Table of Contents
The provisions of this Agreement will govern Your use of Our Website(s), and You should therefore take some time to read the Agreement carefully. Our Website is different from many other websites on the Internet as it contains advertisements, communications, and links posted by independent third parties, over which We exert no control. We do not get involved in any disputes that may develop between Our Advertisers and others, and We do not facilitate communication between third parties. Therefore, The User is urged to use their own good judgment and common sense when responding to such advertisements. We are not responsible for any interactions occurring between Our Users and Our Advertisers. Federal law protects sites like Ours from civil claims, so We encourage You to independently research any information found in Our advertisements, before making any decisions. We hope that You thoroughly enjoy Our services and anticipate that You will find Our Website useful and informative. Should You have any questions or comments regarding Our Website, or its policies, please feel free to contact Us
This website contains information, links, images, and videos of sexually explicit material (collectively, the “Sexually Explicit Material”). Do NOT continue if:
- You are not at least 18 years of age or the age of majority in each and every jurisdiction in which You will or may view the Sexually Explicit Material, whichever is higher (the “Age of Majority”),
- (ii) such material offends You, or
- (iii) viewing the Sexually Explicit Material is not legal in each and every community where You choose to view it.
- It is the responsibility of The User to read these Terms and Conditions prior to registering to use the services
- These Terms and Conditions administer the use of the services provided by the site. Use of this service will comprise agreement to our Terms. The conduct of The User amounts to acceptance, ensuring a binding contractual agreement between The User and the provider My Unikorn. For this reason, My Unikorn recommends reading our Terms and Conditions carefully before using any service provided on this site.
- By registering with our Services, The User declares that they are at least 18 years old and have capacity to agree to our terms. Failure to meet the age or capacity requirements will amount to a breach of our Terms, this will result in an immediate ban to our Services.
- By registering with My Unikorn, You agree to provide age identifying materials at our request. Failure to produce a legal identity will result in an immediate ban of the Platform. It is the User’s responsibility to ensure age identifying materials is of a legal standard accordingly to Australian law.
- If you do not agree to these Terms, you must not access or otherwise use The Site. If you fail to submit clear and legal identification, you must not access or otherwise use the Site.
- If an Advertiser or User has breached these Terms and Conditions, then in addition to all other rights and remedies available to it at law or equity or under statute, My Unikorn may terminate, without notice, the Advertiser’s or User’s membership/subscription to the Website.
- This Agreement is a legal contract between You and the Company. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights.
- By accessing the Site in any manner You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You.
If You do not agree with all of the terms in this Agreement, The User must cease all access and use of the Site and any other services provided by the Company. Nothing in this Agreement is intended to create any enforcement rights by third parties
- Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing or using any portion of any of The Site and/or Services.
SERVICES RENDERED BY THE SUPPLIER
My Unikorn is an online interactive marketplace platform which can connect Advertisers and Users within the prostitution and escort services community. Each Advertiser on the My Unikorn platform must comply with all local, state, and federal laws when advertising their service through My Unikorn’s interactive platform.
- My Unikorn remains an independent broker and will not be privy to a contract arising between The Advertiser and The User of the service.
- My Unikorn cannot guarantee and accepts no responsibility between any breach of transaction between either The Advertiser or The User.
- My Unikorn has a detailed verification procedure for all site Advertisers; however we recommend undertaking your own due diligence prior to entering into any contracts, transactions, promises or arrangements.
- Whilst care is taken to avoid errors and omissions, inaccuracies may occur, and My Unikorn cannot accept responsibility for such errors and omissions but invites Users to inform it if any are discovered.
- Pursuant to Section 22 of the Sex Work Act 1994 (Vic) “The Act”, Formerly known as the Prostitution Control Act 1994, all persons must not knowingly or recklessly carry on business as a sex work service provider without holding a licence.
- By agreeing to these terms and conditions you hereby issue a proclamation that My Unikorn is not responsible for any damages, claims or issues arising in any way connected to any dispute you may have with either an Advertiser or The User on the My Unikorn Platform.
- You agree My Unikorn will not be responsible for any such breach as a result of any issue linked either directly or indirectly to your use of the My Unikorn Platform.
- Disputes regarding the performance of any obligations of those users/advertisers and or payments for any services rendered such shall have no nexus to any liability of My Unikorn.
- The User will have released and discharged My Unikorn from all liability for damages or loss of any kind arising out of use of any advertisements contained on ‘The Site’ or transactions that originated because of such advertisements or use of ‘The Site’.
My Unikorn is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone, and facsimile numbers.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
- For the primary purpose for which it was obtained
- For a secondary purpose that is directly related to the primary purpose
- With your consent, or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
- Third parties where you consent to the use or disclosure; and
- Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
My Unikorn will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.
- My Unikorn 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.
- By registering with My Unikorn, you agree that all information provided during your registration is true and accurate and you will update this information regularly in order to keep it current and up to date. Inactive accounts for a prolonged period of time will be subject to removal at the discretion of My Unikorn.
The User understands and acknowledges, that:
- During the usage of “The Site” they will not reproduce, adapt, upload or link to any of the material on the Website without the prior consent of both My Unikorn and The Advertiser in question. Improper usage will also include saving material gathered from ‘The Site’ without express written authorisation of My Unikorn.
- The User will comply with their obligations under these Terms and Conditions.
- The User will not use ‘The Site’ for any illegal activities or any activities which are likely to cause damage, harm or fear or as otherwise amount to an illegal offence.
- it is the sole responsibility of The User and in no uncertain terms the responsibility of My Unikorn 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 Australia.
- The name of the Site, “My Unikorn” trademark number 2059644 is considered a registered trademark owned by My Unikorn Pty Ltd. We aggressively defend Our exclusive intellectual property rights and use said property to our full discretion while enjoying total privilege over our trademark.
- Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies or sole proprietors and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
- All of the marks, logos, domains, and trademarks that You find on ‘The Site’ and Services may not be used publicly except with express written permission from My Unikorn, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits My Unikorn.
These terms and conditions are governed by the laws in force in the State of Victoria. In the event that the State of Victoria does not have jurisdiction to hear matter relating to this agreement, then the laws in the Commonwealth of Australia will apply.
- No international forum will be appropriate as My Unikorn operates solely within the jurisdiction of Australia.
- The User agrees to submit to the exclusive jurisdiction of the courts of the aforementioned jurisdiction.
- The correct forum for any matter will be limited to the governing State of Victoria and its court hierarchy
THRID PARTY ADVERTISING
- My Unikorn expressly reserves the right to advertise third party material on their database. My Unikorn retains its right to link Users to other Websites outside of My Unikorn’s online Platform.
- Advertisement of third parties does not necessarily represent My Unikorn, nor will the Provider be responsible for materials produced by these third-party advertisers.
- My Unikorn takes no responsibility for any of the content found on such linked websites.
- Third party advertisers and websites may contain information or advertising which may cause offence to such persons. In this event My Unikorn accepts no responsibility whatsoever. Any linked Websites or Marketing material is to be considered merely a tailored suggestion based on the data collected from Users profiles. This is no means amounts to solicitation for the purpose of “The Act”.
- My Unikorn accepts no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
- 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 independent of such irregularities.
- These Terms and Conditions is considered the entire agreement between you and My Unikorn
If you have any further questions or concerns, please contact us at Support@myunikorn.com.au, My Unikorn is a registered Australian business.
My Unikorn Trust identification number: 93148529019
- You as the Independent Advertiser “The Advertiser” understand that My Unikorn do not create or publish content. Instead, My Unikorn provides an online social networking community Platform “The Platform” to provide others with the ability to share their own content which they have all rights and permissions to share.
- My Unikorn seeks to implement only minimal rules intended to respect the rights of others and comply with the applicable Australian law. My Unikorn does this to ensure that The Platform remains a safe location for Community Members to express themselves.
- These community rules are guidelines for what is permissible through The Platform and are subject to change at My Unikorn’s discretion.
- These rules do not indemnify The Advertisers from breaching other rules, standards, laws, and norms as set by Local, State and Federal Laws. Each Advertiser on the My Unikorn Platform should take time to independently familiarises themselves with the applicable legislation relative to their account.
CODE OF CONDUCT
- The Advertiser agrees it is their sole responsibility and not the responsibility of My Unikorn to ensure that,
• Their advertisement is compliant with all relevant Australian laws (State, Federal)
- For the purpose of these terms and conditions, The Advertiser is to abide by the following but not limited to,
- Competition and Consumer Act 2010 (Cth)
- Fair Trading Acts throughout Australia
- Human Rights and Equal Opportunity Commission Act 1986 (Cth)
- Sex Work Act 1996
- Sex Work Regulations 2016 (The Regulations).
- All Advertisers are to strictly follow any and all anti-discrimination and equal opportunity legislation that is applicable within Australia regardless of where they are advertising
- The correct forum for any jurisdictional issues will be held within the State of Australia where the advertisement takes place.
- Each Advertiser is to hold all licences and approvals, necessary to lawfully advertise, and provide, escort or sex work services in any place, whether inside or outside Australia, where they so advertise or provide such services.
- In order to access the full benefits of The Platform, every Advertiser must create an account “Your Account“. When creating an Account, you will be required to create a username and password. During the creation of The Account, Advertisers will be required to enter certain personally identifiable information.
- You may not choose a username that may falsely represent you as someone else or a name that may otherwise be in violation of the rights of any other individual or entity.
- My Unikorn reserves the right to disallow the use of usernames or cancel, at any time, the membership of any Advertiser who uses their selected username in violation of these Terms and Conditions or in any other way we deem inappropriate in our sole discretion.
- You are solely responsible for any and all activities conducted, and purchases made through your Account.
- During creation of your Account, My Unikorn requires that you provide an email address to finalise the process, choosing not to provide an email address will limit the support we can provide in connection with your Account as we are unable to verify you are the Account holder.
SEX WORK SERVICE PROVIDER NUMBER
Every Advertiser on The Platform is to adhere to the authority of both the Sex Work Act 1996 (The Act) and the Sex Work Regulations 2016 (The Regulations).
- Every Advertiser operating on My Unikorn’s Platform must be licensed by the Business Licensing Authority (BLA) if they propose to operate as a sex work service provider in Victoria.
- Upon registration The Advertiser will provide their licence to My Unikorn.
- This information will be stored according to our privacy policies
As such advertisement on My Unikorn’s Platform require
- The disclosure of SWA numbers in all advertisements. The SWA number must be clearly legible in a point type no smaller than the smallest point type in the advertisement
- As advertising will be published on the internet. Any advertising may show the head and shoulders of the person, but must comply with the content restrictions listed in “the Regulations”
- This includes the depiction of bare breasts and genitals. This requires the Advertisers consent. For the purpose of these Conditions, consent is given during the creation of the Advertiser’s Account
PAYMENT FOR SERVICES RENDERED
Any Services or Payments will be the responsibility of the party’s privy to the contract. My Unikorn as stated above act as a Broker between the parties and in no way will be responsible for payments, loss of payments, damages, and any other dispute that may arise between The User and the Advertiser.
- My Unikorn offers no payment platform between The User and Advertiser.
- The User and Advertiser are to handle their own payment method as subject to their own independent service contract
- My Unikorn suggests both User and Advertiser undertake due diligence prior to entering into any service transaction.
- Any breaches of a service transaction shall be between The User and Advertiser. My Unikorn will hold no Dispute Resolution Process.
LINKS TO EXTERNAL SITES
- The Platform may contain links to other websites owned and operated by independent third parties.
- These websites are not operated by My Unikorn and as such will not be responsible for any content or links they provide.
- Our linking to any third-party sites is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such site.
- When you access a link to another site, you are leaving the Platform and accessing the third-party site at your own risk.
- Other sites are will have their own terms, privacy policies and procedures and may contain malicious or destructive code, viruses, malware, and other tracking cookies.
- My Unikorn shall not be liable to you in any way for your accessing any third party linked sites.
- Advertisers may not post links within their Account, including their bio pages to third party sites. We reserve the right to further restrict Advertisers and User where links may contain harmful and misleading information.
IMPROPER USE OF SERVICE
- Advertisers and Users may use the My Unikorn Service “The Service” for lawful purposes only. Transmission, distribution, sale, or storage of any material in violation of any applicable law, regulation, or these usage guidelines is strictly prohibited.
- My Unikorn reserves the right to restrict or remove any and all uses of The Service, or content in your advertisements. My Unikorn may, at its discretion remove any materials from its Platform it considers to be harmful to its servers, systems, network, reputation, and other customers.
INFRINGEMENT OF INTELLECTUAL PROPERTY
- My Unikorn, where practical will monitor the standards of content which is uploaded to its Platform. Material which contravenes this standard will be considered an infringement and will be dealt with as such.
- An Infringement will be considered any breach of protected intellectual property including, materials protected by copyright, trademarks, patents, trade secret, or other intellectual property rights used without express written authorisation.
PROHIBITED USE/COMMUNITY STANDARDS
In addition to the Rules and Standards outlined in these Terms and Conditions the following prohibited conduct and use apply to Advertisers of My Unikorn,
- Non-compliance with the relevant legislation of Australia
- Posting material which constitutes any material that is unlawful, slanderous, defamatory, obscene, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights or abusive will be considered a breach of the Platforms Community Standards
- Fraudulent Advertising, in contravention of the Terms and Conditions of My Unikorn
- Fake or misleading Advertiser Accounts
- Inaccurate Representations/Holding out
- Illegal Material as per Australian legislation
Material which offers fraudulent goods, services, or promotions will contravene these terms and conditions and will render the Account holder to be in breach and may constitute a removal from the Platform. My Unikorn will have sole discretion in determining these breaches.
CHANGES TO THESE TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.