HUD Studio Limited, a New Zealand registered company located at Level 11, 19 Victoria Street West, Auckland 1010, New Zealand ("HUD") operate the website hudapp.com (the “Website”) and the associated HUD mobile application which provide an interactive way for like-minded users to meet each other, chat with each other and/or explore casual or short-term relationships (HUD’s Website and mobile application, collectively, HUD’s "Service"). Your use of the Service is subject to the following Terms and Conditions of Use (these "Terms") set out in this Member Agreement ("Agreement"). The terms "you", "your" and "yourself" each mean the person who accesses or uses the Service whether or not such person is a paid member.
1.1 By creating an account on the Service, (whether free or paid, through the HUD app or through our website) you, as a user, are a registered member of the Service and agree to be bound by these Terms.
1.2 This Agreement is a legal contract made between you and HUD. Your use of the Service (whether or not you are a paid member) will be governed by these Terms and the Privacy Policy, and in the case of the use of the Service through the HUD mobile application, the End User Licence Agreement for Mobile Devices.
1.3 IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS, USE OR OTHERWISE ACCESS THE SERVICE.HUD RESERVES THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO THESE TERMS FROM TIME TO TIME, BY UPLOADING REVISED TERMS ON THE WEBSITEBY CONTINUING TO USE THE SERVICE, CONSTITUTES YOUR ACCEPTANCE TO ANY SUCH CHANGES. YOU ARE RESPONSIBLE FOR REVIEWING HUD’S WEBSITE WWW.HUDAPP.COM REGULARLY TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS THE SERVICE. YOU CAN TERMINATE THIS AGREEMENT IMMEDIATELY ON NOTICE TO HUD WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED TERMS.
2.1 In order to create an account and use the Service, you must meet the following requirements:
2.2 By registering as a member, you warrant to HUD that you comply with all of these requirements. If you breach this warranty, without limitation to HUD’s other rights and remedies, HUD is entitled to terminate this Agreement under Section 9 below.
2.3 HUD does not currently conduct criminal background screenings on users of the Service. However, HUD reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section. By agreeing to these Terms, you hereby authorise HUD to conduct a background check on you.
2.4 HUD endeavours to employ staff to monitor profiles and photos, but is under no obligation to do so. Without limiting any other remedies available to HUD (including HUD’s rights to terminate in Section 9 below), HUD RESERVES THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM HUD’S SERVICE AT HUD’S SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF HUD DOES REMOVE YOUR PROFILE AND/OR ANY CONTENT YOU SUBMIT HUD WILL NOT BE LIABLE TO YOU IN ANY WAY.
As HUD’s Service is Internet-based, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status, or any other attribute which HUD may ask the member to provide. These risks are not unusual for the type of Service HUD provides. Members of dating websites and apps have been the victims of fraudulent scams, and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.
3.1 To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for taking all measures to protect yourself against persons who attempt to defraud you or mislead you using the Service. HUD is unable to verify that every member profile Service is accurate. You must therefore exercise caution when dealing with all other members.
3.2 YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT HUD HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED UNDER FALSE PRETENSES, THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S) OR ANY OTHER LOSS OR INJURY SUFFERED RESULTING FROM USING THE SERVICE. THOUGH HUD MAKES EVERY EFFORT TO ENSURE OUR SERVICE IS SAFE AND FREE FROM FRAUDULENT ACTIVITY, HUD IS NOT RESPONSIBLE FOR ENSURING MEMBERS COMPLY WITH OUR TERMS.
3.3 It is possible that members from other countries will access the Service. It may not be practicable for HUD to enforce these Terms against such members. If HUD receives a complaint from a member that another member is in breach any section of these Terms, HUD will investigate such complaint and consider whether to exercise HUD’s rights under these Terms, including HUD’s rights to terminate that member's access to the Service.
3.4 HUD may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law and may do so if HUD believes a member has breached any applicable Terms. You agree to HUD providing such assistance, including the release of any relevant information HUD may hold about you.
3.5 HUD reserves the right to decline to register without entering into further discussions with you, or to suspend your membership if HUD believes on reasonable grounds that you are in breach of these Terms.
The Service is intended for use in a number of jurisdictions, including in the United States, the European Union, and the United Kingdom. You agree to comply with all applicable laws when using the Service and dealing with other members. This includes compliance with any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.
4.1 By using the Service, you agree to comply with the following;
4.2 If you breach these provisions, HUD may terminate your membership and your access to the Service for breach in accordance with section 9 of these Terms. Upon request by HUD, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for HUD’s verification purposes, HUD may terminate or suspend your membership or access to the Service in accordance with section 9.
5.1 By submitting or posting any content (including without limitation, your photographs, videos, voice messages, voice prompts) to our Service, you represent and warrant to us that you are the exclusive owner of the content, (including without limitation your photograph, videos, voice messages, voice prompts) orare otherwise licensed to use and sub-license the content and use of your content by us will not infringe or violate the rights of any third party. By submitting any content (including without limitation your photograph, videos, voice messages, voice prompts) to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to HUD, and HUD’s licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorize sub-licenses of the foregoing.
5.2 HUD IS NOT RESPONSIBLE FOR ANY PROFILE OR OTHER CONTENT POSTED OR ENTERED ON HUD’S WEBSITE, MOBILE APP, OR OTHERWISE THROUGH HUD’S SERVICES. You are solely responsible for any content that you submit, post or transmit via the Service, and you shall be solely liable for any content posted or published via the Service that is deemed to infringe or violate any third party’s intellectual property rights. You agree not to include any illegal or unlawful information in your profile. You also agree not to post or submit any content that:
5.3 The foregoing is a partial list of the kind of content that is illegal or prohibited on HUD’s Service. HUD reserves the right to investigate and take appropriate legal action in HUD’s sole discretion against anyone who violates this Section or any other provision of these Terms, including without limitation, removing the offending content from the Service, terminating the violator's membership and access to the Service (in accordance with section 9) and contacting and disclosing information to the relevant authorities.
5.4 HUD has no obligation to post any content that you or anyone else submits. While HUD does not and cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials, HUD reserves the right, but is not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that HUD, in its sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable.
5.5 YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF PROFILES, PUBLIC POSTINGS, MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO THE SERVICE. HUD CANNOT GUARANTEE, AND ASSUMES NO RESPONSIBILITY FOR, VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.
5.6 Without limiting any right that HUD may have, HUD may, at its sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted in the Service, suspend or cancel your membership if we believe that content entered creates, or may create, liability for HUD or if HUD believes the information to be misleading or inappropriate or if HUD believes you have breached these Terms. To the maximum extent permitted by law, HUD shall not be liable to you if HUD exercises any of these rights, including cancellation of any type of membership, or a permanent ban from using the Service.
6.1 By downloading and using the Service and creating a free account, you become a Basic Member after the registration process is complete. As a Basic Member, you are entitled to access a minimal level of the Service’s features without any charge for these features. These Basic features are subject to change, and HUD reserves the right to make changes and updates to the Basic features as and when required.
6.2 If you would like access to the Boost(s) feature available on the Service, you can make a one-off purchase for a Boost(s). The Boost(s) feature provides your profile with additional features of the Service that are not available to users without the Boost(s) feature. These Boost(s) features are subject to change, and HUD reserves the right to make changes and updates to the Boost(s) features as and when required.
6.3 If you want unlimited access to all the Premium Membership Subscription features available on the Service, you can purchase a Premium Membership. A Premium Membership provides your profile with additional features of the Service that are not available to users without the Premium Membership. As a Basic Member, you have the option to purchase a Premium Membership at any time, and also have the option to cancel your Premium Membership and return to a Basic Member at any point. These Premium Membership Subscription features are subject to change, and HUD reserves the right to make changes and updates to the Premium Membership features as and when required.
6.4 PREMIUM MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM MEMBERSHIP SUBSCRIPTION THAT PREMIUM MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM MEMBERSHIP SUBSCRIPTION PERIOD, AT THE PRICE YOU PURCHASED THE PREMIUM MEMBERSHIP SUBSCRIPTION FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR PREMIUM MEMBERSHIP SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.
6.5 If you want unlimited access to all the Premium+ Membership Subscription features available on the Service, you can purchase a Premium+ Membership. A Premium+ Membership allows Basic and/or Premium Members to upgrade their memberships to Premium+ status, and provides you with access to additional features of the Service that are not available to Basic and Premium Members. As a Basic Member and/or Premium Member, you have the option to purchase a Premium+ Membership at any time, and also have the option to cancel your Premium+ Membership Subscription and subscribe to a Premium Membership Subscription or return to a Basic Member at any point. These Premium+ Membership Subscription features are subject to change, and HUD reserves the right to make changes and updates to the Premium+ Membership features as and when required.
6.6 PREMIUM+ MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM+ MEMBERSHIP SUBSCRIPTION THAT PREMIUM+ MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM+ MEMBERSHIP SUBSCRIPTION PERIOD AT THE PRICE YOU PURCHASED THE PREMIUM+ MEMBERSHIP FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.
6.7 7-Day Free Trial. If you wish to subscribe to HUD’s Premium Membership or HUD’s Premium+ Membership Subscription, you can enter into a 7-day free trial, with a limit of one (1) free trial per Apple App Store, Google Play, or equivalent app marketplace account. This 7-day free trial entitles you to all the Premium or Premium+ Membership Subscription features of the Service for the duration of the 7-days. If you decide during the 7-day period that you do not wish to carry on with your Premium or Premium+ Membership, you may cancel your subscription through your Apple App Store, Google Play, or equivalent app marketplace account. 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU SUBSCRIBE TO A 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTION THAT 7-DAY FREE TRIAL MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE 7-DAY PERIOD. IF YOU DO NOT WISH TO BE CHARGED FOR THE PREMIUM OR PREMIUM+ MEMBERSHIP SUBSCRIPTION, YOU MUST CANCEL YOUR 7-DAY FREE TRIAL SUBSCRIPTION AT LEAST 24 HOURS PRIOR TO THE END OF THE 7-DAY FREE TRIAL PERIOD.
6.8 Upon subscription to a Premium Membership and/or Premium+ Membership, payment will be charged to your Apple App Store, Google Play, or equivalent app marketplace account, or your registered credit card immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your settings in the Apple App Store, Google Play store, or equivalent app marketplace, or by removing your credit card after purchase.
7.1 Cancellation
You may cancel your account at any time, subject to these Terms. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT APP MARKETPLACE ACCOUNT OR BY REMOVING YOUR REGISTERED CREDIT CARD as HUD cannot access personal accounts to change subscription preferences. HUD will retain all funds charged to your Apple App Store, Google Play store, or equivalent app marketplace account or registered credit card until you cancel your subscription.
7.2 Refunds
7.2.1 ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exceptions may be made if the laws applicable in your jurisdiction require refunds in certain limited circumstances.
7.2.2 If you are a resident of California, you may be entitled to a refund provided you cancel your subscription within 3 business days after your free trial ends and your premium subscription begins. If you have cancelled your premium subscription within 3 business days and you are a resident of California, please send us an email at support@hudapp.com with your username and details in order to sort your refund.
7.2.3 If you are a resident of the United Kingdom or the European Union, you may be entitled to a refund provided you cancel your subscription within 7 days after your free trial ends and your premium subscription begins (i.e. within 14 days from the date on which your free trial starts). If you are a resident of the United Kingdom or European Union, please send us an email atsupport@hudapp.com with your username and details in order to sort your refund.
8.1 When creating a profile through the Service you will be required to sign in with either your Apple ID, Google log in or your mobile phone number (“Sign In Details”). You will be required to verify your profile by mobile phone number verification, if you do not sign in with one of these options, you will not be able to create an account and use the Service.
YOU ARE RESPONSIBLE FOR KEEPING YOUR HUD PROFILE SIGN IN DETAILS SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR HUD PROFILE SIGN IN DETAILS. Without limiting the foregoing, you agree that:
8.2 Account Deletion
You have the right to terminate your account if you do not wish to use the Service any longer. You may delete your account any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information from the Service. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK, SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.
8.3 Pausing Account
You may also temporarily ‘Pause’ your account if you would like to take a break from the Service but wish to keep your profile, matches and messages. This will allow you to be ‘hidden’ from HUD’s Service and prevent new users from viewing your profile, matching with you and/or sending you messages. However, users you have previously matched with or messaged will still be able to view your profile and/or send you messages, and you will be able to send messages to users you are matched with. IF YOU CHOOSE TO PAUSE YOUR ACCOUNT, YOUR ACCOUNT WILL BE HIDDEN FROM THE POTENTIAL MATCHES PROFILE FEED AND YOUR PROFILE WILL NOT BE VISIBLE TO NEW USERS. THIS WILL PREVENT YOU FROM MAKING ANY NEW MATCHES UNTIL YOU DECIDE TO TAKE YOUR ACCOUNT OFF ‘PAUSE’. If you decide to remove your account from pause and resume using the Service, your profile will be ‘active’ once more on the match screen and you will be visible to new users. CHOOSING TO ‘PAUSE’ YOUR ACCOUNT WILL NOT DELETE YOUR ACCOUNT FROM THE SERVICE. IF YOU WISH TO PERMANENTLY REMOVE YOUR ACCOUNT FROM THE SERVICE, CHOOSE THE OPTION TO ‘DELETE ACCOUNT’, AND NOT ‘PAUSE ACCOUNT’.
9.1 HUD reserves the right, and may exercise its right to terminate your membership, this Agreement and your access to HUD’s Service if:
9.2 YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP OF AND ACCESS TO THE SERVICE UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT HUD MAY IMMEDIATELY DEACTIVATE OR DELETE ANY OF YOUR ACCOUNTS AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNTS AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO THE SERVICE.
9.3 You may terminate your access to the Service at any time by deleting your account in accordance with clause 8.2 or by sending HUD written or email notice of termination to support@hudapp.com. IN THE EVENT THAT YOU TERMINATE THIS YOUR ACCESS TO THE SERVICE OR THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY PAID SUBSCRIPTION FEES, unless as specified otherwise in these Terms.
10.1 HUD Service may occasionally contain links and advertisements to third-party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, products, or accuracy on such third-party websites.
10.2 HUD is not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and do not make any representations regarding the content, value, quality, safety, products, or accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.
10.3 HUD’s Service is for personal use only and must not be used in connection with any commercial purposes. Organizations, companies, and/or businesses must not use the Service for any purpose.
10.4 You must not use the HUD messaging system for the discussion of competing services or any illegal or unlawful activity including, but not limited to prostitution and/solicitation, collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to HUD’s Service. USE OF HUD’S SERVICE IS WITH HUD’S PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN HUD’S SOLE DISCRETION.
11.1 You expressly understand and agree that:
YOUR USE OF HUD’S SERVICE IS AT YOUR SOLE RISK. HUD EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2. HUD makes no representation, warranty or guarantee, to the maximum extent permitted by law, that:
11.3 YOU DO NOT ENTER INTO THIS AGREEMENT IN RELIANCE ON ANY REPRESENTATION, WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.
11.4 No advice or information that is obtained by you from HUD or otherwise shall create any representation, warranty or guarantee not expressly stated in these Terms.
11.5. Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers' own websites) rests solely with these third-party advertisers. The placement of such advertisements on the Service does not constitute HUD’s recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.
11.6 You understand that HUD may not be able to provide matches for everyone seeking to use the Service. Further, HUD makes no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any user. You understand that HUD makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW:
12.1. Neither party shall be liable to the other under any circumstances for any indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Service, or the inability to access the Service.
12.2 HUD shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by HUD.
12.3 HUD shall not be liable for the conduct or statements of members or third parties in relation to the Service.
12.4 None of the disclaimers, limitations or exclusions set out in these Terms will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under applicable law, for example, under the Consumer Guarantees Act 1993 (New Zealand), the Fair Trading Act 1986 (New Zealand) or any other applicable consumer protection legislation.
13. Indemnity
YOU AGREE TO INDEMNIFY HUD FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY HUD IN RESPECT OF OR IN CONNECTION WITH:
Except for members residing within the UK, EU or European Economic Area and elsewhere where prohibited by applicable law:
14.1 You acknowledge that any disputes pursued against HUD will be on an individual basis. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration.
14.2 Neither you nor HUD, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor HUD agrees to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.
BY USING THE SERVICE YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST HUD AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
14.3 TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (a) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (b) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
15.1 System integrity
HUD will use its reasonable endeavours to ensure the availability of the Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, HUD takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Service being unavailable. Further, to the maximum extent permitted by law, HUD assumes no responsibility for the corruption of any data or information held by HUD.
15.2 Resolution of disputes
As HUD is not a party to any dispute between you and another member, you agree:
15.3 Force Majeure
HUD shall have no liability for any lack of performance, damages, unavailability or failure of our Service, or for any failure on HUD’s part to comply with these Terms where the same arises from any cause reasonably beyond the control of HUD.
15.4 No Waiver
If HUD does not exercise or enforce any right available to HUD under these Terms, it does not constitute a waiver of those rights.
15.5 Partial Invalidity
If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
15.6 Governing Law
These Terms and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
15.7 Intellectual Property Rights
HUD owns all intellectual property rights and other proprietary rights in the HUD’s Service andWebsite (including but not limited to text, graphics, logos, icons and sound recordings,but excluding member content) and the software and other material underlying and forming part of the Service and HUD’s Website. You may not without HUD’s prior written permission, in any form or by any means:
15.8 Entire agreement
These Terms, the End User Licence Agreement, HUD’s Privacy Policy, Cookie Policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.
15.9 Privacy
Please refer to our Privacy Policy available at the following link: www.hudapp.com/privacy
15.10 Emails and newsletters
HUD may send you emails relating to your membership, changes to these Terms or the End User Licence Agreement for the HUD mobile application, transactions and other activities on our Website, and for promoting and marketing other HUD products and services to you. HUD may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
15.11 Acknowledgement
You represent and warrant that you:
If you have any questions or concerns about these Terms, the Services, or the Website, you may contact a representative of our company by calling HUD on (00649) 365 1088, using the Contact Form within the HUD mobile app or by regular mail: PO Box 5800, WELLESLEY ST, Auckland 1141, New Zealand.
16.1 HUD has partnered with Spotify to create a new feature on HUD’s Service which will allow users to connect their Spotify account to their profile. This allows users to display their top/favourite artists (“Music”) on their profiles and view other users favourite Music.
16.2 By connecting Spotify to their profile on our service, users give HUD permission to access their Spotify accounts for the purpose of accessing the user’s list of top 20 artists. Users may then choose up to 10 of the 20 artists to be displayed in their profiles.
16.3 Users can choose a maximum of 10 artists to include on their profile. USERS’ CHOSEN MUSIC WILL BE PUBLIC AND OTHER USERS WILL BE ABLE TO VIEW IT. IF USERS DO NOT WANT THEIR MUSIC TO BE PUBLIC DO NOT CONNECT TO SPOTIFY.
16.4 USERS ARE ABLE TO DISCONNECT AND RECONNECT THEIR PROFILES TO SPOTIFY AT ANY POINT. If you no longer want your Music to be displayed on our Service you can simply disconnect your Spotify account and your music will be removed.
