The Perfect Gentleman Services Terms and Conditions
Lexx The Perfect Gentleman carries on the business of a luxury companionship service for the provision of both sexual and non-sexual services. By engaging the services of Lexx The Perfect Gentleman:
(a) you agree to be legally bound by these terms and conditions (Terms and Conditions) and that they form a contractual agreement between you and Lexx The Perfect Gentleman; and
(b) you agree that you have had sufficient opportunity to read and understand these Terms and Conditions; and
(c) you warrant that you are at least 18-years old; and
(d) you warrant that you are in good health and do not have a transmissible illness and/or any transmissible diseases; and
(e) you warrant that you are not a criminal, you do not have a criminal record and/or you are not associated with any criminal activity.
1.1 In these general terms and conditions, unless the context indicates otherwise, the following words have the following meanings:
Booking Confirmation means a confirmation by The Perfect Gentleman to you by either SMS or email confirming a time, date, Services and Fees and which will provide a link or copy of these Terms and Conditions.
Confidential Information includes any information disclosed to you by The Perfect Gentleman which is not publicly available and relates to The Perfect Gentleman. This includes but is not limited to all information, documentation, services, packages, know how, personal attributes, techniques, concepts not reduced to material form, images, agreements with third parties, proposals and intentions, marketing information, financial information and business procedures and processes.
Deposit means an amount equal to twenty per cent (20%) of the Fees plus any travel and accommodation costs if applicable. Engagement means the period of time that you spend with The Perfect Gentleman for the provision of the Services. Fees means the agreed fee to be paid by you to The Perfect Gentleman for the provision of the Services. Services means the services to be provided by Lexx The Perfect Gentleman as set out on the Booking Confirmation or as varied by you and agreed to by The Perfect Gentleman at the time of carrying out the Engagement.
Terms and Conditions means these terms and conditions for The Perfect Gentleman. The Perfect Gentleman means the person referring to himself as Lexx operating the business known as The Perfect Gentleman A.B.N. 86 532 564 654.
Website means The Perfect Gentleman’s website being www.theperfectgentleman.org.
In this agreement unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
(e) reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
(f) any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(g) the headings to the clauses and schedules of this agreement are not to affect the interpretation;
(h) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by law made under that enactment; and
(i) the word “including” (and related forms including “includes”) means “including without limitation”.
2 Acceptance and applicability
2.1 You acknowledge that you have exclusively accepted and are immediately bound by these Terms and Conditions once you have received a Booking Confirmation, unless you and The Perfect Gentleman have expressly agreed otherwise in writing.
2.2 These Terms and Conditions shall prevail to the extent of any inconsistency with any other documents or agreement between you and The Perfect Gentleman.
2.3 If one or more of the provisions of these Terms and Conditions are void or might be declared void, the remaining provisions of these Terms and Conditions will remain in full force and effect.
2.4 In the event that you participate in subsequent engagements, you agree to be bound by these Terms and Conditions for all subsequent engagements, unless The Perfect Gentleman has provided you with an updated version of these terms and conditions.
3.1 In consideration for provision of the Services in accordance with this agreement and the Booking Confirmation, you must pay the Fees to The Perfect Gentleman as follows:
(a) the Deposit within one (1) business day of receiving the Booking Confirmation; and
(b) the balance of the Fees at the commencement of the Engagement.
3.2 Payment of the Fees may be made by cash, direct deposit or credit card (noting that surcharges will apply for credit card payments) or by any other method agreed between you and The Perfect Gentleman.
3.3 If you elect to pay by cash at the commencement of the Engagement, you must provide the correct amount of cash in Australian dollars and present the cash in an open envelope.
3.4 If you fail to pay the Fees, The Perfect Gentleman’s offer to perform the Services as detailed in the Booking Confirmation is revoked and The Perfect Gentleman will not attend the Engagement and will not provide the Services.
3.5 You are responsible for payment of any additional Fees due to any variation of any Service Package.
4 Services and Location
4.1 The Perfect Gentleman will attend the Engagement and provide the Services in consideration for you paying the Fees to the Perfect Gentleman, subject to the provisions of these Terms and Conditions.
4.2 The Perfect Gentleman will only provide the Services as agreed and detailed in the Booking Confirmation, unless otherwise agreed to by The Perfect Gentleman at the Engagement and subject to payment of additional Fees.
4.3 You and The Perfect Gentleman will agree on a time and place for the Engagement.
4.4 The Perfect Gentleman only provides out call services and it is your responsibility to provide an appropriate, safe and secure location for the Engagement.
4.5 All expenses including but not limited to accommodation, travel, food and drink, and activities are your responsibility (excluding packages).
4.6 The location for the Engagement must be preapproved by The Perfect Gentleman and will be detailed in the Booking Confirmation. The Perfect Gentleman may in his full and unfettered sole discretion determine that the location for the Engagement is not acceptable and may terminate the Engagement either prior to or upon arrival.
4.7 The duration of the Engagement is strictly limited to the duration of the Service Package detailed in the Booking Confirmation.
5 Rules of Engagement
5.1 The Perfect Gentleman reserves the right at any time during the Engagement to refuse to provide any part of the Service Package or Services or vary the Service Package for any reason. In the event that the Perfect Gentleman refuses to provide any Service or part there of or varies the Service Package, The Perfect Gentleman may vary the Fees, however, is under no obligation to provide any refund of the Fees or any part of the Fees.
5.2 Unless otherwise agreed, a booking requires a minimum of 24 hours’ notice, however, please note that certain Service Packages may require up to a minimum of 5 days notice.
5.3 Unless otherwise agreed, a Booking can only commence between the hours of 10.00am and 10.00pm (AEST).
5.4 Upon commencement of the Engagement (or at a time when The Perfect Gentleman considers that payment can be made discreetly) you must:
(a) pay the Fees to The Perfect Gentleman; and
(b) if requested by The Perfect Gentleman, present your ID for verification.
5.5 You must be showered and clean and The Perfect Gentleman has full discretion to request that you shower prior to provision of the Services.
5.6 If you have pubic hair and the Service Package includes sexual services, your pubic hair must be clean and presentable. The Perfect Gentleman has full discretion to refuse to provide the Services or any part of the Services if you fail to comply with this requirement.
5.7 If the Service Package includes sexual services, The Perfect Gentleman will do a health check with you prior to providing these services.
5.8 The Perfect Gentleman does not tolerate any form of abuse of violence whether physical, mental or verbal and reserves the right to terminate the Engagement at any time if any form of abuse is displayed by you.
5.9 No persons other than you are to be present during the Engagement, unless otherwise agreed in advance.
5.10 You must not record the Engagement with any audio or visual recording device.
5.11 You must not be under the influence of unacceptable amounts of alcohol and/or drugs during the Engagement and you must not demand that The Perfect Gentleman is to consume alcohol and/or drugs.
5.12 No homosexual services are provided by The Perfect Gentleman.
5.13 The Perfect Gentleman always practices safe sex and you must not encourage or demand The Perfect Gentleman to have unsafe sex.
5.14 You must not do any act, or fail to do any act, during the Engagement which may endanger the safety and/or health of The Perfect Gentleman.
6 Booking Requirements
6.1 You must handle all communications regarding the booking yourself, as it is not permitted to arrange a booking on someone’s behalf.
6.2 You must provide a clear body photo of yourself and a valid ID to The Perfect Gentleman. The Perfect Gentleman may request further ID documents from you at the sole direction of The Perfect Gentleman.
6.3 You must be at least 18 years old to make a booking.
6.4 You must notify The Perfect Gentleman if you have any medical conditions and/or complaints that could affect the health of you and/or The Perfect Gentleman.
6.5 The Perfect Gentleman may, in his sole and unfettered discretion, refuse to accept a booking for any reason.
7.1 The Perfect Gentleman may in his sole discretion cancel an Engagement at any time for any reason. If The Perfect Gentleman cancels the Engagement prior to attending the agreed location and The Perfect Gentleman elects not to reschedule the Engagement, The Perfect Gentleman will refund any Deposit paid to you.
7.2 In the event of a change or cancellation by The Perfect Gentleman, you will be contacted as soon as possible.
7.3 If you need to change the date of any Engagement, you must do this in writing no later than 24 hours prior to the Engagement. If you request a change to the Engagement prior to 24 hours of the Engagement, then The Perfect Gentleman is entitled to retain your Deposit and reschedule the Engagement to a suitable date at no charge (First Reschedule).
7.4 All subsequent request/s to change the date of an Engagement after the First Reschedule may incur,a rescheduling fee of $200.
7.5 If you request to change or cancel any Engagement less than 24 hours prior to the commencement of the Engagement, The Perfect Gentleman is under no obligation to agree to change the date of the Engagement and may retain any Deposit paid by you, including any Fees paid for travel and accommodation or any other outlays.
7.6 If you wish to vary the Service Package, this must be requested no less than 24 hours prior to the Engagement. The Perfect Gentleman is under no obligation to agree to the variation and may cancel the Engagement. In the event that you request a variation of the Service Package, you will be liable for all costs incurred as a result of any agreed change, including where applicable costs incurred in relation to travel and accommodation and/or a variation of any inclusions.
7.7 The Perfect Gentleman is not liable for any direct or indirect damage suffered, or expenses incurred by you in the event of a cancellation by you or The Perfect Gentleman.
7.8 If you do not attend the Engagement, The Perfect Gentleman is entitled to retain all Fees paid by you.
7.9 You may terminate the Engagement once it has commenced and if you do so The Perfect Gentleman will retain all Fees paid by you and you are not entitled to a refund of any portion of the Fees.
8 The Perfect Gentleman Website
8.1 You acknowledge and agree that although The Perfect Gentleman will use all reasonable efforts to ensure that the Website is available, temporary interruptions to the Website may occur. The Perfect Gentleman will not be liable to any person for any loss or damage incurred due to the Website not being available or any temporary interruptions.
8.2 The content provided on or through the Website is provided ‘as is’ and ‘as available’. Any material on the Website may be out of date at any given time and The Perfect Gentleman is under no obligation to update such material. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of fitness for a particular purpose. Your use of the Website is solely at your own risk.
8.3 The Perfect Gentleman reserves the right to withdraw or amend the Website and/or content provided through the Website without notice. The Perfect Gentleman may restrict access to some parts of or the entire Website from time to time.
8.4 The Perfect Gentleman may terminate or suspend your access to the Website at any time without notice.
8.5 The Perfect Gentleman will not be liable to you and/or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by The Perfect Gentleman in connection with these Terms and Conditions.
9 Prohibited Use
9.1 You acknowledge and agree that you are responsible for your own conduct while using the Website and for any consequences arising from such use of the Website. You agree to only use the Website for purposes that are legal, proper, and in accordance with these Terms and Conditions. Prohibited conduct and use includes, but are not limited to:
(a) defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights of others;
(b) uploading, posting, emailing or transmitting or otherwise making available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law and these Terms and Conditions;
(c) impersonation of another person or entity, or falsification or deletion of any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
(d) restricting or inhibiting any other users from using the Website;
(e) using the Website for any illegal or unauthorised purpose;
(f) interfering with or disrupting the Website or servers or networks connected to the Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
(g) using any robot, spider, Website search/retrieval application, or other device to retrieve or index any portion of the Website or collect information or data contained within Website about users for any unauthorized purpose;
(h) creating any user accounts by automated means or under false or fraudulent pretenses;
(i) promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual;
(j) transmitting any viruses, worms, defects, Trojan horses, or any harmful code through the Website;
(k) adapting, reproducing, storing, distributing, transmitting, printing, displaying, publishing or creating derivative works from any material or content downloaded from the Website; or
(l) commercialising any information, products or services from any material or content downloaded from the Website. You must notify The Perfect Gentleman of any conduct that you regard to be prohibited conduct or use under these Terms and Conditions by emailing us at Lexx@theperfectgentleman.org. The Perfect Gentleman reserves the right, at its option, to undertake any remedial action, e.g. editing, retracting and/or deleting any content or advertising content or suspension and termination of access to the Website.
10.1 This disclaimer of liability applies to any damages, injury or death caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Website, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
10.2 The Perfect Gentleman makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the content, contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
11 Copyright, Trademark and Intellectual Property Protection
11.1 Except when otherwise indicated, all materials on the Website, including but not limited to, photographs, logos, other images, illustrations, text, video clips, audio clips and written and other materials contract on this Website are protected by copyright, trademarks and/or other intellectual property rights owned, or used with permission of their owners, by The Perfect Gentleman and/or its affiliates.
11.2 The Website as a whole is protected by copyright and other intellectual property rights. All rights are reserved.
11.3 The materials contained on the Website are displayed for informational and promotional purposes only. The Website is solely for the private, personal, non-commercial use by its users. You may not download or copy any material on the Website. No right, title or interest in any material or software is transferred to you as a result of any such downloading or copying. You may not reproduce, except as expressly set forth above, publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, the Website any of the materials on the Website, or any related software. Any other use of materials on the Website, including reproduction for purposes other than those noted above, modification, distribution or republication, without the prior express written permission of The Perfect Gentleman, is strictly prohibited.
12 Limitation of Liability and Indemnity
12.1 You agree that The Perfect Gentleman will not be liable for any damages suffered as a result of using the Website, copying, distributing, or downloading content from the Website. In no event will The Perfect Gentleman be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
12.2 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Website and will not make a claim against The Perfect Gentleman for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Website including but not limited to:
(a) your access to and use of the Website, including any payment obligations incurred through the use of the Website; or
(b) your breach of these Terms and Conditions and any applicable law or the rights of another person or party;
(c) any breach of contract or other claims made between users and advertisers; or
(d) any liability arising from the tax treatment of payments or any portion thereof.
12.3 This indemnification survives the expiration or termination of these Terms and Conditions.
12.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included.
12.5 To the extent permitted by law, The Perfect Gentleman’s liability with respect to the provision of the Services, is limited to the Fees paid by you.
12.6 The Perfect Gentleman is not liable for any consequential loss or damages whatsoever.
13.1 The Perfect Gentleman respects your privacy. You agree and consent to The Perfect Gentleman collecting your personal information, including but not limited to your full name, street address, date of birth, occupation, a full body length photo and any other personal information provided by you to The Perfect Gentleman.
13.2 You agree and consent, subject top the requirement of any law, that The Perfect Gentleman will use any personal information that you provide to:
(a) provide the Services;
(b) process the payment for the Services; and
(c) to ensure the safety of The Perfect Gentleman.
13.4 All Client information collected by the Perfect Gentleman will be securely stored on a private password encrypted hard drive.
13.5 You can make a privacy complaint by contacting The Perfect Gentleman via e-mail. The Perfect Gentleman will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that you are not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.
14.1 Subject to law, The Perfect Gentleman will keep your identity and Services provided to you strictly confidential.
14.2 You must keep the Confidential Information confidential at all times and not deal with it in any way that may prejudice its confidentiality.
14.3 Your obligation of confidentiality continues after completion of the Engagement.
14.4 The Confidential Information does not include information which:
(a) is generally available in the public domain otherwise than as a result of a breach of clause 14.2; or
(b) was known by you prior to The Perfect Gentleman disclosing the Confidential Information to you.
14.5 You agree to indemnify The Perfect Gentleman fully against all liabilities, costs and expenses, including legal costs on a solicitor and own client basis which The Perfect Gentleman may incur as a result of any breach of this clause 14 by you.
14.6 You acknowledge that damages may be an inadequate remedy for breach of this clause 14 and that The Perfect Gentleman may obtain injunctive relief against you for any breach of this clause 14.
14.7 Your obligations of confidentiality under this clause 14, survive termination of the Engagement for any reason whether in accordance with these Terms and Conditions or for any other reason.
15 Health Matters
15.1 The Perfect Gentleman reserves the right to request further information regarding the Client’s Certificate and overall health and conduct a health check at the Location prior to the commencement of the Engagement.
15.2 The Perfect Gentleman has only undergone one covid-19 vaccination. No covid-19 vaccination requirements are needed to use his services.
16 Governing Law and Jurisdiction
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which The Perfect Gentleman has its principal place of business and are subject to the jurisdiction of the courts in Queensland. In the event that the State of Queensland does not have jurisdiction to hear matter relating to this agreement, then the
17.1 Force Majeure
(a) Neither Party has any liability under or may be deemed to be in breach of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from a Force Majeure Event.
(b) The party affected by these circumstances must promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
These Terms and Conditions may only be amended in writing and signed by You and The Perfect Gentleman.
Neither Party may assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under these Terms and Conditions.
(a) No failure or delay by The Perfect Gentleman in exercising any right, power or privilege under these Terms and Conditions will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
(b) The rights and remedies provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.
If any provision of these Terms and Conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and Conditions and rendered ineffective as far as possible without modifying the remaining provisions of these Terms and Conditions and will not in any way affect any other circumstances of or the validity or enforcement of these Terms and Conditions.
(a) Subject to clause
(b), neither you or the Perfect Gentleman may issue or make any public announcement or disclose any information regarding the Services or these Terms and Conditions unless prior to such public announcement or disclosure the party wishing to make a public announcement furnishes the other party with a copy of such announcement or information and obtains the approval of the other party to its terms.
(c) No party will be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations.
A notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing.
17.8 Work, Health and Safety
The Perfect Gentleman will comply with all work, health, safety and welfare standards and regulations prescribed by legislation applicable to the Services.
17.9 Law and Jurisdiction
These Terms and Conditions and the provision of the Services are governed by and will be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland