Welcome to Diamond Dates Escorts Ltd (herein after referred to as “Agency”,
“Us”) an interactive introductory service for both women and men,
acting as a bridge between clients in need of escorts, (herein after collectively
referred to as the 'Service(s)').
Please read these terms and conditions carefully to be sure that you understand
them.
Once you have registered, your membership has been activated, payment made and
you have entered into a legally binding contract for the provision of this service
your details can then be accessed by users looking to employ men/women to provide
the Services offered on by this Agency
1. ELIGIBILITY
1.1 You must be eighteen (18) years of age or over to register and apply for
membership to Diamonddatesescorts.co.uk. By using this agency, you represent
and warrant that you have the right, authority and capacity to enter into this
Agreement and to abide by the terms and conditions of this Agreement. The services
provided herein are for the personal use of individual members only and may
not be used in connection with any commercial endeavours. Organizations, companies,
and/or businesses may not become members and should not use the Service for
any purpose
1.2 You are not permitted to register with this Agency, if you have (or subsequently
acquire) any criminal convictions in any country (excluding driving offences)
or have any history of, or develop any, mental illness.
1.3 By accepting these conditions you warrant and represent to us that:
1.3.1 You have not been convicted of any offence relating to violence and/or
any offence under the Protection from Harassment Act 1997 (or under any statutory
enactment replacing and/or amending such Act); and/or
1.3.2 You have not been subject to any injunction or any order to pay damages
under the Protection from Harassment Act 1997 (or under any statutory enactment
replacing and/or amending such Act).
1.3.3 If you are not able or not willing to abide by the terms of this Agreement
and give the warranties and representations set out in clause 5.10 below.
1.3.4 You are in good health and will disclose on request whether you are HIV
positive and/or carrying the HIV virus or other sexually transmitted or other
contagious disease, virus, infection or illness.
2. CONTACT DETAILS AND CONTRACTING PARTY
This agency is owned, run and administered by D. Fear trading as “Diamonddatesescort.co.uk”
and who is the contracting party to this Agreement. You can contact D. Fear
at this address; 2nd floor, 145-157 St. John street, London, EC1V 4PY
3. MEMBERSHIP AND SUBSCRIPTION
3.1 The various membership and price packages to join and have you details available
for access on this Website and use of the agency for the provision of the Services
may be varied from time to time.
3.2 Payment shall not be deemed to have been made until we have received cleared
funds in respect of the full amount due or outstanding in or bank account
3.3 All prices are inclusive of any applicable VAT and any details given in
relation to exchange rates are approximate only and may vary from time to time.
3.4 Without prejudice to your Cancellation Rights as set out in paragraph 4
below, all monies paid by you to Us are non-refundable in the event of cancellation
and/or termination of this Agreement.
4. CANCELLATION RIGHTS
4.1 This Agreement shall be deemed to commence as from the date that the appropriate
payment was made by you (or on your behalf) into the Account (the “Commencement
Date”).
4.2 Pursuant to the Consumer Protection (Distant Selling) Regulations 2000 (the
“Regulations”), you are entitled to cancel this Agreement within
14 days as from the Commencement Date (the “Cooling Off Period”).
In the event you wish to cancel within the Cooling Off Period, you must send
us written Notice, to be received by us within the Cooling Off Period, as follows:
By letter; Diamond Dates Escorts, 2nd floor, 145-157 St Johns Street, London,
EC1V 4PY
4.3 PLEASE NOTE that if you choose to enter the Web site and use the Website's
services within the Cooling Off Period, you are electing to commence the Services
immediately and you thereby waive any right to cancel the Services or this Agreement
under the Regulations.
4.4. You may terminate your membership at any time, for any reason, effective
upon receipt by us of your written or email notice of termination to the details
given above. In the event of such termination no refund of monies paid will
be given.
4.5. We shall be entitled to terminate your membership forthwith and your access
to the Service in the event that you are in breach of any term of this Agreement.
Notice of termination will be sent to you at the email address you provide in
your application for membership or such other email address as you may have
later provided. In the event of termination pursuant to this clause, no refund
will be given. Our right to terminate this Agreement shall include, but not
be limited to:
4.5.1 If you fail to make any payment to us when due;
4.5.2 You fail to provide Us within the time limit requested by us with sufficient
information to enable Us to determine the accuracy and/or validity of any information
provided by you;
4.5.3 In our reasonable opinion, any information supplied or posted by you is
damaging or potentially damaging to the interests of our business or any of
our clients or other users of the site.
4.5.4 In the event that you become convicted of a criminal offence or are subject
to any charge, arrest or accusation of disreputable conduct, which
may, in our reasonable opinion, jeopardise the good name of our business or
may potentially be of concern to other users of the Web Site.
4.5.4 We receive a complaint or complaint(s) from other users about yourself,
which we are entitled to act on entirely within our sole discretion and without
the obligation to contact, or verify information with, you;
4.5.6 Should you be diagnosed or receive treatment for any form of mental illness
4.5.7. Should you use bad language or abuse any of our recruiting staff or managers.
4.6 We reserve the right to make changes to the Web Site and/or the Services
from time to time.
5. DESCRIPTION OF SERVICES AND OPERATION OF AGENCY
5.1 Diamond Dates Escorts Ltd introduce male/female escorts who are willing
to offer their services to potential Clients.
5.2 To become a member, you are required to honestly and accurately provide,
in adequate detail, all of the information requested on the Registration Form.
On becoming an escort, we will compile and advertise your profile on the Website
and all information that we consider necessary in our absolute discretion. For
the avoidance of doubt we make no representation, promise, warranty or guarantee
that you will receive work from the agency or that any Client will view your
profile/personal details.
5.3 You are required to update Us at any time your details change. We shall
not be liable for any consequences of you failing to keep your details and profile
up to date; we shall be entitled to terminate this Agreement in the event that
you fail to do so. We reserve the right to review your profile from time to
time and to amend and/or delete it if we, in our sole discretion, think that
it should be amended and/or deleted.
5.4 In the event that a Client wishes to make contact with you, that Client
will contact Us and provide their basic details, together with the relevant
Service they require. On receipt of this request and information, we will pass
this on to you at the email address you provided on your Registration Form or
such other email address as you may have later provided. As soon as is reasonably
practical, and within 7 days from receipt of this request, you are required
to inform Us if you wish to make Contact with the Client, failing which we shall
be at liberty to inform the Client that you are not available.
5.5 If you elect to be contacted by the Client, we will pass your contact details
to that Client. You are not permitted to contact the Client until they have
contacted you first and if they have given their permission, nor will you be
given the details to contact the client by us.
5.6 In the event the Client contacts you, you may agree the terms for the provision
of any Service as you think fit, such as price, time, dates etc. All terms and
conditions of any contract between yourself and any Client are to be agreed
solely between yourself and that Client a (“Contract”). We make
no representation or warranty as to the suitability or sincerity of the Client
or their ability to perform any part of a Contract. You agree to let the Client
contact you entirely at your own risk.
Your Profile
5.7 You acknowledge that Clients will be able to view your profile.
5.8 We may copy and/or reproduce any information supplied by you to use or on
the Website in any form and in any manner we wish.
5.9 If you post and/or disclose to Clients any confidential or sensitive information
about yourself then you do so entirely at your own risk.
5.10 You warrant and represent to Us that all information posted by you:
• Is accurate, true, complete and is not misleading; and
• Will be regularly updated by you so that it remains accurate, true,
complete and not misleading.
6. YOUR USE OF THE WEB-SITE AND CONTENT POSTED ON THE WEB-SITE
6.1. Illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of members by electronic or other means for the purpose
of sending unsolicited email and unauthorized framing of or linking to the agency
are strictly prohibited. Any such use will be investigated and reported to the
relevant authority if appropriate. In the event of such use, we shall be entitled
to terminate this Agreement immediately without refund.
6.2 You are not permitted to supply, post or transmit any content (including
emails or photos) via this Web-Site that in our sole judgment violates this
Agreement or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of other users.
6.3 You are solely responsible for the content that you publish, transmit or
display via the Website, or transmit to other members. You hereby agree to full
indemnify us for any liability, cost or expense incurred by us in respect of
such content.
6.4 We are entitled to investigate and revoke a person's membership if a member
has misused the website service, or behaved in a way which could be regarded
as inappropriate or whose conduct is unlawful or illegal, to include but be
limited to the following:
• harassing or advocating the harassment of another person;
• transmitting "junk mail", "chain letters," or unsolicited
mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous;
• contains restricted or password only access pages, or hidden pages or
images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides instructional information about illegal activities such as
the supply of controlled substances, violating someone's privacy, or providing
or creating computer viruses;
• solicits passwords or personally identifying information for commercial
or unlawful purposes from other users; and
• Engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
MEMBER'S OBLIGATIONS
6.5 You must use the agency service at all times and in a manner consistent
with any and all applicable laws and regulations.
6.6 You are not permitted to:
• Post your personal details such as your telephone number, address and/or
e-mail address or URL in your profile or any other information elsewhere which
would allow Clients to contact you directly;
• transmit and/or post information, pictures and/or any other material
which breaches, infringes, violates and/or is contrary to any law, by-law, statute
and/or regulation or any other parties' rights in (including but not limited
to intellectual property rights and/or privacy rights);
• use the Website or your profile to promote another site, service and/or
business in any way including but not limited to posting any personal e-mail
addresses URL's and/or other personal telephone numbers via the site;
• solicit other members' or Client's business, buy or sell products through
the Website;
• Attempt to gain unauthorised access to any information available on
the Website or to any of the networks used in providing the Website's services;
• post and/or reproduce in any way any information and/or material in
which the intellectual property rights belong to the Website or another party
without first obtaining the prior consent of the owner of such rights;
• copy, in whole or in part any of the information on the Website (including,
but not limited to any information contained in other members' profiles) other
than for the purposes contemplated in this Agreement;
• In any way assign, transfer, part with and/or authorise any other person
to use, your membership;
• transmit and/or Post and/or email to another member or Client any information,
pictures and/or any other material, which in the opinion of the site administrator
is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous
and/or obscene; and/or
• transmit and/or post and/or email to another member any information,
pictures and/or any other material, which in the reasonable opinion of the site
administrator is capable of offending other users' political and/or religious
beliefs.
6.7 You are not permitted to introduce any individual introduced to you by Us,
to any other person, organisation or business, with the view to, or understanding
that, that person, organisation or business will or may enter into a commercial
transaction with that individual for the provision of any of the Services or
other services offered by this Web-Site.
6.8 You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Website or the Services, use of
the Services, or access to the Services.
7. DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
7.1. YOUR USE OF THE AGENCY AND THE SERVICE IS AT YOUR SOLE RISK. THE WEB-SITE
AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIMS
ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION
OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL.
7.2. WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE OR SERVICES
WILL MEET YOUR REQUIREMENTS, (ii) THE WEB-SITE AND/OR SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEB-SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES,
INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THIS WEBSITE OR THE SERVICES
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED.
7.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE
AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS ARISING THEREFROM.
7.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION
NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
Further and for the avoidance of doubt:
7.5 We do not warrant that any of the information and/or material provided in
the Website or pursuant to the Services is accurate.
7.6 We do not provide any warranty in respect of the Website or Services, results
or availability of the Services. For the avoidance of doubt, we shall not be
liable in the event you receive no request from Clients or if Clients do not
view your profiles.
7.7 Information provided by all Clients on this Website is as provided by those
individuals. We make no representation or warranty that any such information
contained in any profile is necessarily correct and accurate.
7.8 We do not verify or check that the information provided by Clients are correct
and/or are not misleading. We make no representation or warranty that the information
contained in any Client profile is accurate. Accordingly, your reliance on such
information is entirely at your own risk.
7.9 In the event that you are unsure of the accuracy of any information or details
contained about any Client, you may, at your own cost and expense, carry out
such investigation as you consider necessary to ascertain the accuracy of that
information.
7.10 In the event you arrange any meetings with any person introduced to you
by Us, you do so at Your own risk. You should take all such precautions, as
you consider necessary to ensure your own safety.
7.11 You are solely responsible for your interactions with the Clients provided
by this Web-Site. We reserve the right, but have no obligation, to monitor disputes
between you and any one introduced to you by Us.
8. LIMITATIONS ON LIABILITY
8.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR OF ITS SERVICES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS
WEBSITE; (iii) STATEMENTS OR CONDUCT OF ANY INDIVIDUAL SUPPLYING ANY OF THE
SERVICES; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE OR THE SERVICES.
Further, and for the avoidance of doubt:
8.2 We shall have no liability for any defect in the service provided by the
Website howsoever caused.
8.3 We shall not be liable for any loss, harm or damage suffered by you howsoever
caused in the event you have failed to pay any outstanding monies have not been
paid in full by the due date for payment.
8.4 We shall not be liable for any loss, harm or damage suffered by you as a
result of your reliance on any information and/or other material provided in
any Client profile or posted on the Website or posted to you any Client.
8.5 We shall not be liable for any loss, harm or damage suffered by you as a
result of any use or unauthorised misuse of information and/or other material
posted by you on the Website and/or to any individual introduced to you by Us.
8.6 Each of the limitations and/or exclusions in this Agreement shall be deemed
to be repeated and apply as a separate provision for each of:
• Liability for breach of contract;
• Liability in tort (including negligence); and
• Liability for breach of statutory duty;
8.7 We shall have no liability to you for any delay in performance of the Website
service or the Services and/or any other matters to the extent that such events
and/or matters are due to any events outside our reasonable control including
but not limited to acts of God, war, flood, fire, labour disputes, strikes,
lock-outs, riots, civil commotion, malicious damage, explosion, governmental
actions and any other similar events.
8.8 We shall have no liability to you for any conduct of any person introduced
to you by Us. All meetings are made entirely at your own risk. You should take
all such precautions, as you consider necessary to ensure your own safety.
8.9 Nothing in this Agreement shall exclude or limit our liability for death
or personal injury due to negligence or any liability which is due to fraud
or any other liability which We are not permitted to exclude or limit as a matter
of law.
9. INDEMNITY
9.1 You agree to indemnify and keep indemnified Us against any and all losses,
proceedings, lost profits, damages, awards, expenses, costs (including increased
administration costs and legal costs on a full indemnity basis), claims, actions
and any other losses and/or liabilities suffered by Us and arising from and/or
relating to your use of this Website and/or the Services and/or arising from
or due to any claim or breach of the terms of this Agreement or any tortuous
act and/or omission and/or any breach of statutory duty by you.
9.2 In the event that you have any claim or action against any Client or individual
arising from your use of the Website or the Services, you agree to pursue such
claim or action independently of and without any demands from us, and you release
us from all claims, liability and damages, arising from or in any way connected
to the claim or action.
10. PRIVACY
Use of the agency and/or the Service is also governed by our Privacy Policy.
11. PROPRIETARY INFORMATION
This Website contains information that is proprietary to our partners, our members
and us. You may not modify post, distribute or reproduce in any way any copyrighted
material, trademarks or other proprietary information without having first received
the express written permission of the owner of such information.
12. MODIFICATIONS OF THIS AGREEMENT
We may alter or amend our terms and conditions upon giving reasonable notice
in advance of such amendment taking effect. If upon receiving any notice, if
you do not wish to continue with this Agreement, you may terminate it upon giving
us notice, such notice to take effect upon the earlier of our receipt of your
notice or the date upon which the amended terms and conditions would otherwise
have taken effect. You will be deemed to have accepted any alteration and/or
amendment if you continue to use the Service after the relevant period of notice
has expired.
13. GENERAL
13.1 All third party rights are excluded and no third parties shall have any
right to enforce this Agreement.
13.2 No waiver by us of any breach of this Agreement shall be considered as
a waiver of any subsequent breach of the same provision or any other provision.
13.3 This Agreement contains the entire agreement between you and us. If any
provision of this Agreement is held by any competent authority to be invalid
or unenforceable in whole or in part the validity of the other provisions of
this Agreement and the remainder of the affected provision shall be unaffected
and shall remain in full force and effect.
13.4 This Agreement is governed by and interpreted in accordance with English
law and the parties agree to submit to the non-exclusive jurisdiction of the
English courts.