Fun Tree Terms & Conditions

PLEASE TAKE YOUR TIME TO READ THESE TERMS AND CONDITIONS BEFORE REGISTERING TO USE THE SERVICES.

These Terms govern your use of the Services offered on the Site and form a binding contractual agreement between you and Austech Software Pty Ltd trading as Fun Tree. For that reason, these Terms are important, and you should read them carefully before you use the Services.

By registering to use the Services, you agree that you have had sufficient chance to read and understand these Terms and that you agree to be bound by these Terms. You acknowledge and agree that these Terms incorporate the Website Terms of Use, the Privacy Policy, and the Replacement and Refund Policy.

You warrant that you are at least 18-years old and you are legally capable of entering into these Terms. Fun Tree specifically prohibits the use of the Site by minors.

If you do not agree to these Terms, you must not access or otherwise use the Site.

Scope of Services

We provide an online platform for the publication and display of advertising of prostitution services and social escort services in Australia. Registering for membership on the Site allows you to have your advertisement published and displayed on the Site subject to these Terms (Services).

Fun Tree does not become a party to any communications, posts, promises, proposals, resulting contracts or transactions entered into by you and users of the Site or the performance under such resulting contracts or transactions by users and the advertisers on the Site.

Fun Tree cannot ensure or guarantee that a user of the Site will complete a contract or transaction. You must undertake your own independent due diligence prior to contracting with users and ensure that you implement safety procedures whilst dealing with users.

You hereby release Fun Tree (and its affiliates, officers, directors, agents, subsidiaries, joint venturers, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you may have with any users of the Site, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance of any obligations of those users and payments for any services rendered.

Account and Security

When you register to the Site for the Services, you are provided with a user account and password. You must treat such information as confidential and you must not disclose it to any third party. If you have reason to believe that your account or password has been obtained by someone else without your consent, you must inform us immediately to disable your account.

We will not be liable for any losses associated with your account being compromised and your personal information being made publicly available. You acknowledge and agree that all advertisements are public, and you are responsible for any information that you choose to display publicly through your advertisement.

We have the right to disable any account or password at any time if we consider that you have failed to comply with any of the provisions of these Terms.

By registering to the Site and Services, you agree that all information provided during the registration process is true and accurate and you will update this information regularly in order to keep it current, complete, and accurate.

Advertisement Types

Standard Packages

Standard advertisement packages allow you to list on the website, the available packages are:

  • Free Package allow 90 Days free listing, only one free package is allowed per account
  • 30 Days Package for Au$ 59 include GST
  • 60 Days Package for Au$ 99 include GST
  • 100 Days Package for Au$ 149 include GST
  • 200 Days Package for Au$ 199 include GST
  • 365 Days Package for Au$ 299 include GST

Advertising periods commence from the date payment for your advertisement is received by Fun Tree. You may pause and publish your listing at any time, however pausing listing will not extend the expiry date. You can edit your listing as many times as you wish but each version will require admin approval that may take up to 24 hours.

Feature Packages are addition to the standard packages, adding a feature package will allow your listing to appear in the feature posts on the top of home page. Feature listing are displayed at random using certain criteria’s including searcher locality, search category. If your listing does not have an active standard package assign to it the feature package will not work and your listing will not be displayed until you renew a standard package, feature packages do no extend advertisement period.

Feature Packages

  • 7 Days package for Au$ 14 include GST
  • 14 Days Package for Au$ 25 Include GST
  • 30 Days Package for Au$ 39 Include GST
  • 90 Days Package for Au$ 99 Include GST
  • 365 Days package for Au$250 Include GST

Fun Tree reserve the right to update its advertisement types and fees from time to time and in its sole discretion. We will notify advertisers of any changes to our advertisement types and fees 14 days before we roll out updates by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for advertisers in our records.

Fun Tree also run promotion campaign on special event with unique voucher ID that may offer additional discount or effect the prices above.

Payments

Payments must be received by Fun Tree before the advertisement is published and displayed on the Site.

You will be notified by Fun Tree prior to the expiration of the advertising period so that you can choose to purchase a further advertising period. If you choose not to purchase a further advertising period, Fun Tree may remove your advertisement from the Site until such a time that you purchase a further advertising period. You may also choose to enable Auto renewal of the advertisement by enable Auto renewal in your account. If you decided to enable Auto renewal our payment processing provider Square will store your credit card details in their system.

Fun Tree may decide, at our option, to offer you a free period of advertising as part of any promotional campaign. In such cases, we will notify of when the complimentary advertising period will commence and finish.

Any payments are made through the relevant payment gateways. Fun Tree is not responsible or has any control over any third-party payment gateways. You acknowledge and agree that Fun Tree will not be liable for any loss or damage arising out of their use of a third-party payment gateway. Fun Tree advises that you should read and understand the terms and conditions of any third-party payment gateway prior to using them.

Advertiser Content

You must not incorporate any information or content to an advertisement (Advertiser Content):

  • unless you hold all necessary rights, licences and consents to do so;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
  • that is unsolicited, undisclosed or unauthorized advertising; or
  • that infringes the intellectual property or other rights of any person.

You agree to keep all records necessary to establish that your Advertiser Content does not violate any of the requirements above and make such records available upon our reasonable request.

Any opinions, advice, statements, services, offers, or other information incorporated into Advertiser Content are those of the respective advertiser and not of Fun Tree.

You retain ownership of your intellectual property in any Advertiser Content (if any). You grant to Fun Tree a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Advertiser Content for use in connection with providing the Services, including without limitation for promoting and redistributing part or all of the Site (and derivative works) in any media formats through any media channels.

You also grant each user of the Site a non-exclusive licence to access and view your Advertiser Content through the Site. The licences to Fun Tree and each user of the Site terminates within a commercially reasonably time after Fun Tree removes the Advertiser Content from the Site.

We reserve the right to remove your Advertiser Content or terminate your membership without notice at any time if you breach these Terms. Our decision is final, and we reserve the right (but assume no obligation) to edit, retract or delete the Advertiser Content that we consider unacceptable or inappropriate, or for any other reasons, which we disclose at our discretion and convenience.

You will be responsible for all aspects of the production of the Advertiser Content and abide by the terms in Prohibited Use set out below.

Please be aware that all Advertiser Content is subject to any restrictions of each relevant State or Territory. If you are unsure of what you can and cannot include in your advertisement, please consult with a legal advisor or online for the details of the rules from each State and Territory.

We moderate Advertiser Content per the Moderation Timeframes below before advertisement is published and displayed on the Site.

Moderation Timeframes

Any new and any changes to standard and featured advertisements will be moderated 24 hours a day, excluding Australian public holidays.

These timeframes are estimates only. Fun Tree do not guarantee the moderation timeframes and will not be liable for any loss or damage due to any delays during the moderation process.

Prohibited Use

In addition to the Prohibited Use outlined in the Website Terms of Use, the following prohibited conduct and use apply to advertisers:

  • non-compliance with the requirements under Advertiser Content;
  • using the Services as a minor;
  • posting or transmitting any material or information which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
  • creating any advertisements and Advertiser Content that are fraudulent, defamatory or infringing any intellectual property rights, confidentiality, or privacy of any person;
  • impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
  • posting or transmitting any material or information which is out of date, inaccurate or misleading; or
  • posting or transmitting any unsolicited advertising or promotional materials.

You must notify us of any conduct that you regard to be prohibited conduct or use under these Terms by emailing us at support@funtree.com.au. Fun Tree reserves the right, at its option, to undertake any remedial action, e.g. editing, retracting or deleting any content or advertising content or suspension and termination of access to the Site or Services.

Disclaimer

This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Site or Services, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

Fun Tree make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

We do not warrant:

  • that any Advertiser Content you submit to the Site will be protected against loss, misuse or alteration by third parties; or
  • specific or guaranteed distribution or extent of distribution for your advertisements; or
  • the accuracy, adequacy or completeness of Advertiser Content, nor do we undertake to keep Advertiser Content updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Site or Services.

Fun Tree Intellectual Property

Fun Tree owns or holds a licence to all intellectual property rights in the Site (text, graphics, logos, icons, sound recordings and software, and trade marks) excluding Advertiser Content. Nothing in these Terms constitutes a transfer of any intellectual property rights from Fun Tree to you.

You must not adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or commercialise any information, products or services obtained from any part of the Site without Fun Tree’ prior written consent.

You are permitted to use the Site only as authorised by us. As an advertiser, you are granted a limited, non-exclusive, revocable, non-transferable right to display your Advertiser Content on the Site as part of the Services and subject to these Terms.

You must not use any of our intellectual property:

  • in any Advertiser Content;
  • in or as the whole or part of your own trademarks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including this Site).

Limitation of Liability and Indemnity

You agree that we shall not be liable for any damages suffered as a result of using the Site or Services. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

We do not endorse any of your Advertiser Content and expressly disclaim any and all liability in connection with them. We do not confirm and verify Advertiser Content. In no event shall we be liable for any claims by a user or any third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited to, any misleading or deceptive statements and/or misrepresentations incorporated into any Advertiser Content. It is your sole responsibility to ensure the accuracy of the data inputted into Advertiser Content.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against Fun Tree for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site or Services.

As a condition of your access to and use of the Site and Services, you agree to defend, hold harmless, and indemnify Fun Tree and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:

  • your access to and use of the Site and Services, including any payment obligations incurred through the use of the Services; or
  • your breach of these Terms and any applicable law or the rights of another person or party;
  • any breach of contract or other claims made between users and advertisers; or
  • any liability arising from the tax treatment of payments or any portion thereof.

This indemnification survives the expiration or termination of these Terms.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included. However, Fun Tree’ liability will be limited to the terms of our Replacement and Refund define in this policy.

Replacement and Refund

This Replacement or Refund does not apply to you if:

your advertising has gone live on our Website, but you have simply changed your mind, decided you did not like the advertising or had no use for it, or found cheaper advertising elsewhere;

​you have breached our Advertiser Terms or any applicable law and regulation;

you asked for advertising to be done in a certain way against our advice or were unclear about what you wanted; or

any or all of our products are temporarily unavailable.

You can seek a replacement or refund by:

notifying Fun Tree about your request as soon as possible and before:

your advertising goes live; or

your membership registration becomes active; and

providing Fun Tree with sufficient information to assess your replacement or refund request, e.g. any errors that require correction.

A Fun Tree representative will contact you to determine whether to authorise a replacement or refund within 30 days from the date of your request. Fun Tree reserves the right, at its option, to authorise refunds, replacements, or credits on a case by case basis.

You acknowledge and agree that you are liable for any services rendered before we receive and process your replacement or refund request. Fun Tree may adjust any replacement or refund to account for the proportion of fees payable for any services rendered.

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this Site or through the Services.

Termination

We may terminate or suspend your access to the Site at any time without notice.

If we believe that you have breached our Terms or any applicable law, we will remove your advertisements from the Site and send you a notice as to why your advertisement has been removed. You may respond to our correspondence and we will assess whether to lift the suspension or termination at our sole discretion. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection under these Terms.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.

Violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

Governing Law

These terms and conditions are governed by the laws in force in the State of New South Wales. In the event that the State of New South Wales does not have jurisdiction to hear matter relating to this agreement, then the laws in the Commonwealth of Australia will apply. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

These Terms and the documents expressly referred to in them, constitute the entire agreement between you and Fun Tree, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Site and Services.

We each acknowledge that, in entering these Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

Last updated: 21-12-2018