Last Updated April 2020
Users of the Site comprise Service Providing Users and Recipient Users, as defined below (together "Users").
Service Providing Users create Ads or Profiles content displayed on the Site. They can upload them on the Site in accordance with the Paid Services terms below. Recipient Users can easily access to content placed by Service Providing Users and are allowed to contact them via the contact information uploaded by such Service Providing Users.
Users should note that this Site is aimed strictly at adults (over 18) and by using the Site you warrant that you are over 18. Besides this, Service Providing Users agree that they don’t offer any services through the Site which breaches local laws in their jurisdictions. Check out more details about this below. Please note that Softell Ltd (“we” or “us”) is the owner of Oklute and the Site acts as a platform provider only. We do not exercise any editorial control or pre-vet advertisements or User profiles created on the site, although we will take down advertisements or profiles which:
We are acting in compliance with EU Directive 2000/31 as enforced by S.I. No. 68/2003, and the Child Trafficking and Pornography Act 1998 and shall remove any illegal content in an efficient manner and report it to the competent authorities.
When you tick the “Accept” button when making a post on the Site, it means that you have agreed to authorise us to process your photograph for the purpose of publishing an advertisement on the Website. Besides, you authorise us to process special categories of your personal data (information that may relate to your lifestyle and sexual behaviour) for the purpose of publishing an advertisement on the Website.
As stated above, Recipient Users should be aware that we do not exercise advance control over the content of the online ads placed by Service Providing Users. The Site is not an intermediary or agent of any Users and is not in any respect responsible for any risks, claims or liabilities arising out of any subsequent supply of services or other connection between any Service Providing User(s) and any Recipient User(s).
By using the Service, Users assume the full and exclusive responsibility for their behaviour towards the Site and towards third parties including but not limited to other Users.
We are not responsible for and do not guarantee the authenticity of the contents of any advertisements placed by Service Providing Users, or the successful outcome of any negotiations between any Service Providing User(s) and any Recipient User(s).
The Site and its affiliates, and managers, employees, officers or directors do not accept any liability for:
even if it has been advised of the possibility of such losses.
The Site's and its affiliates', and its or their affiliates, managers, employees, officers or directors' liability to Users for any other losses and damages, whether arising in contract, tort, breach of statutory duty or under any legal theory whatsoever arising out of or in connection with the Site and the Services shall, (without prejudice to the Refunds Policy set out below) in the case of Paid For Services, be capped at an amount equivalent to the higher of the sums paid by any User in the twelve months immediately prior to the event giving rise to the claim or [€500] and in the case of any other Services, [€150].
Users must note that each of the provisions and sub-provisions mentioned on this page are separate and independent provisions and if any provision or sub-provision is found null and void or unenforceable, it shall not affect the enforceability of the other provisions which will remain in full force and effect.
Each Service Providing User on publishing an advertisement or creating a profile on the Site authorizes us to promote their ads for greater visibility and to operate the Service so as to facilitate maximum effectiveness in relevant geographical markets. By creating an online profile or placing an advertisement on the Site, Service Providing Users confirm they are of legal age in the relevant jurisdiction, that they are the person identified in that profile and that they have not been coerced in any way to offer services.
Service Providing Users should be aware that we take payment for services via our appointed payment provider whose terms and conditions govern transactions between Service Providing Users and who acts as an independent service provider in this regard. We are not responsible for the acts, omissions or defaults of the payment provider. In case there is a breach of these terms, we reserve the right to take down the advertisement without refund to delete any applicable profile and to ban Users from creating any future profiles or placing any future advertisements.
Users must undertake not to use the service provided by the Site either improperly or contrary to the provisions of applicable law, regulation, rules of ethics and good conduct of the network services. Users undertake not to transmit through the Site any material of offensive and libellous nature, discriminatory, harassing, defamatory, pornographic, paedophile, vulgar, blasphemous or which is in some way contrary to the principles of public order and good morals.
Service Providing Users must comply with all applicable laws with respect to the content of their advertisement. Users must ensure not to advertise any services which would be unlawful to perform within their jurisdiction, they must not include within their advertisements any material which would attract a restriction from the Irish Film Classification Office (IFCO) were it to be included in a film or video, and they must not include any material which would contravene the provisions relating to "extreme pornography".
Service Providing Users warrant that they are the data subjects of or that they have the explicit and informed consent of all persons whose personal data is included in any advertisement placed by them and that they will not use any material in their advertisements which contravenes the copyright or other intellectual property rights of any third person without having the permission of that third person.
When you place an advertisement purporting to be from someone or include the data of someone who has not consented to those advertisements being placed is a serious breach of these terms and conditions and may lead to accounts being closed and Service Providing Users banned from the Site.
Service Providing Users should be aware that by including an email address in advertisements hosted by the Site, we have no control over any materials which may be sent directly to that email address, whether by other Users or otherwise, and whether in answer to that advertisement.
On uploaded images, our logo will be added as a watermark with the phrase “posted on”.
Service Providing Users may not act in breach of The Criminal Law (Human Trafficking) Act 2008, Criminal Law (Human Trafficking) (Amendment) Act 2013, and Criminal Law (Sexual Offences) Act 2017, any breaches by Service Providing Users that we discover shall be reported to the competent authorities and such a User shall be banned from the Site.
Service Providing Users may not upload, post, display, or publish material that constitutes hate speech, is discriminatory, threatening or harassing, or which encourages or promotes violence or which would constitute criminal offences under legislation relating to child sexual exploitation, terrorism or racism or xenophobia. For these purposes “hate speech” includes material directed to a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, or any other protected characteristic and which is intended or has the effect of or is likely to have the effect of inciting discrimination, hatred, fear of, or violence against such group or individual.
The following are non-exhaustive examples of behaviour or material which is considered to be threatening or harassing:
a. is or appears to be targeted at a specific individual or group of individuals and is offensive, derogatory, or harassing;
b. is used or appears to be intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content;
c. contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way;
d. doxxs or otherwise identifies a User or other third party or includes material which could be used for such purposes such as employer details, telephone numbers, financial details, location information, names, identity documents, email addresses, log-in credentials or any other personally identifiable information without that person's express written consent;
Users may not use the Space to promote illegal trading, Ponzi or pyramid schemes to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User. They can’t post in their content that any person or organisation endorses that User or their Content or that they are acting as a brand ambassador or representative of any person or organisation. The Site will take down any material which it knows or has reason to believe contravenes any of the above. If you wish to report any material on the Site which you believe contravenes any of the above contact us via [email protected].
42a Riverside workshops
Pipe House Wharf
We do not refund monies paid for Paid Services to Service Providing Users but may exceptionally and at our sole discretion offer credit for monies paid and unused to be used against future Paid Services. In particular (but without limitation)