Terms And Conditions
1 TERMS AND CONDITIONS
By registering as a Member of DLite.nz or by viewing the DLite.nz website as a Visitor, you agree to accept and abide by these terms and conditions.
If you do not accept these terms and conditions you must cease using the service and /or viewing the DLite.nz website immediately.
DLite.nz is a hosting platform for user generated content. All of the content is created by independent 3rd party users. The user posting the content is responsible for the legality, correctness and validity of the information.
DLite.nz owner(s) or administration team does not have any connection with the advertisers or is not responsible for their behaviour or the content of the advertisements.
1.2 Modifications to this agreement
DLite reserves the right to modify or amend these terms and conditions with or without notice to you. It is your responsibility to review this agreement on a regular basis to ensure your continued compliance.
1.3 Age restriction
To visit DLite.nz, become a Member of DLite.nz, or be advertisers on DLite.nz you must be at least eighteen (18) years of age. By accepting these terms and conditions you confirm that you are at least eighteen (18) years of age and that any Model or Models advertised by you are at least eighteen (18) years of age. DLite reserves the right to seek confirmation of age from Visitors, Models or Members at any time.
1.3 Governing law
These terms and conditions will be governed by and construed in accordance with the laws of New Zealand.
“Act” means the Prostitution Reform Act 2003.
“Advertisement” means an advertisement listed on DLite.nz where a Member’s services are offered to Visitors.
“Agent” means an individual or organisation acting as a booking agent (or brothel owner) on behalf of a Model with the explicit written authority of that Model to do so.
“Content” means any advertisement, image, photograph, text, graphic, logo, icon, video and sound or recording appearing anywhere on DLite.nz.
“Commercial Sexual Services” has the same meaning it has in the Act.
“Member” means anyone who is registered as such with DLite.nz to use one or more of the Services provided by DLite.nz.
“Model” means a sex worker appearing in an Advertisement offering Commercial Sexual Services to the public via DLite.nz website.
“DLite” means the website of the same name “www.dlite.nz”.
“Services” means one or more of the services offered by DLite.
“Visitor” means anyone who visits DLite and is not a Member.
“You” means a Visitor or Member.
3 THE SERVICES
3.1 Scope of the Services
DLite.nz operates as an online advertising platform (directory) for user generated content. All of the content is created by independent 3rd party users (Member). The member posting the content is responsible for the legality, correctness and validity of the information.
DLite does not offer, broker, act as a booking agent for or provide Commercial Sexual Services and is not and will not be party to any transaction involving the provision of any Commercial Sexual Services.
3.2 Accuracy and availability of services
Although every reasonable effort has been made to ensure that DLite.nz will remain uninterrupted, timely, safe and secure or free of error, DLite does not warrant or guarantee the reliability, uptime, security or safety of DLite.nz.
DLite reserves the right to modify or discontinue the Services and or DLite at will, with or without notice to you, and in doing so you agree that DLite is in no way liable for any loss or inconvenience caused as a result of such modification or discontinuance.
4 LIABILITY, DISCLAIMER AND INDEMNITY
4.1 Our liability and disclaimer
Although every reasonable effort has been made to ensure that all Content was correct at the time of publication, DLite gives no undertakings or representations in regard to and does not warrant or guarantee the accuracy, reliability or merchantability of any Content and disclaims its liability in this regard to the maximum extent permitted by law.
All transactions and all other contact between Members and Visitors are conducted entirely at your own risk. You agree that DLite accepts no responsibility or liability for any action you may take or the actions of any of its Members.
DLite is not, and will not be, liable for any misrepresentation, damage or loss of any kind caused by or as a result of the use of the DLite.nz website or any of its Content.
DLite is not, and will not be, liable for any direct or indirect loss you may suffer, whether financial or otherwise, as a result of interruption to delivery or delays in accessing the site, downtime or technical errors, irrespective of the cause.
DLite takes every reasonable precaution to ensure DLite.nz is free of viruses or malware. DLite is not, and will not be, liable for any direct or indirect loss suffered, whether financial or otherwise, as a result of viruses or malware transmitted via the site.
You agree to release, indemnify and keep indemnified DLite from and against all actions, claims, costs, losses, proceedings against, damages, liabilities or demands suffered or incurred by DLite to any person or entity arising out of or in connection with your use of DLite.nz.
4.3 Views and expressions
Views expressed on the DLite.nz website, including but not limited to views expressed in the Content, do not necessarily represent the views of DLite.
4.4 No endorsement
Responsibility for any Advertisement (including any offer, representation or ascertain in that Advertisement) rests solely with the Member who listed it. The placement of Advertisement on DLite.nz in no way constitutes an endorsement or recommendation of that Advertisement by DLite.
5.1 Lawful use
As a condition of use of DLite.nz, you warrant that your use of DLite.nz is lawful and not prohibited by these terms and conditions and that you will not use DLite.nz in a manner, which could damage, disable, overburden, or impair DLite or interfere with any another’s use and enjoyment of DLite.nz.
5.2 General conduct
Any communication must be made in good faith and must not harass, threaten, embarrass or cause distress or otherwise restrict or inhibit another from using or enjoying DLite.nz.
Any communication that is unlawful, false, misleading, harmful, threatening, obscene, inappropriate, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation is strictly prohibited.
5.3 Website conduct
You must not damage, interfere with or harm DLite.nz, or any network, or underlying system part thereof, or attempt to do so, including but not limited to:
(a) using a robot, spider, scaper or other automated means of accessing DLite.nz; or
(b) attempting to access secure or non-public areas of DLite without appropriate authorisation; or
(c) uploading, attempt to upload or cause to be uploaded any viruses or similar programs that may damage DLite and its property or other users of DLite and their property.
As a Visitor you are solely responsible for all communications you enter into and any consequences or actions you take as a result of your communications and use of DLite.nz.
6.2 Intellectual property
The Content of DLite.nz is the property of DLite and/or its Members. All intellectual property rights in relation to that property are reserved. You may view, use, download and temporarily store Content for the sole purpose of viewing it on an capable device. Otherwise, you must not copy, display, modify, reproduce, store in a retrieval system (in any form or by any means), distribute, use for creating derivative works or use for commercial or public purposes any Content without DLite’s prior written consent.
7.1 Right to membership
DLite reserves the right to refuse any application for Membership for any reason and DLite shall not be obliged to state the reason for such refusal.
DLite reserves the right to cancel any Membership at any time with or without notice to you for your failure to comply with these terms and conditions and DLite shall not be obliged to state the reason for such cancellation.
7.2 Members’ warranties
As a Member of DLite.nz, you are responsible for any actions taken through, as a result of or ancillary to your membership, including but not limited to the provision of Commercial Sexual Services, and in doing so warrant that you will comply with all applicable New Zealand Law, including but not limited to the Act.
As a Member and Agent of DLite.nz, you warrant that prior to listing an Advertisement you have first obtained the explicit written authorization of any Model who will appear in that Advertisement to advertise that Model’s services. DLite reserves the right to require you to provide evidence (to its satisfaction) of this authority.
As a Member and Agent of DLite.nz, you warrant that you will use your membership for its intended purpose and not as a means of seeking entry into employment or agency relationships with Models you do not currently act as an Agent.
As a Member of DLite.nz, you warrant that you will not register as a Member under multiple identities or persons whether false or not and that all Content provided by you to DLite.nz is true, correct and accurate and is Content for which you have or hold the explicit right to do so.
As a Member of DLite.nz, you grant and warrant that you have the right to grant DLite a royalty-free, perpetual, irrevocable, non-exclusive license to exploit, use, copy, reproduce, modify, publish, edit, translate, distribute, perform, and display an Advertisement or content alone or as part of other works in any form, media, or technology whether now known or hereafter developed.
As a Member of DLite.nz, you warrant and agree that if, in the event that DLite, at its absolute discretion, take the view that you have breached these terms and conditions, whether intentional or not, or for any other reason that DLite deems reasonably justifies such action, DLite may, at its absolute discretion, and without notice to you or need for explanation:
(a) suspend or remove any Advertisement; or
(b) suspend or cancel your membership; or
(c) pursue legal action or remedies against you.
As a Member of DLite.nz, you also agree that if DLite suspends or removes your Advertisement or suspends or cancels your membership, you will not use, publish or copy any Content except as otherwise agreed by DLite in writing.
As a Member of DLite.nz, you warrant and agree to the fees that DLite charges for its Services and that if DLite suspends or removes your Advertisement or suspends or cancels your membership you will not be provided with a refund of those membership fees.
7.3 Accuracy of information supplied in an Advertisement
As a Member of DLite.nz, you warrant that all Content and information provided in the course of your membership is complete, correct, accurate and current, including but not limited to Models:
(c) details of Commercial Sexual Services offered;
(d) photographs (must have been taken within the last 12 months and must accord with our photographic policy), must be of you as a member not of anyone or anything else.
(e) approximate location; and
(f) physical details.
DLite reserve the right to verify these details at any time and suspend or terminate a membership if such content or information is not in our view complete, correct, accurate and current.
7.4 Security and login information
You are responsible for keeping your login information (email and password) secure. As a Member Of DLite.nz, you warrant that you will not permit any other person or entity to use your membership or disclose information to another person or entity that would enable them or it to gain access to your membership.
Memberships are not transferable and cannot be sold, leased or traded without the express permission of DLite.
DLite acknowledges that your membership is terminable on your request and that on termination of your membership, DLite will remove any Content relating to you as soon as is practicable and that such content cannot be given to a third party by DLite without your permission. For the avoidance of doubt, you will not be provided with a refund of any membership fees.
7.7 Photographic policy
DLite aims to engage Visitors with premium visual Advertising. DLite is not a pornographic website. Accordingly, adult, explicit and pornographic content (including images and videos) must not be uploaded as part of any Advertisement. Adult imagery must be of a nature that is deemed acceptable by DLite. DLite reserves the right to remove any Content that it deems inappropriate without explanation to you.
If you have elected Services where photographs are included, you understand, acknowledge and agree that DLite and/or its photographic agent is the owner of the copyright in those photographs and that DLite retains all rights to edit and use those photographs for the benefit of DLite and/or its photographic agent on a royalty- frees basis without consultation with you.
You understand, acknowledge and agree that your use of the photographs is limited to DLite only and that you will not edit, sell, provide to third parties or publish the photographs in any way without first obtaining the permission of DLite.
If you wish to edit, sell, provide to third parties or publish the photographs in any way or form you must first seek agreement in writing and purchase the photographs and all associated rights of use from DLite.
All photographs will be taken in accordance with your instructions and direction and DLite will take all reasonable steps to ensure the privacy of the subject of the photograph.
8 INTELLECTUAL PROPERTY RIGHTS
DLite retains all proprietary and intellectual property rights in DLite (including all Content) and the software and other material underlying and forming part of DLite. You may not without our prior written permission, by any form or by any means adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works for any part of DLite or commercialise, copy, or on-sell any information, or items appearing in the Content.
The Privacy Act 1993 requires the holder of personal information to ensure that it is protected by such security safeguards as it is reasonable in the circumstances to take against (among other things) loss, access, use, modification, disclosure, or other misuse. The Privacy Act 1993 is also a general requirement not to disclose personal information.
DLite gathers information about Members and Visitors of DLite. This information includes:
(a) personal information through your membership, Advertisements, the purchase of Services process and other methods such as correspondence with you (including names, email addresses and payment details);
(b) information collected by DLite through your use of DLite, including the content you upload and the content you access; and
(c) aggregated data.
DLite may send information to you (by email or other means) related to your membership and the Services provided by DLite, including any marketing material, promotional material and special offers. DLite will immediately remove any person from any mailing list upon the person’s request.
Dlite may use information contained in cookies to make marketing decisions. You can choose to accept or decline cookies. Most web browsers automatically accept cookies but you can usually modify your browser setting to decline or delete cookies.
All information provided to DLite is used for the purpose of provision of the Services and other purposes ancillary to provision of the Services and DLite will only store that information for as long as is necessary for the fulfilment of those purposes. DLite will not sell or rent your personal information to third parties.
DLite will protect this information against loss or theft, unauthorised access, disclosure, copying, use or modification through reasonable security safeguards.
Any information contained in an Advertisement is not private and therefore others can access it without your or DLite knowledge or prior approval.
Payment for our Services is completed via Direct Banking (Direct Debit) to our ANZ account , which may ask you to provide further information in order to process your payment successfully. This information is retained by your bank and will not be passed on to us.
DLite may collect and use additional information to carry out internal research. This information may include URL information, browser information and your IP address.
You have the right to access and correct information which DLite holds about you. In accordance with the Privacy Act 1993, you may request correction of that information at any time.
DLite may contain links to enable you to visit other websites of interest. However, once you have used these links to leave DLite, DLite no longer has control and is no longer responsible for the protection and privacy of any information you provide while visiting such sites.