Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. THESE TERMS GOVERN YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED THROUGH THE WEBSITE. THESE TERMS SET FORTH A BINDING AGREEMENT BETWEEN YOU AND VARIOUS, INC.
- 2. Legal Age.By accessing, viewing, attending or using any of our services, you represent and affirm that you are at least 18 years old and the age of majority and legal consent in the jurisdiction in which you live or reside, and you agree to be bound by and subject to these Terms and are legally permitted to participate in such services. You also agree to our rights to verify your age and identity to our satisfaction before our services and ensure legal compliance to If you do not agree to these Terms, you should not check or click on, or otherwise agree to, these Terms, and you should immediately leave this page and not access or use the Website or obtain any other Services. Upon our request, you agree to sign a non-electronic version of these Terms.
- 5. Use of Services; Assumption of Risk.
5.1. You understand that by accessing our services and our associates’ websites you will encounter content that may reasonably be deemed sexually explicit, mature, offensive, indecent and/or objectionable, content that may or may not be identified as having explicit language or adult themes. In addition certain content and materials available on or through the Services are inappropriate for viewing by minors or by persons who do not wish to be exposed to sexually explicit material.
5.2. Commercially available parental control protections (such as computer hardware, software or filtering services) may assist you in limiting access to material that is sexually explicit or harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. The preceding links are provided for information purposes only and not intended to act as an endorsement of these entities, their services or policies and we are not affiliated with them. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any communications and personal interactions with others (such as dating, illnesses and diseases contracted from mutually consenting adults). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through our services.
5.3. You understand that when you gain access to the Services, you will be exposed sexually stimulating and explicitly erotic nature materials which may include but not be limited to graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials and content which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented and explicit materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
- 6. Third Party Links and Pages; Reliance on Content and Advice.
- 7. Proprietary Rights.
7.1. The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, feedback, messages, and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights in Australia and foreign laws and international conventions.
7.2. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
7.3. You shall not permit other users or anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the materials or any information contained therein obtained from us, without our prior express written consent. Each party shall use its best efforts to safeguard the intellectual property, confidential information and proprietary rights of the other party.
- 8. Content Provided "AS IS"; Access to Content. All such Content is provided "AS IS" without representation or warranty of any kind. Under no circumstances shall we be liable to you in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content. We claim immunity from liability to the fullest extent permitted by law.
- 9. Non-Discriminatory Policy. Our services provided through Love, Sex and Happiness adheres to a strict no-discrimination policy. We are dedicated to upholding our absolute respect of our client’s culture and choices; these include, but are not limited to race, religion, gender, sexual orientation, preferences, desires or indulgences. Any such discrimination by fellow participants and facilitators are strictly not tolerated. It however should be sufficiently noted that for the purposes of conducting our events and workshops effectively, our facilitators and hosts will adhere to heterosexual and objective anatomical language which will include but not limited to “penis” for individuals that possess the male anatomical features and “vulva” for individuals that possess the female anatomical features. In accepting to participate in our services you accept our strict non-discrimination policy and agree to our methods and decisions in operating our services.
- 10. Your Conduct. You further agree to:
10.1. Be responsible for your own actions, choices and property at our service(s);
10.2. No drunken behaviour;
10.3. No drugs;
10.4. Honour the dress code prescribed;
10.5. Respect the trainer, course instructor and/or host of the event, course, or workshop and prevent the instructor from abuse;
10.6. Respect your co-participants, regardless of their race, religion, sexual orientation, preferences.
10.7. Should you wish to conduct yourself in a sexually manner, you are to do so with the consent of expressed consent of the individual; whether the person is a male or female or goes by any other sexual orientation;
10.8. Not to use a camera, mobile phone or any device of a similar nature that allows for the capturing of images, whether still or moving, that would be reasonably deemed to embarrass, humiliate, shame, threaten, subject undue harassment, hate;
10.9. Not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable on any forum that may in lieu of your actions be seen as a result of the release of such content and in doing so cause damage to Lovers Masterclass;
10.10. Not to harm minors in any way or commit abuse, whether it be physical or sexual;
10.11. Not to impersonate or misrepresent your affiliation with, including acting as an employee of, us or our affiliated entities;
10.12. Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, networks or telecommunications equipment that currently serves us;
10.13. Not to interfere with or disrupt the servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
10.14. To stalk or otherwise harass another person(s) who subscribes to our services, whether in person or digitally;
10.15. Not to conduct yourself in any manner, be it physical or sexual, that is deemed by the law as illegal;
10.16. Respect another individual’s right to consent. This even when the individual may or not be in a sexually suggestive position. You and your partner(s) accept that should another individual’s consent be breached or disregarded, the act committed on this individual is deemed as rape or sexual assault and a complaint can be lodged by us or the compromised individual to the South Australian Police;
10.17. Participants, who successfully register for our services, must come with an intention of good faith to learn instead of participating in predatory behaviour. We define predatory behaviour as one who comes in bad faith and with the intention of using our platforms to advance his/her own pleasures and/or fetishes. Such predatory behaviour discourages genuine individuals from learning and a right to have a safe and secure environment to help them acquire what he/she needs to perform to their desired best. If participants who register for such purposes and are discovered, we will ban such individuals from ever registering for our services again.
10.18. Failing to comply with our desired behaviours, you and your nominated and consenting partner(s) agree and empower us to remove you from the premises where our services are conducted. Right to return to our course and/or event is at our absolute discretion.
- 11. Mental Health; Traumas and Triggers
11.1. We at Love Sex and Happiness are dedicated to upholding the mental wellbeing of our clients. Whilst it is not a necessity, we would strongly encourage the disclosure of and mental illness and/or medical conditions to our attention so as to allow us to manage the circumstances in a group or individual setting.
11.2. Sexual and erotic pleasures comprise many literal and implied gestures, messages and/or intentions. Such acts may trigger a previous trauma that you and/or your partner(s) may have experienced in the past. Triggers, whether positive or negative needs to be acknowledged as a feeling and these may not necessarily be able to be addressed within the workshops. Professional help should be sought should you, and/or your partner(s) experience such triggers or traumas. A list of sexual health professionals on our website for your fullest utilisation. You agree to and release us from any and all risks and responsibility for any use of these professionals.
- 12. After Care/Disclaimer
Our services are a culmination of professionals and experts in the similar industry and are meant to be a guide to better practices in love, sex and happiness and to help improve or grow your own knowledge and skills. Whilst these services could at times be mistaken as the ultimate solution, we do not proclaim that the best practices guarantee your individual outcomes. For that to occur, responsibility is on you and/or your partner(s) to acquire the knowledge we provide and adapt it to your circumstances and lifestyle. You acknowledge this fact and agree that whatever is shared, taught or even executed by facilitators are but better practices. You are therefore responsible for your own and/or your partners’ own care, performance and growth following our services and do not hold us including but not limited to our hosts, facilitators, or instructors personally liable if the services does not achieve you and your partner(s) subjective desired outcome as sought.
- 13. Member Interactions and Disputes.
13.1. You are solely responsible for your interactions with other users and members during our courses and workshops. You understand and agree that we have no obligation to screen our attendees and participants; inquire into the backgrounds of our attendees and participants; or attempt to verify the statements of our participants. We make no representations or warranties as to the conduct of the attendees and participants or their compatibility with any current or future users or members.
13.2. If you find other attendees or participant’s behaviour and/or actions offensive, harmful, inaccurate and/or deceptive, you have the right to assert your own stand, however you are not permitted to resort to violence. You may report the matter to us for us to look into it further. Addressing concerns has to be done on the day or night of the event by talking to the host or the trainer/instructor.
13.3. However we reserve the right, but have no obligation, to monitor these disputes between you and other attendees and participants or to prevent them from violating these terms. Please also use caution, common sense, and safety when interacting with other participants. We further reserve the right, but have no obligation, to conduct any credit, criminal or other background checks using publicly available records, at any time, to confirm your compliance with these terms.
13.4. In the event that you have a dispute with one or more other users or members, whether it be on site, off site you hereby release us, our parent, subsidiaries and affiliated entities, staff members, associates and assistants, our shareholders, directors, officers, employees, agents, successors and assigns from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
- 14. Subscription, Usage and Foreign Transaction Fees; Promotional Credits.
14.1. Participation Fees. Our services are subject to fees. These fees are provided to you upon your registration. We reserve the right, at any time, to change the fees and billing methods. We also reserve the right to set aside fees and costs of any particular participant should we deem appropriate to do so. Reasons to the setting aside of fees and costs will remain to be a confidential matter between us and the relevant party and will not be subject to the forces of Freedom of Information Acts, whether it be in South Australia or anywhere in the world.
14.2. Other Fees. Some services may from time to time, require payment of other fees for additional relevant services. These costs will be duly notified to you either during the registration of the relevant service or during the commencement stages of the services. You may choose to decline the payment of these other fees; however you waive your right to be reimbursed for your participation fees or any dissatisfaction owing to your decisions.
14.3. Payment for our services is by way an internet secure payment system sourced from a third party. Please refer to terms and conditions of the third party for particulars regarding the transaction. All prices are inclusive of GST unless otherwise stated. A Tax invoice for purchases will be automatically provided.
14.4. The user shall not hold us liable under any circumstances whatsoever for any claim, action, demand, damages or loss as a result of or arising from the use of these e-services.
14.5. The user shall fully indemnify us against any claim, action, demand, damages or loss which you may suffer as a result of or arising from the use of these e-services.
14.6. When a refund of any money paid to us, using a VISA or Master credit card via these e-services becomes necessary, the money to be refunded shall be paid to the VISA or Master card account from which was originally made from.
- 15. Termination.
15.1. We reserve the right to terminate or restrict your access to or use of the Services, without notice or liability, for any or no reason whatsoever. We will do so by sending notice to you at the email address you provided in your application.
15.2. Upon termination of these Terms, you will not be entitled to any refund of any unused Fees or other prepaid amounts. All decisions regarding the termination of Accounts shall be made by us in our sole discretion. We are not required, and may be prohibited, from disclosing to you the reason for termination of your Account, membership or subscription.
- 17. Limitation of Liability. In no event will we be liable to you or any other person for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, lost profits arising out of your use, or inability to use, the services, even if we have been advised of the possibility of such damages. You further agree to indemnify us and hold us harmless for any and all claims, damages, liabilities and expenses in the event that you find other users' or members' content to be offensive, harmful, obscene, inaccurate and/or deceptive. Under no circumstances shall our liability to you for any claim or cause of action whatsoever, and regardless of the form of the action, whether arising in contract, tort or otherwise, exceed the amount paid by you to us, if any, during the 90 day period immediately preceding the date on which you first assert any such claim. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
- 18. Indemnification. You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.
- 19. Choice of Law. In agreeing and paying for our services, you agree that these terms shall be formed and governed by the laws of the state of South Australia. That the appropriate legal forum for any action arising out of this Agreement shall be a Court sitting in Adelaide, South Australia Australia for any action in which the jurisdiction by virtue of the action is the Local Court or District Court of South Australia.
- 20. Venue. You agree to exclusive jurisdiction in Australia for all arbitration and other proceedings arising out of these Terms.
- 21. Class Action Waiver. In any dispute, neither you nor any other person shall be entitled to join or consolidate claims by or against other affiliates or persons, or arbitrate any claim as a representative or class action or in a private attorney general capacity. You acknowledge that you are giving up your rights to participate in a class action or representative action with respect to any such claim.
- 22. Electronic Communications
22.1. By using the Services, you consent to receiving electronic communications, e.g. e-mail, from us and our affiliated entities. These communications will include but not be limited to receipts of your purchases, correspondences and electronic direct mailers.
22.2. You agree that any notice, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including but not limited to, any requirements that such communications be in writing.
- 23. Severability. If any provision of this Agreement is held to be unenforceable under applicable law, such provision shall be excluded from this Agreement, and the balance of this Agreement shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its modified terms.
- 24. Force Majeure. Neither you nor we shall be held responsible for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or other causes beyond the affected party's reasonable control.
- 25. Construction. The headings used herein are for convenience only and shall not be deemed to define, limit or construe the content of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
- 26. Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of any term hereof. No waiver of a breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless granted in writing and signed by an authorized representative of us at our director level or above.
- 27. Non-Assignment. You may not resell, assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may resell, assign or transfer our rights and obligations under these Terms at any time without restriction and without notice or consent.
- 28. Agreement Binding. This Agreement shall be binding upon the parties and their successors and permitted assigns.