1. Ivy Application
Ivy Technology Pty Ltd (Ivy) has the exclusive license granted by Ivy IP Pty Ltd atf the Ivy IP Unit Trust (Ivy IP Entity) to provide the Ivy iOs and Android application and Ivy website (the Platform) and these Terms & Conditions apply to your use of the Platform and your conduct dealing with models booked on the Platform (Models).
By registering as an Ivy account member (Ivy Account) and or by using the Platform (User) you acknowledge that you are at least eighteen (18) years of age and you agree to be bound by these Terms & Conditions.
You acknowledge that any images which Ivy in its sole opinion consider to be violent, nude, discriminatory, hateful, and or pornographic are strictly prohibited on the Platform and Users who publish any such images on their Ivy Account or anywhere else on the Platform may be excluded by Ivy from the Platform and have their Ivy Account suspended or deleted. You acknowledge that violating another User’s Ivy Account is strictly prohibited.
You warrant that your use of the Platform complies will all applicable State and Federal laws and you unreservedly indemnify Ivy from any breach of any applicable laws by you in relation to your use of the Platform.
Ivy reserves the right to deny access to some or all sections of the Platform in relation to any conduct which it reasonably suspects may be a breach of the Terms & Conditions or any relevant laws.
Ivy will not tolerate any behaviour which would be considered disrespectful, abusive, sexist, racist, homophobic or bullying towards Models. Ivy in its sole discretion will immediately remove you from the Platform and suspend or delete your Ivy Account without refund if whilst with a Model you acted inappropriately which includes but is not limited to the following conduct as under:
a. You touched a Model inappropriately or made unwarranted physical contact or physical advances towards a Model;
b. You engaged in conduct that made a Model feel threatened or otherwise unsafe;
c. You verbally or sexually harassed a Model;
d. You solicited a Model for illegal or unauthorised services;
e. You committed any criminal activity in the presence of a Model or at a location or premises where a Model was present; or
f. You became overly intoxicated or were under the influence of illegal substances whilst with a Model.
You acknowledge that if you require a Model to extend her time this request must be made via the Platform. If Ivy become aware that you offered cash to a Model to extend her booking time or requested the supply of any other goods or services not authorised by Ivy, Ivy may delete your Ivy Account immediately and you indemnify Ivy for any loss or damage sustained by Ivy or a Model as a result of your breach of this provision.
You agree that the privacy of Ivy Models is of significant importance to Ivy and you will not request any personal details from a Model. You acknowledge that you are prohibited from providing your personal contact information to Ivy Models.
You indemnify Ivy for any loss, damage, or claim suffered by Ivy or a Model as a result of your conduct, or your interaction with a Model. You also indemnify Ivy for any loss, damage or injury sustained by a Model as a direct or indirect result of your choice of venue or location for the Model booking.
You acknowledge that Ivy is a platform for booking Models only. You acknowledge that Ivy and its associates, directors, agents, models, employees, and contractors are not liable for any loss, damage or injury incurred by you including but not limited to theft of Your property, damage to Your property, injury to you or a Model, or theft of a Model’s property. You agree that if Ivy is found to be liable for loss or injury you unreservedly indemnify Ivy and its associates, directors, employees, agents and employees.
Ivy is committed to preserving the privacy of its Users and will ensure that all personal information collected will be kept secure and in accordance with any applicable privacy laws.
By using the Platform, you agree to provide certain personal information necessary to utilise the Platform to its full capability.
Whilst Ivy agrees to ensure that all personal information is kept secure, it reserves the right to cooperate fully with any law enforcement authorities relating to any lawful request for the disclosure of personal information of its Users.
You acknowledge that your use of the Platform is undertaken at your own risk and you unreservedly indemnify Ivy from any responsibility in respect of information or content listed on the Platform or any linked websites not controlled by Ivy.
You acknowledge that the Platform contains personal information in relation to Models and that any information about a Model that is uploaded on the Platform is not to be copied or reproduced without Ivy’s express written consent.
Ivy accepts no responsibility for the accuracy of informative content and you unreservedly indemnify Ivy from any responsibility in respect of any inaccurate information.
6. Intellectual Property
You acknowledge that all intellectual property listed on the Platform including, but limited to trade marks, logos, images, photographs, videos, and media content is owned by the Ivy IP Entity, Ivy or associated third parties who contract with Ivy to provide content to the Platform.
You acknowledge that you are expressly prohibited from copying, editing or otherwise reproducing any intellectual property contained in the Platform and agree to use the Platform strictly in accordance with these Terms and Conditions. You agree to indemnify Ivy for any loss or damages incurred by any models caused directly or indirectly by your unauthorised use or reproduction of copyright material including but not limited unauthorised copying or reproduction of images or photographs on the Platform.
You acknowledge that you are expressly prohibited from using any part of the words Ivy, Ivy Models, Ivy Tech, Ivy’s URL or Ivy’s domain without the prior written consent of Ivy.
You acknowledge that you own the content that you post on the Platform and that it does not violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, moral rights, trademarks and/or other intellectual property rights and you agree to pay for any royalties, fees, and any other monies in respect of content that you post on the Platform.
You acknowledge that by uploading content on the Platform you revoke any rights that you had to that content including but not limited to copyright and moral rights.
You acknowledge and understand that these Terms and Conditions are copyright material belonging to Ivy and any reproduction or substantial copy of these Terms and Conditions without Ivy’s express written consent will not be tolerated by Ivy.
You agree to pay to Ivy in addition to any loss and damage incurred Ivy’s legal fees on an indemnity basis if Ivy is required to recover its loss and damages from you for misappropriating, reproducing or copying any Intellectual Property on the Platform.
Ivy, from time to time, may use technology to improve security on the Platform and you agree to cooperate with Ivy and you are responsible to check and read the amended Terms and Conditions.
9. Cookies and Viruses
Ivy uses its best endeavours to ensure the use of the best technology to protect its Users, but accepts no responsibility in relation to any damage to any electronic equipment used by you, including mobile devices, as a result of your use of the Platform.
You acknowledge that you are responsible for ensuring the protection of your electronic equipment and unreservedly indemnify Ivy from any responsibility in respect of damage to any electronic equipment as a result of your use of the Platform.
You acknowledge that if you cancel a booking less than twenty four (24) hours prior to the booking you forfeit all monies paid to Ivy and Ivy will not provide a refund. To avoid any confusion if you book a model to arrive in less than twenty four (24) hours and you cancel that booking at any time Ivy will not provide you with a refund.
Ivy will provide a refund to bookings that are cancelled within an hour of making the booking if the model is to arrive no less than twenty four (24) hours from the time of booking. The refund will be either and as determined in Ivy’s sole opinion a credit to Your Ivy account or a promotional code to be used on Ivy bookings.
You acknowledge that when making payment to Ivy you will be charged in addition for any processing fees incurred by Ivy.
If any part of these Terms & Conditions is held to be illegal or unenforceable, you authorise Ivy to amend or sever that part of the Terms & Conditions to make that part legal and enforceable or to ensure that the remaining parts of the Terms & Conditions remain in full force and effect.
You agree that Ivy reserves the right to delete your Ivy account or block you as a User if in Ivy’s sole opinion you have breached these Terms and Conditions or have otherwise acted in a way that is disrespectful to a Model.
You acknowledge that Ivy may vary these Terms & Conditions and you agree to be bound by that variation from that time when that variation is advised.