Terms & Conditions
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Below you will find Paramour’s Terms & Conditions for escorts, advertisers & members.
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1. Overview
1. Overview
(a) Thank you for using Scarlet Blue. We provide a wide range of services, primarily including a digital and online platform to advertise escort services, through our website and emails (collectively, “Service”).
(b) Our online platform consists of our website located at www.paramour.nz (the “Platform”), which is owned and operated by Paramour LTD (“Paramour” “we”, “us”, “our”). Please read these terms and conditions (“Terms”) carefully as they form a contract between Platform users and us (“Agreement”). By using the Platform, you agree with and accept the Terms in this Agreement.
(c) This Agreement, our Privacy Policy and all policies and guidelines related to the Service, together with the New Zealand Consumer Law and Consumer Act 2010 (“New Zealand Consumer Law”), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you must cease to use the Platform immediately.
(d) We reserve the right to amend the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.
2. Scope of Our Services
2. Scope of Our Services
(a) Our Platform is a digital marketplace that connects people seeking escort services (“Users”) with providers who offer those services (“Advertisers”). Users and Advertisers are both “Members” of the Platform for the purposes of this agreement.
(b) We act as an intermediary between Members and our role is limited to facilitating access to the Platform and to the escort services offered by Advertisers (“Advertiser’s Service”) on the Platform.
(c) In providing our Service, we aim to:
- (i) ensure the security, reliability and privacy of the Services and our Members;
- (ii) maintain an image and reputation of Paramour as a responsible provider of escort services; and
- (iii) encourage the responsible use of our Services and discourage any degrading, libelous or illegal uses of the Platform.
(d) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Advertiser’s Service on the Platform.
(e) When the User engages an Advertiser for their services after viewing their profile on the Platform, the User is directly entering into a binding contract with the Advertiser.
(f) We do not become a party to, or participant in, any contractual relationship between Members. We are not acting as an agent or employer in any capacity for any Member.
(g) We have taken all reasonable steps to ensure we, our Platform and our Service at all times complies with the relevant anti-discrimination laws as applicable in each State and Territory, that our Services do not portray people or material in a discriminatory way against a person or section of the community on account of their ethnicity, race, gender, age, sexual orientation, disability or impairment, political or religious belief or activity, or any other attribute as referred to under any State, Territory or Commonwealth anti-discrimination legislation. If a Member believes any aspect of our Platform or Service contravenes these laws, please contact us promptly so that we may resolve the issue.
3. Registration and Access to Service
3.1 Member Use
By accessing the Platform and using our Service as a Member:
(a) You accept these Terms and our Privacy Policy which forms a contractual relationship between you and us;
(b) You represent and warrant that:
- (i) you are at least 18 years of age;
- (ii) you have the right, authority and capacity to agree to and abide by the terms of the Agreement;
- (iii) you will use the Platform in a manner consistent with any and all applicable laws, regulations and all other Paramour policies; and
- (iv) where an incident occurs during the provision of an Advertiser’s Service to a User, including but not limited to any loss, damage or injury, you will notify Paramour of such incident via email within 5 Business Days of the incident or circumstances occurring, notwithstanding your acknowledgment that Paramour is under no obligation to be involved in the resolution of any incident, nor will Paramour be liable to you whatsoever for any loss, damage or injury that may result from the incident.
(c) You agree and acknowledge that:
- (i) we are not a party to, or a participant in, any contractual relationship between Members;
- (ii) notwithstanding clause 3.1(d)(vi), we have no control over of the conduct of our Members or your interactions with other Members (whether in person or online). A User’s obtaining of and an Advertiser’s provision of any Advertiser’s Service is at each party’s own risk. You should always exercise due diligence and care when using the Platform;
- (iii) we do not guarantee the existence, availability, suitability, legality or safety of any Advertiser’s Service;
- (iv) you are responsible for maintaining the confidentiality of your Registration Information at all times and for the activity that occurs under your Account;
- (v) your access to and use of the Platform is non-transferable;
- (vi) we may deny anyone access to an Account, our Service or the Platform at any time and for any reason without notice;
- (vii) we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Members through the Platform (“User Content”, which includes Advertiser’s Material as defined below) and we do not control the accuracy or completeness of User Content; and
- (viii) we are not obliged to confirm the identity of the Platform users, including our Members.
(d) We do not own, create, sell, resell, provide, control, manage, deliver or supply any Advertiser’s Service on the Platform.
(e) When the User engages an Advertiser for their services after viewing their profile on the Platform, the User is directly entering into a binding contract with the Advertiser.
(f) We do not become a party to, or participant in, any contractual relationship between Members. We are not acting as an agent or employer in any capacity for any Member.
(g) We have taken all reasonable steps to ensure we, our Platform and our Service at all times complies with the relevant anti-discrimination laws as applicable in each State and Territory, that our Services do not portray people or material in a discriminatory way against a person or section of the community on account of their ethnicity, race, gender, age, sexual orientation, disability or impairment, political or religious belief or activity, or any other attribute as referred to under any State, Territory or Commonwealth anti-discrimination legislation. If a Member believes any aspect of our Platform or Service contravenes these laws, please contact us promptly so that we may resolve the issue.
3.2 Advertiser Use
(a) To obtain access to our Service as an Advertiser, you must register for an account with us (“Account”) and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.
(b) To use our Service, you must provide us with current, complete and accurate contact information, and other information (some of which is not mandatory) including, but not limited to, your working name, phone number, a valid email address, and password (“Registration Information”).
(c) If your Registration Information changes, you must promptly update your Account to reflect those changes.
(d) By accessing the Platform and using our Service as an Advertiser, you agree and acknowledge that:
(i) you are over 18 and will not imply that you are under the age of 18;
(ii) you are independent and not working for or associated with any escort agency;
(iii) you are the legal owner of any information or material (such as photographs or videos) posted to our Platform (“Advertiser’s Material”), that it relates only to you and that no other third party has any right to the Advertiser’s Material;
(iv) you will not impersonate or pose as any other person;
(v) all information and material that you post to the Platform relates only to you;
(vi) you will not send another person in your place for any appointment;
(vii) you will not refer User to any other advertising directory, website, or other platform for escort services, and that you will not use our Platform for any of those purposes;
(viii) you (or any Related Entity or Related Party or Associated Entity (as defined in the Companies Act 1993 do not have a concurrent interest in another website, business or venture that competes with our Platform, our Services, or Paramour;
(ix) Paramour reserves the right to deregister or delete an Advertiser profile for any reason without liability;
(x) you are not engaged as an agent or employee of Paramour and there is no contractual or implied relationship of employee/employer, agency, or independent contractor, between Paramour and the Advertisers. It is the express intention of Paramour and the Advertisers that any such relationships are denied; and
(xi) Paramour does not make any guarantees as to how often Advertisers will be contacted by Users.
4. Use of Platform
4.1 Member Use
By accessing the Platform, you must:
(a) use the Platform for lawful purposes only;
(b) not commit any act or engage in any practice that:
(i) is harmful to our systems, reputation or goodwill; or
(ii) interferes with the integrity of the Platform, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
(c) not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
(d) not restrict, or attempt to restrict, another user from using the Platform;
(e) not encourage or facilitate violations of the Terms;
(f) not distribute or send communications that contain:
(i) spam, chain letters, fraudulent goods or pyramid schemes;
(ii) false, forged or misleading information; or
(iii) harassment or malice (such as “mailbombing” or “trolling”, or constitute harassment either in size or frequency of messages or language;
(g) not harvest or otherwise collect information about others, including Registration Information, without their consent;
(h) not bypass measures used to prevent or restrict access to our Service;
(i) not interfere with, transmit, sell, host, store or post any material on the Platform which interferes with the privacy of, or is intended to harass, intimidate, act violently or inappropriate towards or be discriminatory against another Member or is unlawful, defamatory, threatening, harmful, inflammatory or otherwise objectionable; and
(j) not infringe any intellectual property rights or any other contractual or proprietary rights of another Member or third party.
4.2 Advertiser Use
(a) The Advertiser acknowledges and agrees to Paramour:
(i) requiring an Advertiser to change its registration details or use a different method of accessing the Website from time to time;
(ii) publishing the Advertiser’s Material supplied by the Advertiser, including photographs and information, on the Platform and any other websites or platforms managed by Paramour, to promote the Services;
(iii) cropping or editing the Advertiser’s Material, if required, to improve the Advertiser’s listing or to fit within the Platform layout;
(iv) publishing the Advertiser’s Material as it is received Advertiser unless told otherwise by the Advertiser in writing at the time of providing the Advertiser’s Material;
(v) reviewing and approving the Advertiser’s Material before it will be displayed on the Platform, and where required, requesting the Advertiser to amend the Advertiser’s Material if does not comply with the relevant State, Territory or location laws where they advertise. Any failure to comply with this request may result in the refusal to display or removal of the Advertiser’s Material from the Platform by Paramour without compensation to the Advertiser; and
(vi) declining regular request by an Advertiser, in its absolute discretion, to image changes where the requests are made frequently, including but not limited to requests to change the City Slider image, where the request is made more than once every three months.
(b) The Advertiser warrants that:
(i) they have obtained and maintained all consents, licences and approvals required to lawfully advertise and provide escort or sex work services in the relevant location where they advertise or provide such services;
(ii) their advertisement is compliant with all relevant state and territory laws in the location where they are advertising or providing the Advertiser’s Services, including all relevant anti-discrimination laws in both the Advertiser’s Material and the Advertiser’s Service;
(iii) they will indemnify Paramour against all claims, loss and damage suffered as a result of the Advertiser’s breach of this clause 4.2(b)(i) and (ii).
(c) The Advertiser acknowledges and agrees that:
(i) they are responsible for the personal content and any changes to the content of the Advertiser’s personal website purchased and made available through the Platform;
(ii) Paramour retains all Intellectual Property Rights in the personal websites;
(iii) the Paramour logo forms part of the personal website layout and is not to be removed;
(iv) the personal website will be of the same look and functionality as the Paramour website, that any customisation must be requested in writing, including details of the customization and that Paramour will then provide a quote for the customisation works;
(v) Paramour is the administrator of all personal websites purchased and made available through the Platform and reserves the right to make changes to the personal website where it is no longer compliant with this Agreement; and
(vi) if the administrative login details to a personal website are passed on to a third party by the Advertiser, Paramour will no longer be responsible for or provide technical support.
4.3 Advertiser’s Material and Image Verification
(a) Members acknowledge that there may be differences between Advertiser’s Material and the Advertiser in real life.
(b) Paramour provides a non-compulsory Image Verification procedure that only reflects Paramour’s assessment, after making reasonable enquires, that the Advertiser’s Material is that of the Advertiser. Paramour will not be liable for any loss or damage suffered by a User as a result of their reliance on the Image Verification procedure.
(c) Where a complaint is received about the authenticity of the Advertiser’s Material, Paramour will conduct the Image Verification procedure and may, in its absolute discretion, suspend an Advertiser’s account while the procedure is being completed to Paramour’s satisfaction.
(d) Where an Advertiser is found to have outdated Advertiser’s Material or the Advertiser’s Material is misrepresentative or misleading, Paramour may, in its absolute discretion, request new Advertiser’s Material. If the request is refused, Paramour may cancel the Advertiser’s subscription.
(e) Where an Advertiser elects or is required to participate in the image Verification procedure, a verification photo must clearly show identifying features which would reasonably allow Paramour to verify that Advertiser’s identity through comparing the verification photo with the photos on the Advertiser’s profile.
(f) Identifying features may include, but are not limited to, a photo or photos:
(i) showing matching clothing or undergarments from the photos on the Advertiser’s profile;
(ii) showing the Advertiser’s facial features if the photos on the Advertiser’s profile shows their facial features;
(iii) showing the Advertiser’s body; and
(iv) showing any other distinctive physical features the Advertiser has, such as tattoos, piercings, or other features.
(g) If Paramour is satisfied in its sole discretion that the verification photo matches the photos and material posted in the Advertiser’s profile, it may mark the profile with the “Photos Verified” seal.
5. User Content
5. User Content
(a) You are solely responsible for User Content:
(i) you post, publish or otherwise transmit through the Platform; and
(b) You grant us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy, store and exploit your User Content for our business or commercial purposes, including in designing and posting Advertiser profiles on our website.
(c) The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content or comments and malicious use of the Platform.
6. Payment Terms
6.1 Payment Method
(a) Fees payable under this Agreement may be paid for using a credit card or bitcoin, using the payment details provided by Paramour from time to time.
(b) We reserve the right to change the payment processing service provider from time to time.
(c) We reserve the right to delay or cancel any payment for purposes of preventing unlawful activity, fraud, risk assessment, security or investigation.
(d) The Member is responsible for:
(i) ensuring that their nominated Payment Method has sufficient funds to pay the fees;
(ii) paying all bank fees, including fees charged by your bank for an overdraw of your account as a result of payment of the Fees; and
(iii) if any payment fails, any reasonable administration fees.
6.2 Subscription Fees
(a) We charge fees to Advertisers in consideration for the access to and use of the Platform every month, in advance (“Subscription Fees”).
(b) The Subscription Fees are displayed on our website and unless otherwise expressly stated, are all in New Zealand Dollars (NZD).
(c) We reserve the right to change the Subscription Fees at any time and we will provide you with reasonable notice of any changes to the Subscription Fees before they become effective. All Subscription Fees are set out on our Website and updated regularly.
(d) You are responsible for paying any Subscription Fees that you owe to us. Except as otherwise provided in these Terms, Subscription Fees are non-refundable.
6.3 Fees between Members
(a) Payment arrangements between Advertisers and Users are to be arranged solely between the Advertiser and User. We do not accept any liability or responsibility for the payment of fees by Users to Advertisers in exchange for the Advertiser’s Services.
7. GST
7. GST
(a) The parties agree that the Subscription Fees are to be considered inclusive of GST (as per the meaning within A New Tax System (Goods and Services Tax) Act 1985. GST becomes payable on any party making a supply under this Agreement.
(b) As of the date of this Agreement, Paramour is registered for GST and agrees to promptly inform its Members of any changes to that status.
8. Cancellations and Refunds
8. Cancellations and Refunds
(a) No refunds will be provided if an Advertiser changes their mind about using the Services before the end of the period that the relevant Subscription Fee they have paid for in advance applies.
(b) Where there is a major problem with the Service that constitutes a failure by us to meet a guarantee provided for under the New Zealand Consumer Law, an Advertiser may:
(i) be entitled to cancel their subscription and receive a refund for services not yet consume; or
(ii) elect to continue with their subscription and receive compensation for amount equal to the different in value between the Service received and what was paid; and
(iii) contact us to report the major failure with the Service and we will facilitate the refund or compensation promptly, which may take up to 7 days to be received into an Advertiser’s nominated bank account.
(c) As a User, by securing an Advertiser’s Service through the Platform, you accept and agree:
(i) to any cancellation or refund policy (including any cancellation fees) that may be imposed by the Advertisers in the event of a User making a cancellation with the Advertiser; and
(ii) to any additional terms and conditions of the Advertiser’s Service that may apply to you.
(d) For the avoidance of doubt, we are under no obligation to facilitate refunds between Members or to resolve any disputes between members.
(e) Users acknowledge that we have no control of any Advertiser’s cancellation and refunds policy that may apply and that we are not liable to Users for any loss or damage that may occur where a request for a cancellation or refund is refused by an Advertiser.
9. Intellectual Property Rights
9. Intellectual Property Rights
(a) In these Terms, “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(b) We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Platform or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Platform (collectively, “Platform Content”). Your use of and access to the Platform does not grant or transfer any rights, title or interest to you in relation to the Platform Content and you must seek our prior written consent to use any such Platform Content.
(c) You may access the Platform using a web browser or mobile device, and electronically copy and print hardcopy the Platform Content solely for your personal, non-commercial use.
(d) You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Platform Content or any other material in whatever form contained within the Platform unless expressly stated otherwise in these Terms.
(e) The Advertiser grants Paramour with a worldwide, royalty-free, non-exclusive, irrevocable licence to copy, distribute, reproduce, publish and transmit the Advertiser’s Material for the purposes of promoting the Services and warrants that the Advertiser is authorised to grant such a licence.
(f) If an Advertiser submits any material, including User Content, to the Platform which contains music or audio content which is owned by another person or entity other than the Advertiser, Paramour may request that the Advertiser submit written evidence that they have obtained a licence to use that material. Paramour may place the material containing the music or audio content into moderation before it approves and publishes the material online, until which time, the audio material will be muted.
10. Third Party Links
10. Third Party Links
The Platform may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third party directly to enquire as to the accuracy and completeness of that information prior to entering into a transaction in relation to the third-party products and services.
11. Disclaimer
11. Disclaimer
To the fullest extent permitted by law, you agree and acknowledge that:
(a) our Service is provided “as is” and “as available” and the entire risk arising out of your use of our Service remains solely with you;
(b) we do not control, endorse and are not responsible for any User Content and accept no responsibility for the completeness or accuracy of any User Content;
(c) we retain complete control over the Platform and may alter, amend or cease the operation of the Platform at our discretion;
(d) we make no representation or warranty in relation to the Platform, the Services or the User Content;
(e) we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Platform;
(f) we make no warranty or representation that the Platform, including the search for information functionality, will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times;
(g) we make no warranty or representation as to the suitability for a view of the information available on the Platform, including User Content and Advertiser’s Material, by minors or any other person;
(h) we recommend Members use only personal computers and personal email addresses when accessing and using the Platform as we may send communications that are considered to be of a sensitive or personal nature;
(i) the Platform is a directory only, and Users should make reasonable efforts to satisfy themselves about the accuracy of the Advertiser’s profile, and the legitimacy, suitability, and qualification of the Advertiser to provide the Advertiser’s Service;
(j) we make no warranty or representation that the images and photos shown in an Advertiser’s profile are true and correct;
(k) we make no warranty or representation that the Advertiser a User meets in person is the same person that is shown in the Advertiser’s profile; and
(l) we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
12. Exclusion and Limitation of Liability
12. Exclusion and Limitation of Liability
(a) To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
(i) your use or inability to use the Platform or Services, including the cancellation, medication, suspension or delay of the Platform or Services;
(ii) if you are a User, your use of Advertiser Services;
(iii) if you are an Advertiser, your provision of Advertiser’s Services;
(iv) the User Content;
(v) any interactions between Members, including any injury or harm suffered as a result of that arrangement, including but not limited to permanent disability, sexually transmitted diseases, defamation, theft, rape or other indecent assault, harassment, stalking, bullying, suicide, misconduct, or death;
(vi) the conduct of other Members;
(vii) any Member breaching or failing to comply with any applicable laws;
(viii) any Member breaching or failing to comply with any applicable Advertiser terms and conditions; and
(ix) unauthorised creation, access or use of your personal information, Member Account or your User Content, even if we have been advised of the possibility of such loss.
(b) To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
(c) Pursuant to ____ of Schedule __ of the New Zealand Consumer Law, this clause __ applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the New Zealand Consumer Law (other than those conferred by ___ to ___ of the New Zealand Consumer Law) is limited at our option to:
(i) the re-supply of the services or products; or
(ii) the payment of the direct cost of having the services or products resupplied.
13. Privacy
13. Privacy
We will collect, use and disclose any personal information you provide us when accessing or using the Platform in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.
14. Indemnity
14. Indemnity
(a) Advertisers and Users agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Platform, User Content, your breach of the Terms or any rights of third parties and any action we are permitted or required to do under the Terms. This includes but is not limited to any:
(i) claim against Paramour and/or its directors, officers and employees concerning any tax, levy, registration or insurance arising out of the provision of the Advertiser’s Service other than any tax, levy, registration or insurance for which Paramour is responsible under this Agreement; and
(ii) claim against Paramour and/or its directors, officers and employees concerning a health and safety incident or issue that is connected to the Advertiser’s performance of the Advertiser’s Service.
(b) We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.
15. Termination
15. Termination
(a) Advertisers may terminate this Agreement through the account management function available through the Platform and. termination will be effective immediately.
(b) Advertisers shall remain obligated to complete any outstanding payment for any Subscription Fee incurred before the Agreement termination date.
(c) We reserve the right to:
(i) cease operating the Platform, without notice and for any reason; and/or
(ii) terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms; and/or
(iii) terminate our relationship with an Advertiser without notice and with immediate effect if:
a. a complaint is received about the Advertiser by a third party;
b. where a third party takes action against Paramour for any act, omission or negligence on the part of the Advertiser;
c. where an Advertiser fails to participate in the Image Verification procedure or the procedure fails;
d. representing that the photos or material of another person are their own;
e. an escort agency posing as an independent escort;
f. sending another person in their place for any Advertiser Services to a User;
g. using our Platform to refer Users to another advertising directory or other website other than the Advertiser’s personal website; and
h. using photos or material owned by a third party.
(d) If one of the events described in clause 15 occurs, then:
(i) the Advertiser will not have any access to the Platform, your Account or User Content;
(ii) we will remove the Advertiser’s Material from the Platform however we will not be responsible for the visibility of the Advertiser’s Material on third party search engines; and
(iii) we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Platform.
16. Dispute Resolution
16. Dispute Resolution
(a) We reserve the right, but have no obligation, to monitor disputes between Members.
(b) If a dispute arises out of or relates to this Agreement as between us and a Member, a party must not commence legal proceedings relating to this Agreement unless the Party wishing to commence proceedings has complied with this clause 16. However, this clause will not apply where a party seeks urgent interlocutory relief from a court.
(c) The parties shall without delay and in good faith cooperate and use their best endeavours to resolve by mutual agreement any dispute or differences between them and all other difficulties which may arise from time to time concerning this Agreement.
(d) If a dispute arises between the parties out of or relating to this Agreement (“Dispute”) then:
(i) the party alleging the Dispute must notify the existence and nature of the Dispute to the other Party within 10 days of the dispute arising (the “Notification”);
(ii) upon receipt of a Notification the parties must commence negotiations to resolve the Dispute;
(iii) if the Dispute is not resolved as provided in paragraph (ii) within 10 days of receipt of the Notification, then any party may refer the Dispute to mediation as provided in paragraph (iv) and must do so before initiating proceedings in a court to resolve the Dispute;
(iv) any Dispute which is referred to as mediation can be referred to the Resolution Institute and be conducted in accordance with the Mediation Rules of the Resolution Institute or the parties may appoint a Mediator by mutual agreement; and
(v) if the Dispute is not resolved within 30 days of referral to Mediation, any party is free to initiate proceedings in a court in respect of the Dispute.
17. General
17.1 No Waiver
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
17.2 Severability
If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
17.3 Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand and Courts of Appeal from them for determining any dispute concerning these Terms.
17.4 Assignment
Paramour may at any time assign any and all of its rights, obligations and liabilities under this Agreement. Members are not entitled to assign any of their rights, obligations or liabilities under this Agreement without the prior written consent of Paramour, it is absolute discretion.
17.5 Feedback and Contact
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Platform and our Service (“Feedback”). You may submit Feedback by contacting us through the Platform.
