Terms of Use

These Terms of Use (“Terms”) set out the conditions on which you may access and use the website and services operated under the brand XDATE at xdate.co.nz (the “Platform”). The Platform is operated by XDATE (“we”, “us”, “our”).

By accessing, browsing or using the Platform, creating an account, or publishing a listing, you agree to be bound by these Terms. If you do not agree with them, you must not use the Platform.

Effective date: 14 October 2026

1. Our role: an advertising directory only

The Platform is an online advertising directory. It allows third-party advertisers to publish advertisements and information about themselves and the services they offer. We provide advertising space and directory functionality. That is the whole of our role.

We are not an escort agency, brothel operator, booking or introduction service, manager, agent, representative, employer, broker or intermediary for any advertiser or user. In particular:

• we do not provide, perform, arrange, negotiate or facilitate any of the services advertised on the Platform;
• we are not a party to any arrangement, agreement or transaction between an advertiser and any other person;
• we do not take any commission, fee or share of revenue from anything arranged between an advertiser and any other person; our only revenue is from advertising, paid listings and platform features sold to advertisers;
• we do not act as agent for any advertiser and have no authority to bind any advertiser;
• we do not pass messages between users and advertisers, and we hold no contact details beyond those displayed in a listing. If you wish to contact an advertiser, use the contact details shown in that listing.

Any arrangement you make is made directly and solely between you and the advertiser. You are responsible for your own decisions, and for taking reasonable steps to satisfy yourself about any person you deal with.

2. Adults only (18+)

The Platform is strictly for adults. You must be at least 18 years old to access or use the Platform, to create an account, to publish a listing, or to contact an advertiser.

If you are under 18, you must leave the Platform immediately and must not provide us with any personal information.

Commercial sexual services involving a person under 18 are unlawful in New Zealand, and may constitute serious criminal offending. We have a zero-tolerance approach to any content that involves, depicts, refers to, or sexualises minors. Any such content will be removed immediately, the associated account will be permanently terminated, and we will report the matter to the New Zealand Police.

3. Definitions

“Advertising” means any listing, profile, advertisement, photograph, text or other content submitted to the Platform for publication by an Advertiser.

“Advertiser” means any person or business that submits Advertising to the Platform, whether on their own behalf or on behalf of another person.

“Listing” means an individual advertisement or profile published on the Platform.

“User” means any person who accesses or uses the Platform, whether or not they have an account.

4. Eligibility, accounts and security

By using the Platform you represent that you are 18 or over and that you have the legal capacity to enter into a binding contract.

Some features require an account. You agree to provide accurate, current and complete information when registering, and to keep it up to date. You must not create an account for anyone else, impersonate any person, or create an account on behalf of a person under 18.

You are responsible for all activity that occurs under your account and for keeping your login credentials confidential. You must notify us promptly at [email protected] if you become aware of any unauthorised use of your account or any other security breach. We may suspend an account where we reasonably believe it has been compromised.

You must not sell, transfer or share your account, or allow any other person to use it.

5. Advertising on the Platform

Advertising is accepted subject to these Terms and to any additional requirements published on the Platform from time to time. In particular, Advertising must:

• relate to a real, identifiable adult who is 18 or over and who has consented to being advertised;
• be accurate, and not be false, deceptive or misleading in any respect;
• not use photographs of any person other than the advertised person, and not use photographs without that person’s consent;
• comply with all applicable New Zealand law;
• not contain material that is objectionable within the meaning of the Films, Videos, and Publications Classification Act 1993;
• not advertise, promote or facilitate any unlawful service or activity;
• comply with any applicable local authority bylaw, including any bylaw made under the Prostitution Reform Act 2003 regulating the location of brothels and signage advertising commercial sexual services.

We may set limits on the number, size, format, placement and duration of listings, and may refuse or remove Advertising at our discretion in accordance with section 7.

6. Prohibited content and conduct

You must not, and must not permit any other person to:

• post or promote any content involving, depicting, referring to, or sexualising a person under 18;
• post content that is false, deceptive or misleading, including fake identities, fake photographs, or misleading claims about services, rates or availability;
• post content that is threatening, abusive, harassing, hateful, defamatory, or that incites violence or hatred against any person or group;
• post intimate visual recordings or other material in circumstances that would breach the Harmful Digital Communications Act 2015, or that would cause harm to any person;
• post content that infringes the copyright, trade mark, privacy, confidence or other rights of any person;
• post content that is objectionable within the meaning of the Films, Videos, and Publications Classification Act 1993, or that depicts extreme violence, bestiality, or sexual conduct involving coercion;
• advertise or facilitate coercion, trafficking, forced labour, or any form of exploitation;
• post content relating to the sale or supply of illegal drugs, unlicensed medicines, weapons, or stolen goods;
• use the Platform to commit, facilitate or conceal fraud, scams, extortion, blackmail, money laundering or any other unlawful conduct;
• harvest, scrape, crawl or systematically extract content or personal information from the Platform, or use automated means to access it, without our prior written consent;
• circumvent, disable or interfere with security features, rate limits, access controls or other protective measures;
• introduce viruses, malware, or any other harmful code;
• attempt to gain unauthorised access to any account, system, network or data;
• post fake reviews, ratings, comments or testimonials, or engage others to do so;
• use the Platform to send unsolicited commercial electronic messages in breach of the Unsolicited Electronic Messages Act 2007;
• use another person’s identity, photographs or personal information without their consent;
• engage in any conduct that is unlawful, or that we reasonably consider brings the Platform into disrepute or exposes us or our users to legal risk.

7. Moderation, removal, suspension and termination

We are a directory, not a publisher of last resort, and we do not undertake to monitor all content. However, we may review, moderate, edit, restrict, refuse or remove any Advertising or content, and may suspend or terminate any account, at any time and without notice, where we reasonably consider that:

• the content breaches these Terms or any law;
• the content creates a risk to the safety of any person;
• the content involves a person under 18;
• the content is likely to expose us, our users or any other person to legal liability;
• the account has been used for fraud, spam, abuse or other misuse.

We may also remove content in response to a valid legal request, a court order, or a properly substantiated complaint from a rights holder.

Where we suspend or terminate an account for a breach of these Terms, we may also prevent the person from creating further accounts and may retain records necessary to enforce that restriction, in accordance with our Privacy Policy.

We do not guarantee that any content will be published, remain published, or be published within any particular time. Moderation decisions are made at our discretion, and our failure to remove any particular content does not amount to approval or endorsement of it.

8. Advertiser representations and warranties

By submitting Advertising, you represent and warrant that:

• you are 18 or over, and any person depicted, described or referred to in the Advertising is 18 or over;
• you have the legal right to publish the Advertising and everything in it, including all photographs and text;
• you have obtained all necessary consents from every person whose image, name, voice or personal information appears in the Advertising;
• all information in the Advertising is accurate, current and not misleading;
• the Advertising complies with all applicable New Zealand law, including the Prostitution Reform Act 2003, the Films, Videos, and Publications Classification Act 1993, the Harmful Digital Communications Act 2015, the Fair Trading Act 1986 and the Privacy Act 2020;
• the Advertising does not infringe the intellectual property, privacy or other rights of any person;
• you will comply with these Terms and with any applicable local authority bylaw.

You must promptly correct or remove any Advertising that becomes inaccurate or misleading.

9. Paid features, credits and refunds

We may offer paid features, including premium placement, featured listings, promotional boosts, credits and subscriptions. Prices, durations and inclusions are shown on the Platform at the time of purchase.

Unless stated otherwise at the time of purchase:

• payments are for advertising and platform features only, and are not payment for any service advertised on the Platform;
• fees are non-refundable once the purchased feature has been delivered — for example, once a listing has been published or featured for the agreed period;
• where a refund is available, it is limited to cases of unauthorised or fraudulent payment, duplicate payment, or a failure by us to deliver the purchased feature;
• if we remove a listing or terminate an account because of a breach of these Terms, any remaining time, credits or paid features may be forfeited without refund;
• prices may change, but changes do not affect features already purchased.

Nothing in these Terms is intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded. Where you acquire advertising or platform features in trade (that is, for the purposes of a business), you and we agree that the Consumer Guarantees Act 1993 does not apply, in accordance with section 43(2) of that Act.

You are responsible for any taxes applicable to your own activities.

10. Intellectual property

The Platform itself — including its software, design, layout, text, graphics, logos, databases and trade marks — is owned by or licensed to us and is protected by copyright, trade mark and other laws, including the Copyright Act 1994. You must not copy, reproduce, adapt, distribute, publicly display, or create derivative works from any part of the Platform except as expressly permitted by these Terms or by law.

You may not use our name, logo or trade marks without our prior written consent.

11. Your content and the licence you grant us

You retain ownership of the content you submit to the Platform.

By submitting Advertising or other content, you grant us a non-exclusive, worldwide, royalty-free, transferable licence (with the right to sublicense to our service providers) to host, store, reproduce, adapt for technical purposes such as resizing and formatting, publish, display, distribute and communicate your content, solely for the purposes of operating, providing, promoting and improving the Platform, and providing the services you have requested.

This licence ends when you delete the content or your account, except that: (a) we may retain copies as required for legal, accounting, security, moderation or backup purposes; and (b) content that has been shared with or cached by third parties, or indexed by search engines, may persist outside our control.

You warrant that you have all rights and permissions necessary to grant this licence.

12. Copyright and rights complaints

If you believe that content on the Platform infringes your copyright or another right, please contact us at [email protected] with:

• your name and contact details;
• identification of the work or right concerned;
• the specific URL or location of the allegedly infringing content;
• an explanation of why you believe the use is infringing;
• a statement that the information you have provided is accurate, and that you are the rights holder or authorised to act for them.

We will review properly substantiated complaints and may remove or disable access to the content concerned. We may also notify the advertiser and give them an opportunity to respond.

13. Third-party content, links and no endorsement

All listings and most content on the Platform are provided by third parties. We do not create, verify, endorse, recommend or guarantee any advertiser, listing or service. The presence of a listing on the Platform is not a recommendation, and does not indicate that we have verified the identity, age, qualifications, or claims of the advertiser, beyond any verification badge that may be displayed.

The Platform may contain links to third-party websites. We do not control those websites and are not responsible for their content, services or practices.

14. Disclaimers

To the maximum extent permitted by law, and subject to section 15:

• the Platform and all content on it are provided on an “as is” and “as available” basis;
• we do not warrant that the Platform will be uninterrupted, secure, error-free or free of harmful code, or that any content is accurate, complete, lawful or suitable for any purpose;
• we are not responsible for the conduct of any user or advertiser, whether online or offline, or for any arrangement entered into between any persons as a result of the Platform;
• you are solely responsible for your interactions with advertisers and other users, and for assessing the suitability, legality and safety of any arrangement.

We do not provide, and do not purport to provide, any advice of a legal, medical, financial or safety nature.

15. Limitation of liability

To the maximum extent permitted by New Zealand law, we exclude all liability to you for any loss or damage arising out of or in connection with your use of the Platform, including indirect, incidental, special, consequential or punitive damages, and loss of profits, revenue, data, goodwill, opportunity or reputation.

To the extent that our liability cannot lawfully be excluded but can be limited, our total aggregate liability to you is limited to the greater of: (a) the total amount you paid to us in the 12 months immediately before the event giving rise to the claim; or (b) NZ$100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited by law, including liability under the Consumer Guarantees Act 1993 where that Act applies, or any liability for fraud.

16. Indemnity

You agree to indemnify and hold us harmless against any loss, liability, claim, demand, damage, cost or expense (including reasonable legal costs) that we incur as a result of or in connection with:

• your breach of these Terms or of any law;
• any content you submit to the Platform, including any claim that it infringes the rights of a third party;
• your dealings with any advertiser or user; or
• any false or misleading representation you make to us.

This indemnity does not apply to the extent that the loss or liability was caused or contributed to by our own negligence, wilful misconduct or breach of these Terms.

17. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Platform you acknowledge that your personal information will be handled as described in that Policy.

18. Reporting illegal or harmful content

If you become aware of content on the Platform that involves a minor, involves coercion or trafficking, is otherwise unlawful, or that you believe is harmful, please report it to us immediately at [email protected]. Please include the URL of the content and as much detail as you can.

Where we become aware of content that appears to involve the sexual exploitation of a minor or other serious criminal offending, we will remove it and report it to the New Zealand Police or another appropriate authority.

19. Law enforcement and legal requests

We cooperate with law enforcement and regulators as required by New Zealand law. We may disclose information in response to a valid legal request, court order, or where disclosure is necessary to prevent or investigate serious offending or to protect a person from serious harm, as described in our Privacy Policy.

20. Changes to these Terms

We may amend these Terms at any time. The current version is always published on this page with its effective date. Where we make a material change, we will take reasonable steps to bring it to your attention. Your continued use of the Platform after the amended Terms take effect constitutes acceptance of them. If you do not accept the amended Terms, you must stop using the Platform.

21. Governing law and jurisdiction

These Terms are governed by the laws of New Zealand. You and we submit to the non-exclusive jurisdiction of the New Zealand courts in respect of any dispute arising out of or in connection with these Terms or the Platform.

Nothing in this section prevents either party from seeking urgent interlocutory relief in any court of competent jurisdiction.

22. General

Entire agreement: these Terms, together with our Privacy Policy and any additional terms published on the Platform, constitute the entire agreement between you and us regarding the Platform.

Severability: if any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.

No waiver: our failure or delay in enforcing any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

Assignment: we may assign or transfer our rights and obligations under these Terms. You may not assign your rights without our written consent.

Electronic acceptance: you agree that your acceptance of these Terms may be given electronically, including by clicking to accept, registering an account, or continuing to use the Platform. This is intended to satisfy the requirements for electronic transactions under the Contract and Commercial Law Act 2017.

23. Contact

Questions about these Terms, reports of misuse, and legal notices should be sent to:

XDATE
Support: [email protected]
Privacy and legal: [email protected]
Website: https://xdate.co.nz/

These Terms are provided to set out the basis on which the Platform is made available. They do not limit any rights you have under New Zealand law that cannot lawfully be excluded.