1 Introduction
1.1 Application
These Terms of Use govern your access to and use of
the App and is between you and FitBlazer. For the
avoidance of doubt, these Terms of Use constitute a
legal agreement between you and FitBlazer.
1.2 Acceptance
The App serves as an online platform that connects you
and other users with the External Service Providers.
The App enables users to view and/or book Products
offered by the External Service Providers, either for in-
person sessions or virtual participation. For the
avoidance of doubt:
we are not an External Service Provider; and
the App itself does not offer any Products.
By downloading, installing, copying, accessing and
using the App and/or the Services, you acknowledge
that you have read, understood and agree to accept and
be bound by these Terms of Use (including any future
amendments), our Privacy Policy (which is
incorporated in these Terms of Use by reference,
including any future amendments), and any other
applicable terms and conditions (if any).
You warrant that you have the authority to enter into
these Terms of Use personally, and if applicable, on
behalf of any organisation who is named as the User
and bind such persons to these Terms of Use.
By clicking “Agree and Continue”, you acknowledge
and consent to:
be bound by these Terms of Use and Privacy
Policy;
be responsible for reviewing and
understanding the terms and conditions
associated with the External Service Providers
(including other third parties) and their
Products and/or Services; and
comply with all applicable terms and
conditions imposed by the Application Store.
We may make commission from each transaction we
have with an External Service Provider. You
acknowledge that we have disclosed our interest to you
prior to your use of the App.
If you disagree with any part of these Terms of Use, you
must not access or use the App, and we recommend
uninstalling the App from your device from your compatible electronic device or our
termination of your licence.
Unless otherwise specifically agreed in writing, you
acknowledge and agree that:
the App is being licenced to you;
no title or ownership in the App is being
transferred or assigned;
these Terms of Use shall not be construed as
a sale of the App; and
all rights not specifically granted under these
Terms of Use are reserved by us.
2.2 Licence Conditions
You agree not to:
modify, copy, or create any derivate works
based on the App;
licence, sublicence, sell, resell, rent, lease,
transfer, assign, distribute, timeshare, host, or
otherwise commercially exploit or make the
App available to any third-party;
reverse engineer, decompile or disassemble
any portion of the App;
access or use (or allow a third-party to access
or use) the App for competitive analysis or
build any competing products or services;
copy any features, functions, integrations,
interfaces, or graphics of the App;
use the App to access, transmit, publish, or
communicate material, which is defamatory,
offensive, abusive, indecent, menacing, or
otherwise unlawful, or which contains a virus
or other harmful code;
obtain unauthorised access to (or damage,
disrupt or interfere with the operation of) any
computer, system, application, network, or
service;
transmit, publish, or communicate bulk
and/or unsolicited messages; or
use the App in any way that cause us, our
suppliers, or other users to incur liability to a
third-party,
and shall hold us harmless accordingly, particularly
where your breach of this clause results in commercial
gain.
3 Access and Restrictions
3.1 Access and Use
You are responsible for providing your own internet
access and compatible device to download, install and
use the App. The App is developed only for iOS version
16 and above.
You agree to grant certain permissions and/or access
associated with your use of the App. If you do not grant
these permissions and/or access, you acknowledge that
you may be unable to use the App or some of its
features.
You acknowledge and agree that your access to and use
of the App can be suspended or revoked at our sole
discretion. Access to and use of the App is not
guaranteed and may be restricted or blocked without
prior notice for maintenance, operational, technical
reasons, reasons of Force Majeure or any other reason
whatsoever and for any duration whatsoever.
You acknowledge and agree to accept any additional
terms that may apply and to download and install App
updates and patches as required to maintain
functionality and security.
3.2 Security Protection
We employ security protection measures to safeguard
the App and its content. You agree not to attempt to
circumvent, disable, or otherwise interfere with any
security-related features of the App.
Your licence terminates immediately if you attempt to
circumvent any security protection measures used in
connection with the App.
You also agree to not engage in any activity that
interferes with or disrupts the App or the servers or
networks connected to the App.
3.3 Fair Use
We may monitor your use of the App for excessive or
unusual usage. To prevent fraud and abuse, we may,
without notice, modify, restrict, or suspend any use of
the App that we believe violates these Terms of Use.
This modification, restriction, or suspension does not
entitle you to a partial or full refund of charges (if any)
or the right to terminate these Terms of Use.
4 User Account
To access and utilise the App, you must create a User
Account. You agree and warrant that you will provide
information that is accurate, complete and up-to-date
during the registration process.
You must be at least 18 years old and meet any other
eligibility requirements specified by us.
You are solely responsible for maintaining the
confidentiality of your User Account, including the
account information, password, and all activities that
occur under your User Account. You agree to notify us
immediately of any unauthorised use of your User
Account or any other breach of security.
The App is intended for use by individuals located in
Australia and New Zealand. By creating a User
Account, you represent and warrant that you are
located in either Australia or New Zealand and will use
the App in compliance with the laws and regulations of
the country in which you are located.
5 Payments, Fees and Charges
5.1 Payments Processing
All payments for bookings made through our App are
processed securely by Stripe, our third-party payment
processor. Stripe manages all aspects of the payment
process, including card authorization and encrypted
data handling. We do not store or have access to your
credit or debit card details.
5.2 Payments
You understand that we do not charge you directly for
your use of the App and the Services. We receive a
commission from the External Service Providers for
bookings made via the App. This commission is
included in the price of the Products.
We are not responsible for setting, controlling, or
publishing the prices of the Products offered by the
External Service Providers. The prices for Products
displayed through the App are set by External Service
Providers and may differ from prices available through
other platforms or directly from the External Service
Providers.
5.3 Cancellation
Users can cancel their bookings directly through the
App. To receive a full refund, cancellations must be
made at least 24 hours before the scheduled booking.
Cancellations made less than 24 hours before the
scheduled booking may be subject to a cancellation fee,
as detailed in the External Service Providers’
cancellation policy (if any). Any cancellation fee
imposed by an External Service Provider is not a
penalty and will be a genuine pre-estimate of the loss
suffered by that External Service Provider.
External Service Providers reserve the right to cancel
any bookings due to unforeseen circumstances. In such
an event, Users will be notified as soon as possible, and
a full refund will be issued. The App will assist in
facilitating communication between the User and the
External Service Provider to arrange for a possible
rescheduling or alternative arrangements, where
applicable. While we will use reasonable efforts to
assist with communication between you and the
External Service Provider, we do not control the
availability of rescheduling or alternative
arrangements. Responsibility for refunds and service
delivery rests with the External Service Provider.
Nothing in this Clause limits your rights under the
Applicable Law, including (but not limited to) the
Australian Consumer Law or any other applicable law.
Any requests for refunds, cancellations, or adjustments
must be directed to the External Service Providers in
accordance with their terms and conditions (if any).
Refunds for cancelled bookings will be processed
through Stripe and credited back to the original
payment method used at the time of booking.
Nothing in Clause 5.3 limits your rights under the
Applicable Law, including the Australian Consumer
Law (for users in Australia), the CGA and/or the FTA
(for users in New Zealand), including your right to a
refund or other remedy where services are not provided
with due care and skill, are not fit for purpose, or
otherwise fail to meet consumer guarantees. For clarity,
we provide access to and use of the App as a digital
platform that facilitates connections between users and
External Service Providers. We do supply the fitness or
wellness services booked through the App. These
services are provided directly by the External Service
Providers, who are responsible for the delivery, quality,
and any associated refunds or remedies in relation to
those services.
6 Termination
6.1 Termination by You
You may terminate your use of the App at any time by
requesting us to delete your User Account or by
uninstalling of the App from your device.
6.2 Termination by Us
We reserve the right to refuse, suspend and/or
terminate your access to the App, or modify your User
Account where we reasonably believe you have
breached these Terms of Use or the Applicable Laws,
or where required for security, legal, or operational
reasons (with or without notice) at any time, including
(but not limited to) if you:
have breached the terms of these Terms of
Use or any other agreement you have with us
or our policies;
provide false, incomplete, inaccurate, or
misleading information; or
engage in practices which subvert or are
intended to subvert these Terms of Use.
6.3 Effect of Termination
Subject to Clause 5.3 (Cancellation), if an agreement
with an External Service Provider is terminated and you
have made prepayments for services not yet received,
you will be entitled to a refund of those amounts,
regardless of who terminates the agreement.
Upon termination, the licence provided under these
Terms of Use will cease immediately and you
acknowledge, agree and warrant to:
immediately cease using the App; and
remove or uninstall all copies of the App from
your device.
Upon termination, we reserve the right (but have no
obligation to do so) to delete all of your information
and account data stored on our network and/or servers.
We may also retain your information. If we retain your
information we will retain your information in
accordance with our Privacy Policy, which will remain
binding on you despite termination. We will not be
liable to you or any third-party for the consequences of
termination or for deletion of your personal
information or account data.
7 Disclaimers and Limitation of Liability
R E A D S E C T I O N 7 C A R E F U L L Y
This Section 7 applies to all users to the fullest extent
permitted by the Applicable Law. Specific provisions in
this Section 7 only applies for New Zealand and
Australian Users to the extent applicable.
7.1 Disclaimer of Warranties
You expressly acknowledge and agree that the App is
provided on an “as is” and “as available” basis. Your
use of the App is at your own risk.
To the extent permitted by law, and without limiting
your rights under the Applicable Law (including the
Australian Consumer Law), we disclaim all warranties
of any kind, whether express, implied, or statutory,
including but not limited to warranties of
merchantability, fitness for a particular purpose, non-
infringement, and title. We do not warrant that:
you will be able to access or use the App at the
time or location of your choosing.
the App will be uninterrupted or error-free
and that defects will be corrected;
the App is free of viruses or other harmful
components;
the performance in any manner whatsoever of
the App on your specific device; or
the App will be compatible with any third
party software or hardware.
To the extent permitted by law, any Products offered by
External Service Providers are made available to you on
an “as is”, “where is” and “where available” basis,
without any warranties of any kind, whether express or
implied. We do not warrant, endorse, guarantee, or
assume responsibility for any Products offered by
External Services Providers through the App or any
third-party links.
7.2.Limitation of Liability
Except as otherwise agreed in writing, any and all
conditions, guarantees, warranties or representations
including but not limited to those which might
otherwise be implied by law, trade, custom or
otherwise are expressly excluded to the maximum
extent permitted by law.
To the extent permitted by law, we shall not be liable
for any loss or damage or liability of any kind
whatsoever (including consequential loss or loss of
profit or business) whether suffered or incurred by you
or another person and whether in contract, tort or any
other legal principle, or otherwise and whether such
loss or damage arises directly or indirectly from the
App, Products or Services.
The following provisions apply to Australian Users:
Nothing in these Terms of Use excludes,
restricts or modifies any consumer guarantee,
right or remedy conferred by the Australian
Consumer Law or any other applicable law
that cannot be excluded, restricted or
modified by agreement.
To the extent permitted by law, and subject to
your statutory rights under the Australian
Consumer Law:
(i) we exclude all liability for any indirect,
incidental, special, consequential or
punitive loss or damage, or for any loss
of profits, revenue, goodwill, data or
opportunity, arising out of or in
connection with your use of the App or
these Terms of Use, whether in contract,
tort (including negligence), breach of
statutory duty or otherwise, even if
foreseeable; and
(ii) where the services provided by us are
not of a kind ordinarily acquired for
personal, domestic or household use or
consumption, our liability for failure to
comply with a consumer guarantee is
limited to the resupply of our services
(by way of referring you to an alternative
External Service Provider).
The following provisions apply to New Zealand Users:
In particular, and without limitation, all
implied terms, conditions and warranties
under Part 3 of the CCLA are expressly
excluded.
Nothing in these Terms of Use is intended to
limit any rights that you may have under the
CGA or FTA.
Our maximum aggregate liability for all
damages (including any indirect, punitive,
special, exemplary, incidental, consequential,
or other damages of any type or kind), losses,
and causes of action arising out of or in
connection with the App or these Terms of
Use, whether in contract, equity, tort
(including negligence) or otherwise, will not
exceed the total commission we have received
from the External Service Provider in
connection with your relevant transaction.
7.3 Indemnity
You agree to indemnify, defend, and hold us harmless
(including our members, managers, subsidiaries,
affiliates, any related companies, suppliers, licensors
and partners, and the officers, directors, employees,
agents and representatives of each of them) in respect
of any loss, damage, cost or expense, including
reasonable enforcement costs (whether incurred on a
solicitor-client basis or otherwise), suffered or incurred
by us as a result of:
any actual or alleged breach by you of these
Terms of Use;
your access to or use of the App; or
any actual or alleged breach by you of the
intellectual property, privacy or other rights of
a third-party
8 Ownership & Intellectual Property
8.1 Ownership and Rights
Unless otherwise indicated and subject to third-party
rights, we retain all right, title and interest to the App,
including, but not limited to all intellectual property
rights such as copyrights, trademarks, trade secrets,
trade names, proprietary rights, patents, titles,
computer codes, audiovisual effects, artwork, sound
effects, musical works, and moral rights.
8.2 User Acknowledgement
You acknowledge and agree that you have no rights in
the App or technology used or supported by the App,
including any update, enhancements, new releases and
modifications to the App, other than the licence to use
the App in accordance with these Terms of Use.
In relation to any intellectual property handed to us by
you, you indemnify us against any breach or alleged
breach of intellectual property rights that may arise.
9 Privacy and Data Protection
9.1 Privacy Policy
Your use of the App is also governed by our Privacy
Policy, which explains how we collect, use, and protect
your personal data. By downloading, installing or using
the App, you agree to the terms of our Privacy Policy.
9.2 Data Protection
We may collect and use technical data and related
information, including but not limited to technical
information about your device, system, and application
software, to facilitate the provision of software updates,
product support, and other services related to the App.
10 Dispute Resolution
R E A D S E C T I O N 1 0 C A R E F U L L Y
This Section 10 applies to all users to the fullest extent
permitted by the Applicable Law. Specific provisions in
this Section 10 only applies for New Zealand and
Australian Users to the extent applicable.
10.1 Good Faith Negotiations
The Parties agree that before taking any court action
they will use their best efforts to resolve any dispute
under or in connection with these Terms of Use
through good faith negotiations.
If the parties have not reached an agreement in
accordance with Subclause 10.1.1 within ten (10)
Working Days of you providing Notice in Writing to us
or our providing Notice in Writing to you of the
dispute, then either Party shall have the right to
commence proceedings or other enforcement action as
it sees fit.
10.2 Right to Seek Relief
Nothing in Clause 10.1 affects your right to seek urgent
interlocutory and/or injunctive relief:
For Australian Users:
(i) in any other court, orders granting
interim relief or interim protective
measures in support of proceedings to
be brought before a court located in
New South Wales, Australia; or
(ii) to enforce an Australian judgment in
any other country
For New Zealand Users:
(i) in any other court, orders granting
interim relief or interim protective
measures in support of proceedings to
be brought before a New Zealand court;
or
(ii) to enforce a New Zealand judgment in
any other country.
11 External Services
11.1 Nature of External Services
The App is an intermediary facilitating the connection
between you and External Service Providers offering
their Products. You acknowledge and agree that we do
not provide, control, or endorse any Products.
You acknowledge and agree that your legal
relationships with External Service Providers is
separate from your relationship with us and are not
governed by these Terms of Use. The External Service
Providers may each have their own terms of use which
will apply to the Products they offer and that you will
engage with them directly in connection with any third
party terms of use
11.2 User Responsibilities
By using the App to access the Products offered by
External Service Providers, you agree to:
review and understand all relevant terms and
conditions of the External Service Provider
before engaging with or using their Products;
comply with all applicable policies of the
External Service Provider, including but not
limited to their booking, cancellation, refund,
and conduct policies;
provide accurate and complete information to
all External Service Providers for all bookings
or purchases;
communicate directly with the External
Service Provider regarding any Product-
related issues, concerns, or questions; and
assume full responsibility for all interactions
with External Service Providers at your own
risk.
With respect to External Service Providers, you
acknowledge and agree that:
the availability and quality of Products and
other services are solely their responsibility;
we do not guarantee their quality, safety,
suitability, or ability;
we do not verify their qualifications,
certifications, or credentials; and
any ratings or reviews on the App are for
informational purposes only and we do not
guarantee their accuracy or reliability.
11.3 Platform Responsibility and Support
Whilst we do not provide, control, or endorse the
Products offered by External Service Providers, we
acknowledge that we facilitate the booking and
payment process through the App. To the extent
permitted by the Applicable Law, we are not
responsible for the acts or omissions of External Service
Providers. However, we will take reasonable steps to
assist you in resolving disputes with External Service
Providers, including by facilitating communication and
providing relevant transaction information.
External Service Providers are required to comply with
all Applicable Laws (including the Australian
Consumer Law). We reserve the right to suspend or
remove any External Service Provider from the App
who fails to meet these standards.
11.4 Purchase Information
By using the App to access the Products offered by
External Service Providers, you authorise us to:
share your personal information, including
but not limited to your full name, email
address and any other contact information,
and transactional and App history, with
External Service Providers; and
collect and integrate transactional data,
including the types and amounts of purchases
and transaction dates, into your User Account
and share said data with External Service
Providers.
11.5 Customer Service and Responsibilities
You understand and accept that we are not responsible
for the Products offered through the App.
External Service Providers are solely responsible for
their Products, including the nature, content and
quality of said Products, reservation, cancellation,
return and refund policies, adjustments, rebates,
functionality and warranty, support, including
customer service, and issues concerning experiences
with the applicable External Service Providers’
personnel, policies, or processes.
11.6 Disclaimer and Dispute Resolution
To the fullest extent permitted by the Applicable Law,
we expressly disclaim any liability for the Products and
the acts and omissions of the External Service
Providers.
In the event of a dispute between you and an External
Service Provider, you agree to resolve said dispute
directly with the relevant External Service Providers in
accordance with their dispute resolution terms (if any).
11.7 Modification to External Services
We reserve the right to modify, suspend, or discontinue
any External Service Provider and/or any Products
offered through the App at any time, with or without
notice, and without liability
12 Third-Party Links
The App may contain links to third-party websites or
services that are not owned or controlled by us. We
have no control over, and assume no responsibility for,
the content, privacy policies, or practices of any third-
party websites or services.
You acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such
content, goods, or services available on or through any
such third-party websites or services.
You acknowledge that these Terms of Use do not apply
to any third-party websites and services. You agree to
review and understand any applicable terms and
conditions, privacy policies, and any other agreements
and/or policies as is required.
13 Definitions and Interpretations
13.1 Definitions
In these Terms of Use:
“App” means the FitBlazer App, a mobile application
that hosts a platform allowing users to view, book
appointments and classes offered by various wellness
and fitness providers (the “External Service
Providers”).
“Applicable Law” means:
For Australian Users: the laws and regulations
of New South Wales, Australia.
For New Zealand Users: the laws of New
Zealand.
“Application Store” means any digital distribution
service platform, such as the Apple App Store, Google
Play Store, or any other platform through which the
App is made available.
“Australian Consumer Law” means the Australian
Consumer Law contained in Schedule 2 of the
Competition and Consumer Act 2010 (Cth).
“Australian User” means your primary residence is in
Australia.
“CCLA” means the Contract and Commercial Law Act
2017.
“CGA” means the Consumer Guarantees Act 1993.
“External Service Providers" means any fitness and
wellness provider offering products, services, classes,
and appointments through the App.
“Force Majeure” means vis major, or an event, or an
action that will give rise to a breach from an act of God,
fire, act of government or state, war, civil commotion,
insurrection, embargo, World Health Organisation
pandemic (whether accepted by the New Zealand
government or otherwise or the government of your
jurisdiction), technological intervention (including but
not limited to hardware failures, serious software bugs,
disruption in services from data hosting providers, loss
of data due to malware or other cyberattacks, and
unexpected outages of essential infrastructure such as
internet service disruptions), prevention from or
hindrance in obtaining any financial instrument or
other supplies, civil war, rebellion, revolution,
insurrection, military or usurped power or confiscation,
terrorist activities, nationalisation, government
sanction, blockage, embargo, bank intervention
(including but not limited to freezing of accounts,
refusal by a bank to release or move funds on a Party’s
instructions, sanctions, injunctions or other forms of
sanction or estoppel against the bank itself, failure or
insolvency of the said bank), labour disputes of
whatever nature and any other reason beyond our
control.
“FTA” means the Fair Trading Act 1986.
“New Zealand User” means your primary residence is
in New Zealand.
“Notice in Writing” means any communication from us
pursuant to Clause 14.5 or Subclause 14.5.2, whichever
is applicable.
“Products” means any goods, services, classes,
appointments, or digital content provided by External
Service Providers.
“Privacy Policy” means the Privacy Policy of FitBlazer.
“Services” means the functionalities and features
provided by the App itself.
“Terms of Use” means these Terms of Use for us and
includes any schedules and any other documents
referred to in these Terms of Use.
“User Account” means the personalised account
created by a user on the App to access and use the
Services.
“We”, “us” or “our” means FitBlazer Limited, a duly
incorporated NZ Limited Company with registered
offices in Hamilton, New Zealand with NZBN No
9429052047848, and its subsidiaries and affiliated
companies.
“You” or “Your” means the individual using or
accessing the App, including anyone who downloads,
installs, accesses, or uses the App.
Interpretations
Binding: Once you have accepted these Terms of Use,
you and any parties acting on your behalf are bound by
these terms on an ongoing basis.
Clauses: References to Clauses or Subclauses, are
references to these Terms of Use’s Clauses and
Headings: Headings are for ease of reference only and
do not form any part of the context or affect the
interpretation of these Terms of Use.
Party and Parties: Reference to Party means either us
or you singularly as the context requires whereas
reference to Parties means us and you.
Plural and Singular: Singular words include the plural
and vice versa.
Persons: References to persons include references to
individuals, companies, corporations, firms,
partnerships (limited or otherwise), joint ventures,
associations, organisations, government departments,
trusts, municipal authorities, state owned enterprises,
in each case whether or not having separate legal
personality.
Statutes and Regulations: References to any statutory
provision include any statutory provision which
amends or replaces it, and any subordinate legislation
made under it.
Working Days:
For Australian Users: The expression
‘Working Days’ has the meaning given to the
term ‘Business Day’ under the Acts
Interpretation Act 1901.
For New Zealand Users: The expression
‘Working Days’ has the meaning given to that
expression under the Legislation Act 2019
14 General Terms
14.1 Amendments to Terms of Use
We reserve the right to amend these Terms of Use from
time to time. We will provide Notice in Writing of any
material change by either sending an email to the
address associated with the User Account or by
displaying a prominent notice within the App. Your use
of the App following any amendments will be deemed
as your acceptance of such amendments. If you do not
agree to these Terms of Use or any amendments, you
should immediately cease using the App and the
Services.
14.2 Assignment
You may not assign, transfer or sublicence your rights
and obligations under these Terms of Use.
We may, at our absolute discretion, assign, transfer, or
sublicense any or all of our rights or obligations under
these Terms of Use, without restriction, provided that
such assignment, transfer, or sublicense does not
materially affect your rights under these Terms of Use..
14.3 E&OE
We endeavour to provide accurate and up-to-date
information through the App. However, we shall not
be held liable for any errors or omissions that may occur
in the information presented on the App, including but
not limited to the Products and the External Service
Providers.
The App employs recommendation algorithms that are
based on factors such as user-selected interests during
account setup, previous bookings, and local events if
location services are enabled. These recommendations
are provided for general informational purposes only
and may not be accurate, suitable, or appropriate for all
users. The App accepts no responsibility or liability for
any actions, decisions, or outcomes arising from
reliance on these recommendations.
14.4 Entire Terms
These Terms of Use contains all the terms agreed
between the Parties relating to the App and your use of
the App and supersedes and cancels all prior
communications, representations, agreements, or
understandings, either oral or written, covering the
subject matter.
The Parties have not relied on any representation,
warranty or agreement relating to the subject matter of
these Terms of Use that is not expressly set out in these
Terms of Use, and no such representation, warranty or
agreement has any effect from the date of these Terms
of Use.
Electronic Communications and Notices
By creating a User Account, you agree and accept to
receive communication from and on behalf of us, the
External Service Providers, and any third party via the
prescribed modes of communication described in
Subclause
You consent to receiving communications from us,
electronically, and agree that all agreements, notices,
disclosures, and other communications that we provide
to you electronically satisfy any legal requirement that
such communication be in writing.
Any notice or other communication required or
permitted under these Terms of Use must be in writing
and must be delivered by on the following means, and
in respect of each is deemed to have been delivered as
described:
via electronic mail (email) to the other party at
their usual or last known email address –
immediately upon transmission, provided
that a non-delivery report is not received by
the sender.
via notification through the User Account –
when the notification is accessible from the
User Account on the App.
to us, by personal delivery or by post at our
registered address for service – upon receipt at
our registered address.
You shall at all times maintain a valid email address
which will serve as your primary contact point for
receiving notices and communications under these
Terms of Use. If you fail to maintain a valid email
address, communication or other notices sent to the
last email address we have on file will be deemed
served regardless of any non-delivery report we may
receive after sending.
14.6 Unfair Contract Terms
We will not exercise our rights under this these Terms
of Use in a way that is unfair or causes a significant
imbalance in the User’s rights and obligations.
14.7 Severability
If any provision of these Terms of Use shall be unfair,
invalid or unenforceable the validity, existence, legality
and enforceability of the remaining provisions shall not
be affected, prejudiced or impaired and will remain
enforceable to the greatest extent permitted by law.
14.8 Waiver
No failure, forbearance or delay by us to exercise any
right, power or remedy under these Terms of Use will
operate as a waiver of that right, power or remedy. A
waiver of any right, power or remedy will not be
effective unless that waiver is in writing from us. A
waiver of any right arising from any breach of any term
under these Terms of Use will not be a continuing
waiver of the right in relation to any other or
subsequent breach.
14.9 Obligations that Survive Termination
Sections 2 (Licence), 3 (Access and Restrictions), 4 User
Account), 5 (Payments, Fees, and Charges), 7
(Disclaimer and Limitation of Liability),
8 (Ownership and Intellectual Property), 9 (Privacy and
Data Protection), 10 (Dispute Resolution), 11 (External
Services), and 12 (Third-Party Links) survive
Termination
14.10 Governing Law
For New Zealand Users: These Terms are governed in
accordance with the laws of New Zealand and any
dispute under these Terms of Use or action against us
shall be subject to the exclusive jurisdiction of all courts
of New Zealand, without giving effect to any conflict of
law principles. You accept that any proceedings issued
against us may only be filed and heard in Hamilton,
New Zealand, and hold us harmless accordingly.
For Australian Users: These Terms are governed in
accordance with the laws of New South Wales and any
dispute under these Terms of Use or action against us
shall be subject to the non-exclusive jurisdiction of all
courts located in New South Wales, without giving
effect to any conflict of law principles. You accept that
any proceedings issued against us may only be filed
and heard in New South Wales, Australia, and hold us
harmless accordingly.
