Scarlet Blue accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through any Scarlet Blue website and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the maximum extent permitted by law or statute, Scarlet Blue excludes all liability for loss or damage arising from the use of, or reliance on, the information contained on or accessed through any Scarlet Blue website whether or not caused by any negligence on the part of Scarlet Blue or its customers or agents.
- Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through any Scarlet Blue website either as a result of hacking or material placed on linked websites. Scarlet Blue makes no representations as to the suitability of the information accessible for viewing by minors or any other person.
- To the maximum extent permitted by law or statute you assume all risks associated with use of any Scarlet
Blue website including, without limitation:
- the risk of your computer, software or data being damaged by any virus which might be transmitted or activated via any Scarlet Blue website or your access to it; or
- the risk that the content of any Scarlet Blue website and linked websites complies with the laws of any country outside Australia.
- your use of any Scarlet Blue website may be logged for the purpose of security and usage monitoring.
- Unauthorised use of any Scarlet Blue website could result in criminal prosecution.
- All of the Scarlet Blue sites are hosted on web servers in the United States and Austria. These terms are governed by the law in the force in the State of Queensland in the Commonwealth of Australia and any dispute about these terms or the contents of any Scarlet Blue website are subject to the exclusive jurisdiction of the courts of the State of Queensland and the courts of appeal from them. By your accessing the Scarlet Blue website you agree to submit to those Courts (as situated in the Central Business District of either Cairns or Brisbane, Queensland at first instance - the exact location is at Scarlet Blue's discretion - to hear and determine any issue arising out of or touching on these terms and conditions.
Acceptable UsageThese usage guidelines describe the proper kinds of conduct and prohibited uses of Scarlet Blue services (“Scarlet Blue Services”) provided by Scarlet Blue. These usage guidelines are not exhaustive and Scarlet Blue reserves the right to modify them at any time, effective upon posting of the modified usage guidelines to https://www.scarletblue.com.au. By registering for and using the Scarlet Blue Services, and thereby accepting the Scarlet Blue Terms and Conditions, you also agree to abide by these usage guidelines as modified from time to time. Any violation of these usage guidelines may result in the termination of your account in the manner described in the Scarlet Blue terms and conditions.
1. YOUR GENERAL RESPONSIBILITIESThe Scarlet Blue Services enable you to advertise escort services, obtain web design services for escorts and search for information. Generally, Scarlet Blue will not actively monitor, censor, or directly control any use that is made of the Scarlet Blue website, however, Scarlet Blue provides the Scarlet Blue Services with the goals of
1.1. ensuring security, reliability and privacy of the Scarlet Blue Services and the users of the Scarlet Blue Services; 1.2. maintaining an image and reputation of Scarlet Blue as a responsible provider of escort services; and 1.3. encouraging the responsible use of the Scarlet Blue Services and discouraging any degrading, libelous or illegal uses.Consequently, Scarlet Blue expects you, and all other users of the Scarlet Blue Services, to use them with courtesy and responsibility. Violation of these usage guidelines is strictly prohibited and may result in the immediate termination of the Scarlet Blue Services you receive from Scarlet Blue. You remain solely liable and responsible for your use of the Scarlet Blue Services and any and all content that you display, upload, download or transmit through the use of the Scarlet Blue Services. Indirect or attempted violations of these usage guidelines, and actual or attempted violations by a third party on your behalf, are deemed to be violations of the usage guidelines by you.
2. ILLEGAL OR HARMFUL USEYou may use the Scarlet Blue Services only for lawful purposes. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited. Scarlet Blue reserves the right, at its sole discretion, to restrict or prohibit any and all uses of the Scarlet Blue Services or content in your advertisements and to remove any materials from its servers as it considers at its sole discretion to be harmful to its servers, systems, network, reputation, good will, other Scarlet Blue customers, or any third party. Examples of such material include, without limitation, any material that falls within the following categories:
InfringementMaterial which is an infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret, rights to keep information confidential, or other intellectual property rights used without proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works, and videos.
Offensive MaterialsMaterial which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Harmful ContentMaterial which constitutes the dissemination or hosting of harmful content including, without limitation, viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Fraudulent ConductMaterial which offers or disseminates fraudulent goods, services, schemes, or promotions (for example and without limitation, make money fast schemes, chain letters, pyramid schemes), or the furnishing of false data on any signup forms, contracts or online applications or registrations, or the fraudulent use of any information obtained through the use of the Scarlet Blue Services, including, without limitation, the use of credit card numbers.
3. SYSTEM AND NETWORK SECURITY AND INTEGRITYViolations of Scarlet Blue’s or any third party’s server, system or network security through the use of the Scarlet Blue Services are prohibited, and may result in criminal and civil liability. Scarlet Blue may, at its sole discretion, investigate incidents involving such violations. Scarlet Blue may involve and cooperate with any law enforcement agency if a criminal violation is reasonably suspected. Examples of server, system or network security violations include, without limitation, the following:
HackingUnauthorized access to or use of data, systems, server or networks, including any attempt to probe, scan or test the vulnerability of a system, server or network or to breach security or authentication measures without express authorization of the owner of the system, server or network.
InterceptionUnauthorized monitoring of data or traffic on any network, server, or system without express authorization of the owner of the system, server, or network.
Intentional InterferenceInterference with service to any user, host or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, broadcast attacks and any activity resulting in the crash of a host. Intentional interference also includes, without limitation, the use of any kind of program/script/command, or send messages of any kind, designed to interfere with a user ’s terminal session, via any means, locally or by the Internet.
Falsification of OriginForging of any TCP-IP packet header, e-mail header or any part of a message header. This prohibition includes the use of aliases or anonymous remailers.
Avoiding System RestrictionsUsing manual or electronic means to avoid any use limitations placed on the Scarlet Blue Services such as timing out.
Failure to Safeguard AccountsFailing to prevent unauthorized access to accounts, including any account passwords.
4. E-MAILYou may not distribute, publish, or send any of the following types of e-mail:
4.1. Unsolicited promotions, advertising or solicitations (commonly referred to as “spam”), including, without limitation, commercial advertising and informational announcements, except to those who have explicitly requested such e-mails. 4.2. Commercial promotions, advertising, solicitations, or informational announcements that contain false or misleading information in any form. 4.3 Harassing e-mail, whether through language, frequency, or size of messages. 4.4. Chain letters. 4.5. Malicious e-mail, including without limitation “mailbombing” (flooding a user or Web site with very large or numerous pieces of mail) or “trolling” (posting outrageous messages to generate numerous responses). 4.6. E-mails containing forged or falsified information in the header (including sender name and routing information), or any other forged or falsified information.In addition, you may not use Scarlet Blue’s mail server or another website’s mail server to relay mail without the express permission of the account holder or the website. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting) also is explicitly prohibited.
Terms and Conditions
1. Overview(a) Thank you for using Scarlet Blue. We provide a wide range of services, primarily including a digital and online platform to advertise escort services, through our website and emails (collectively, “Service”).
(b) Our online platform consists of our website located at www.scarletblue.com.au (the “Platform”), which is owned and operated by Fikandina Ltd. (“Scarlet Blue” “we”, “us”, “our”). Please read these terms and conditions (“Terms”) carefully as they form a contract between Platform users and us (“Agreement”). By using the Platform, you agree with and accept the Terms in this Agreement.
(d) We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2. Scope of Our Services(a) Our Platform is a digital marketplace that connects people seeking escort services (“Users”) with providers who offer those services (“Advertisers”). Users and Advertisers are both “Members” of the Platform for the purposes of this agreement.
(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 Scarlet Blue as a responsible provider of escort services; and
- (iii) encourage the responsible use of our Services and discourage any degrading, libelous or illegal uses of the Platform.
(g) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Advertiser’s Service on the Platform.
(h) When the User engages an Advertiser for their services after viewing their profile on the Platform, the User is directly entering into a binding contract with the Advertiser.
(i) We do not become a party to, or participant 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 all reasonable steps to ensure we, our Platform and our Service at all times complies with the relevant anti-discrimination laws as applicable in each State and Territory, that our Services do not portray people or material in a discriminatory way against a person or section of the community on account of their ethnicity, race, gender, age, sexual orientation, disability or impairment, political or religious belief or activity, or any other attribute as referred to under any State, Territory or Commonwealth anti-discrimination legislation. If a Member believes any aspect of our Platform or Service contravenes these laws, please contact us promptly so that we may resolve the issue.
3. Registration and Access to Service
3.1 Member UseBy accessing the Platform and using our Service as a Member:
(b) You represent and warrant that:
- (i) you are at least 18 years of age;
- (iv) you have the right, authority and capacity to agree to and abide by the terms of the Agreement;
- (v) you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other Scarlet Blue policies; and
- (vi) where an incident occurs during the provision of an Advertiser’s Service to a User, including but not limited to any loss, damage or injury, you will notify Scarlet Blue of such incident via email within 5 Business Days of the incident or circumstances occurring, notwithstanding your acknowledgment that Scarlet Blue is under no obligation to be involved in the resolution of any incident, nor will Scarlet Blue be liable to you whatsoever for any loss, damage or injury that may result from the incident.
- (i) we are not a party to, or a participant in, any contractual relationship between Members;
- (vii) we have no control over of the conduct of our Members or your interactions with other Members (whether in person or online). A User’s obtaining of and an Advertiser’s provision of any Advertiser’s Service is at each party’s own risk. You should always exercise due diligence and care when using the Platform;
- (viii) we do not guarantee the existence, availability, suitability, legality or safety of any Advertiser’s Service;
- (ix) you are responsible for maintaining the confidentiality of your Registration Information at all times 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 obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Members through the Platform (“User Content”, which includes Advertiser’s Material as defined below) and we do not control the accuracy or completeness of User Content; and
- (ii) notwithstanding clause 3(c)(i), we are not obliged to confirm the identity of the Platform users, including our Members;
(k) To use our Service, you must provide us with current, complete and accurate contact information, and other information (some of which is not mandatory) including, but not limited to, your working name, phone number, a valid email address, and password (“Registration Information”).
(l) You agree and acknowledge that:
In order to obtain access to the Platform, you may be required to supply proof of identification such as an ID card or passport to our third party processor, Sum and Substance Ltd (TPP). You acknowledge and agree that:
- a. all information provided to the TPP by any means and at any time, is true, correct, accurate, up to date and not misleading;
- b. where applicable, you will observe the TPP terms and conditions of use, (which you have acknowledged that you have read and understood prior to accessing the TPP or providing information to the TPP, as those terms may apply, from time to time;
- c. for the avoidance of doubt, any proof of identification information will not be owned or stored by us, and will only be held by the TPP;
- d. we retain the right, in our absolute discretion to refuse access to any Member who fails to comply with this clause 3(c)(i); and
(m) If your Registration Information changes, you must promptly update your Account to reflect those changes.
(n) By accessing the Platform and using our Service as an Advertiser, you agree and acknowledge that:
- (i) you are over 18 and will not imply that you are under the age of 18;
- (ii) you are independent and not working for or associated with any escort agency;
- (iii) you are the legal owner of any information or material (such as photographs or videos) posted to our Platform (“Advertiser’s Material”), that it relates only to you and that no other third party has any right to the Advertiser’s Material;
- (iv) you will not impersonate or pose as any other person;
- (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 refer User to any other advertising directory, website, or other platform for escort services, and that you will not use our Platform for any of those purposes;
- (viii) you (or any Related Entity or Related Party or Associated Entity (as defined in the Corporations Act 2001 (Cth)) do not have a concurrent interest in another website, business or venture that competes with our Platform, our Services, or Scarlet Blue;
- (ix) Scarlet Blue reserves the right to deregister or delete an Advertiser profile for any reason without liability;
- (xiii) you are not engaged as an agent or employee of Scarlet Blue and there is no contractual or implied relationship of employee/employer, agency, or independent contractor, between Scarlet Blue and the Advertisers. It is the express intention of Scarlet Blue and the Advertisers that any such relationships are denied; and
- (x) Scarlet Blue does not make any guarantees as to how often Advertisers will be contacted by Users.
4. Use of Platform
4.1 Member UseBy accessing the Platform, you must:
(a) use the Platform for lawful purposes only;
(o) not commit any act or engage in any practice that:
- (i) is harmful to our systems, reputation or goodwill; or
- (xiv) interferes 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) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(q) not restrict, or attempt to restrict, another user from using the Platform;
(r) not encourage or facilitate violations of the Terms;
(s) not distribute or send communications that contain:
- (i) spam, chain letters, fraudulent goods or pyramid schemes;
- (ii) false, forged or misleading information; or
- (iii) harassment or malice (such as “mailbombing” or “trolling”, or constitute harassment either in size or frequency of messages or language;
(t) not harvest or otherwise collect information about others, including Registration Information, without their consent;
(u) not bypass measures used to prevent or restrict access to our Service;
(v) not interfere with, transmit, sell, host, store or post any material on the Platform which interferes with the privacy of, or is intended to harass, intimidate, act violently or inappropriate towards or be discriminatory against another Member or is unlawful, defamatory, threatening, harmful, inflammatory or otherwise objectionable; and
(w) not infringe any intellectual property rights or any other contractual or proprietary rights of another Member or third party.
4.2 Advertiser Use(a) The Advertiser acknowledges and agrees to Scarlet Blue:
- (i) requiring an Advertiser to change its registration details or use a different method of accessing the Website from time to time;
- (ii) publishing the Advertiser’s Material supplied by the Advertiser, including photographs and information, on the Platform and any other websites or platforms managed by Scarlet Blue, in order to promote the Services;
- (iii) cropping or editing the Advertiser’s Material, if required, to improve the Advertiser’s listing or to fit within the Platform layout;
- (iv) for security measures we do not approve pre-blurred images, therefore all advertisers must use the platform’s pre-built blurring tool for image editing.
- (v) 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;
- (vi) reviewing and approving the Advertiser’s Material before it will be displayed on the Platform, and where required, requesting the Advertiser to amend the Advertiser’s Material if does not comply with the relevant State, Territory or Commonwealth laws. Any failure to comply with this request may result in the refusal to display or removal of the Advertiser’s Material from the Platform by Scarlet Blue without compensation to the Advertiser; and
- (vii) declining regular request by an Advertiser, in its absolute discretion, to image changes where the requests are made on a frequent basis, including but not limited to requests to change the City Slider image, where the request is made more than once every three months.
(b) The Advertiser warrants that:
- (i) they have obtained and maintain all consents, licences and approvals required to lawfully advertise and provide escort or sex work services in the relevant location where they advertise or provide such services;
- (ii) their advertisement is compliant with all relevant state and territory laws in the location where they are advertising or providing the Advertiser’s Services, include all relevant anti-discrimination laws in both the Advertiser’s Material and the Advetiser’s Service;
- (iii) they will indemnify Scarlet Blue against all claims, loss and damage suffered as a result of the Advertiser’s breach of this clause 4.2(b)(i) and (ii).
(c) The Advertiser acknowledges and agrees that:
- (i) they are responsible for the personal content and any changes to the content of the Advertiser’s personal website purchased and made available through the Platform;
- (ii) Scarlet Blue retains all Intellectual Property Rights in the personal websites;
- (iii) the Scarlet Blue logo forms part of the personal website layout and is not to be removed;
- (iv) the personal website will be of the same look and functionality as the Scarlet Blue website, that any customisation must be requested in writing, including details of the customization and that Scarlet Blue will then provide a quote for the customisation works;
- (v) Scarlet Blue is the administrator of all personal websites purchased and made available through the Platform and reserves the right to make changes to the personal website where it is no longer compliant with this Agreement; and
- (vi) in the event that the administrative log in details to a personal website are passed on to a third party by the Advertiser, Scarlet Blue will no longer be responsible for or provide technical support.
4.3 Advertiser’s Material and Image Verification(a) Members acknowledge that there may be differences between Advertiser’s Material and the Advertiser in real life.
(b) Scarlet Blue provides a non-compulsory Image Verification procedure which only reflects Scarlet Blue’s assessment, after making reasonable enquires, that the Advertiser’s Material are that of the Advertiser. Scarlet Blue will not be liable for any loss or damage suffered by a User as a result of their reliance on the Image Verification procedure.
(c) for security measures we do not approve pre-blurred images, therefore all advertisers must use the platform’s pre-built blurring tool for image editing.
(d) Where a complaint is received about the authenticity of Advertiser’s Material, Scarlet Blue will conduct the Image Verification procedure and may, it its absolute discretion, suspend an Advertiser’s account while the procedure is being completed to Scarlet Blue’s satisfaction.
(e) Where an Advertiser is found to have outdated Advertiser’s Material or the Advertiser’s Material is misrepresentative or misleading, Scarlet Blue may, it its absolute discretion, request new Advertiser’s Material. In the event that the request is refused, Scarlet Blue may cancel the Advertiser’s subscription.
(f) Where an Advertiser elects or is required to participate in the image Verification procedure, a verification photo must clearly show identifying features which would reasonably allow Scarlet Blue to verify that Advertiser’s identity through comparing the verification photo with the photos on the Advertiser’s profile.
(g) 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 the Advertiser has, such as tattoos, piercings, or other features.
(h) If Scarlet Blue is satisfied in its sole discretion that the verification photo matches the photos and material posted in the Advertiser’s profile, it may mark the profile with the “Photos Verified” seal.
5. User Content(a) You are solely responsible for User Content:
- (i) you post, publish or otherwise transmit through the Platform; and
- (ii) you obtain through accessing or using the Platform.
(b) You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes, including in designing and posting Advertiser profiles on our website.
(c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform.
6. Payment Terms
6.1 Payment method(a) Fees payable under this Agreement may be paid for using credit card or bit coin, using the payment details provided by Scarlet Blue from time to time.
(b) We reserve the right to change the payment processing service provider from time to time.
(c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(d) Extra fees for any overseas payment, or any payment type is possible from 3dt party merchant and should be acknowledge by advertiser or/and user
(e) The Member is responsible for:
- (i) ensuring that their nominated Payment Method has sufficient funds to pay the fees;
- (ii) paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Fees; and
- (iii) if any payment fails, any reasonable administration fees.
6.2 Subscription Fees(a) We charge fees to Advertisers in consideration for the access to and use of the Platform on a monthly basis, in advance (“Subscription Fees”).
(b) The Subscription Fees are displayed on our website and unless otherwise expressly stated, are all in Australian Dollars (AUD).
(c) We reserve the right to change the Subscription Fees at any time and we will provide you with reasonable notice of any changes to the Subscription Fees before they become effective. All Subscription Fees are set out on our Website and updated regularly.
(d) You are responsible for paying any Subscription Fees that you owe to us. Except as otherwise provided in these Terms, Subscription Fees are non-refundable.
6.4 Fees between Members(a) Payment arrangements between Advertisers and Users are to be arranged solely between the Advertiser and User. We do not accept any liability or responsibility for the payment of fees by Users to Advertisers in exchange for the Advertiser’s Services.
7. GST(a) The parties agree that the Subscription Fees are to be considered inclusive of GST (as per the meaning within A New Tax System (Goods and Services Tax) Act 1999 (Cth)). GST becomes payable on any party making a supply under this Agreement.
(b) As at the date of this Agreement, Scarlet Blue is registered for GST, and agrees to promptly inform its Members of any changes to that status.
8. Cancellations and Refunds(a) No refunds will be provided if an Advertiser changes their mind about using the Services before the end of the period that the relevant Subscription Fee they have paid for in advance applies.
(b) Where there is a major problem with the Service that constitutes a failure by us to meet a guarantee provided for under the Australian Consumer Law (“ACL”), an Advertiser may:
- (i) be entitled to cancel their subscription and receive a refund for services not yet consume; or
- (ii) elect to continue with their subscription and receive compensation for amount equal to the different in value between the Service received and what was paid; and
- (iii) contact us to report the major failure with the Service and we will facilitate the refund or compensation promptly, which may take up to 7 days to be received into an Advertiser’s nominated bank account.
(c) As a User, by securing an Advertiser’s Service through the Platform, you accept and agree:
- (iv) to any cancelation or refund policy (including any cancellation fees) that may be imposed by the Advertisers in the event of a User making a cancellation with the Advertiser; and
- (v) to any additional terms and conditions of the Advertiser’s Service that may apply to you.
(d) For the avoidance of doubt, we are under no obligation to facilitate refunds between Members or to resolve any disputes between members.
(e) Users acknowledge that we have no control of any Advertiser’s cancellation and refunds policy that may apply and that we are not liable to Users for any loss or damage that may occur where a request for a cancellation or refund is refused by an Advertiser.
(f) Advertiser acknowledge that time to time promotion code what is sent out in newsletter is valid for one time use, only advertiser can activate it, customer service is not responsible and can not add or/and credit manually the promotion.
9. Intellectual Property Rights(a) In these Terms, “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, “Platform Content”). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content and you must seek our prior written consent to use any such Platform Content.
(c) You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(e) The Advertiser grants Scarlet Blue with a worldwide, royalty-free, non-exclusive, irrevocable license to copy, distribute, reproduce, publish and transmit the Advertiser’s Material for the purposes of promoting the Services and warrants that the Advertiser’s is authorized to grant such a license.
(f) If an Advertiser submits any material, including User Content, to the Platform which contains music or audio content which is owned by another person or entity other than the Advertiser, Scarlet Blue may request that the Advertiser submit written evidence that they have obtained a license to use that material. Scarlet Blue may place the material containing the music or audio content into moderation before it approves and publishes the material online, until which time, the audio material will be muted.
10. Third Party LinksThe Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
11. DisclaimerTo the fullest extent permitted by law, you agree and acknowledge that:
(a) our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content and accept no responsibility for the completeness or accuracy of any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform in our discretion;
(d) we make no representation or warranty in relation to the Platform, the Services or the User Content;
(e) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(f) we make no warranty or representation that the Platform, including the search for information functionality, will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(g) we make no warranty or representation as to the suitability for view of the information available on the Platform, including User Content and Advertiser’s Material, by minors or any other person;
(h) we recommend Members use only personal computers and personal email addresses when accessing and using the Platform as we may send communications that are considered to be of a sensitive or personal nature;
(i) the Platform is a directory only, and Users should make reasonable efforts to satisfy themselves about the accuracy of the Advertiser’s profile, and the legitimacy, suitability, and qualification of the Advertiser to provide the Advertiser’s Service;
(j) we make no warranty or representation that the images and photos shown in an Advertiser’s profile are true and correct;
(k) we make no warranty or representation that the Advertiser a User meets in person is the same person that is shown in the Advertiser’s profile; and
(l) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
12. Exclusion and Limitation of Liability(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
- (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 as a result of that arrangement, including but not limited to permanent disability, sexually transmitted diseases, defamation, theft, rape or other indecent assault, harassment, stalking, bullying, suicide, misconduct, or death;
- (vi) the conduct of other Members;
- (vii) any Member breaching or failing to comply with any applicable laws;
- (viii) any Member breaching or failing to comply with any applicable Advertiser terms and conditions; and
- (ix) unauthorized creation, access or use of your personal information, Member Account or your User Content,
(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 13(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
- (i) the re-supply of the services or products; or
- (ii) the payment of the direct cost of having the services or products resupplied.
14. Indemnity(a) Advertisers and Users agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties and any action we are permitted or required to do under the Terms. This includes but is not limited to any:
- (i) claim against Scarlet Blue and/or its directors, officers and employees in relation to any tax, levy, registration or insurance arising out of the provision of the Advertiser’s Service other than any tax, levy, registration or insurance for which Scarlet Blue is responsible under this Agreement; and
- (ii) claim against Scarlet Blue and/or its directors, officers and employees in relation to a health and safety incident or issue that is connected to the Advertiser’s performance of the Advertiser’s Service.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
15. Termination(a) Advertisers may terminate this Agreement through the account management function available through the Platform and. termination will be effective immediately.
(b) Advertisers shall remain obligated to complete any outstanding payment for any Subscription Fee incurred before the Agreement termination date.
(c) We reserve the right to:
- (i) cease operating the Platform, without notice and for any reason; and/or
- (ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms; and/or
- (iii) terminate our relationship with an Advertiser without notice and with immediate effect if:
- a. a complaint is received about the Advertiser by a third party;
- b. where a third party takes action against Scarlet blue for any act, omission or negligence on the part of the Advertiser;
- c. where an Advertiser fails to participate in the Image Verification and/or Identity verification procedure or the procedure fails;
- d. representing that the photos or material of another person are their own;
- e. an escort agency posing as an independent escort;
- f. sending another person in their place for any Advertiser Services to a User;
- g. using our Platform to refer Users to another advertising directory or other website other than the Advertiser’s personal website; and
- h. using photos or material owned by a third party.
- i. Harassing emails sent to customer support or/and spamming customer support with non-appropriate language used by advertiser or member in written form.
(d) If one of the events described in clause 15(c) occurs, then:
- (i) the Advertiser will not have any access to the Platform, your Account or User Content;
- (ii) we will remove the Advertiser’s Material from the Platform however we will not be responsible for the visibility of the Advertiser’s Material on third party search engines; and
- (iii) we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.
16. Dispute Resolution(a) We reserve the right, but have no obligation, to monitor disputes between Members.
(b) If a dispute arises out of or relates to this Agreement as between us and a Member, a party must not commence legal proceedings relating to this Agreement unless the Party wishing to commence proceedings has complied with this clause 16. However, this clause will not apply where a Party seeks urgent interlocutory relief from a court.
(c) The parties shall without delay and in good faith cooperate with each other and use their best endeavors to resolve by mutual agreement any dispute or differences between them and all other difficulties which may arise from time to time in relation to this Agreement.
(d) If a dispute arises between the parties out of or relating to this Agreement (“Dispute”) then:
- (i) the party alleging the Dispute must notify the existence and nature of the Dispute to the other Party within 10 days of the dispute arising (the "Notification");
- (ii) upon receipt of a Notification the parties must commence negotiations to resolve the Dispute;
- (iii) if the Dispute is not resolved as provided in paragraph (ii) within 10 days of receipt of the Notification, then any party may refer the Dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the Dispute;
- (iv) any Dispute which is referred to mediation can be referred to the Resolution Institute and be conducted in accordance with the Mediation Rules of the Resolution Institute or the parties may appoint a Mediator by mutual agreement; and
- (v) if the Dispute is not resolved within 30 days of referral to Mediation, any party is free to initiate proceedings in a court in respect of the Dispute.
18.1 No WaiverNo waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
18.2 SeverabilityIf any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
18.3 Law and JurisdictionThese Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.
18.4 AssignmentScarlet Blue may at any time assign any and all of its rights, obligations and liabilities under this Agreement. Members are not entitled to assign any of their rights, obligations or liabilities under this Agreement without the prior written consent of Scarlet Blue, it is absolute discretion.
18.6 Feedback and ContactYour feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform and our Service ("Feedback"). You may submit Feedback by contacting us through the Platform.
© 2023 Fikandina Ltd. ALL RIGHTS RESERVED.
Terms last updated May 2023.