Effective on May 1, 2025

1.   INTRODUCTION

Welcome to PALLZ! These Terms & Conditions (“Terms”) govern your use of the PALLZ (the "app") and Services (www.meetpallz.com, the "website"), operated by PALLZ PTY LTD (“Company,” “we,” “us”, "our"). By accessing or using PALLZ, you agree to be bound by these Terms including our privacy policy, cookie policy, code of conduct and safety first tips - it is important you read this Agreement and our policies prior to creating an account. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

These terms and conditions (along with our other policies listed) may be updated at any occasion, we encourage you to check this page regularly for updates. Notice of these changes may done via email or other mean; however, you are responsible for checking this page of any updates. By continuing to use our Services, you agree to any updates to the Terms and will be legally bound by them. If you do not accept the changes, you must stop using our Services immediately. PALLZ PTY LTD further reserves the right to update the availability of subscription plan features.

2.   ELIGIBILITY TO USE PALLZ

Prior to creating an account with PALLZ, ensure you're are eligible to use our App and Services. You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

a)     You are an individual, not a business entity, and are at least 18 years old;

b)    You are legally able to enter into a binding agreement with PALLZ;

c)     Your use of the App and Services is aimed at forming genuine connections with good intentions;

d)    You are not located in a country subject to Australian Government sanctions or classified as a "terrorist-supporting" nation;

e)    You are not prohibited by any laws from accessing or using our App or Services;

f)      You have not been convicted of, or pled guilty to, any serious criminal offenses, including felonies, violent crimes, or sex-related offenses, unless you have been granted clemency for a non-violent crime and we determine that you are not a risk to other users;

g)    You are not required to register as a sex offender under any local, state, or national law;

h)    You do not have multiple accounts on our Services; and

i)      You have not been previously removed from our Services or any affiliated services, unless you have received written permission from us to create a new account.

By registering, you confirm that the information you provide is accurate and truthful. If you no longer meet these requirements at any point, your authorization to access our Services or App will be automatically revoked. You must promptly delete your account, and we reserve the right to terminate your access to our Services without prior notice.

You agree to:

a)     Adhere to these Terms and regularly check this page for any updates.

b)    Follow all applicable laws, including but not limited to privacy laws, intellectual property laws, anti-spam regulations, and other legal requirements.

c)     Use the most current version of the Website and/or App.

d)    Treat other users with courtesy and respect, both on and off our platform.

e)    Engage respectfully with our customer care team and other staff members.

f)      Familiarize yourself with the Safety First tips.

g)    Keep your password secure and take reasonable precautions to protect your login details.

h)    Present yourself authentically and respectfully by uploading at least one clear photo that shows your face.

By using our Services, you agree not to:

a)     Falsify your identity, age, past or current job positions, qualifications, or associations with any person or organization.

b)    Use the Services in a way that harms, disrupts, or prevents others from using them.

c)     Interfere with, damage, or negatively impact the platform, its servers, or its networks.

d)    Engage in illegal, harmful, or unethical activities, including but not limited to using Virtual Items for money laundering or other financial crimes.

e)    Harass, bully, stalk, intimidate, threaten, defame, assault, or cause harm to any individual.

f)      Share or post content that violates our guidelines (see Prohibited Content section).

g)    Request passwords, personal information, or sensitive data from others for commercial or unlawful purposes, or share someone else's personal information without their consent.

h)    Ask for money or items of value from other users, whether as a gift, loan, or form of compensation.

i)      Use another person’s account.

j)      Participate in fraudulent schemes, pyramid schemes, or similar deceptive practices.

k)     Use the Services to raise funds for political campaigns or attempt to influence elections, except when sharing personal political views.

l)      Violate the terms of the license granted to you (see Section 5).

m)   Share confidential or proprietary information that you are not authorized to disclose.

n)    Copy, modify, distribute, transmit, or create derivative works from Member Content, Our Content, or any intellectual property—including copyrighted material, trademarks, trade names, or proprietary information—without prior written permission.

o)    Imply or claim that your statements are endorsed by us.

p)    Use bots, crawlers, scrapers, proxies, or any automated/manual method to access, retrieve, index, or mine data from our platform.

q)    Upload viruses, malware, or other harmful code that could compromise the security of our Services.

r)      Manipulate headers or identifiers to disguise the origin of transmitted data.

s)     "Frame" or "mirror" any part of our Services without written authorization.

t)      Use meta tags, code, or similar techniques referencing our platform (including our name, trademarks, or slogans) to redirect users to another website.

u)    Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any part of our Services.

v)     Develop or use third-party applications or services that interact with our platform or user data without written consent, including AI or machine learning tools.

w)   Access, use, or publish our application programming interface (API) without permission.

x)     Probe, scan, or test our system’s security vulnerabilities.

y)     Encourage or participate in any activity that violates these Terms.

z)     Attempt to create a new account after your account has been suspended or terminated unless given express permission.

If you engage in any of the above activities, your license to use our App and Services is automatically revoked, and we will suspend or terminate your access.

PALLZ strictly prohibits uploading or sharing content that:

a)     Could reasonably be considered offensive, harassing, upsetting, embarrassing, alarming, or annoying to others.

b)    Contains explicit, pornographic, or violent material, nudity, or anything that may compromise human dignity.

c)     Is abusive, threatening, discriminatory, or promotes racism, sexism, hatred, or bigotry.

d)    Encourages or facilitates illegal activity, including but not limited to terrorism, inciting violence, or committing a criminal offense.

e)    Promotes or facilitates self-harm, eating disorders, dangerous challenges, or violent extremism.

f)      Is defamatory, false, or misleading.

g)    Involves commercial activities such as sales, competitions, promotions, advertising, solicitation for services, or transactional relationships (e.g., "sugar daddy" or "sugar baby" arrangements).

h)    Involves the transmission of spam or junk mail.

i)      Contains malware, spyware, viruses, or any harmful code designed to damage, disrupt, or interfere with software, hardware, networks, or personal data.

j)      Violates the rights of others, including intellectual property or privacy rights.

k)     Was not created by you or is automatically generated, unless explicitly authorized by PALLZ.

l)      Includes another person's image or likeness without their consent, or features a minor without parental or guardian approval. PALLZ does not allow unaccompanied minors in photos, and such content will be removed.

m)   Is inconsistent with the intended purpose of the platform.

n)    Damages the reputation of PALLZ or its affiliates, including content that misrepresents, defames, or encourages misuse of the platform.

PALLZ PTY LTD reserves the right to suspend or terminate accounts violating these guidelines.

3.   CONTENT OWNERSHIP & LICENSING 

Understanding your rights and responsibilities regarding content on PALLZ is essential, including any content you post or share. You are strictly prohibited from posting inappropriate content. While using our platform, you will encounter:

1.    Your Content – Any content you upload, create, or provide while using oallz, including content generated with platform tools.

2.    Member Content – Content uploaded or shared by other users.

3.    Our Content – Content owned and provided by PALLZ.

A.   Your Content

You are solely responsible for any content you share on PALLZ. Avoid posting anything that violates these Terms, exposes you or others to legal risk, or that you wouldn't want widely shared. You agree to indemnify and hold PALLZ harmless from any claims related to Your Content.

You confirm that any information you provide is accurate and will be updated as necessary. Your profile should reflect the intended purpose of the platform and must not contain prohibited content. Additionally, you may not share personal contact, banking, or payment details (e.g., phone numbers, addresses, credit/debit card details, or peer-to-peer payment usernames). If you choose to share personal information with other users, you do so at your own risk.

Your profile and content may be visible to other users worldwide, who may share it with third parties. By posting, you confirm that you have the necessary rights to share Your Content and grant PALLZ a license to use it as outlined in Section 6.

PALLZ may provide tools to enhance content creation, but you remain responsible for ensuring accuracy and appropriate use. We reserve the right to monitor, review, edit, limit, or remove any of Your Content at our discretion. However, we are not obligated to display or review it.

      B. Member Content

While you will have access to Member Content, it remains the property of the original user. You may not copy, distribute, or use it for commercial purposes, spam, harassment, or any unlawful activity. Member Content may not always be accurate, and you should independently verify any information before relying on it.

Users are responsible for their own content and its impact. Any misuse of Member Content may result in account termination.

      C. Our Content

All other content on PALLZ, including text, images, graphics, trademarks, and intellectual property, belongs to PALLZ and is protected by copyright and trademark laws. You are granted a limited license to access and use Our Content under Section 5, but all other rights remain reserved.

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By posting content on PALLZ, you grant PALLZ PTY LTD a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, display, store, and distribute the content as necessary to operate and improve PALLZ.

4.    PRIVACY & DATE USAGE

Your privacy matters to us. We have a dedicated policy outlining how we handle your personal information, which we encourage you to review. To learn how PALLZ and its affiliates collect, use, and share your data, please refer to our Privacy Policy. 

When you sign up for an event or purchase a ticket through PALLZ, you agree that we may share necessary information with business partners facilitating the event. PALLZ PTY LTD is not liable for any third-party actions or events.

By using our services, you agree to the terms outlined in our Privacy Policy.

5.    YOUR RIGHTS TO USE PALLZ

PALLZ grants you the right to access and enjoy our App and Services, provided you comply with these Terms. As long as you follow these Terms, we grant you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to use our Services as intended by PALLZ and in accordance with applicable laws. If you fail to comply with these Terms, this license and any authorization to access our Services will be automatically revoked.

6.    RIGHTS YOU GRANT PALLZ

You retain ownership of all content you provide to PALLZ, but by using our Services, you grant us certain rights to use it as outlined in this Agreement.

By creating an account, you grant PALLZ a worldwide, perpetual, transferable, sub-licensable, royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make Your Content available to the public. This includes any information you authorize us to access from third-party sources (if applicable), in any format or medium, whether currently known or developed in the future.

This license is non-exclusive, except for derivative works created through our Services. For example, PALLZ would have an exclusive license to screenshots of our platform that include Your Content. Additionally, to help prevent unauthorized use of Your Content outside our Services, you authorize PALLZ to act on your behalf regarding infringement by third parties, including sending copyright takedown notices when necessary. However, PALLZ is not obligated to take such actions.

Our license to Your Content is subject to your rights under applicable laws, including those protecting personal information. In exchange for using PALLZ, you agree that we, our affiliates, and third-party partners may place advertising on our platform.

If you provide feedback or suggestions about PALLZ, you agree that we may use and share them for any purpose without compensation.

You also acknowledge that PALLZ may access, store, and disclose your account information, including Your Content, if required by law or in good faith belief that such action is necessary to:

(i) comply with legal obligations,

(ii) enforce these Terms,

(iii) investigate potential violations,

(iv) respond to claims of content infringement,

(v) provide customer support, or

(vi) protect the rights, safety, or property of PALLZ, its users, or others.

7.    PAYMENTS & SUBSCRIPTION CANCELLATION

You may have the opportunity to purchase products and services from PALLZ. If you choose to subscribe, your subscription will automatically renew, and you will be charged until you cancel. PALLZ may offer products and services for purchase through the App Store, Google Play, or other authorized external services (each an "External Service," and any purchases made through them, an "External Service Purchase"). Additionally, PALLZ may offer products and services for purchase via credit card or other payment processors on the website or within the app ("Internal Purchases").

If you purchase a subscription, it will continue to renew until you cancel, as per the terms disclosed at the time of purchase. If you cancel your subscription, you will retain access to your subscription benefits until the end of your current billing period, after which your subscription will expire. As PALLZ can be used without a subscription, cancelling your subscription does not remove your profile from our services. To fully terminate your membership, you must follow the steps outlined in Section 9.

PALLZ operates in Australia, and pricing may vary based on factors such as subscription length, bundle size, previous purchases, and account activity. We also test new features and payment options from time to time. If there is a price change for a renewed subscription, we will notify you in advance via email or other communication linked to your account. If you do not wish to accept the new pricing, you may cancel your subscription according to the instructions provided. If you do not cancel in time, your subscription will renew at the updated price, and you authorize us to charge your selected payment method.

To the extent permitted by law, PALLZ reserves the right to limit or discontinue any product, feature, service, or promotion without prior notice. We may impose conditions on promotional offers and have the right to refuse transactions at our discretion.

A.  External Service Purchases and Subscriptions

Purchases made through External Services, such as Apple ID or Google Play, must be managed directly through your External Service account. Subscriptions will continue to renew automatically unless cancelled. The External Service account you use for your purchase will be charged in accordance with its terms and applicable tax regulations, which may change over time.

To cancel a subscription purchased through an External Service:

1.    Apple ID: Go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your PALLZ subscription and follow the instructions to cancel. More assistance is available at https://getsupport.apple.com.

2.    Google Play: Open the Google Play app on your mobile device, go to Menu > My Apps > Subscriptions, then find your PALLZ subscription and follow the instructions to cancel. Additional support can be found at https://play.google.com.

If you cancel, you will retain access to your subscription benefits until the end of your billing period. If a chargeback or payment reversal is initiated, PALLZ may immediately terminate your account.

B.   Internal Purchases and Subscriptions

Internal Purchases, including subscriptions and tickets to events, are processed through the payment method you provide within the PALLZ app or website. Subscriptions automatically renew unless cancelled. By making an Internal Purchase, you agree to pay the displayed price and any applicable taxes. You authorize PALLZ to charge your provided payment method and to correct any billing errors.

If your payment method is declined due to expiration, insufficient funds, or other reasons, you remain responsible for any outstanding charges, and we may attempt to reprocess the payment. You can update your payment details through the settings section of the app or website. Failure to maintain a valid payment method may result in the termination of your subscription.

C.  Virtual Items

Virtual items, such as in-app credits, are non-refundable and cannot be transferred or redeemed for real-world value. They are provided under a limited, personal, non-transferable license. PALLZ may modify or discontinue virtual items at any time without liability.

D.  Refunds

Generally, all purchases are final and non-refundable. If Australian consumer law or other applicable regulations entitle you to a refund, you may request one through the appropriate process. Refunds for External Service purchases are handled by the respective service provider (Apple or Google Play). If you believe you are entitled to a refund for an Internal Purchase, please contact PALLZ customer support with your order details.

For any questions regarding subscriptions, payments, or refunds, please reach out to PALLZ support at [hello@meetpallz.com].

8.    PAYMENT SAFETY

Users should report any unauthorized transactions immediately to [hello@meetpallz.com]. PALLZ PTY LTD is not responsible for losses due to fraudulent transactions beyond our control.

9.    ACCOUNT TERMINATION

If you no longer wish to use PALLZ, or if we terminate your account for any reason, here’s what you need to know.

You can delete your account at any time by logging into the App, navigating to the “Profile” tab, selecting “Settings” (the gear icon), and following the instructions to close your account. However, if you have an active subscription through an External Service (such as the App Store or Google Play), you must cancel or manage it directly through that service to avoid further charges.

PALLZ reserves the right to investigate and, if necessary, suspend or terminate your account without a refund if we believe you have violated these Terms, misused our Services, or engaged in behaviour we consider inappropriate or unlawful—whether on or off our platform.

We may use any available personal, technological, legal, or other means to enforce these Terms at any time, without liability and without prior notice, including restricting your access to the Services.

If your account is terminated, whether by you or by PALLZ, these Terms will continue to apply, and you will not be eligible for a refund for any prior purchases. Your data will be handled in accordance with our Privacy Policy.

10. CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

PALLZ does not conduct criminal background or identity verification checks on its users. While we encourage a respectful and safe environment, PALLZ is not responsible for the actions or conduct of any user, whether on or off the platform. We recommend using your best judgment when interacting with others and reviewing our Safety Advice Tips before matching and/or meeting someone in person.

You understand that PALLZ does not conduct criminal background or identity verification checks on users, nor do we investigate the backgrounds of our users. PALLZ makes no representations or warranties regarding the conduct, identity, health, physical condition, intentions, legitimacy, or truthfulness of any user.

While PALLZ reserves the right to conduct background checks or screenings (such as sex offender registry searches) using publicly available records, we are not obligated to do so. If we decide to perform any such checks through a consumer reporting agency, you authorize PALLZ to obtain and use your consumer report to determine your eligibility under these Terms.

You are solely responsible for your interactions with other users. Background screenings, including sex offender checks and other tools, do not guarantee your safety and should not replace the importance of following our Safety Guidelines and using common sense precautions. Always exercise caution and take appropriate safety measures when communicating with or meeting new people.

Please note that communications received through PALLZ, including automated notifications, may come from users engaging in the service for improper purposes, such as fraud, harassment, or abuse.

11. DISCLAIMER

PALLZ provides its Services on an “as is” and “as available” basis. We do not make, and cannot guarantee, any representations regarding the content, features, or functionality of our Services or user-generated content. To the fullest extent permitted by applicable law, PALLZ makes no warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement.

PALLZ does not guarantee that:

(a) The Services will be uninterrupted, secure, or error-free,

(b) Any defects or issues will be identified or corrected, or

(c) Any content or information obtained through the Services will be accurate, complete, up-to-date, or suitable for your purposes.

Additionally, PALLZ makes no promises regarding the number of active users at any time, users’ willingness to engage with you, or the compatibility and conduct of those you meet through the platform.

PALLZ is not responsible for any content that you or other users post, send, receive, or act upon through the Services. We do not verify the identity, intentions, legitimacy, or truthfulness of users you interact with. Any materials downloaded or accessed through PALLZ  are done so at your own discretion and risk.

PALLZ is not liable for any damage to your devices, software, or technology, including but not limited to damage caused by security breaches, viruses, bugs, hacking, fraud, errors, interruptions, defects, delays, or network failures. You acknowledge that the use of PALLZ is at your own risk.

12. ADS & THIRD-PARTY CONTENT

PALLZ may include advertisements and promotions from third parties, as well as links to external websites or resources. Additionally, our Services may offer opportunities to watch ads in exchange for Virtual Items. However, PALLZ does not guarantee that such advertisements will always be available, nor that you will always be eligible to watch them.

PALLZ may also provide non-commercial links or references to third-party content within our platform. We are not responsible for the availability or content of external websites or resources, nor do we endorse any products or services offered by third-party websites or resources.

If you decide to interact with third parties through our Services, their terms and conditions will apply to your interactions. PALLZ is not responsible for, nor does it endorse, the terms or actions of these third parties.

13. LIMITATION OF LIABILITY

PALLZ’s liability is limited to the fullest extent allowed by applicable law. To the maximum extent permitted by law, PALLZ, its affiliates, employees, licensors, or service providers will not be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including but not limited to the loss of profits (whether direct or indirect), or any loss of data, use, goodwill, or other intangible losses, resulting from:

(i) Your access to or use of, or inability to access or use, the Services.

(ii) The conduct or content of any users (including but not limited to content defined as "User Content" or "Your Content") or third parties on or through the Services.

(iii) Any unauthorized access, use, or alteration of your content, even if PALLZ has been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event will PALLZ’s total liability to you for all claims related to the Services exceed the amount you paid, if any, to PALLZ for the Services during the twenty-four (24) months immediately preceding the date you first file a lawsuit, arbitration, or any other legal proceeding against PALLZ, whether based on statute, law, equity, or otherwise, in any tribunal.

The damages limitation outlined in the previous sentence applies:

(i) Regardless of the basis for liability (whether breach, contract, tort, statute, or otherwise),

(ii) Regardless of the type of breach of rights, privileges, or obligations, and

(iii) In relation to all events, the Service, and this Agreement.

These limitations of liability will apply even if the remedies under this Agreement fail of their essential purpose. Please note that some jurisdictions may not allow the limitation of certain damages, so some or all of the limitations in this section may not apply to you.

14. DISPUTE RESOLUTION SECTION

In the unlikely event that a legal dispute arises, the Parties agree to proceed as outlined below, except where prohibited by applicable law.

A.  INFORMAL DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our Services for any reason, please contact PALLZ Customer Service first so that we can try to resolve your concerns before seeking external assistance. If you decide to pursue a dispute, claim, or issue against PALLZ, these terms will apply. For the purposes of the Dispute Resolution Process and Arbitration Procedures in Section 14, “PALLZ” refers to our affiliates, employees, licensors, and service providers. PALLZ values its relationship with you and appreciates resolving Disputes informally when possible.

A “Dispute” refers to any claim, controversy, or disagreement between you and PALLZ related to this Agreement (including any alleged breach), the Services, or our relationship with you. This includes claims arising before this Agreement or any previous agreements, as well as claims that may arise during or after the Agreement’s term, unless replaced by a subsequent agreement between you and PALLZ.

If you have a Dispute with PALLZ (“Your Dispute”), you agree to send a detailed notice (“Notice”) to our designated address at 57/156-164 Chalmers Street, Surry Hills, NSW, 2000 before pursuing arbitration or filing a small claims court action. However, if your Dispute involves individual claims of sexual assault or harassment in connection with your use of the Services, you are not required to send a Notice before pursuing those claims.

If PALLZ has a Dispute with you (“PALLZ's Dispute”), PALLZ will first send a Notice to your most recent email address on file with us or, if no email address is available, to other contact details associated with your account. The Notice must include: (1) your full name; (2) identifying information for your account (such as a profile picture, address, phone number, email, and date of birth used to register your account); and (3) a detailed description of the Dispute, including the nature of your claims, the relief you seek, and any damages you allege. This Notice must be personally signed to be valid.

PALLZ's Dispute Notice will also include a detailed description of PALLZ’s Dispute, including the nature of its claims and the relief it seeks, with a corresponding calculation of our damages, if any. Both you and PALLZ agree to attempt to resolve the Dispute through good faith negotiations. This may include a telephone conference with you, which you agree to attend, and you may have an attorney present if you wish. PALLZ may also request a telephone conference to discuss the Dispute. If we cannot resolve the Dispute within 60 days after receipt of a fully completed Notice, and unless the Parties agree to extend this period, either you or PALLZ may initiate arbitration or file a small claims court action (except for claims related to sexual assault or harassment).

Completing this informal dispute resolution process is a required step before filing for arbitration or small claims court (except for claims of sexual assault or sexual harassment). Failure to do so will be considered a breach of this Agreement. The statute of limitations and filing deadlines will be paused while you and PALLZ are engaged in the informal dispute resolution process.

Unless prohibited by applicable law, the arbitration provider, the Australian Centre for International Commercial Arbitration (ACICA), will not accept any demand for arbitration or process the case unless the Party bringing the claim can certify in writing that the informal dispute resolution process was fully completed. A court with proper jurisdiction may enforce this requirement and prevent arbitration or small claims court actions if necessary.

All discussions, offers, and statements made during the informal dispute resolution process are confidential and cannot be used in any later proceedings, except for certification purposes to confirm compliance with the process before starting an arbitration. However, evidence that is otherwise admissible will not be excluded or rendered inadmissible.

      B. INDIVIDUAL RELIEF: WAIVER OF CLASS ACTIONS & JURY TRIALS

To the fullest extent permitted by law, both you and PALLZ waive the right to a jury trial and agree not to litigate any disputes in court, instead opting for individual arbitration (except for small claims court or for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, as outlined in this Agreement). Both you and PALLZ waive the right to file or participate in a class action or any other form of collective, representative, consolidated, or private attorney general action against each other. To the fullest extent permitted by law, no claim shall be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis. The arbitrator can award the same relief available in court, but can only grant final relief (including injunctive or declaratory relief) for the individual seeking relief, and only to the extent necessary to provide the relief warranted by that individual’s claim. The arbitrator cannot grant final relief for, or on behalf of, anyone who is not part of the arbitration on a class, collective, representative, or private attorney general basis. If a court determines that any of the prohibitions in this paragraph are unenforceable regarding a particular claim or request for relief (such as a request for public injunctive relief), and all appeals of that decision are affirmed and the decision becomes final, then that particular claim or request for relief shall proceed in court but will be stayed pending individual arbitration of the remaining claims you have brought. If this specific paragraph is found to be unenforceable, then the entirety of this arbitration provision (except for the jury trial waiver and informal dispute resolution process) will be null and void. This paragraph is an essential part of this arbitration agreement.

      C. Dispute Resolution through Arbitration or Small Claims Court

Any dispute that is not resolved informally by PALLZ Customer Service or as outlined in subsection 14a above will be resolved exclusively through binding individual arbitration, except as specifically provided in this Dispute Resolution Section. However, either you or PALLZ may choose to have an individual claim heard in small claims court. Additionally, individual claims of sexual assault or sexual harassment related to your use of the Services may be brought in accordance with Section 15. If a request to proceed in small claims court is made after arbitration has started but before an arbitrator is appointed, the arbitration will be administratively closed by the arbitration provider. Any dispute regarding the small claims court’s jurisdiction will be determined exclusively by that court. No decisions made by a small claims court will have preclusive effect in any case involving PALLZ and anyone other than you. If the small claims court determines it has no jurisdiction to hear the dispute, you and PALLZ will resolve the dispute through arbitration as per the terms of this Agreement.

All other issues, including the scope and enforceability of this Dispute Resolution Section, arbitrability, and any disputes over whether either party has breached or waived their right to arbitration, will be decided exclusively by the arbitrator. If you or PALLZ challenges the small claims court election in your dispute and a court of competent jurisdiction finds it unenforceable, the small claims court election will be severed from this Agreement for your dispute. However, such a court decision will not have any binding or preclusive effect on any proceeding involving PALLZ and anyone other than you.

Any court proceedings to enforce this Dispute Resolution Section, including those to confirm, modify, or vacate an arbitration award, must be filed according to Section 15. If for any reason this Dispute Resolution Section is held unenforceable, any litigation against PALLZ (other than small claims court actions) must be filed in the federal or state courts. You consent to these courts having personal jurisdiction over you for such matters and waive any claims that these courts are an inconvenient forum.

      D. INDIVIDUAL ARBITRATION & MASS ARBITRATION PROTOCOLS

This subsection applies to disputes submitted to arbitration with the Australian Centre for International Commercial Arbitration (ACICA) after the parties have completed the informal dispute resolution process outlined in subsection 15a, provided neither you nor PALLZ elect to pursue the matter in a small claims court. Any arbitration between you and PALLZ will be administered by ACICA in accordance with its Arbitration Rules in effect at the time the arbitration is initiated, subject to the modifications outlined in this Dispute Resolution Section 14.

A copy of ACICA's rules can be accessed at https://acica.org.au/acica-rules-2021/

ACICA Rules 2021 - ACICA

ACICA Rules 2021 The 2021 ACICA Arbitration Rules and Expedited Arbitration Rules were formally approved and adopted by the ACICA Board in March 2021. The new Arbitration Rules and Expedited Arbitration rules came into effect on 1 April 2021. The revised ACICA Rules reflect developments in international best practice, including with reference to improved online practices developed acica.org.au

If ACICA is unable or unwilling to administer the arbitration, the parties will mutually agree on an alternative arbitration body to assume ACICA’s role under this Agreement. If an alternative administrator cannot be agreed upon, either party may apply to a court with appropriate jurisdiction to appoint a suitable arbitration provider. To the extent any conflict arises between this Agreement and the rules of the appointed arbitration provider, this Agreement will prevail.

1. Initiating Arbitration

To commence arbitration, you or PALLZ must submit a written demand for arbitration (“Arbitration Notice”) to ACICA, detailing the claims and requested relief in accordance with this Agreement and ACICA’s Rules. If you initiate arbitration, you must also send a copy of the Arbitration Notice to PALLZ at 57/156-164 Chalmers Street, Surry Hills, Sydney, NSW 2000, Australia, within seven (7) days of submission to ACICA. If PALLZ initiates arbitration, we will send a copy to the most recent mailing or email address associated with your account. ACICA will not process an arbitration demand unless it certifies that the dispute meets the requirements outlined in this section.

2. Fees

Arbitration fees will be allocated in accordance with ACICA’s Rules, except where:

1.    The dispute falls within a mass filing or bulk arbitration category; or

2.    The arbitrator orders a reallocation of fees due to a breach of this Agreement, where permitted under applicable law.

PALLZ is committed to ensuring arbitration costs do not serve as a barrier to dispute resolution. If you demonstrate financial hardship, PALLZ will consider covering your portion of the consumer filing fee in good faith. If PALLZ initiates arbitration, we will bear all associated ACICA fees.

3. Appointment of Arbitrator

The arbitration will be conducted by a single, neutral arbitrator, who will be bound by this Agreement. If a hearing is requested, it will take place in or near your location. If any provision of this Agreement is found to result in a fundamentally unfair arbitration process, the arbitrator may modify it to the extent necessary to ensure fairness while maintaining the intent of this Agreement.

4. Preliminary Determinations

The arbitrator may decide claims without an oral hearing under the following circumstances:

1.    A party requests a ruling based solely on the pleadings within 30 days of the arbitrator’s appointment.

2.    A party requests summary judgment based on pleadings and evidence at least 30 days before a scheduled evidentiary hearing.

5. Discovery (Exchange of Information)

Each party may:

1.    Request up to five (5) relevant, non-privileged documents from the other party.

2.    Submit up to five (5) written interrogatories (including subparts) for response.

Discovery requests must be made within 21 days of the arbitrator’s appointment. Responses must be provided within 30 days unless objected to, in which case the arbitrator will resolve the dispute. If a dispositive motion is filed, discovery deadlines may be extended accordingly. The arbitrator will balance the relevance, cost, and necessity of discovery when resolving disputes.

6. Confidentiality

Either party may request that the arbitrator issue an order to maintain confidentiality of arbitration proceedings, ensuring that sensitive information is not disclosed outside of the arbitration process. Any court filings that contain confidential information must be filed under seal where permitted by law.

7. Arbitration Hearing

Unless waived by both parties, an arbitration hearing will be held, which will be more streamlined and cost-effective than traditional court proceedings. If an oral hearing is requested, both parties must attend in person unless the arbitrator grants a continuance for good cause. Failure to appear may result in a default judgment.

8. Arbitration Award

The arbitrator must issue a written decision within 30 days of the hearing (or, if no hearing is held, within 30 days of the final submission deadline). The decision must state the relief awarded, if any, and provide a brief explanation. The award is binding between the parties but will not serve as precedent for other disputes. The arbitrator may award fees and costs where permitted by ACICA Rules or applicable law, including cases of frivolous claims or bad faith conduct.

9. Settlement Offers

Either party may make a written settlement offer at any time before a hearing. The arbitrator will not be informed of the offer until after issuing a decision. If the final award is less than a prior settlement offer, or if the responding party prevails, the offering party may recover reasonable post-offer costs and legal fees, subject to applicable law.

      E. FUTURE CHANGES & RETROACTIVE APPLICATION

This Dispute Resolution Section 14 applies to all disputes between the parties, including any claims that arose against you or PALLZ before you agreed to this Agreement, as well as any claims that arise after your consent to this Agreement. However, despite any provision to the contrary in this Agreement, you have the option to opt out of the retroactive application of this Dispute Resolution Section 15 for claims that arose prior to your consent to this Agreement.

To opt out, you must send written notice to the following email address: hello@meetpallz.com, within 30 days of your consent to this Agreement. Please note that customer support inquiries should not be sent to this email address; they should be directed to Customer Service at hello@meetpallz.com. Your opt-out notice should include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), along with a statement that you are opting out of the retroactive application of this Dispute Resolution Section 14.

Please be aware that if you opt out of the retroactive application of this Dispute Resolution Section 14, you will still be subject to and bound by any previous Dispute Resolution Sections and Arbitration Procedures you agreed to, including any arbitration provisions, class action waivers, and retroactive application clauses. Additionally, regardless of whether you opt out of the retroactive application, any claims that arise after your consent to this Agreement will be resolved in accordance with this Dispute Resolution Section.

15. GOVERNING LAW

To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in the courts of New South Wales, Australia (except for claims filed in a small claims tribunal, or for users residing in a jurisdiction where this requirement is prohibited by law).

Except where prohibited by law, including for users residing in jurisdictions that require claims to be brought in their country of residence, and except for claims that are heard in a small claims tribunal as set forth in Section 14, any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in subsection 14b), to our Services, or to your relationship with PALLZ, that for whatever reason are not required to be arbitrated or filed in a small claims tribunal, will be litigated exclusively in the courts of New South Wales, Australia.

You and PALLZ consent to the exercise of personal jurisdiction of courts in the State of New South Wales and waive any claim that such courts constitute an inconvenient forum

16.  INDEMNITY BY YOU

You agree to indemnify PALLZ if any claim is made against PALLZ due to your actions. To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless PALLZ, its affiliates, and their and our respective officers, directors, agents, and employees from any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including legal fees, arising from or related to your access to or use of our Services, your Content, your conduct towards other users, or your breach of this Agreement. Please note that some jurisdictions may not allow indemnification, so this section or parts of it may not apply to you.

17. ACCEPTANCE OF TERMS

By using our Services, you agree to the Terms of this Agreement. Whether you access our Services through a mobile device, mobile app, or computer, you acknowledge and accept (i) these Terms, which may be updated periodically, (ii) our Privacy Policy, Cookie Policy, Code Of Conduct, and Safety Advice Tips, and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to all terms of this Agreement, you are not permitted to use our Services. All pronouns and their variations are intended to refer to the masculine, feminine, neuter, singular, or plural, as appropriate to the identity of the entities or individuals involved.

18. ENTIRE AGREEMENT

This Agreement replaces any prior agreements or representations. These Terms, along with the Privacy Policy, Cookie Policy, Code Of Conduct, Safety Advice Tips, and any Additional Terms Upon Purchase, represent the complete and exclusive agreement between you and PALLZ regarding the use of our Services. The Terms supersede all prior agreements, representations, and arrangements, whether written or oral. If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remainder of the Terms will remain in full effect. The failure of PALLZ to exercise or enforce any right or provision of these Terms will not be considered a waiver of such rights or provisions. You agree that your PALLZ account is non-transferable and all rights to your account and its content will terminate upon your death, unless otherwise specified by law. Any rights or licenses granted hereunder may not be transferred or assigned by you but may be assigned by PALLZ without limitation. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of these Terms, and you are not authorized to make any representations on behalf of or bind PALLZ in any way.

Limitation of Liability PALLZ provides a platform for social connections but does not guarantee successful friendships or interactions. We are not responsible for user conduct or any damages arising from interactions within the platform. Governing Law These Terms & Conditions are governed by Australian law. Any disputes shall be resolved in Australian courts.