1. Acceptance of Terms
By accessing or using Muse Escorts ("Company", "we", "us", "our") website and services (the "Platform"), you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms").
If you do not agree to these Terms, you must not use the Platform. Your continued use of the Platform constitutes acceptance of any modifications to these Terms.
2. Platform Nature, Scope, and Liability
This section defines the fundamental nature of the Platform and is central to your agreement with us. Please read it carefully.
2.1 Advertising Directory Only
Muse Escorts operates exclusively as an advertising directory, a digital equivalent of a classified advertising publication. Independent service providers create and publish their own advertisements. Adult members of the public browse those advertisements. Any contact between the parties is initiated directly between them, outside the Platform, through their own chosen communication channels. The Platform is a passive intermediary that hosts advertisements. We:
- DO NOT provide any services directly
- DO NOT employ, manage, direct, or supervise any service providers
- DO NOT arrange, facilitate, broker, mediate, or procure any meetings, bookings, or transactions between any users
- DO NOT direct, assign, recommend, or refer clients to specific service providers
- DO NOT guarantee, warrant, or represent the quality, safety, legality, or suitability of any services advertised
- DO NOT control, influence, or have any say over the pricing, availability, schedules, methods, locations, or terms of any services
- DO NOT receive commissions, percentages, or any share of payments for services rendered between users
- DO NOT have knowledge of whether any contact, meeting, transaction, or arrangement actually takes place between users
2.2 Platform Advertising
We may advertise and promote the Muse Escorts directory itself through SEO, digital marketing, social media, and other channels. This advertising promotes the platform as a whole. It does not constitute arranging, sourcing, or procuring clients for any individual service provider. Service providers list their own advertisements; we make the directory visible to the public. No platform marketing activity creates any obligation on our part toward any individual service provider or visitor, nor does it constitute any representation about the services advertised by providers on the Platform.
2.3 Independent Contractors (No Relationship)
All service providers on our platform are independent persons operating their own businesses. They are not employees, agents, contractors, partners, joint venturers, or representatives of Muse Escorts in any capacity. No relationship of agency, employment, partnership, joint venture, franchise, or fiduciary duty exists or is created between Muse Escorts and any user of the Platform. Service providers:
- Create and manage their own listings and advertisements
- Set their own terms, conditions, and pricing without any input from us
- Are solely responsible for their own legal, tax, and regulatory compliance
- Handle all bookings, arrangements, and client communications directly and independently
- Maintain their own business operations entirely independently of this Platform
- Are free to advertise on any other platform or medium simultaneously
No provision of these Terms, and no aspect of the relationship between users and Muse Escorts, shall be construed as creating any relationship other than that of an independent advertiser and an advertising directory publisher. The Company has no authority to act on behalf of any user, and no user has authority to act on behalf of or bind the Company.
2.4 Not an Operator under the Prostitution Reform Act 2003
Muse Escorts is not an "operator of a business of prostitution" as that term is defined in Section 4 of the Prostitution Reform Act 2003. We do not employ sex workers. We do not manage or control the provision of commercial sexual services by any person. We do not arrange the provision of commercial sexual services. We provide an advertising directory where service providers publish their own advertisements. All contact, arrangements, terms, and transactions are determined and conducted directly between the parties without our involvement, direction, or knowledge. Platform advertising fees are paid for directory advertising space only and do not constitute any form of commission, revenue share, or payment derived from the provision of commercial sexual services.
2.5 Dashboard Tools (Personal Record-Keeping Only)
The Platform provides optional self-service tools for service providers, including a calendar, notes field, and availability indicator. These tools serve one purpose only: to allow service providers to maintain their own personal business records within a convenient interface. To be clear:
- The calendar/booking log is a personal journal and diary tool. It allows service providers to record appointments they have arranged independently through their own channels (phone, text, email). It does not process, create, confirm, manage, or facilitate any bookings. No booking is made "through" the Platform. The Platform has no access to, and does not transmit, any booking or appointment information to any third party.
- The notes feature is a private notepad for the service provider's own use. Notes are not shared with any other user or party.
- The availability indicator is set and controlled entirely by the service provider. It is a self-reported status indicator, not a booking availability system. The Platform does not verify, guarantee, or represent that any provider is actually available at any time.
None of these tools create, evidence, or imply any involvement by the Platform in any arrangement between users. They are equivalent to a service provider using their own paper diary, notebook, or calendar application.
2.6 Content Review and Photo Verification (No Endorsement)
The Platform reviews submitted content and photographs before publication. This review is conducted solely for the following limited purposes:
- To check that content complies with New Zealand law (including the Prostitution Reform Act 2003, the Films, Videos, and Publications Classification Act 1993, and the Harmful Digital Communications Act 2015)
- To check that content complies with the Platform's content guidelines and prohibited content rules
- To confirm, through photo verification, that the person submitting the listing is the same person depicted in the listing photographs
This review does not constitute, and must not be interpreted as:
- An endorsement, recommendation, or approval of any service provider or the services they offer
- A representation or warranty as to the accuracy, truthfulness, or completeness of any listing content, including but not limited to descriptions, photographs, rates, measurements, or any other claims made by the provider
- A guarantee as to the identity, character, reliability, safety, health status, immigration status, or legal compliance of any service provider
- A guarantee that the person depicted will match their photographs at any point after verification
- Any form of quality assurance, safety certification, or suitability assessment
Content review is a basic legal compliance screening only. It does not create any duty of care, guarantee, or liability on the part of the Platform toward any user relying on the content of any listing. All listing content is user-generated. Service providers are solely responsible for the accuracy and lawfulness of their own content.
2.7 Off-Platform Conduct
The Platform has no involvement in, knowledge of, control over, or responsibility for any conduct, communication, meeting, arrangement, transaction, interaction, dispute, or event that occurs outside the Platform. This includes but is not limited to:
- Any contact initiated between users via phone, text message, email, social media, or any other channel
- Any meeting, arrangement, or transaction between users, regardless of whether one or both parties found the other through this Platform
- The conduct, behaviour, or actions of any user in any context
- Any financial transaction between users
- Any dispute between users arising from any interaction
- Any injury, loss, damage, or harm of any nature arising from any interaction between users
Users acknowledge and agree that the Platform's role ends at the publication of advertisements. Everything that happens after a user views an advertisement is entirely outside the Platform's knowledge, control, and responsibility.
3. User Eligibility
3.1 Age Requirements
- You must be at least 18 years old to use this Platform
- You must provide truthful information when creating an account
- False information will result in immediate account termination
3.2 Legal Capacity
You must have the legal capacity to enter into binding agreements in your jurisdiction.
3.3 Immigration & Work Rights (Service Providers)
By listing on Muse Escorts, service providers represent and warrant that they hold valid legal rights to provide commercial sexual services in New Zealand. Under Section 19 of the Prostitution Reform Act 2003, it is illegal for holders of temporary visas (including student visas, working holiday visas, and visitor visas) to provide commercial sexual services in New Zealand.
Service providers must be one of the following:
- A New Zealand citizen
- A New Zealand permanent resident
- A holder of a residence class visa that permits work in New Zealand
By creating a listing, you confirm that you meet the above requirements. If you do not hold valid work rights for sex work in New Zealand, you are prohibited from advertising on this platform.
Muse Escorts does not verify immigration status. However, misrepresentation of your immigration status constitutes a breach of these Terms and will result in:
- Immediate and permanent removal of your listing
- Permanent ban from the platform
- Reporting to Immigration New Zealand and/or NZ Police where required by law
3.4 Geographic Restrictions
Our Platform is intended for use in New Zealand. Users from other jurisdictions use the Platform at their own risk and must comply with their local laws.
4. User Accounts and Responsibilities
4.1 Account Creation
- You must provide accurate and complete information
- You are responsible for maintaining account security
- You must notify us immediately of any unauthorized access
- One account per person - duplicate accounts are prohibited
4.2 Account Types
Clients: Browse and contact service providers
Service Providers: Create advertisements and profiles
Agencies: Manage multiple service provider accounts
4.3 Agency Accounts (Additional Requirements)
If you register as an agency, you are creating and managing profiles on behalf of other individuals. By doing so, you represent and warrant that:
- You have obtained explicit, informed consent from each individual before creating a profile on their behalf
- Each individual has consented to the publication of their name, photographs, description, and service details on this Platform
- Each individual listed is at least 18 years of age
- Each individual holds a legal right to work in New Zealand in accordance with Section 19 of the Prostitution Reform Act 2003
- No individual is listed under coercion, threat, deception, or without their knowledge
- You will keep all profiles accurate and up to date
- You will promptly remove any profile when the individual withdraws their consent
The Platform requires agencies to confirm consent for each individual profile at the time of creation and again each time a profile is published. These declarations are logged with timestamps.
Muse Escorts provides advertising directory services only. We do not verify, monitor, or guarantee the accuracy of any agency's consent declarations. The agency bears sole and full responsibility for obtaining and maintaining consent, ensuring legal compliance, and for all actions taken using their agency account. The Platform accepts no responsibility or liability for any act, omission, or conduct of any agency or any individual listed by an agency.
Breach of any of these requirements will result in immediate suspension of your agency account, removal of all associated profiles, and reporting to the relevant authorities where required by law.
4.4 Account Suspension/Termination
We may suspend or terminate accounts for:
- Violation of these Terms
- Illegal activity or content
- False information or impersonation
- Harassment or abusive behavior
5. Prohibited Uses and Content
5.1 Prohibited Activities
Strictly Prohibited:
- Non-consensual activities or content
- Illegal services or activities under New Zealand law
- Human trafficking or exploitation
- Drug-related content or services
- Money laundering or fraudulent activities
5.2 Platform Misuse
- Reverse engineering or data scraping
- Spam, harassment, or unsolicited communications
- False or misleading advertisements
- Impersonation of others
- Circumventing security measures
5.3 Content Standards
All content must:
- Comply with New Zealand laws
- Be truthful and not misleading
- Respect intellectual property rights
- Not contain malicious code or links
5.4 Safer Sex Practices
In accordance with Section 9 of the Prostitution Reform Act 2003 and public health obligations, it is strictly prohibited to:
- Advertise, offer, or imply the availability of sexual services without the use of a condom or appropriate barrier protection
- Use terms such as "natural," "bareback," "BBFS," "bare," "no cover," "CIM," or any other terminology that implies unprotected sexual services
- Describe or promote unsafe sexual practices in any listing, profile, or communication on this platform
Listings found to contain such content will be immediately removed. Repeat offenders will be permanently banned.
6. Legal Compliance
6.1 New Zealand Law Compliance
Users must comply with all applicable New Zealand laws, including but not limited to:
- Prostitution Reform Act 2003 - governing sex work
- Crimes Act 1961 - criminal law
- Privacy Act 2020 - privacy and data protection
- Fair Trading Act 1986 - consumer protection
- Films, Videos, and Publications Classification Act 1993 - content classification
6.2 User Responsibility
Users are solely responsible for ensuring their activities comply with all applicable New Zealand laws and regulations.
6.3 Reporting Obligations
We cooperate with law enforcement and may report suspected illegal activity. Users should report concerning content or behavior immediately.
7. Platform Fees and Payments
7.1 Platform Fees
Use of the Platform is currently provided without charge. We may, in the future, introduce flat listing or advertising fees for service providers and agencies. When fees are introduced:
- Fees will be charged for advertising space on the directory only, not for arranging, facilitating, or brokering any services
- Fees, billing cycles, and any free trial period will be disclosed clearly before any commitment, in separate Subscription Terms which will govern the billing relationship
- We do not, and will not, take commissions, percentages, or any share of payments for services arranged between users and providers
- All service payments between users are handled directly between the parties without our involvement
7.2 Refund Policy
If and when paid platform services are introduced, the refund position for those services will be set out in the Subscription Terms applicable at that time. Your statutory rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 are not affected by any refund policy we publish, and apply regardless of any refund terms we set.
7.3 Third-Party Payments
When payment processing is enabled, it will be handled by a third-party payment provider whose terms will apply to the payment portion of any transaction. The identity of that provider will be disclosed in our Privacy Policy and Subscription Terms at that time. Muse Escorts does not currently store payment card details.
7.4 GST
Muse Escorts is not currently registered for Goods and Services Tax (GST) in New Zealand. We will register for GST when our turnover meets the registration threshold under the Goods and Services Tax Act 1985, or before we begin charging fees, whichever is earlier. When fees are introduced, prices will be displayed inclusive of GST where GST applies, and tax invoices that comply with sections 24 and 24B of the Goods and Services Tax Act 1985 will be provided.
8. Privacy and Data Protection
Your privacy is governed by our Privacy Policy, which is incorporated into these Terms by reference.
8.1 Data Use
- We collect only necessary information for platform operation
- Your data is protected according to New Zealand Privacy Act 2020
- We do not sell personal information to third parties
- You control the visibility of your profile information
8.2 Discretion
We understand the sensitive nature of our platform and implement strong privacy measures to protect user discretion.
9. Comprehensive Disclaimers
9.1 Preservation of Statutory Rights
Nothing in these Terms excludes or limits any rights or remedies that you have under any enactment where it would be unlawful to do so. In particular, nothing in these Terms excludes or limits your rights under the Consumer Guarantees Act 1993, the Privacy Act 2020, or any other New Zealand statute that prohibits the exclusion or limitation of liability. To the extent that any disclaimer in this section conflicts with any non-excludable statutory right, the statutory right prevails to the extent of the inconsistency.
9.2 Platform Provided "As Is"
Subject to section 9.1 above, the Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by New Zealand law, we disclaim all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant or represent that:
- The Platform will be available at all times, uninterrupted, secure, or error-free
- The results obtained from the Platform will be accurate, reliable, or complete
- Any defects in the Platform will be corrected within any particular timeframe
- The Platform will meet your specific requirements or expectations
9.3 User-Generated Content
All listing content on the Platform (including profile descriptions, photographs, rates, availability information, service descriptions, measurements, and any other claims) is created, submitted, and controlled by the service provider who publishes it. User-generated content is not authored, verified for accuracy, endorsed, or guaranteed by Muse Escorts. While we review content for legal compliance and conduct photo verification (see section 2.6), this review is limited in scope and does not extend to verifying the accuracy, truthfulness, or completeness of any claim made in any listing. You acknowledge and agree that:
- You rely on any listing content at your own risk
- We bear no liability for any inaccuracy, misrepresentation, or omission in any listing
- Descriptions, photographs, and other listing content may not accurately reflect reality
- Rates and availability shown are self-reported by providers and may be outdated or incorrect
9.4 Accuracy of Listings
We make no representation or warranty as to the accuracy, completeness, currency, or reliability of any information contained in any listing on the Platform. Service providers are solely responsible for the content of their listings. We do not independently verify any claims made in listings, including but not limited to: physical descriptions, photographs, stated rates, stated availability, claimed qualifications or experience, stated location, or any other information. Users must exercise their own independent judgment and due diligence before relying on any listing information.
9.5 Service Quality
Muse Escorts does not provide, deliver, perform, or have any involvement in any services advertised on the Platform. We make no representation, warranty, or guarantee of any kind regarding the quality, safety, suitability, timeliness, professionalism, or legality of any services that any user may arrange with any service provider, whether or not that service provider was found through this Platform. All services are provided by independent third parties entirely outside our knowledge and control.
9.6 Personal Safety
Users interact with other users and third parties entirely at their own risk. Muse Escorts does not conduct background checks, criminal history checks, health screenings, or safety assessments of any user. We do not guarantee or represent that any user is safe, trustworthy, honest, or who they claim to be. We do not monitor, chaperone, or supervise any interaction between users. Users are solely responsible for taking appropriate precautions to protect their own personal safety, health, and property in any interaction with any other person, whether or not that person was found through this Platform. We strongly encourage all users to exercise caution, inform a trusted person of their whereabouts, and follow safe meeting practices.
9.7 Immigration Status and Work Rights
Muse Escorts does not verify, confirm, guarantee, or represent the immigration status, visa status, residency status, or work rights of any service provider or any user on this Platform. We require service providers to self-declare their eligibility to provide commercial sexual services in New Zealand in accordance with the Prostitution Reform Act 2003 (see section 3.3). However, this self-declaration is made by the provider alone, and we have no means of independently verifying its truthfulness. We bear no liability for any service provider who misrepresents their immigration status or work rights. Users who suspect a provider may not hold valid work rights should report this via our Report function or contact Immigration New Zealand directly.
9.8 Tax Obligations
Each service provider on the Platform is an independent person operating their own business. They are solely responsible for their own tax obligations, including but not limited to: registration with Inland Revenue, income tax returns, Goods and Services Tax (GST) obligations (if applicable), ACC levies, and any other tax or levy required by New Zealand law. Muse Escorts does not provide tax advice, does not monitor or verify the tax compliance of any service provider, and bears no liability for any service provider's failure to comply with their tax obligations. Platform advertising fees are separate from, and have no connection to, any tax obligations arising from services provided between users.
9.9 Third-Party Interactions and Disputes
All arrangements, agreements, communications, transactions, and interactions between users are conducted directly between those users, without any involvement by the Platform. We are not a party to any agreement or arrangement between users. We bear no responsibility, liability, or obligation of any kind in respect of:
- Any dispute, disagreement, or claim between users
- Any financial loss, non-payment, or payment dispute between users
- Any personal injury, illness, emotional distress, or property damage arising from any interaction between users
- Any breach of agreement between users
- Any criminal act committed by any user
- Any misrepresentation by any user to any other user
Users agree to resolve all disputes with other users directly between themselves, and release Muse Escorts from all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute with any other user.
9.10 User Responsibility
Each user is solely and exclusively responsible for: (a) their own conduct on and off the Platform; (b) the accuracy and lawfulness of any content they submit; (c) their own legal compliance, including compliance with the Prostitution Reform Act 2003, the Fair Trading Act 1986, the Crimes Act 1961, the Privacy Act 2020, and all other applicable laws; (d) their own personal safety and the safety of others in any interaction; and (e) their own tax, immigration, and business compliance obligations.
10. Limitation of Liability
Important Legal Notice:
This section limits our liability to the maximum extent permitted by New Zealand law. It is subject to, and does not override, section 9.1 (Preservation of Statutory Rights).
10.1 Exclusion of Liability for Off-Platform Matters
As an advertising directory only, Muse Escorts has no involvement in, and accepts no liability whatsoever for, any services, interactions, arrangements, transactions, communications, disputes, or events between users or between users and any third party. This exclusion applies regardless of whether one or both parties to the interaction found the other through this Platform. Without limiting the generality of the foregoing, we exclude all liability for:
- Any services provided or received by any user
- Any personal injury, illness, emotional distress, or death arising from any interaction between users
- Any financial loss, theft, fraud, or non-payment between users
- Any property damage or loss arising from any interaction between users
- Any dispute or legal claim between users
- Any criminal act committed by any user
10.2 Exclusion of Consequential Loss
To the maximum extent permitted by New Zealand law, Muse Escorts shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, or loss of opportunity, regardless of the cause of action or the theory of liability (whether in contract, tort including negligence, statute, or otherwise), and even if we have been advised of the possibility of such damages.
10.3 Aggregate Liability Cap
Subject to section 9.1 (Preservation of Statutory Rights), our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Platform, regardless of the form of action, shall not exceed the greater of: (a) the total amount of advertising fees you have actually paid to Muse Escorts in the 12 months immediately preceding the event giving rise to the claim; or (b) $100.00. This cap applies to all claims in aggregate, not per claim.
10.4 Platform Technical Liability Only
To the extent that we have any liability (subject to sections 9.1 and 10.3), our liability is limited to direct losses arising from the technical operation of the Platform itself. For example, a technical defect in the Platform that causes the loss of listing content you have submitted. We have no liability for matters arising from user-generated content, interactions between users, off-platform conduct, or any services advertised on the Platform.
10.5 Privacy Act 2020 Obligations
Nothing in this section limits our obligations under the Privacy Act 2020, including but not limited to our obligations regarding data security, breach notification, and the handling of personal information. Our privacy obligations are set out in our Privacy Policy.
11. User Indemnification
You agree to indemnify and hold harmless Muse Escorts from any claims, damages, or expenses arising from:
- Your breach of these Terms of Service
- Content you upload or publish on the Platform
- Your violation of any New Zealand law or regulation
- Any fraudulent, misleading, or unlawful conduct by you
12. Governing Law and Disputes
12.1 Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be resolved in New Zealand courts.
12.2 Dispute Resolution
- Contact our support team first for informal resolution
- Mediation through approved New Zealand mediation services
- Binding arbitration if mediation fails
- Court proceedings as a last resort
Nothing in this clause prevents you from bringing proceedings in the Disputes Tribunal where applicable, or exercising your rights under the Consumer Guarantees Act 1993.
13. Statutory Compliance Notices
The following notices are provided for the avoidance of doubt and to ensure transparency regarding the Platform's position under key New Zealand statutes.
13.1 Prostitution Reform Act 2003
The Prostitution Reform Act 2003 ("PRA") regulates commercial sexual services in New Zealand. Under the PRA, an "operator" of a business of prostitution means a person who employs or engages sex workers, or who manages or controls the provision of commercial sexual services. Muse Escorts is not an operator under the PRA. We do not employ or engage any sex worker. We do not manage or control the provision of any commercial sexual services. We provide an advertising directory only. The obligations imposed on "operators" under the PRA (including those under sections 8, 9, and 10) do not apply to us because we do not meet the statutory definition of an operator. Service providers who advertise on this Platform are solely responsible for their own compliance with the PRA, including but not limited to: the adoption of safer sex practices (section 9), the provision of health information (section 10), the requirement to hold appropriate certificates (if applicable), and compliance with section 19 (immigration restrictions).
13.2 Fair Trading Act 1986
The Fair Trading Act 1986 ("FTA") prohibits misleading and deceptive conduct in trade. Muse Escorts does not author, endorse, or verify the accuracy of any user-generated listing content. All listing content is created and submitted by the individual service provider. To the extent that any listing contains misleading or deceptive content, the service provider who created that listing is solely responsible under the FTA. The Platform does not make any representation to any user regarding the accuracy, truthfulness, quality, or reliability of any listing content. Users acknowledge that they should not rely on listing content as a representation by the Platform. Nothing in these Terms constitutes a representation by Muse Escorts about any service provider or the services they may offer.
13.3 Privacy Act 2020
The Privacy Act 2020 governs the collection, use, and disclosure of personal information in New Zealand. Muse Escorts complies with the Information Privacy Principles set out in the Privacy Act 2020. Our collection, use, disclosure, and storage of personal information is described in our Privacy Policy. Users' rights under the Privacy Act (including the right to access and correct their personal information and the right to complain to the Privacy Commissioner) are not limited or affected by these Terms. Service providers who collect personal information from other users through off-platform interactions are independently responsible for their own compliance with the Privacy Act 2020 in respect of that information.
13.4 Harmful Digital Communications Act 2015
The Harmful Digital Communications Act 2015 ("HDCA") provides civil and criminal remedies for harmful digital communications. Muse Escorts is committed to the safe and responsible operation of the Platform. We have designated a contact person for the purposes of the HDCA and will respond to complaints about harmful digital communications in accordance with the Act's safe harbour provisions. If you believe that any content on the Platform constitutes a harmful digital communication, please report it via our Report function or by contacting us at support@museescorts.co.nz. We will act on valid complaints expeditiously and in accordance with the notice and takedown process contemplated by the HDCA. Users who post content on the Platform are solely responsible for ensuring that their content does not constitute a harmful digital communication under the HDCA.
13.5 Consumer Guarantees Act 1993
The Consumer Guarantees Act 1993 ("CGA") provides guarantees for consumers who acquire goods and services in trade. To the extent that our advertising platform services are supplied to you as a "consumer" within the meaning of the CGA, the guarantees under the CGA apply and nothing in these Terms limits those guarantees. The CGA does not apply to services supplied between users. Services arranged between a service provider and a client through their own off-platform communication are entirely between those parties, and the Platform is not a supplier of those services for the purposes of the CGA.
14. Severability and General Provisions
14.1 Severability
If any provision of these Terms is found by a court or tribunal of competent jurisdiction to be invalid, unlawful, void, or unenforceable, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect. If a provision is found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted or modified, the provision shall apply with the minimum modification necessary to make it valid and enforceable while preserving its original intent to the maximum extent possible.
14.2 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, and Content Guidelines, constitute the entire agreement between you and Muse Escorts regarding your use of the Platform, and supersede all prior agreements, communications, and understandings (whether written or oral) relating to the subject matter of these Terms.
14.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Muse Escorts.
14.4 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.
14.5 Third-Party Rights
These Terms do not confer any rights on any person other than the parties to these Terms. No third party has any right to enforce any provision of these Terms under the Contract and Commercial Law Act 2017 or otherwise.
14.6 Survival
The following sections shall survive the termination or expiry of these Terms or your use of the Platform: Section 2 (Platform Nature, Scope, and Liability), Section 9 (Comprehensive Disclaimers), Section 10 (Limitation of Liability), Section 11 (User Indemnification), Section 12 (Governing Law and Disputes), Section 13 (Statutory Compliance Notices), this Section 14, and Section 16 (Bait and Switch Reporting and Removal).
15. Changes to These Terms
We may update these Terms to reflect legal changes or platform improvements. We will:
- Post updated Terms on the Platform
- Update the "Last Modified" date
- Notify users of significant changes
- Provide 30 days notice for material changes
Continued use after changes constitutes acceptance of the updated Terms.
If you do not agree to material changes, you may terminate your account. Where you have prepaid for services, we will provide a pro-rata refund of any unused prepaid fees.
16. Bait and Switch Reporting and Removal
"Bait and switch" describes a listing where the person who attends a confirmed in-person meeting is materially different from the person advertised. This conduct is a misleading representation in trade contrary to sections 9 to 13 of the Fair Trading Act 1986, and undermines the consumer protection purpose recognised in section 3 of the Prostitution Reform Act 2003. We treat verified bait and switch as a serious breach of these Terms.
16.1 What Constitutes Bait and Switch
A listing on the Platform is treated as bait and switch where any of the following occurs at a confirmed in-person meeting that was arranged using the contact details published on the listing:
- a different person attends than the person depicted in the listing photographs;
- the person who attends differs materially from the listing description in age, ethnicity, body shape, or any other physical feature that a reasonable person would rely on when choosing the listing; or
- the listing photographs have been altered, generated, or substituted in a way that no longer represents the person who attends.
Honest variation between a recent photograph and live appearance (lighting, hair styling, weight fluctuation, tan, or makeup) is not bait and switch.
16.2 Who Can Submit a Report
Reports may be submitted at /bns-report by:
- a member of the public who personally attended the meeting;
- a verified Muse user; or
- a Muse moderator acting on credible information surfaced through public New Zealand forums and websites that discuss the local industry.
Reports may be submitted anonymously and do not require an account. Supplying an email address is optional and is used only to communicate the outcome of the review back to the reporter.
16.3 Evidence Required
For a report to be opened for review, at least one of the following must accompany it:
- a screenshot of the message thread that arranged the meeting, showing the contact identifier (phone number or other handle) published on the Muse listing;
- a screenshot of a call log to or from the contact number published on the Muse listing; or
- a link to a public New Zealand forum or website thread discussing the same incident.
Muse may request further evidence before reaching a decision. Phone-only bookings, where no message thread exists, are reviewed case by case based on the call log and the description supplied.
16.4 External Monitoring
Muse monitors public-facing New Zealand forums and websites that discuss the local adult-services industry. Where multiple credible posts on those forums describe the same bait and switch incident in respect of a Muse listing, Muse may open an internal report on that listing. Reports opened from external monitoring follow the same verification process as user-submitted reports. We do not name the specific forums monitored, in order to keep the monitoring set flexible over time.
16.5 Right of Reply
When a report is opened against a listing, the affected escort or agency is notified through a dashboard banner on their account. Each subject is given a reasonable opportunity to respond, supply counter-evidence, and request that the report be reviewed before a final decision is made. This right of reply gives effect to the response and takedown principles of the Harmful Digital Communications Act 2015.
16.6 Verification Standard
Throughout review, Muse treats every report as alleged until Muse has assessed the evidence and either upheld or dismissed it. The threshold for upholding a report is the balance of probabilities, applied to the evidence supplied by the reporter, the response (if any) from the subject, and any corroborating material. This approach is consistent with the defences of truth (section 8), honest opinion (sections 9 to 12), and qualified privilege (section 16) of the Defamation Act 1992.
16.7 Outcomes
Where a report is upheld, Muse may, at its sole discretion, take one or more of the following actions:
- require the listing to be corrected within a specified period;
- suspend the listing pending correction;
- permanently remove the listing from the Platform; and
- decline future listings under the same identity, contact details, photographs, or payment instrument.
These outcomes apply regardless of whether the listing is under an active paid subscription, founder-tier credit, free-trial period, or any other commercial arrangement. No refund, pro-rata, full, or otherwise, is payable in respect of a listing that is suspended or removed under this section. Platform fees are paid for advertising space, conditional on the advertising being lawful and accurate.
16.8 Reporter Anonymity and Privacy Act 2020
The identity of a reporter is treated as confidential and is not disclosed to the subject of the report. Personal information collected through the reporting flow is collected for the lawful purpose of investigating bait and switch on the Platform, and is handled in accordance with the Privacy Act 2020 and our Privacy Policy. Subjects of a report may exercise their information access and correction rights under information privacy principles 6 and 7 of the Privacy Act 2020 by emailing support@museescorts.co.nz.
16.9 Record Retention After Profile Deletion
Records relating to bait and switch reports, including the report itself, the supplied evidence, the listing snapshot at the time of the report, and the moderation decision, are retained for the safety and consumer-protection purposes set out in this section, even where the subject of the report later deletes their Muse account or where the original listing is removed. This retention is necessary to prevent the same operator re-listing under a different identity, and to allow Muse to honour information requests from the affected reporter.
16.10 No Vigilantism, No Republication
A report submitted to Muse is internal intelligence used to assess listings. Reporters and other users must not republish report contents, screenshots of the report flow, or moderation correspondence on social media, in public forum posts, or to any third party in a way that identifies the subject. Doing so may breach the Harmful Digital Communications Act 2015, the Privacy Act 2020, or the Defamation Act 1992, and Muse may remove a reporter's listings or access for breach of this clause.
16.11 Appeal Pathway
A subject who disagrees with the final decision may appeal in writing to support@museescorts.co.nz within 14 days of being notified of the decision. The appeal is reviewed by a Muse representative not involved in the original decision. The original decision stands unless the appeal demonstrates a material factual error, new evidence not previously available, or a procedural failure.
16.12 Other Complaint Pathways
Nothing in this section limits a person from also seeking remedies through the Commerce Commission under the Fair Trading Act 1986, Netsafe under the Harmful Digital Communications Act 2015, the Office of the Privacy Commissioner under the Privacy Act 2020, or the New Zealand Police where a criminal offence is suspected.
17. Contact Information
For questions about these Terms of Service:
Contact
Email: support@museescorts.co.nz