Site users & visitors

Hush Hush Terms and Conditions of Use

PLEASE TAKE YOUR TIME TO READ THESE TERMS AND CONDITIONS BEFORE USING THE SITE.

These Terms govern your use of the Site located at Uniform Resource Locator < www.hushhush.com >, and form a binding contractual agreement between you, the user of the Site, and us, Hush Hush ABN 45 582 162 261. For that reason, these Terms are important and you should read them carefully before you use the Site.

By using the Site, including viewing or browsing the Site, 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 Privacy Policy and the Advertiser Terms.

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

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

Accessing the Site

You acknowledge and agree that although we will use all reasonable efforts to ensure that the Site is available, temporary interruptions to the Site may occur. Hush Hush shall not be liable to any person for any loss or damage incurred due to such temporary interruptions.

All content provided on or through the Site are provided ‘as is’ and ‘as available’. Any material on the Site may be out of date at any given time and we are under no obligation to update such material.

The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of fitness for a particular purpose. Your use of the Site is solely at your own risk.

We reserve the right to withdraw or amend the Site or content provided through the Site without notice. We may restrict access to some parts of or the entire Site from time to time.

Scope of Services

We provide an online platform for the publication and display of advertising of prostitution services, escort services, topless services and other explicit services in Australia. Hush Hush does not become a party to any communications, posts, promises, proposals, resulting contracts or transactions entered into by users and the advertisers on the Site or the performance under such resulting contracts or transactions by users and the advertisers on the Site.

Hush Hush cannot ensure or guarantee that an advertiser will complete a contract or transaction. You must undertake your own independent due diligence prior to contracting with advertisers and ensure that you implement safety procedures whilst dealing with advertisers.

You hereby release Hush Hush (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 advertisers on the Site, whether it be at law or in equity. This includes, without limitation, any disputes regarding the performance, functions, and quality of those services provided by the advertisers on the Site and requests for refunds based on such disputes.

Prohibited Use

You acknowledge and agree that you are responsible for your own conduct while using the Site and for any consequences arising from such use of the Site. You agree to only use the Site for purposes that are legal, proper, and in accordance with these Terms.

Prohibited conduct and use includes, but are not limited to:

Defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
Uploading, posting, emailing or transmitting or otherwise making available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law and these Terms;
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;
Restricting or inhibiting any other users from using the Site;
Using the Site for any illegal or unauthorised purpose;
Interfering with or disrupting the Site or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or collect information or data contained within site about users for any unauthorized purpose;
Creating any user accounts by automated means or under false or fraudulent pretences;
Promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual;
Transmitting any viruses, worms, defects, Trojan horses, or any harmful code through the Site;
Adapting, reproducing, storing, distributing, transmitting, printing, displaying, publishing or creating derivative works from any material or content downloaded from the Site; or
Commercialising any information, products or services from any material or content downloaded from the Site.

You must notify us of any conduct that you regard to be prohibited conduct or use under these Terms by emailing us at admin@hushhush.life. Hush Hush 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.

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 unauthorised access or, alteration of or use of record in connection with the use or operation of the Site, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

Hush Hush make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the content, including any Advertiser Content, contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Hush Hush Intellectual Property

Hush Hush 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 Hush Hush 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 Hush Hush’ prior written consent.

You are permitted to use the Site only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to view and download content subject to these Terms.

You must not use any of our intellectual property:

In or as the whole or part of your own trade marks;
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).

Unless expressly stated, all persons, third party trademarks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with Hush Hush and you should not rely on the existence of such a connection. Where a trademark or brand name is used, it is solely used to describe or identify products or services.

Advertiser Content

The Site publishes and displays advertisements for services provided by advertisers (Advertiser Content). Any information or content made available by these advertisers are those of the respective advertiser(s) and not of Hush Hush. Hush Hush do not endorse any Advertiser Content appearing on the Site nor are we responsible for the accuracy or reliability of any opinion, advice, information or statement made on Advertiser Content available on the Site.

While Hush Hush uses all reasonable endeavours to moderate Advertiser Content, Hush Hush cannot confirm or verify and therefore cannot guarantee that any Advertiser Content is accurate or error-free.

Third Party Websites

The Site may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. These websites are not under our control and are not maintained by Hush Hush. We are not responsible for the content of those websites.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We make no representation about any other website you access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.

Limitation of Liability and Indemnity

You agree that we shall not be liable for any damages suffered as a result of using the Site, copying, distributing, or downloading content (including Advertiser Content) from the Site. 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 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 the advertiser’s 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 will not make a claim against Hush Hush for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site.

As a condition of your access to and use of the Site, you agree to defend, hold harmless, and indemnify Hush Hush 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, including any payment obligations incurred through the use of the Site; 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.

Governing Law

These Terms 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 matters 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 and conditions 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 shall nevertheless continue in full force.

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

We each acknowledge that, in entering into 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.

We may assign or sub licence our rights or obligations under these Terms at any time without obtaining your consent.

Updates to these Terms

We reserve the right to amend these Terms from time to time and at our sole discretion. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree to any changes in these Terms, you must immediately cease using the Site. Your continued use of the Site will be deemed as your acceptance of such changes.

Last updated: 26 August 2023