1. Terms of service.

Welcome to the Aussie Kittens website an independent adult services directory owned and operated by Kittens International Pty Ltd. All future reference to Aussie Kittens in the terms and conditions of service below and other publishing's within this website are to be treated as proprietary ownership of Kittens International Pty Ltd, registered and operated in Australia.

2. Definitions.

Monthly subscribed advertising period - The commencement date of this period is the day in which your account becomes activated and runs until the same day in the following calendar month. This period is always based on one month regardless of the period subscribed and is used for calculating any refunds and/or penalties.

3. Eligibility for subscribing.

You must be 18 years of age or older to subscribe to the Aussie Kittens service and advertise on this website. By subscribing and advertising you represent and warrant that you are 18 years of age or older and that you have the capacity to understand, agree and comply with these terms and conditions of service. You must also be registered with any authorities requiring you to do so by law and comply with any governing legislation associated with advertising the services you are offering, such as, but not limited to the images you submit for advertising and the wording used in the advertised description of your services. In addition you must provide true, accurate and complete subscription information of your personal details requested and you must be a legitimate being. As part of the registration process, you will be provided with a username and asked to select a password. You will be responsible for all activities occurring under your username, keeping your password secure and making sure your details are updated when changes occur.

4. Term and termination.

Apart from any promotional subscription of which you will be advised the length of the subscription or if you make payment by bank deposit or direct debit, your subscription is considered to be recurring and payments will be automatically taken from your credit card under an agreement we make with you in WorldPay (our secure payment solution provider). There are three ways this agreement can be terminated either by cancellation of subscription by either yourself or us, by change of subscription (in which case a new agreement will be created and the existing agreement cancelled) and the third is by default of a payment and you do not correct your payment within the specified number of days as per the payments section of these terms and conditions. If you choose to pay by bank deposit or direct debit your subscription will run for the period you have paid for and automatically terminate on completion of the period paid unless you make a further payment and threfore continue your subscription. You understand that you may cancel your subscription with Aussie Kittens at any time and any applicable refund granted and or penalties applied as per the refunds and penalties section of these terms and conditions. Terminating your subscription will deactivate your profile from the website from the date you have specified the cancellation to be made, however, your personal details will remain with Aussie Kittens for at least 5 years to fulfil our legal and taxation obligations. To terminate your subscription you need to access your member details through the member login on the website using your login ID and password you have chosen and perform the cancel your subscription function. ( All cancellations except cancelling your subscription effective immediately must be made before the renewal payment date as you will not be able to perform one of these cancellations for a period of 48 hours over the date your subscription is due for renewal).You understand that after cancellation of your subscription with Aussie Kittens that although your advertised profile will be deactivated from view on the website, it will still be available for you to reactivate for a period of no greater than 6 months from the date it was deactivated. You can reactivate your profile by using your Aussie Kittens login ID and password to enter into the member's area within the website and selecting the reactivate your profile function. You will be required to choose a new subscription and proceed through the payment process creating a new agreement between Kittens International Pty Ltd and yourself in WorldPay. On completion of an authorised payment your advertising will be automatically reactivated and viewable on the website.

Aussie Kittens reserves the right to terminate any subscription immediately, at any time and for any reason without prior notice. If your subscription gets terminated by us for any reason we acknowledge that it is our responsibility to refund any subscription or part thereof unused at the time of termination, including any penalties and/or a $10 administration fee if the cancellation was made effective before the end of your subscribed period. Aussie Kittens will only terminate your subscription under exceptional circumstances and/or your advertisement causes disrepute to Aussie Kittens, third parties or our affiliates.

5. Copyright, proprietary rights and privacy.

By agreeing to these terms and conditions of service and submitting, posting or displaying any materials for publishing on the Aussie Kittens website you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right (pertaining to the period of permission already granted and expired) to distribute, publish and display such materials on our website. The use, however, of your personal information (not for publishing on your advertised profile within this website) we will never rent, sell or share with any third party for marketing or any other purposes than described without your expressed permission - for further details please refer to our Privacy Policy. You understand and agree that we may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Kittens International Pty Ltd, its affiliates or the public.

Aussie Kittens is a trademark of Kittens International Pty Ltd.

6. Changes to the terms and conditions of service.

We reserve the right to modify or terminate the Aussie Kittens service for any reason and without notice, without any liability to you, any other member or any third party other than any due refund of subscriptions paid and unused. We also reserve the right to modify these terms and conditions of service from time to time, of which we will provide you notice. You are responsible for regularly reviewing these terms and conditions of service and understanding your contractual rights and responsibilities documented within them.

7. Appropriate conduct and content.

You may not use the Aussie Kittens service for any illegal or unauthorised purpose. Subscribers agree to comply with all local governing rules regarding online and acceptable advertising content related to the services you are offering. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, links and other content that you submit, post or display on the Aussie Kittens website. Any information or images that you submit for advertising on this website and is copyrighted by a third party, you must have expressed consent by them to submit and publish such material.
We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other property rights or these terms and conditions of service.
Your advertised profile must provide a true and fair representation of yourself and any services you are offering within the local governing advertising guidelines. You understand that providing and displaying false and misleading information could result in your subscription being terminated at our sole discretion. Acts that undermine the integrity of this website and the services offered will not be tolerated.
Please be aware that if you use our blur function for adding to your photos and concealing your face from being recognised, that it may be possible for someone with specialised IT skills to obtain your original photos without the blur. This situation would be very rare but by agreeing to these terms and conditions you accept all responsibility for any damages or losses that may arise from this occurring. If you are concerned about this risk to you then we advise that you apply the blurring to your photos external to the Aussie Kittens website. This can be done in most photo editing software.

8. Disclaimer of warranties.

Aussie Kittens disclaims any and all responsibility and liability for the conduct of any subscriber and advertiser listed within this website.

9. Hold harmless and indemnity.

You agree to hold harmless and indemnify Aussie Kittens from and against any third party claim arising from or in a way related to your use of the Aussie Kittens service, including any liability arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and lawyers fees, of every kind and nature.

10. Limitation of liability.

Under no circumstances shall Aussie Kittens be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the Aussie Kittens service, whether or not Aussie Kittens has been advised of the possibility of such damages.
You understand that any subsequent, incidental or consequential incidents that arise as a result of advertising on the Aussie Kittens website are all at your own risk.
Without limiting the foregoing, under no circumstances shall Aussie Kittens be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond it's reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

11. Pricing.

You understand we reserve the right to adjust subscription pricing at any time and for any reason so long as we provide you with at least 1 months notification from the date in which the price change is due to take effect via email. Any price changes will be posted on the website.

12. Payments.

All subscriptions are required to be paid in full and in advance of the specified subscription period and are considered to be non-refundable, unless deemed to be so under the refunds section. Payments are deemed to have been made once authorised by the merchant bank processing the transaction or deposited into our bank account.

The following subsections within this payments section only apply to recurring subscriptions (payment via credit card) and not subscriptions of a value equal to or less than $55 or subscriptions paid by bank deposit or direct debit.

Subscriptions are ongoing and will be renewed automatically under a recurring payment agreement unless you notify us of cancellation or change of subscription, which must be made before the renewal subscription payment date is due. Notification of cancellation and change of subscription can be made within the member's area of the website.

Any change you make to your subscription period, not including cancellation, will come into effect at the renewal date of your current subscription and payment will be made on the date you would expect your renewal payment to be made had you not changed your subscription.

If your payment gets rejected on the 3rd attempt in any payment of your subscription (all 3 attempts are performed on consecutive days) and you don't update your WorldPay payment account details to resolve the payment rejection issue and facilitate the payment via your WorldPay account, within a subsequent 5 day period, your advertising will be deactivated from the website. If you make the payment beyond the 5 day period you will forfeit the advertising lost due to deactivation even though you would have paid for it as your payment account recorrects to the original payment dates in future periods as though your payment had never been rejected in the first instance. If by a period of 28 days from the initial rejection your payment has not been received and settled we will cancel our agreement with you in WorldPay and no future payments will be made against your WorldPay account by us under this agreement.

13. Refunds & Penalties.

Refunds of a subscription will only be given to subscriptions that do not run the full length of the subscribed period. Refunds do not apply to any advertising period where the subscription fee charged was $55 or less or you paid for your subscription by bank deposit or direct debit.
No refund will be given for the first month of any subscription purchased unless it is a renewal of a current subscription. Refunds relating to cancellation of a subscription will be calculated on a half month and full month basis. If notification of cancellation is made within and including 15 days from the commencement of the monthly subscribed advertising period, a half month subscription refund is due subject to any penalties set out below. If notification of cancellation is made after 15 days from the commencement date of the monthly subscribed advertising period, then the full month subscription rate will apply and no refund given on that basis for that period. If there are any further months remaining in your subscription then a refund for those will be given subject to any penalties set out below.

All refunds given as a result of cancellation of a subscription will be subject to a $10 administration fee plus any penalties as set out below.
Refunds will not be given if the calculated value is less than $10 after inclusion of the $10 administration fee above.
Penalties will apply to subscriptions of 3 months and 6 months that do not run the full length of the subscribed period. The penalties are calculated as follows:

Early cancellation of 3 month subscriptions.
3 month subscriptions cancelled before the full completion of the subscribed period will be recalculated at the monthly subscription rate and prorated over the period serviced of the subscription based on half month intervals as per the refund calculation.

Early cancellation of 6 month subscriptions.
6 month subscriptions cancelled before the full completion of the subscription will be recalculated at the monthly subscription rate (if cancelled within 3 months from the commencement date of the subscription) or at the 3 month subscription rate (if cancelled on or after 3 months from the commencement date of the subscription) and prorated over the period serviced of the subscription based on half month intervals as per the refund calculation.

Our aim is to provide a fair and legitimate service. If you require further clarification on any of these terms of service or your rights therein please don't hesitate to contact us. Thank you.