Effective Date: 1 December 2023
(a) These terms govern the mobile application Affirma5 ( Application ), as well as any other related products and services including websites and social media pages (collectively, Services).
(b) The Application is operated by Affirma5 Pty Ltd (ACN 670 107 641) ( Affirma5, we or us ), a company registered in Australia. Access to and use of the Application, or any of its associated products or Services, is provided by Affirma5. Please read these terms and conditions ( Terms) carefully. These Terms are a legally binding contract between you and Affirma5. By using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of the Services, immediately.
(c) Affirma5 reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Affirma5 updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. This may include posting the revised Terms on the applicable Services or providing additional notice to you (such as, by email). Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
(a) Affirma5 provides the Services subject to your acceptance and ongoing compliance with the Terms. You accept the Terms by entering, accessing and/or remaining on the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Affirma5 in the user interface.
(b) Your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.
(a) In order to access certain features of the Services, you must purchase a monthly or yearly subscription through the Application ( Subscription) and pay the applicable fee for the selected Subscription ( Subscription Fee).
(b) The Subscription will be continuous for the subscription period you select and will automatically renew for another subscription period until cancelled ( Recurring Subscription). You authorise Affirma5 to automatically charge your designated payment method at the beginning of each subscription period (without your prior approval) for the then-current price of your Recurring Subscription, along with any applicable taxes and fees specified, unless your Subscription is cancelled in accordance with clause 3(i) below. If Affirma5 is not able to charge your payment method for your Recurring Subscription, you remain responsible for any uncollected amounts.
(c) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(d) Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services ( Account).
(e) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including email address, preferred username and password.
(f) You warrant that any information you give to Affirma5 in the course of completing the registration process will always be accurate, correct and up to date.
(g) Once you have completed the registration process, you will be a registered member of the Application ( Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires.
(h) You may not use the Services and may not accept the Terms if:
(i) You must cancel your Recurring Subscription at least 24 hours before the end of your current subscription period to avoid being automatically charged for the next subscription period. If you purchased your Recurring Subscription through a thirdparty, like an app store, you must cancel the renewal directly with the third-party. The cancellation will take effect the day after the last day of the current subscription period. Contact us by email at support@affirma5.com if you need assistance with cancelling a Recurring Subscription. If you cancel, you are not entitled to a refund for the fees you already paid, but, subject to these Terms, you will continue to receive access to the Subscription until the end of your current subscription period.
(j) You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a Promotional Offer ). Additional terms specific to each Promotional Offer we offer will be as described in the particular offer (Offer Terms). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enrol in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are for new customers who have not previously subscribed to the Application or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to the Application and allowed your Subscription to expire before the date stated in the Offer Terms. Affirma5 reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time.
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(b) you must provide true, complete and accurate Account information, keep this information updated, and maintain the security of your Account. You are responsible for all activities that occur in connection with your Account (whether or not you authorised the activity) to the extent permitted by applicable law;
(c) you agree not to create an Account if we have previously removed you or your Account from any of the Services, unless we expressly agree otherwise;
(d) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to protect and prevent unauthorised access to your Account. You agree to immediately notify Affirma5 by email at support@affirma5.com of any suspected or actual unauthorised use of your password or email address or any actual or potential breach of security of which you have become aware. Failure to do so may result in the suspension or termination of your Account;
(f) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of Affirma5 providing the Services;
(g) you will not use the Services or the Application in connection with any political purpose or any commercial endeavour except those that are specifically endorsed or approved by Affirma5;
(h) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;
(i) You may not:
(j) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Affirma5 for any illegal or unauthorised use of the Application; and
(k) you acknowledge and agree that any automated use of the Application or its Services is prohibited.
(a) If you purchase a Subscription or other item through the Services, you must provide an accurate and up-to-date payment method acceptable by Affirma5. You authorise Affirma5 to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees that may apply to your order. The designated payment method may include (but is not limited to) your credit card or your third-party payment processing account (including your account with an app store or distribution platform where the Application is made available). Your order is not binding until accepted and confirmed by Affirma5.
(b) In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Terms.
(c) Affirma5 reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if Affirma5 suspects the request or order is fraudulent, or in other circumstances Affirma5 deems appropriate in its sole discretion.
(d) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
(e) You agree and acknowledge that Affirma5 may make changes to your Recurring Subscription including price changes, such as varying the Subscription Fee. You acknowledge and agree that the varied Subscription Fee will come into effect following the conclusion of the existing subscription period (ie, it will take effect at the start of the next subscription period following the date of the price change). You accept the new price by continuing to use the Services after the price change takes effect. If you do not agree to the changes, you have the right to reject the change by cancelling your Subscription as described in clause 3(i) above.
(f) From time to time, we may offer trials of the Application without payment or at a reduced rate ( Trial).We will require you to provide your payment information to start the Trial. Unless you cancel your Trial through your subscription page before the end of the Trial, Affirma5 will automatically charge you for a Subscription on the first day following the end of the Trial, on a recurring monthly or yearly basis. If you are automatically charged in these circumstances, you will not have the right to receive a refund for any amounts paid.
(g) Your purchases are not contingent on the delivery of any current or future functionality, content, or features, or dependent on any oral or written public comments made by Affirma5 regarding such functionality or features.
(h) Affirma5 reserves the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
(a) Affirma5 will only provide you with a refund of the Subscription Fee in the event it is unable to continue to provide the Services or if the manager of Affirma5 makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member. You will not otherwise have the right to receive a refund for any amounts paid to Affirma5.
(b) Any benefits set out in these Terms may apply in addition to consumer rights available under the Australian Consumer Law.
(a) The Application, the Services and all of the related products of Affirma5 are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and foreign countries and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application and the Services (including but not limited to text, layout, graphics, logos, button icons, video images, audio clips, Application code, scripts, illustrations, advertising copy, design elements, interactive features and the ‘look and feel’ of the Application and Services) are owned or controlled for these purposes, and are reserved by Affirma5 or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Affirma5.
(c) Affirma5 grants to you a worldwide, non-exclusive, royalty-free, non-transferable, non- assignable, revocable, limited license whilst you are a Member (and subject to your compliance with these Terms) to:
Affirma5 does not grant you any other rights or license whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Affirma5.
(d) Affirma5 retains all rights, title and interest in and to the Application and all related Services, including all associated intellectual property rights. Nothing you do on or in relation to the Application will transfer any:
(a) Any use of the Services other than as specifically authorised herein, without Affirma5’s prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate Affirma5’s intellectual property rights.
(b) You may not assign your rights and obligations under these Terms, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Application. You may not share the license or contents of the Application with others.
(c) If you sell your device to a third-party, you must remove the Application from the device before doing so.
(d) You must not, without the prior written permission of Affirma5 and the permission of any other relevant rights owners: copy, reproduce, broadcast, republish, upload to a third-party, sell, license, transmit, post, distribute, show or play in public, adapt or change in any way the Application or Services, or third-party Services, for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application which are in the public domain.
(e) Further, you must not:
The following provisions apply if you are accessing or using the Application on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this clause, constitute a custom EULA for the Application for the purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.
(a) Acknowledgement. These Terms are concluded between Affirma5 and you only, and not with Apple. We, not Apple, are solely responsible for the Application and the content thereof.
(b) Scope of License. The license granted to you for the Application under clause 7 of these Terms is limited to a non-transferable license (as described in that clause) to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.
(c) Maintenance and Support. We are not obliged to provide any support or maintenance services with respect to the Application except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(d) Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed under clause 12 of these Terms. In the event of any failure of the Application to conform to any applicable warranty not effectively disclaimed under clause 12, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. You agree that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Affirma5’s sole responsibility.
(e) Product Claims. Subject to clause 14 of these Terms, you acknowledge that we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights. Subject to clause 14 of these Terms, you acknowledge that in the event of any third-party claim that the Application or your possession and use of the Application infringes any third-party’s intellectual property rights, Affirma5, and not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Name and Address. If you have any questions, complaints, or claims with respect to the Application, they should be directed to Affirma5 as specified in clause 25 of these Terms.
(i) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Services.
(j) Third-Party Beneficiaries. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
(a) By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (Submissions), you agree to assign Affirma5 all intellectual property rights in such Submissions. You agree that Affirma5 shall own the Submissions and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.
(b) You are responsible for what you post or upload. By sending us Submissions you:
(c) You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this provision, (ii) any third-party’s intellectual property rights, or (iii) applicable laws.
Affirma5 takes your privacy seriously and any information provided through your use of the Application and/or the Services is subject to Affirma5's Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy posted on the Application and Affirma5 website, which is incorporated into these Terms.
(a) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(c) Use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you "as is" and "as available" with all faults and without warranty or condition of any kind express or implied. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Affirma5 make any express or implied representation or warranty about the Services or any products or services referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(d) For the avoidance of doubt, no oral or written information or advice provided by Affirma5 or its affiliates, directors, officers, employees, agents, contributors and licensors, shall create a warranty of any kind.
(e) Without limiting the foregoing, Affirma5 explicitly disclaims any warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
(f) Affirma5 makes no representation or warranty that the Services will be available on an uninterrupted, timely, secure or error-free basis. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. For the avoidance of doubt, nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection with the Services.
(g) Affirma5 makes no representation or warranty that the Services will meet your requirements, goals or needs. Further, Affirma5 makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.
(h) The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and Affirma5 may allow third parties to make their content and information available on or through the Services (collectively, Third-Party Content). Affirma5 provides Third-Party Content only as a convenience and does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Affirma5 is not responsible for examining or evaluating the content or accuracy of any Third-Party Content, and shall not be liable for any such Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.
(a) The Services are provided for general informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, or to be a substitute for professional medical care or other professional advice.
(b) Affirma5 is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, or in prescribing treatments or determining the effect of any specific treatment on a medical condition. Any content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation.
(c) Affirma5 does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment.
(d)Affirma5 is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services.
(e) You should always consult a medical professional if you have any questions or concerns regarding a medical condition or your physical or mental health. Reliance on any information provided through the Services is solely at your own risk.
(f) You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services. Content in the Services is not a substitute for consulting your own healthcare professionals.
(g) Not all activities described as part of the Services are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You are solely responsible for your use of the Services.
(a)Affirma5's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the greater of (i) the amounts you have paid to Affirma5 for use of the Services; or (ii) $50 Australian dollars (AUD$50).
(b) You expressly understand and agree that Affirma5, its officers, affiliates, employees, agents, contributors and licensors shall not be liable to you for any personal injury or any direct, indirect, incidental, special, consequential, punitive or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of revenue or profit (whether incurred directly or indirectly), any loss of data, any loss of goodwill or business reputation, and any other intangible loss and any other commercial damages or losses, arising out of or related to your use of or inability to use the Services. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between Affirma5 and you.
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Affirma5. Competitors are not permitted to use or access any information or content on the Application. If you breach this provision, Affirma5 will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
(a) The Terms will continue to apply until terminated by either you or by Affirma5 as set out below.
(b)If you want to terminate the Terms, you may do so at any time by sending an email to Affirma5 at support@affirma5.com. However, you will still need to cancel any active Recurring Subscriptions as stated in clause 3(i).
(c)Affirma5 may at any time, for any reason, in its sole discretion, and without notice or liability to you, suspend or terminate the Terms with you. Affirma5 may do so in circumstances including but not limited to the following:
(d) Subject to local applicable laws, Affirma5 reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice including if you breach any provision of the Terms or any applicable law or if your conduct impacts Affirma5's name or reputation or violates the rights of another party.
(e) Affirma5 may change, modify, remove or discontinue any or all or any parts of the Services, at any time and without notice, at its sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to the Services or users of the Services. You also have the right to stop using the Services at any time.
(f) To the extent permitted by applicable laws, Affirma5 is not responsible for any loss or harm related to your inability to access or use the Services, or in relation to any modification, price change, suspension or discontinuation of the Services. Further, Affirma5 has no obligation to update any information on the Services.
(g) Upon suspension or termination of your access to the Services, or upon notice from Affirma5, all rights granted to you under these Terms will cease immediately, and you agree you will discontinue use of the Services (including deleting or destroying the Application).
(h) If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party.
(i) Upon any termination, discontinuation, or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
(a) To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Affirma5, its affiliates, officers, partners, employees, agents, contributors, third-party content providers and licensors (individually and collectively, the Affirma5 Parties) from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) ( Claims) incurred, suffered, arising out of or in any way connected with:
(b)You will promptly notify the Affirma5 Parties of any third-party Claims, cooperate with the Affirma5 Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, legal fees). You also agree that the Affirma5 Parties will have control of the defence or settlement, at Affirma5’s sole option, of any third-party Claims.
If a dispute, claim or controversy arises out of or relates to the Terms ( Dispute), either party may not commence any Tribunal or Court proceedings in relation to the Dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought, including to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights).
(a) A party to the Terms claiming a Dispute has arisen, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute.
(b) If you assert a Dispute has arisen, you will first contact Affirma5 by sending a written notice of your Dispute to Affirma5 by email to support@affirma5.com. Your notice must:
(c) If Affirma5 asserts a Dispute against you, Affirma5 will first contact you by sending a written notice of Affirma5’s Dispute to you via email to the primary email address associated with your Account. Affirma5’s notice must:
On receipt of a Notice, the parties to the Terms must abide by the following:
(a) Within 28 days of the Notice the parties must endeavour in good faith to resolve the Dispute expeditiously by informal negotiation or such other means upon which they may mutually agree.
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, and the parties do not agree to continue their informal negotiations (or their other agreed means of resolving the Dispute), the parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association.
(c) The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation (including but not limited to legal costs).
(d) The mediation will be held in Perth, Australia, or in any other location agreed upon by the parties.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are strictly confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
For the avoidance of doubt, no party shall be compelled to continue mediation or to accept a settlement reached during mediation. Any party may withdraw from mediation at any time by providing written notice to the other party and the mediator, upon which the mediation will be terminated.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in full force and effect.
These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between Affirma5 and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Affirma5 and you regarding the Services.
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without Affirma5’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. Affirma5 may freely assign or transfer its rights and obligations under these Terms without restriction. These Terms shall be binding on, and inures to the benefit of, the parties and their respective and permitted successors and assigns.
Affirma5’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Affirma5. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia. For the avoidance of doubt, this clause is subject to the parties first attempting to resolve any such dispute in accordance with the dispute resolution procedure in clause 16 above.
These Terms and any action related thereto, and the relationship between you and Affirma5, will be governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If you have questions about these Terms or the Services, please contact Affirma5 by email at support@affirma5.com or you can write to us at PO Box 198, Scarborough, Western Australia, 6922.