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1.1 Top Shemales was founded with the aim of facilitating connections between Punters and Providers via an online service. We do this by hosting the Platform, which showcases Providers and allows Punters to find and contact preferred Providers via a Top Shemales hosted web chatroom or phone line.
1.2 These Terms constitute a contract between all Users of the Platform and/or our Platform Services (you) and Top Shemales. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
1.3 These Terms are a legal contract between you and: Siteways Group BV
1.4 By registering an account with Top Shemales as a User, you represent and warrant that:
Business means a commercial entity that is purchasing the Services in connection with a trade, craft or profession.
Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.
Listing(s) means any listing on the Platform created by a Provider.
Provider means any individual whose Provider Services are advertised on the Platform and that Punters may engage for Provider Services through the Platform.
Provider Services means the Provider services provided by the Provider to the Punter.
Provider Services Contract means the binding agreement between the Punter and the Provider for the provision of Provider Services.
Punters means all users of the Platform that engage Providers for Provider Services.
Order means the Provider's initial commitment to a Subscription or series of Subscriptions, submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (`Ordering` and `Ordered` shall be construed accordingly).
Platform means the `Top Shemales` online platform which includes its proprietary domain: Top Shemales and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by Top Shemales.
Platform Services means the services provided by Top Shemales to Punters and Providers as defined in Clause 1.1.
Platform Services Contract means the binding agreement between Top Shemales and Providers for the provision of advertising space to display Listings on the Platform.
Subscription means a subscription contract for periodic payments made by Providers to op Escort in return for advertising space, billed on a 7-day cycle (`Subscribing`, `Subscribe` and `Subscribed` shall be construed accordingly).
Subscription Fees means the fee payable to Top Shemales by Providers for Subscriptions under these terms as defined in Clause 8.2.
Terms means these Terms of Use.
Top Shemales/`we`/`us`/`our` means the company that provides the Services and maintains this Platform being Siteways Group BV, a limited company registered in Netherlands with company registration number: 66566878, having its registered office at Rooseveltstraat 18-W, 2321BM, Leiden.
User means Punters and Providers that use the Platform.
3.1 Before contacting Providers, you will be required to register for an account via the Platform. You remain responsible for all actions and security in relation to your account.
3.2 If you wish to register for an account, you must signify agreement with the Privacy Policy, Cookie Policy and these Terms. You will also be required to submit details as follows:
3.3 You can change your details and preferences at any time in the `my account` section of the Platform.
3.4 We may contact you by using e-mail or other communication methods and you expressly agree to this.
3.5 By contacting a Provider you consent to your personal information being shared with that Provider.
3.6 We retain and use all information strictly under the Privacy Policy.
3.7 Once the Provider Services Contract has been formed, Top Shemales discharges its responsibilities to you and all contractual matters relating to the performance of the Provider Services are between you and the Provider. It is therefore of the utmost importance that you communicate with the Provider directly in regard to important information such as whether the Provider is free from sexually transmitted diseases.
4.1 In consideration of the receipt of the Platform Services, the Punter shall:
4.2 Any breach by you of Clause 4.1 may result in immediate suspension from the Platform and the possibility of being permanently excluded from the Platform in perpetuity. Furthermore, Top Shemales reserves the right to report the Punter to the relevant authorities where Top Shemales in its sole discretion believes such notification is merited.
4.3 In addition, we may terminate your use of this Platform at any time by writing if:
4.4 If we terminate your use of this Platform in the situations set out in Clause 4.2, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching these Terms.
5.1 If you wish to become one of our Providers, you must first register for an account through the Platform. We will then assess your application and we may ask you for more details. We will require certain information during the verification process, which may include, but is not limited to:
5.2 If you are registering an account on behalf of a Business, you warrant that you are authorised to grant all the licences referred to in these Terms and that you are authorised to bind the Business to these Terms which constitute the entire agreement between us in relation to your use of the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
5.3 Providers are permitted to upload content to our Platform through their Listing. By permitting us to upload any Listing to our Platform, the Provider grants Top Shemales and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Listing and/or to incorporate it into other materials in any form, for the purposes of marketing.
6.1 To Order any Subscription, you must follow the Order process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
6.2 The Platform Services Contract will be formed for the Subscription you have Ordered when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
6.3 You will receive the Order Confirmation within a reasonable time after making the Platform Services Contract.
6.4 The description of the Platform Services on our Platform does not constitute a contractual offer on behalf of the Provider to provide any Platform Services to you. When an Order has been submitted on the Platform, it can be rejected for any reason, although we will try to tell you the reason without delay. This may be because of unexpected limits on our resources which we could not reasonably plan for or because you have Ordered Provider Services in the past and we have received complaints due to your conduct
Subscriptions commence once your payment of the for the first instalment is accepted by us and shall continually renew on a weekly basis unless terminated at any time by giving us 7 days written notice of your intention to do so. Notice of termination must be in writing and sent to us via the Platform.
8.1 The price of the Subscription Fees are those set out on the Platform on the date of the Order.
8.2 You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
8.3 Prices and charges include VAT at the rate applicable at the time of the Order.
8.4 All Fees must be taken through the Platform. We process payments using Worldline and Pay Safe which are subject to Worldline General Terms of Service and Pay Safe`s Terms of Service respectively which are incorporated into these Terms by reference. If you try to make any payment to Providers outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
8.5 Our preferred currency is Euros. If Subscription Fees are not received in in Euros, the conversion is performed by Worldline or Pay Safe. We are not responsible for any exchange rate rates or charges levied by Worldline or Pay Safe for such conversion.
8.6 All Providers are fully responsible for compliance with any applicable local laws and regulations in regard to any payments that they receive from the Provider Services including the payment and reporting of any applicable income taxes. For the avoidance of doubt, Top Shemales is not responsible for Providers` tax payments or any other financial obligation and cannot provide the Providers with any advice in this regard.
8.7 As Providers are using the Platform Services as a Business, there is no right for Providers to cancel under these Terms.
9.1 The Provider represents and warrants that:
9.2 The Provider shall indemnify, defend and hold harmless Top Shemales against all losses that Top Shemales incurs or suffers however arising as a result of or in connection with:
9.3 Top Shemales reserves the right to suspend and terminate the use of the Platform by any Provider that breaches these Terms or if it receives more than two complaints about any Provider from Punters.
Nothing in these Terms shall be interpreted as meaning that any Provider is an employee of Top Shemales and agrees that all Services provided to Punters are as a Business and are therefore excluded from any benefits or rights attributed to employees of Top Shemales including, but not limited to, entitlement to paid holiday or sick leave.
12.1 We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.2 "Top Shemales" is an unregistered trade mark. No rights are granted to Users or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
12.3 You are permitted to:
12.4 However, you must not:
12.5 If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.1 We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
13.2 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
13.3 You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
13.4 We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
14.1 Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
15.1 We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
15.3 No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
16.1 In the event of any failure by a party because of something beyond its reasonable control:
17.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
17.2 These Terms should be read alongside, and are in addition to our policies, including our Privacy Policy and Cookie Policy.
17.3 For the purposes of these Terms:
17.4 We are a Data Controller of the Personal Data we Process in providing the Platform Services to you.
17.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
17.6 For any enquiries or complaints regarding data privacy, please contact us.
18.1 The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
18.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
19.1 You may not use the Platform for any of the following purposes:
20.1 We provide the Platform Services only and we are not responsible and accept no liability whatsoever in respect of the Provider Services that Punters may receive from a Provider. For the avoidance of doubt, Top Shemales sells advertising space via Provider Listings and we are not an escort agency. We take no responsibility for the content or actions of third party websites or Providers that Punters may access by following links, email or phone contacts from this Platform. All Listings are reviewed before publishing.
20.2 If you are a Punter, we limit our liability as follows:
20.3 If you are a Provider, we limit our liability as follows:
20.4 Whether you are a Consumer or a Business, this Platform and the Platform Services advertised on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
20.5 The Provider agrees to indemnify Top Shemales against all reasonable costs, expenses, penalties, fines or interest including reasonable legal costs and expenses, incurred or payable by the Provider in connection with or in consequence of any such liability, deduction, contribution, assessment or claim including claims for employment or worker status brought by the Provider against Top Shemales arising out of or in connection with the provision of the Platform Services, except where such claim is as a result of any act or omission of Top Shemales.
21.1 These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the current version of the Terms. No variation of these Terms, can be made after it has been entered into unless the variation is agreed by the User and Top Shemales in writing and authorised by a member of our senior staff.
21.2 These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
21.3 No third party will have any right to enforce or rely on any provision of these Terms.
21.4 If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
22.1 The Contract (including any non-contractual matters) is governed by the law of Netherlands.
22.2 Disputes can be submitted to the jurisdiction of the courts of Netherlands.
22.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Punters should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.
