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1. Service Agreement

1.1 The Terms and Conditions, Privacy Policy and Cookie Policy documents (collectively, "Terms", as applicable) govern your use of our Website and its Services. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.

1.2 By accessing and/or using this Website you agree to be bound by these Terms, including the compliance of all applicable laws, statutes, regulations, and ordinances.

1.3 If you are agreeing to these Terms on behalf of someone else (your employer for example), then you are warranting to us that you have full legal authority to bind that third party.

1.4 These Terms apply to any use of the Website regardless if you are a visitor or a registered user.

1.5 If you do not agree to be bound by these Terms; then do not access or use this Website.

2. How the Website Works

2.1 ESCAWT.com ("Website", "we", "us" and "our") is an ecommerce website which hosts advertising and related content that is created, developed and maintained by third-party users.

2.2 In order to publish content to the Website, you will have to become a registered user; where you are required to provide true, accurate and legitimate information during the registration process.

2.3 You will be asked to provide a valid mobile number, a secure password as well as confirm that you are at least 18 years of age or older to successfully create an account. If you are unable to meet these requirements then you are not permitted to become a registered user on the Website.

2.4 Becoming a registered user will provide you with access to the Website, which is 100% free and provides unlimited use of its basic Services.

2.5 Additional upgrades that are not part of the free, basic Service are available for purchase. These additional upgrades have varying times of expiration, and can be altered or removed by us without notice to you.

2.6 You are responsible for any use of the Website using your registered account, and for safeguarding and maintaining the confidentiality of your account and login information.

3. Using our Services

3.1 Without limitation, you agree to refrain from the following actions whilst using our Services.

3.1.1 Creating content or materials on the Website that advertises, solicits; directly, or indirectly any of the following:

  1. Obscene, lewd or indecent content containing images, graphics or videos which depict genitalia, actual or simulated sexual acts.
  2. Exploits underaged persons or minors in any manner,
  3. Illegal products or services exchanging sexual favours for money or other valuable considerations,
  4. Products or services, for use or for sale, that are considered inappropriate, or which is prohibited by any law or regulation,
  5. Violates national or international immigration laws and/or regulations; including the constitution or assistance of human trafficking or people smuggling.
  6. Discriminates on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or such matters in any manner prohibited by law.
  7. Engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activities.
  8. The use, carrying or exchanging of weapons that are prohibited by applicable federal, state, or local laws.
  9. Unwanted products or services that are considered as spam, unless permission has been granted or authorised.

3.1.2 Transmitting, engaging, interfering, encouraging activities that include but are not limited to:

  1. Infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others,
  2. Deleting or revising any content or material posted by any user unless permitted,
  3. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Website unless expressly permitted or authorised,
  4. Taking part of any action creating a disproportionately large usage load on the Website unless expressly permitted or authorised,
  5. Engaging in disruptive or damaging behaviour that is damaging or destructive in nature toward the Website, its resources or users. This includes the excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojans or any other similar activities,
  6. Gaining or attempting to gain unauthorised access to restricted areas of the Website. In addition, if you have authorised access to a restricted area of the Website, you may not disclose, or share such access in an unauthorised manner without the consent of the owners of the Website,
  7. Attempting to decipher, decompile, disassemble or reverse engineer any code or resources that are propritary to the Website; including modifying, copying, duplicating, framing of or linking to any data, content or information without authorised consent,
  8. Creating content that promotes links to commercial services or other websites except in areas where permitted,
  9. Unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy,
  10. Harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable materials,
  11. Data, text, files, links, software, chats, messages or other private communications,
  12. Materials that constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances,
  13. Harassing, threatening, embarrassising or causing distress or discomfort upon another individual or entity or impersonate any other person, entity or otherwise that restricts or inhibits any other person from using or enjoying the Website.

3.1.3 Creating adult content or explicit material unless:

  1. such material is permitted under applicable federal, state, and local law,
  2. you are at least 18 years of age or older and not considered to be, or representing a minor in your state of residence,
  3. such material is specifically permitted in designated areas,

3.2 We also reserve the right to suspend, block or freeze any content or user accounts - either temporarily or permanently without notification - that are deemed to contain, but not limited to, any of the following:

  1. Inappropriate content including suggestive text or indecent images, obscene nudity depicting highly sexual acts, genitalia, hardcore pornography or underage persons considered to be a minor.
  2. Content that is explicity considered abusive, libelous, defamatory, that promotes or incites violence, terrorism, illegal acts, or extreme hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation or is otherwise objectionable within reasonable discretion.
  3. Spamming, flooding or posting of repetitive content that is considered disruptive toward the use of our Services.
  4. Copying, duplicating, modifying or distributing the content of other listings on the website without authorised permission.
  5. Content that conducts a business in a dishonest and/or deceptive manner that is considered to be unnacceptable, unfair or illegal.
  6. Content that violates the rights of any third parties, individuals and/or brands either directly or indirectly associated with our Website.
  7. Any additional illicit activities or services mentioned in these Terms that are considered beyond fair use.

4. Payments

4.1 The Website offers paid, optionable upgrades for the usage of certain features that improve the functionality and experience of its services.

4.2 The payment for optional upgrades are due immediately upon the checkout process, where you agree and confirm that the upgrades have been initiated upon confirmation of a successful payment, whereby a payment is deemed successful as indicated by:

  1. the confirmation message that appears directly after a successful payment has been made.
  2. a copy of the associated tax invoice that appears in the invoices section of your account.
  3. the purchase timeframe, or period of expiry that appears in the upgrades section for the services you have recently purchased.

4.3 Except for any sales tax that we may be required to collect on any purchase; you are responsible for paying all fees and taxes associated with your use of the Website, if any.

5. Refunds

5.1 We do not generally offer refunds or credits on purchases unless required to do so by law; of which we will be happy to accommodate any requirements in accordance with such applicable laws.

5.2 However, refunds or credits will not be given under any of the following circumstances:

  1. Your upgrade has already been purchased and you have changed your mind for any reason,
  2. You have deleted the listing before the purchase timeframe has expired, or period of expiry has been reached.
  3. A listing associated with your account has been reported multiple times by users as a scam or spam.
  4. Our service becomes temporarily unavailable or inaccessible due to any technical issues or faults beyond our control.
  5. Your account is found to be in breach of any applicable laws or regulations in your state and/or territory of operation.

5.3 Furthermore, under no circumstances will we provide a refund in the event that your account and/or associated content is suspended for any violation of these Terms.

6. Warranties and Disclaimers

6.1 Other than as expressly set out in these Terms, neither the Website nor its owners make any specific promises about the content or materials within the Services, their reliability, availability, or ability, to meet your needs. We provide the Services on an "as is" basis. To the extent permitted by law, we exclude all warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

6.2 The Website does not warrant or make any representations concerning the ownership, endorsement, accuracy, likely results, or reliability of the use of the content or materials on the Website.

6.3 The content or materials on the Website may contain technical, typographical, or photographic errors that are inaccurate, incomplete or out of date; where the Website is not committed to update such materials.

7. Links

7.1 The Website has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site, whether or not they may be affiliated with the Website.

7.2 The inclusion of any link, incoming or outgoing, does not imply endorsement by the owners of the Website.

7.3 The use of any such link, incoming or outgoing, are accessed at your own risk.

8. Intellectual Property Rights

8.1 The Website contains third party content or materials; including without limitation, text, logos, images, illustrations, audio, photographs, graphics and video, that are protected by copyrights, trademarks, service marks, and all other intellectual property rights which are either owned by, or are the sole responsibility of the third-party users' that make it available. We do not claim any proprietary rights in or to such content or materials whatsoever.

8.2 Any content or materials containing advertisments, information, messages or photos that are listed, transmitted, or otherwise made available for viewing on public areas of the Website will be treated as non-confidential and non-proprietary to you.

8.3 You grant the Website the irrevocable right to use, translate, edit or modify any materials or content, without review or approval by you, for any purpose whatsoever; including, without limitation to, the right to reproduction, disclosure, transmission, publication, broadcasting, posting and advertising the posted materials or content in any media in perpetuity without notice or compensation to you.

8.4 Content or materials from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed unless authorised in any way.

9. Jurisdiction (Governing Law)

9.1 These Terms are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

10. Termination

10.1 The Website has the right to suspend or terminate your access, for any reason, if we believe you have violated these Terms in any manner.

10.2 You agree not to hold the Website liable for such suspension or termination, and further agree not to attempt to use the Website after the suspension or termination.

10.3 The owners of the Website may, under appropriate circumstances and in discretion, disable, freeze, suspend and/or terminate the accounts of users who may be considered repeat infringers.

10.4 Illegal activities, including all user data related to such illegal activities, will be reported and referred to appropriate law enforcement personnel.

11. Limitation of Liability

11.1 The information, services, products, features, benefits available to you on this Website may contain errors and are subject to periods of interruption.

11.2 You agree to indemnify and hold the Website harmless against all claims, liabilities, loss in profits, penalties, expenses, defects, damages, costs, attorney fees, or other consequential damages arising from or relating to your use of the Website.

11.3 While we include strict provisions regarding user generated content in these Terms, we do not control and are not responsible or liable in manner for what users post on or through our Website; including any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on our Website or in connection with your use of our Website.

11.4 We also reserve the right to modify or discontinue, temporarily or permanently, on our Website, any such information, services, products, features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use our Website.

11.5 If you are dissatisfied with the Website, or any portion thereof, then you are encouraged to discontinue any further use of the Website.

12. Abuse

12.1 We encourage you to report any abuse and/or violations of these Terms to us.

These Terms were last updated on: 26th March 2019.