TERMS OF USE

These Terms of Use are current as at the date shown above. We update our Terms of Use from time to time; therefore, we advise the users, as defined below, to check any changes since the last time you used the services offered through the https://www.skokka.com.au Site (hereinafter the “Service” and the “Site”).

Users of the Site (collectively “Users”) comprise Offeror Users and Recipient Users, as defined below.

Offeror Users create content displayed on the Site and are entitled to upload advertisements and create profiles in accordance with the Paid Services terms below. Recipient Users have access to content placed by Offeror Users and are given the opportunity to contact Offeror Users via the contact information uploaded by such Offeror Users.

Users are advised that continuing to browse the Site signifies consent to the Terms of Use current at the time when you visit the Site and that if you do not wish to be bound by the Terms of Use you should close the Site and cease to use the Service.

Our use of your personal data is governed by our Privacy Policy also sets out our use of cookies and similar technology. We only gather the minimum personal data which is necessary for us to provide the Service in accordance with these Terms of Use, to comply with legal obligations on us, and to fulfil our legitimate interests with respect to improving the Service, extending the geographic coverage of the Service and promoting the safety and well-being of our Users.

If you wish to become an Offeror User, you will not be allowed to create a profile or to place an advertisement unless you confirm you accept, at the time of placing that advertisement or creating that profile, these Terms of Use including the Acceptable Use Policy and the Guidelines set out below.

Please note that this Site is aimed strictly at adults (over 18) and by using the Site you are warranting that you are over 18 and that, in the case of Offeror Users, that you are not offering any services through the Site which contravene any applicable laws or would cause us to contravene any such laws. More details about this appear below.

Please note that the Site acts as a platform provider only offered by SOFYAN LIMITED, with registered office in Amathus Avenue, 4532 Agios Tychonas, Limassol, Cyprus, Registration Number: HE 445193 (“we” or “us”). We do not exercise editorial control or pre-vet advertisements placed with us or User profiles created on the site, although we will take down advertisements or profiles which:

• contravene these Terms of Use; or
• contain any malware or any other material which risks interfering with or degrading the proper performance of the Site; or
• we consider in our absolute discretion to be prejudicial to the proper performance of the Service; or
• we consider are or may be in breach of any applicable laws or regulations binding on us; or
• constitute or may constitute harassment or bullying of any other User or other third party; or
• are threatening, abusive or discriminatory;
• in our sole discretion, have caused or are reasonably likely to cause damages to the Company, or otherwise damage its reputation; or
• we consider are, or may contain or depict:
  • underage content, including child pornography, child abuse material and / or child exploitation material, including any sexualised content depicting or describing persons under 18 years of age; or
  • abhorrent violent conduct or material, including any depictions of rape or sexualised violence.

We have set up two dedicated email addresses (privacy@skokka.com.au and abuse@skokka.com.au) which permits Users to report to us advertisements which they consider contravene these Terms of Use, specifically which in their opinion contain a) underage content; b) have not been published by or with the consent of the person included within them; or c) are otherwise illegal. We will review all advertisements which are reported to us and may either uphold the complaint and remove the advertisement, require the Offeror User who placed the advertisement to provide additional material verifying their age or the right to place the advertisement as the case may be or reject the complaint.

If we request any further assistance or information from a User in relation to a complaint, you must, as soon as practically possible, provide all assistance and information reasonably requested. You also acknowledge that we may remove any content where required or requested to do so by any regulatory or supervisory authority.

The sections marked “Acceptable Use Policy” and “Guidelines” set out in more detail material which is considered to contravene these Terms of Use, although it is for Users, in each case, to determine for themselves the laws applicable to any material contributed by them to the Site and such material's compliance with the Terms of Use.

We reserve the right to ban Users for serious or repeated breaches of these Terms of Use. In the event of any take down of any advertisement or banning of any User we will not, in any circumstances, be responsible for any losses, claims, damages or expenses whatsoever arising out of such take down or ban and no refunds for any monies paid to us will be granted.

By uploading an advertisement on the Site, the Offeror User authorises us to process his/her personal data (including special categories of personal data) for the purpose of publishing said advertisement on the Site.

Obligations and behavior of the User

The Service is an adult service and, by using the Service, Users represent and warrant that they are 18 or over. Any misrepresentation by any User under 18 that they are 18 or over, or any circumvention of any age verification measures put in place by us will be a breach of these Terms of Use.

As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Offeror Users. The Site is not an intermediary or agent of any Users and is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Offeror User(s) and any Recipient User(s).

By using the Service, Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties including but not limited to other Users.

We are not responsible for and do not guarantee the veracity of the contents of any advertisements placed by Offeror Users, or the successful outcome of any negotiations between any Offeror User(s) and any Recipient User(s).

Limitation of Liability

Nothing in these Terms of Use:

• applies to limit or exclude any liability of any party for death or personal injury caused by that person's negligence or any person for whom they are responsible, or for fraud, or for any other liability which may not be excluded or limited by law;
• excludes, restricts, or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

If any guarantee, term, condition, or warrant is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to supplying the Services again.

The Site and its affiliates, and its or their affiliates, managers, employees, officers or directors do not accept any liability for:

• any loss or damage to the extent it arises from circumstances outside their reasonable control;
• any loss or damage caused by any interruption in or non-availability of the Site or the Service;
• any direct or indirect loss of profits, business, reputation, anticipated savings or turnover;
• any loss or corruption of data;
• any indirect, punitive, statutory or otherwise non-refundable damage on the basis of the applicable law;

even if it has been advised of the possibility of such damages.

The Site's and its affiliates' liability, as well as managers, employees, officers or directors' liability to Users for any other losses and damages, whether arising in contract, tort, breach of legal obligations or otherwise arising from or relating to the Site and/or the Services shall:

• in the case of Paid Services, be capped at an amount equivalent to the higher of the sums paid by the relevant User in the twelve months immediately prior to the event giving rise to the claim, or Euro 500; and
• in the case of any other Services, be capped at Euro 150.

Each of the above provisions and sub-provisions are separate and independent provisions and a finding of nullity or unenforceability in respect of one provision or sub-provision shall not affect the enforceability of the other provisions which will remain in full force and effect.

Paid Services: Offeror Users

By publishing an advertisement on the Site (which includes creating an online profile), each Offeror User is authorizing us to promote it for its greater visibility in our discretion and to operate the Service so as to facilitate maximum effectiveness in relevant geographical markets. By creating an online profile or placing an advertisement on the Site, Offeror Users confirm they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way to offer services or to create the online profile or place the advertisement.

Offeror Users are made aware that we take payment for the Paid Service through our payment service provider, whose terms and conditions govern transactions between Offeror Users. We are not responsible for the acts, omissions or defaults of the payment provider. In the event of breach of these terms, we reserve the right to take down the advertisement without refund, to delete any applicable profile and to ban Users from creating any future profiles or placing any future advertisements.

If our payment provider receives a request from a financial institution or a platform to refund any financial amount spent on purchases of Paid Services, we reserve the right to block the Offeror User’s Profile upon the receipt of such request until we are informed by the payment provider that the issue has been fully resolved to the satisfaction of the payment provider and/or the financial institution or platform.

Please note that the Company does not interfere in the negotiation between the Users.

Age Verification Procedure

Offeror Users agree that the Company may subject the publication of advertisements to verification of the minimum age requirements, either in an automated form, through an external service provider, or through manual verification, in the event that automatic verification is not possible. In particular, for this purpose, the Company may ask the Offeror User to provide his/her identity document. For this purpose, the Company uses the provider Yoti of the company Yoti Limited, based in London, 6th Floor, 107 Leadenhall St, EC3A 4AF (United Kingdom), as a service provider, to acquire information about the identity of the Offeror User from his/her ID and to verify that his/her selfie matches the photo on the ID. The Company will use the data contained in the ID for the sole purpose of verifying the User Advertiser's account information relating to his/her age and identity.

Acceptable Use Policy

Users undertake not to use the Service provided by the Site either improperly or contrary to the provisions of law, rules of ethics and good conduct of the network services (netiquette). Users, in particular, undertake not to transmit through the Site material of offensive and libellous nature, discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is some way contrary to the principles of public order and good morals.

Offeror Users are responsible for complying with all applicable laws with respect to the content of their advertisement. In particular, Users must not advertise any services which would be unlawful to advertise or perform within their jurisdiction and they must not include any material which infringes applicable laws.

Offeror Users warrant that they are the data subjects of or that they have the explicit, voluntary, and informed consent of all persons whose personal data or images are included in any advertisement placed by them and that they will not use any material in their advertisements which contravenes the copyright or other intellectual property rights of any third person.

Placing advertisements purporting to be from someone or including the data or images of someone who has not consented to those advertisements being placed is a serious breach of these Terms of Use and may lead to accounts being closed and Offeror Users responsible banned from the Site.

Offeror Users are aware that by including an email address in advertisements hosted by the Site, we have no control over any materials which may be sent directly to that email address, whether by other Users or otherwise, and whether in answer to that advertisement.

Guidelines

Offeror Users have their specific attention drawn to the following Guidelines. For the avoidance of doubt, we offer this summary as a convenience and should not be taken to constitute legal advice as to when material is lawful to include in advertisements and profiles.

• While nude images including images containing visible genitalia is permissible material, prohibited material includes:
  • images of actual rather than simulated sexual intercourse;
  • strong fetish material;
  • other sexually explicit and very strong sexual images;
  in each case, including virtual (including photoshopped), animated, computer-generated, or cartoon depictions.
• Only one free advertisement may be published every three days, from a single profile and on a single city and category (unless it is promoted with a paid product).
• It is not permitted to include hypertext links in any advertisement or profile.
• It is not permitted to publish advertisements offering money or services in exchange for sexual performance.
• It is not permitted to post content and/or advertisements relating to the sale of medications, drugs, weapons and/or offensive instruments.
• It is not permitted to publish advertisements that are not relevant to the subject matter of the Site.
• It is not permitted to publish advertisements in a foreign language or in any case in a language other than official English.
• Any material which includes or promotes suicide or self-harm is not permitted;
• Any material which may be considered “extreme pornography” or “abhorrent violent conduct” or material, including material which depicts rape, sexualised violence, or acts which appear to be non-consensual, which appears to involve animals, which appears to involve sexual acts with dead bodies, or which depicts acts which appear to threaten a person's life or acts which result, or are likely to result, in serious injury to a person's anus, breasts or genitals are not allowed;
• Any material which makes use without each participant's consent of intimate or erotic material provided on private occasions (“revenge porn”) is not allowed;
• Any material which depicts, promotes, implies, induces or offers sexual activity with or by minors, child pornography, child abuse material and / or child exploitation material, including any sexualised content depicting or describing persons that appear to be under 18 years of age, or which otherwise promotes, depicts, implies, or encourages paedophilia (“paedopornographic material”) is not allowed – this includes any virtual (including photoshopped), animated, computer-generated, or cartoon depictions;
• Any material portraying or purporting to portray third parties who have not consented to that use or publication is not allowed;
• By placing advertisements or creating profiles, Users certify that they have full legal rights to do so, and also declare and warrant that the material uploaded belongs to persons of legal age (over 18) which have given their free and informed consent to publish them on the Site for adult dating purposes and who are not being coerced or pressured in any way to participate;
• It is not permitted to publish libellous and/or defamatory content;
• Offeror Users may not upload, post, display, or publish material that constitutes hate speech, is discriminatory, threatening, menacing, humiliating, offensive, or harassing, or which encourages or promotes violence, that counsels or incites suicide, is an act of cyberbullying, cyberstalking, or stalking, or which would constitute criminal offences under legislation including relating to child sexual exploitation, torture, assault, death, terrorism or racism or xenophobia. For these purposes “hate speech” includes material directed to a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, or any other protected characteristic and which is intended or has the effect of or is likely to have the effect of inciting discrimination, hatred, fear of, or violence against such group or individual.
  The following are non-exhaustive examples of behaviour or material which is considered to be threatening or harassing:
  1. is or appears to be targeted at a specific individual or group of individuals and is offensive, derogatory, or harassing;
  2. is used or appears to be intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content;
  3. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way;
  4. disseminate or are intended to disseminate online personal and private information (such as full name, address, telephone number, etc.) or other data concerning a person (doxing) or otherwise identifies a User or other third party or includes material which could be used for such purposes such as employer details, telephone numbers, financial details, location information, names, identity documents, email addresses, log-in credentials or any other personally identifiable information without that person's express written consent.
• Users may not use the Site to promote illegal trading, Ponzi or pyramid schemes to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User or which implies, contrary to the fact, that any person or organisation endorses that User or their Content or that they are acting as a brand ambassador or representative of any person or organisation.

The insertion into any advertisement or profile of paedopornographic material will be immediately reported to the competent Authorities, including all access and meta data. We also reserve the right to report material which contravenes our rules on extreme pornography, abhorrent violent conduct, or revenge pornography.

Reports of infringement of intellectual property rights or misuse of images or data (e.g. telephone, e-mail, names and addresses) may be notified to privacy@skokka.com.au.
To report cases of content deemed to be unlawful or abusive, please send an email to abuse@skokka.com.au

On uploaded images, our logo will be added as a watermark with the phrase “posted on”.

SOFYAN LIMITED
Amathus Avenue
4532 Agios Tychonas
Limassol, Cyprus
Registration Number: HE 445193

Changes to the Site

We reserve the right to intervene via the Site or to make any modifications or changes (e.g. design, focus and/or functional content) therein without prior notification, or to limit the Offeror User’s access to the website Site due to maintenance or technical or other reasons for a necessary period of time without prior notification. In such cases, no Offeror User is entitled to claim any compensation or refund pursuant to this policy based on such modification, changes, or non-availability.

Refunds Policy

We do not refund Offeror Users the sums paid for the Paid Services, but we may exceptionally and at our sole discretion offer credits (usable exclusively on the Site) in an amount equal to the sums paid and not used, to be used for future Paid Services. The Offeror User will not be entitled to any refund or credit in case of breach of the obligations of these Terms and Conditions.

Governing Law

These Terms of Use are governed by and interpreted in accordance with the laws of Australia. You may have rights under the Australian Consumer Law in respect of this agreement, and nothing in this agreement is intended to limit any rights you may have under the Australian Consumer Law or your ability to enforce those rights.