Terms of Use

Updated September 28, 2018

PART A – INTRODUCTION

  1. AGREEMENT TO THESE TERMS AND CONDITIONS

1.1.              Every Advertiser who submits a request for advertising on, and every User who accesses, this agrees to these Terms and Conditions (which are deemed to include each of the Privacy Statement, Copyright and Trade Marks, Disclaimer, and Acceptable Usage sections all as modified from time to time for the Night Away website).

1.2.           By accessing, using, printing, installing, or downloading any material from the Website, or becoming a member of the Website, Advertisers and Users agree to be bound by these Terms and Conditions (as amended from time to time by Night Away, at its sole discretion and without the requirement of any notice to the Advertiser or User). Their use of the Website at any time and particularly after any such changes are implemented, constitutes their acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time. If the Advertiser or User does not agree to be bound by these Terms and Conditions, they may not enter the Website; they must exit the Website immediately and they may not use or access the Website or print or download any materials from it.

  1. NIGHT AWAY SERVICES

Night Away provides digital and online services to advertise escort services including websites, email and social media and provides web design services to its Advertisers (the “Night Away Services”).

 PART B – ADVERTISER

  1. ADVERTISING SERVICES

3.1.             By submitting an advertisement with Night Away, the Advertiser acknowledges that:

3.1.1.        they are over 18 years of age and will not imply that they are under the age of 18;

3.1.2.        they are the legal owner of any information and material (including photographs) submitted to and posted on the Website and no other third party has a right to such information and material.

3.2.             The Advertiser agrees not to impersonate or pose as any other person, and that all information and or material including photographs submitted to and posted on the Website relates to the Advertiser alone. The Advertiser will not under any circumstances send another person in their place for any appointment.  The Advertiser will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the Advertiser’s own personal website).

3.3.             The Advertiser agrees that if the Advertiser is found, in the opinion of Night Away acting reasonably, to:

3.3.1.          be using the photos or advertising material of another person as their own; or

3.3.2.          be an escort agency posing as an independent escort; or

3.3.3.          be sending another person in their place for any appointment; or

3.3.4.          be using the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website); or

3.3.5.       be using photographs, information and material not owned by them or which in Night Away’s opinion a third party has expressed a right over such photographs, information and material; or

3.3.6.          have breached any of these terms and conditions,

the Advertiser’s subscription may, in Night Away’s absolute and unfettered discretion (in addition to all other rights and remedies open to it), be cancelled without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.

3.4.           The Advertiser authorities and consents to Night Away publishing the Advertiser’s supplied photographs and information on the Website, and any other website Night Away manages in order to promote the Night Away Services, including on any social media platform. The Advertiser warrants that it is authorized to grant Night Away the licence in this clause.

3.5.             Night Away reserves the right to crop the Advertiser’s images if they do not fit with the Website layout, or to improve the Advertiser’s listing and the Advertiser authorizes such amendment.

3.6.             Subject to clause 3.6 , Night Away will publish images online in the manner they are received from the Advertiser, unless notified by the Advertiser in writing via email to do otherwise.  If the Advertiser requires their images to be cropped or blurred the Advertiser must notify Night Away at the time of providing these images.

3.7.             The Advertiser agrees it is their sole responsibility and not the responsibility of Night Away to ensure that and the Advertiser hereby warrants that:

3.7.1.        their advertisement is compliant with all relevant Canadian Provincial, Municipal and Federal laws and laws of any other country in which the Advertiser advertises, or provides, escort or sex work services, including Provinces, Territories and countries that the Advertiser is touring in, including but not limited to the:

3.7.1.1.        Fair Trading Acts in all applicable Provinces and Territories;

3.7.1.2.        Canadian Human Rights Act 1977 ; and

3.7.1.3.        all anti-discrimination and equal opportunity legislation applicable in the Province or Territory in which the Advertiser does business; and

3.7.1.4.        all legislation applicable to the advertising of escort or sex work services.

3.7.2.        they hold all consents, licences and approvals, necessary to lawfully advertise, and provide, escort or sex work services in any place, whether inside or outside Canada, where they so advertise or provide such services.

and the Advertiser releases and indemnifies Night Away in this regard

3.8.             The Advertiser understands that their advertisement will be reviewed and approved by Night Away before it will be displayed online. If Night Away finds there is any content that does not comply with Provincial, Municipal or Federal laws, Night Away will ask the Advertiser to amend this content before the Advertiser’s advertisement is approved. Without limiting any other rights and remedies available to Night Away at law or equity or statute or under these terms and conditions, if the Advertiser does not comply with any reasonable request from Night Away in that regard (the determination of which is solely at Night Away’s discretion) Night Away may in its sole discretion refuse to accept any such advertisement or, if any such advertisement is already on the website, to remove that advertisement forthwith without being liable to pay any compensation or damages or costs or interest of any sort to the Advertiser.

3.9.          The Advertiser will not place a link to any other advertising portal or directory on the Website.

3.10.          The Advertiser consents to receiving electronic communication from Night Away.

3.11.     The Advertiser’s acceptance of these Terms and Conditions also constitutes the Advertiser’s acceptance of the Night Away Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.

3.12.          All advertisements must be pre-paid, with the funds cleared in Night Away’s bank account before an advertisement can be displayed on the Website.

3.13.          The advertising period will commence at the time and date on which payment is received.

3.14.          If Night Away decides, in its absolute discretion, to give the Advertiser a free period of advertising, the Advertiser will be notified of the commencement and finish dates of the free period.

3.15.          Night Away may decide, in its absolute discretion, to allow the Advertiser to pause advertising.  Any advertising fees which have been pre-paid may be held as a credit for use at a later date but these credits must be used within ninety (90) days of the pause being initiated.  Any advertising credit not used within ninety (90) days will expire and (subject to applicable laws) no refund will be given.

3.16.          Night Away may, in its absolute discretion, terminate any advertising and subscription which breaches any of these Terms and Conditions or where the Advertiser breaches any of these Terms or Conditions (and subject to any applicable laws), without refund.

3.17.          Night Away understands that there may be slight differences between an Advertiser’s profile images and the Advertiser in real life, due to photographic techniques used as well as flattering lighting and angles. Image verification is not compulsory, however if a complaint is received about image authenticity then the Advertiser’s images must be verified as per the Night Away image verification process.  More details for this process may be obtained from Night Away upon request.   Night Away may, at its absolute discretion, immediately suspend any Advertiser’s website profile unless and until it is satisfied that the image verification has been, in Night Away’s sole opinion, satisfactorily completed.

3.18.        If the Advertiser is found to have images that are outdated and no longer represent the way the Advertiser looks, Night Away, in its absolute discretion, may ask for replacement images that are current and the Advertiser must supply them or Night Away may cancel the Advertiser’s subscription.

3.19.          The Advertiser is under no obligation or requirement to agree to these Terms and Conditions but in the event the Advertiser is unwilling or unable to agree with these Terms and Conditions Night Away is unable to provide the Night Away Services and advertising services to the Advertiser.

  1. WEB DESIGN SERVICES

4.1.         The Advertiser hereby gives authority for Night Away and its agents, employees and representatives to upload and publish the Advertiser’s supplied photographs for the purpose of the Advertiser’s personal website advertising.

4.2.             The Advertiser agrees that the Advertiser’s personal website content and any changes to this content is the Advertiser’s sole responsibility.

4.3.             The Advertiser agrees that Night Away retains legal and intellectual property rights in all designs or graphics created by Night Away.

4.4.             The Advertiser agrees that the Night Away logo forms part of the website design and is not to be removed.

4.5.             The Advertiser agrees that the standard Night Away website design is the same look and functionality as the theme the Advertiser has selected when placing their order. If the Advertiser wishes to customise the website to make it look or function in a different way to the selected theme, or add extra pages, this must be requested in writing with details of the customisation, and Night Away will supply a quote for these changes. The Advertiser will enter into a work order with Night Away before it makes such changes or customisation.

4.6.             Night Away is the super administrator of all websites it designs. If the Advertiser passes the administrative login to a third party (such as another web designer) Night Away will no longer be responsible or offer technical support for the website.

4.7.             In addition to all other rights and remedies available to Night Away at law, equity, statute or under these terms and conditions, Night Away reserves the right to make changes to the Advertiser’s website if it is no longer compliant with these Terms and Conditions and the website is hosted by Night Away.

  1. SEARCH FOR INFORMATION SERVICES

5.1.             The Advertiser advertises on the Website at their own risk.

5.2.             Night Away provides the search for information services as part of the Night Away Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Night Away cannot accept responsibility for such errors and omissions but invites Advertisers to inform it if any are discovered.

5.3.         Night Away is not responsible for, and expressly disclaims all liability for, damages of any kind arising from transactions that are instigated because of the Advertiser advertising or using the Website.

5.4.        Night Away recommends Advertisers use only personal computers and personal email addresses when accessing and using the site as Night Away will send emails and advertising material to the Advertiser which the Advertiser may find to be of a sensitive or personal nature.

5.5.             Without limiting clause 5.3 , Night Away will not be responsible for any monies lost by Advertisers in respect of transactions that are instigated because of such advertisements or use of the Website. Night Away recommends that Advertisers express caution when accepting any pre-payments or deposits from any Users.

  1. OBLIGATIONS OF THE ADVERTISER

The Advertiser acknowledges, covenants and warrants that:

6.1.            they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Night Away (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;

6.2.             they will not under any circumstances pose as any other person or send another person in their place for any appointment;

6.3.         they own all intellectual property in, or are legally authorised to use and distribute, any photographs, videos, music and any other advertising material of any description submitted to Night Away and have free and unfettered right to use and distribute such photographs, videos, music and any such other advertising material;

6.4.             they will not use the Website to refer Users to any other advertising directory, dating website or any other website (except the client’s own personal website);

6.5.             they will uphold the good name and protect the goodwill of Night Away at all times (the determination of which is solely at Night Away’s discretion);

6.6.             they will conduct themselves in a professional manner at all times and comply with their obligations under these Terms and Conditions;

6.7.             they will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Night Away;

6.8.             they will not interfere with or disrupt the access of other Advertisers or Users of the Website in any way;

6.9.        they will not place on the Website any material which is unlawful, harassing, libellous, abusive, threatening, harmful, discriminatory or otherwise objectionable of any kind (including any third party intellectual property, without the consent of the owner of that third party intellectual property);

6.10.          all information provided by the Advertiser to Night Away (including any images which relates to the Advertiser in any way) is true and accurate in every detail and all required consents for its disclosure have been obtained by the Advertiser;

6.11.          that the publication of their photographs and advertising material does not breach or infringe:

6.11.1.     the Competition and Consumer Act (Cth) or equivalent Provincial legislation;

6.11.2.     any copyright, trade mark, obligation of confidentiality or other personal or proprietary right including intellectual property rights;

6.11.3.     any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

6.11.4.     Provincial or Commonwealth privacy legislation or anti-discrimination legislation; or

6.11.5.     any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a Province or Municipality); and

6.12.          that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

  1. PAYMENT OF THE FEES

The Advertiser agrees to pay the Fees in the following manner for obtaining Night Away Services:

7.1.             General

7.1.1.        In order to access the Website, the Advertiser must pay the Fees shown in the member pages of the Website, once the Advertiser has registered on the Website as a member and logged on to the member’s area of the Website.

7.1.2.        All Fees are due and payable in accordance with the requirements of each Night Away Services (as set out from time to time on the Website).

7.1.3.        Pre-payments are encouraged from Advertisers and attractive discounts are available for such pre-payments (as set out from time to time on the Website).

7.1.4.        Payments will not be treated as received or paid until they have actually been received by Night Away.

7.2.             Payment Methods

7.2.1.        Payment methods are by Interac e-Transfer to Night Away’s nominated bank account or by Bitcoin.

7.2.2.        For payments by direct deposit into the Night Away nominated bank account, one renewal notification will be sent to the Advertiser by email.

7.2.3.       Email notifications will be sent three (3) days prior to the payment due date. To ensure uninterrupted advertising on the Night Away Website, the Advertiser must make payment by no later than 48 hours after the due date.

7.2.4.        If payment is not received within 48 hours after the expiry date of the current advertising period, Night Away reserves the right to suspend the Advertiser’s advertising until payment is received.

7.3.             Refunds

7.3.1.        Subject to the requirements of any applicable laws:

7.3.1.1.    refunds are made at the absolute discretion of Night Away; and

7.3.1.2.    in the case of pre-payments, as the Advertiser will have already received a discount for making a pre-payment, no further refund will be available to the Advertiser if the Advertiser changes their mind about using the Night Away Services prior to the end of the period for which the Advertiser has made a pre-payment.

7.3.2.        Refunds will be processed promptly and payment made by direct deposit to the Advertiser’s nominated account. Refund payments may take up to seven (7) business days to be received.

  1. INTEREST ON OVERDUE PAYMENTS

The Advertiser must pay on demand interest on any money due but unpaid by the Advertiser to Night Away. Interest is payable at the Default Interest Rate and is to be computed on daily rests from the due date for payment of the money until payment of that money is received by Night Away in full. Interest not paid when due is to be capitalised at monthly intervals.

  1. GST

9.1.             Unless stated otherwise all of the Fees are inclusive of GST and HST.

9.2.             Subject to clause 9.1 , if any payment made by one party to any other party under or relating to these Terms and Conditions constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will subject to the receipt by the payer of a tax invoice in the prescribed form be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply.

  1. SOCIAL MEDIA

10.1.        Subject to clause 10.2 , the Advertiser, when they initially sign up for the Night Away Services, will be automatically promoted via social media platforms (as selected by Night Away, at its sole discretion, from time to time). Such social media may include Twitter and Facebook.

10.2.       If the Advertiser decides not to be promoted on social media, they may email us at support@nightaway.ca advising us that they wish to opt out of social media promotion.

10.3.          If the Advertiser decides not to be promoted on social media in the future, or if the Advertiser’s Night Away advertising is terminated, the Advertiser agrees and understands that previous social media posts will remain online, and will not be automatically deleted by Night Away.

10.4.          If the Advertiser wishes to have previous social media posts deleted, the Advertiser must provide the direct links of all of these posts to Night Away. Night Away will not be responsible for any social media posts that are not removed. The Advertiser acknowledges that Night Away will not use any tools such as URL removal tools in this regard.

  1. THIRD PARTY SEARCH ENGINES

11.1.          If the Advertiser’s subscription is cancelled, terminated or expires Night Away will remove the Advertiser’s content from the Website after the cancellation, termination or expiration.

11.2.          The Advertiser acknowledges that notwithstanding the cancellation, termination or expiration of the Advertiser’s subscription the Advertiser’s content on the Website may still be viewable on the Website and third party search engines (notwithstanding its removal from the Website) and Night Away is not responsible for such content being visible and indexed by third party search engines. The Advertiser acknowledges that Night Away will not use any tools such as URL removal tools in this regard.

PART C – USER

  1. SEARCH FOR INFORMATION SERVICES

12.1.          The User searches and uses the Website at their own risk.

12.2.          Night Away provides the search for information services as part of the Night Away Services as a service to its Advertisers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and Night Away cannot accept responsibility for such errors and omissions but invites Users to inform it if any are discovered.

12.3.        To the maximum extent permitted by law or statute, Night Away is not responsible for, and expressly disclaims all liability for, damages or loss of any kind arising from any form of use of the website including but not limited to use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.

12.4.          The Website is a directory only and Users should satisfy themselves as to the accuracy of the advertisement and the legitimacy, suitability and qualification of the Advertiser.

12.5.          Without limiting clause 12.3, Night Away will not be responsible for any monies lost by Users in respect of transactions that are instigated because of such advertisements or use of the Website. Night Away recommends that Users express caution when making any pre-payments or deposits to any Advertisers.

12.6.       Night Away recommends Users use only personal computers and personal email addresses when accessing and using the Website as Night Away will send emails and advertising material to the User which the User may find to be of a sensitive or personal nature.

12.7.          The User consents to receiving electronic communication from Night Away.

12.8.          The Users’ acceptance of these Terms and Conditions also constitute the User’s acceptance of the Night Away Copyright, Privacy Statement, Disclaimer and Acceptable Use Policy.

12.9.       The User is under no obligation or requirement to agree to these Terms and Conditions but in the event the User is unwilling or unable to agree with these Terms and Conditions, Night Away is unable to provide the Night Away Services.

  1. OBLIGATIONS OF THE USER

The User acknowledges, covenants and warrants that:

13.1.         they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third party website) without the prior consent of Night Away (or the relevant third party website owner(s)), including saving the clips on the Website to any type of media;

13.2.          they will comply with their obligations under these Terms and Conditions;

13.3.          they will not use the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to Night Away;

13.4.          they will not interfere with or disrupt the access of other Users of the Website in any way;

13.5.          they will observe and be bound by the Acceptable Usage Rules;

13.6.          it is their sole responsibility and not the responsibility of Night Away to ensure that they comply with all laws relevant to the engagement of escort or sex work services in the place where they engage such services, whether inside or outside Canada; and

13.7.          they release and discharge Night Away from all liability for damages or loss of any kind arising out of use, reference to, or reliance on any advertisements contained on the Website or transactions that are instigated because of such advertisements or use of the Website.

PART D – IMAGE VERIFICATION

  1. IMAGE VERIFICATION

The Advertisers and Users acknowledge that:

14.1.          Night Away provides an optional image verification procedure. Advertisers who opt to take part in image verification must supply a verification photo. The verification photo must show identifying features which match the Advertiser’s profile photos.  Advertisers must not under any circumstances provide false or misleading information as part of the image verification service;

14.2.          some of the identifying features Night Away may use are any or all of the following (without limitation):

14.2.1.     a photo showing matching clothing or lingerie from the Advertiser’s photo shoot;

14.2.2.     a photo showing the Advertiser’s facial features;

14.2.3.     a photo showing the Advertiser’s body which matches the style of the body in the Advertiser’s profile images; and

14.2.4.     a photo showing matching features such as tattoos;

14.3.          Night Away will only mark a profile with the “Verified” seal, if Night Away is satisfied (in its absolute and sole discretion) that the verification image supplied by the Advertiser closely matches the images in the Advertiser’s profile;

14.4.          although Night Away uses all reasonable means available to Night Away to verify an Advertiser’s photos, Night Away does not warrant or represent that the image is true and correct;

14.5.         Night Away does not warrant or represent, and provides  no guarantee, that the Advertiser that a User meets in person is the same person as that shown in the Advertiser’s profile images, and all Users must make their own judgment and enquiries about whether or not to proceed with any booking; and

14.6.          image verification only reflects Night Away’s reasonable opinion (after making all reasonable enquiries) that the images in the Advertiser’s  profile are that of the Advertiser, and Night Away will not be responsible or liable if the images are not those of the Advertiser.

PART E – GENERAL

  1. POWERS OF Night Away

15.1.          Advertisers and Users generally

The Advertiser and the User agree that:

15.1.1.     Night Away at its sole and absolute discretion may refuse, without requiring any notice to them:

15.1.1.1. to accept or display any advertisement or any other content provided by the Advertiser for the Website or otherwise; or

15.1.1.2. to allow the User to access the Website.

15.1.2.     Night Away may modify the Website or any Night Away Service (including, without limitation, the Fees payable from time to time) in any way, without notice to the Advertiser or the User.

15.1.3.     Night Away may modify these Terms and Conditions without notice to the Advertiser or User and such modifications will apply from the time that they are made.

15.1.4.     Upon payment of the Fees, the Advertiser will be provided by Night Away via the Website, or by email, with the means to access the Website, such as an activation key and password.

15.1.5.     Night Away may require an Advertiser to change its user name or password or use a different method of accessing the Website from time to time.

15.1.6.     If an Advertiser or User has breached these Terms and Conditions, the Acceptable Usage Policy or any other relevant documents governing the relationship between Night Away and the Advertiser or the User, then, in addition to all other rights and remedies available to it at law or equity or under statute, Night Away may terminate, without notice, the Advertiser’s or User’s  membership/subscription to the Website.

15.2.          Advertisers

In addition to the rights of Night Away under clause 3, Night Away reserves the right to terminate or cancel any advertising, without notice to the Advertiser and at Night Away’s sole and unfettered discretion, where:

15.2.1.     a complaint about the Advertiser is received from any third party;

15.2.2.     if the Advertiser is asked to provide image verification and fails to do so, or the image verification fails;

15.2.3.     if a third party takes any action against Night Away for any act, omission or negligence on the part of the Advertiser (including but not limited to sending another person in their place to any appointment or providing deceptive or misleading images of the Advertiser to Night Away);

15.2.4.     if, in the reasonable view of Night Away, the Advertiser has engaged in deceptive or misleading advertising or conduct;

15.2.5.     if, in the reasonable view of Night Away, the Advertiser is bringing  Night Away or the Website into disrepute;

15.2.6.     if, in the reasonable view of Night Away, the Advertiser is working for or represents an escort agency;

15.2.7.     if the Advertiser’s images are found on the website of an escort agency; or

15.2.8.     if the Advertiser’s images are found on any third party website, or in the reasonable view of Night Away, the ownership of any image is in doubt.

  1. REPRESENTATIONS, WARRANTIES AND NEGATIVE WARRANTIES

16.1.          The Advertiser and the User acknowledge and agree that Night Away has not made any representation or given any warranties:

16.1.1.     in relation to the Website; or

16.1.2.     in relation to the training materials and other services provided by Night Away via the Website or otherwise; or

16.1.3.     the Night Away Services.

16.2.          The Advertiser and the User and any other third party acknowledge that Night Away is not responsible in any way for any actions, omissions or negligence on the part of any Advertiser and Users of the Website and that any contract formed between Advertisers and Users as a direct or indirect result of the provision of Night Away Services, is solely and wholly between the Advertiser and User and not, under any circumstances, with Night Away.

16.3.          Night Away will use its reasonable endeavours to protect all private information of the Advertiser and Users of the Website.

16.4.       Advertisers and Users acknowledge and agree that data transmission over the internet cannot be guaranteed as totally secure.  Whilst Night Away will use its reasonable endeavours to protect such information, Night Away does not warrant and cannot ensure the security of any information which is transmitted to Night Away.  Accordingly, any information which an Advertiser or User transmits to Night Away is transmitted at their own risk, including (without limitation) private email addresses, personal information and images. Night Away takes reasonable steps to preserve the security of such information and images, but will not be held responsible if the information or images become public, under any circumstances.

16.5.          Night Away gives no warranty as to accuracy, suitability or functionality of the Website or the Night Away Services. The Advertiser and User acknowledge that from time to time there may be faults, defects and errors with the Website and they must not hold Night Away responsible in this regard. If they become aware of such faults, defects or errors they must inform Night Away.

  1. LIABILITY, INDEMNITY AND RELEASE

17.1.          To the extent permitted by law, Night Away (including its respective officers, employees, sub-contractors and agents) is not responsible or liable whatsoever for:

17.1.1.     cancellation, modification, suspension or delay of the Night Away Services;

17.1.2.     the unavailability or inaccessibility of the Night Away Services and Website for any reason;

17.1.3.    any loss suffered or sustained to a person or property, including but not limited to consequential (including economic) loss, by reason of any act or omission, deliberate or negligent by Night Away or its servants or agents in connection with the Night Away Services, the Website and any person agreeing to these Terms and Conditions.

17.2.          The Advertiser and the User indemnify and keep indemnified Night Away, its officers, employees, sub-contractors and agents on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal costs (including but not limited to its own legal costs on a solicitor and own client basis) which Night Away pays, suffers or incurs or is liable for in respect of:

17.2.1.     any negligent act or omission of the Advertiser or User, including (without limitation), sharing their user name and password with any other third parties;

17.2.2.     any act or omission of the Advertiser or User which is intended to cause damage in any way to Night Away knowingly or unknowingly;

17.2.3.     any breach of these Terms and Conditions;

17.2.4.     the failure to comply with these Terms and Conditions; and

17.2.5.     Night Away doing anything which the Advertiser or User must do under these Terms and Conditions but has not done or which Night Away considers has not done properly.

17.3.          The Advertiser and the User release Night Away from, and agree that Night Away is not liable for any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from anything Night Away is permitted or required to do under these Terms and Conditions.

17.4.          Advertisers and Users acknowledge that certain risks might arise from any contract, agreement or arrangement between an Advertiser and a User for the supply of escort or other services including, but not limited to:

17.4.1.     injury;

17.4.2.     death;

17.4.3.     permanent disability;

17.4.4.     sexually transmitted diseases;

17.4.5.     defamation;

17.4.6.     theft;

17.4.7.     rape or other indecent assault;

17.4.8.     harassment;

17.4.9.     stalking;

17.4.10.  bullying;

17.4.11.  suicide;

17.4.12.  misconduct,

(“the Risks”).

17.5.          Advertisers and Users acknowledge and accept that they assume all responsibility and liability for the Risks, and release Night Away from, and indemnify Night Away against, any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (including but not limited to its own legal costs on a solicitor and own client basis), arising from the Risks.

17.6.          Subject to these Terms and Conditions and this clause 17, Night Away is found to be liable its liability is limited as set out in clause 17.7.

17.7.          To the maximum extent permitted by law or statute, the aggregate liability of Night Away to the Advertiser or User or any other party who may have a claim against Night Away in respect of the Website and/or Night Away Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Advertiser or User (if any) for the Night Away Services or the cost of their re-supply, whichever Night Away elects in its absolute discretion and for a period of 30 days from the event which gave rise to such liability.

  1. DISCLAIMER

18.1.          Night Away gives no warranty or representation in relation to the supply of the Night Away Services and the Advertiser and User acknowledge that they have not relied on any representation or warranty made by or on behalf of Night Away in relation to the Night Away Services.

18.2.          Any warranties or conditions implied by law, either by statutory instrument or otherwise in respect of Night Away or the Night Away Services, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.

18.3.         The Advertiser and the User acknowledge that they have undertaken their own inspections and made independent enquiries in reaching any decision to purchase the Night Away Services pursuant to these Terms and Conditions.

18.4.          The Competition and Consumer Act 2010 (Cth) as well as other laws in Canada may imply certain conditions, warranties and undertakings and give the Advertisers and Users other legal rights.  If they apply to the Night Away Services the Advertiser and User acknowledge that they cannot be modified or excluded by any contract.  Nothing in these Terms and Conditions generally affects their rights under Canadian consumer law and the equivalent Provincial and Municipal fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.

  1. LINKS TO OTHER WEBSITES

19.1.          Night Away may from time to time provide on the Website, links to other websites and information on those websites for the Advertisers’ and Users’ convenience. This does not imply sponsorship, endorsement, or approval or arrangement between Night Away and the owners of those other websites. Night Away takes no responsibility for any of the content found on such linked websites.

19.2.          The Website may contain information provided by third parties for which Night Away accepts no responsibility whatsoever including, without limitation, for information or advice provided to the Advertiser or User directly by third parties. Night Away is making a ‘recommendation’ only and are not providing any advice and Night Away is not responsible for any advice received in this regard.

  1. TERMINATION

20.1.          In addition to all other rights and remedies available to it at law or equity or statute, Night Away may terminate the agreement with the Advertiser as set out in these Terms and Conditions at any time without notice.

20.2.          In addition to all other rights and remedies available to it at law or equity or statute, upon termination:

20.2.1.     Night Away will remove the Advertiser’s access to the Website; and

20.2.2.     where applicable, the Advertiser must immediately pay Night Away any outstanding Fees that it owes Night Away.

20.3.     The obligations of the Advertiser under any clause of these Terms and Conditions, survive the termination of this agreement.

  1. ASSIGNMENT

21.1.          Night Away may at any time assign all or any of its rights and liabilities arising under these Terms and Conditions.

21.2.        The Advertiser is not entitled to assign or purport to assign any of its rights or liabilities under these Terms and Conditions without the prior written consent of Night Away (which consent may be given or withheld or given subject to conditions in Night Away’s absolute discretion).

  1. ACCEPTABLE USAGE RULES

The Advertiser and the User agree that the Acceptable Usage Rules form part of these Terms and Conditions and if there is any conflict between these Terms and Conditions and the Acceptable Usage Rules, then these Terms and Conditions will prevail to the extent of any inconsistency.

  1. UNFORESEEN CIRCUMSTANCES

Night Away will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure, hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the Websites performance.

  1. DISCRIMINATION POLICY

24.1.          Application

This policy applies to all Advertisers and Users of Night Away, the Night Away Services and the Website.

24.2.          Discrimination

24.2.1.     Night Away takes seriously its responsibility to comply with all anti-discrimination laws.

24.2.2.     Night Away has taken all reasonable steps to ensure it is at all times complying with all anti-discrimination laws, and that the Night Away Services do not portray people or depict material in a way which discriminates against or vilifies a person or section of the community on account of race, ethnicity, nationality, gender, age, sex, sexual orientation, transgender status, marital status, family responsibilities, religion, disability or impairment, mental illness, political belief or activity, religious belief or activity, breastfeeding or any other attribute identified under Provincial, Municipal or Federal anti-discrimination or human rights legislation, or personal association with a person with the attributes identified.

24.2.3.     If an Advertiser or User believes that any aspect of the Website or Night Away Services contravenes any anti-discrimination laws, Night Away requests that they contact Night Away to resolve the issue.

24.3.          Compliance by Advertisers

24.3.1.     Advertisers must comply with all Provincial, Municipal and Federal anti-discrimination laws which may affect them.

24.3.2.   If an Advertiser is found to be in breach of any anti-discrimination law (including but not limited to an Advertiser’s advertisement or conduct breaches anti-discrimination law) Night Away reserves the right to immediately cancel the Advertiser’s subscription and/or account without refund (except as required at law) and the Advertiser’s profile will be immediately removed from the Website.

  1. GENERAL

25.1.          Independent legal and financial advice

By agreeing to abide by these Terms and Conditions, the Advertiser and the User warrant that they have reviewed these Terms and Conditions and have:

25.1.1.     obtained independent legal and financial advice; or

25.1.2.     had the opportunity to consult independent legal and financial advice,

on these Terms and Conditions.

25.2.          Severability

If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms and Conditions is not affected.

25.3.          Notices

A party may validly give a notice to another party only by:

25.3.1.     personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);

25.3.2.     leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);

25.3.3.     posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);

25.3.4.     emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent and the sender receiving notification of the successful delivery of the email transmission; or

25.3.5.     sending the notice by facsimile, without transmission error (the notice is treated as received on production of a “successful transmission” notice) to the facsimile number of the party.

25.4.          Waiver

Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:

25.4.1.   is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and

25.4.2.     must be in writing and signed by the party granting the waiver.

25.5.          Amendments

Night Away may amend these Terms and Conditions at any time and the Advertiser and the User agree to be bound by the Terms and Conditions as amended.

  1. DEFINITIONS AND INTERPRETATION

26.1.          Definitions

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

26.1.1.     Acceptable Usage Rules means the Acceptable Usage Rules which govern the use of the Website.

26.1.2.     Advertiser means a person or entity who advertises on the Website and/or engages the services of Night Away in respect of website design in accordance with these Terms and Conditions.

26.1.3.     Default Interest Rate means a percentage interest rate per annum equal to the rate set  by Night Away’s bank as its benchmark rate for overdrafts of $100,000.00 or more plus 2% or, if there is no such rate, the rate of 12% per annum;

26.1.4.     Fees means the fees, which are set out on the Website (as amended from time to time) and which are payable by the Advertiser and/or User (as the case may be) for accessing the materials on the Website.

26.1.5.     GST means any tax, levy, charge, or impost implemented under the GST Act;

26.1.6.     Night Away Services means all of the services provided by Night Away to an Advertiser and User pursuant to these Terms and Conditions.

26.1.7.     Terms and Conditions means these terms and conditions as amended from time to time.

26.1.8.  User means a person or entity who uses and accesses the Website in accordance with these Terms and Conditions.

26.1.9.  Website means the website www.nightaway.ca or such other website or social media platforms operated by Night Away from time to time from which Night Away provides the Night Away Services.

26.2.          Interpretation

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

 

26.2.1.     clause and subclause headings are for reference purposes only;

26.2.2.     the singular includes the plural and vice versa;

26.2.3.     words denoting any gender include all genders;

26.2.4.     reference to a person includes any other entity recognised by law and vice versa;

26.2.5.     where a word or phrase is defined its other grammatical forms have a corresponding meaning;

26.2.6.     any reference to a party to these Terms and Conditions includes its successors and permitted assigns;

26.2.7.     if a party consists of more than one person, these Terms and Conditions binds them jointly and each of them severally;

26.2.8.     any reference to any agreement or document includes that agreement or document as amended at any time;

26.2.9.     the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

26.2.10.  the expression at any time includes reference to past, present and future time and the performance of any action from time to time;

26.2.11.  an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

26.2.12.  an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;

26.2.13.  reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in these Terms and Conditions means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;

26.2.14.  reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated;

26.2.15.  these Terms and Conditions may not be construed adversely to a party only because that party was responsible for preparing it.

 

© 2018 Night Away  - featuring the most beautiful independent escorts in Canada.
Terms and Conditions    Privacy Policy