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 additionalterms 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 isleading 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 urgentinterlocutory 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.
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 contain all the terms agreed between the Parties relating to the App and your use of the App and supersede and cancel 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.
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 [missing reference].
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 one of 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.
