HUD Studio Limited, a New Zealand registered company located at Level 11, 19 Victoria Street
West, Auckland 1010, New Zealand ("HUD") operates the website hudapp.com (the “Website”) and the associated HUD mobile application which provides an interactive way for like-minded
individuals to meet each other, chat with each other and/or explore casual or short-term
relationships (HUD’s Website and mobile application, collectively, HUD’s "Service"). Your use of the Service is subject to these Terms and Conditions of Use ("Terms"). The terms "you", "your" and "yourself" each mean the person who accesses or uses the Service whether or not such
person is a paid member.
1.1 By creating an account on the Service, whether free or paid, through the HUD app, you agree
to become a registered member of the Service and be bound by these Terms.
1.2 Your agreement to these Terms constitutes a legal contract made between you and HUD.
Your use of the Service through the HUD app will also be subject to any default End User
Licence Agreement that applies by virtue of you downloading the Hud app from the third party
application marketplace from which it is made available (such as Apple’s App Store), provided
that if there is any conflict between that End User Licence Agreement and any of these Terms,
then these Terms will prevail. HUD’s Privacy Policy will also apply to your use of the Service.
1.3 IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE
REGISTRATION PROCESS, USE OR OTHERWISE ACCESS THE SERVICE.
1.4 HUD RESERVES THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO
THESE TERMS FROM TIME TO TIME, BY UPLOADING REVISED TERMS ON THE WEBSITE
BY CONTINUING TO USE THE SERVICE AFTER SUCH CHANGES ARE UPLOADED,
CONSTITUTES YOUR ACCEPTANCE TO ANY SUCH CHANGES. YOU ARE RESPONSIBLE
FOR REVIEWING HUD’S WEBSITE WWW.HUDAPP.COM REGULARLY TO OBTAIN TIMELY
NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS
AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS
THE SERVICE. YOU CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY ON
NOTICE TO HUD WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED
TERMS.
2.1 In order to create an account and use the Service, you must meet the following requirements:
● You are at least 18 years old;
● You are able to form a legally binding contract;
● You have never been convicted of a violent or sexually related criminal or civil offence in
any country and/or are not required to register as a sex offender with any government
entity; and
● You have never been banned from using the Service.
2.2 By registering as a member, you warrant to HUD that you comply with all of these
requirements. If you breach this warranty or you cease to be able to meet all of these
requirements, then, without limitation to HUD’s other rights and remedies, HUD is entitled to
terminate your use of the Service under Section 9 of these Terms.
2.3 HUD does not currently conduct criminal background screenings on registered members.
However, HUD reserves the right to conduct any criminal background check, at any time and
using available public records, to confirm your compliance with the above requirements. You
hereby authorise HUD to conduct a background check on you.
2.4 HUD endeavours to employ staff to monitor content you provide when using the Service,
including your profile photo and any messages and media files you send to other members, but is under no obligation to do so. Without limiting any other remedies available to HUD (including HUD’s rights to terminate in Section 9 below), HUD RESERVES THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM HUD’S
SERVICE AT HUD’S SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IF HUD DOES REMOVE YOUR PROFILE AND/OR ANY CONTENT HUD WILL NOT BE
LIABLE TO YOU IN ANY WAY.
3.1 As HUD’s Service is Internet-based, there are risks of members misrepresenting themselves
or presenting themselves under false pretences. This includes misrepresentations about age,
gender, marital status, or any other attribute which members provide in their profile. These risks are not unusual for the type of Service HUD provides. Members of dating websites and apps have been the victims of fraudulent scams, and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.
3.2 To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for
taking all measures to protect yourself against persons who attempt to defraud you or mislead
you using the Service. HUD is unable to verify that every member profile is accurate. You must
therefore exercise caution when dealing with all other members.
3.3 YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU
ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT HUD HAS
NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER
MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED
UNDER FALSE PRETENSES, THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS
FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S) OR
ANY OTHER LOSS OR INJURY SUFFERED OR INCURRED AND RESULTING FROM USING
THE SERVICE. THOUGH HUD MAKES EVERY EFFORT TO ENSURE THE SERVICE IS SAFE
AND FREE FROM FRAUDULENT ACTIVITY, HUD IS NOT RESPONSIBLE FOR ENSURING
MEMBERS COMPLY WITH THESE TERMS OR ARISING FROM A MEMBER’S FAILURE TO
COMPLY WITH THESE TERMS.
3.4 It is possible that members from other countries will access the Service. It may not be
practicable for HUD to enforce these Terms against such members. If HUD receives a complaint from a member that another member is in breach any section of these Terms, HUD will investigate such complaint and consider whether to exercise HUD’s rights under these Terms, including HUD’s rights to terminate that member's access to the Service.
3.5 HUD may be requested to assist in any prosecutions or other proceedings brought by
members or third parties against other members and will do so if required by law and may do so if HUD believes a member has breached any applicable Terms. You agree to HUD providing
such assistance, including the release of any relevant information HUD may hold about you if
you are involved in any such prosecution or proceeding.
3.6 HUD reserves the right to decline to register without entering into further discussions with
you, or to suspend your membership if HUD believes on reasonable grounds that you are in
breach of these Terms.
4.1 The Service is intended for use in a number of jurisdictions, including in the United States,
the European Union, and the United Kingdom. You agree to comply with all applicable laws when using the Service and dealing with other members. This includes compliance with any and all applicable local, state, national, and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person or by any other government as a person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.
4.2 When accessing and using the Service you must not:
● Violate the security of the Service, or interfere, damage or harm, or attempt to interfere,
damage or harm the Service, or any system connected to the Service.
● Use any automated system, including without limitation, robots, spiders, or offline readers
to access, acquire, copy or otherwise monitor the Service.
● Use the Service otherwise than in the manner in which the Service is designed to be
used or use the Service if you have no legitimate reason to do so.
4.3 By using the Service, you agree to comply with the following;
● Your account is for your personal use only. You may not authorise others to use your
account, or use it for the benefit of any other person or entity, and you may not assign or
otherwise transfer your account to any other person or entity.
● You must not enter any contact or identifying information in your profile. This includes,
but is not limited to, your email address, phone number or physical address or your
surname.
● You must not disclose any details of any other members or disclose personal information
of others through the HUD messaging system or otherwise.
● You must not record on your device any video calls or information provided by another
member to you through the HUD messaging system unless you have that person’s
explicit consent to do so.
● You must provide accurate information regarding your identity when you register to
become a member and use the Service and you must not use the Service under false
pretences.
● You must not communicate with, or attempt to communicate with, any person who has
indicated that he or she does not wish to communicate with you or to continue to
communicate with you.
● You must not interfere with or damage the Service, including, without limitation, through
the use of viruses, registration bots, Trojan horses, harmful code, flood pings, denial of
service attacks, packet or IP spoofing, forged routing or electronic mail address
information or similar methods or technology, including methods that in any way
reproduces or circumvents the navigational structure or presentation of the Service or its
contents.
4.4 If you breach these provisions, HUD may terminate your membership and your access to the Service for breach in accordance with Section 9 of these Terms.
4.5 Upon request by HUD, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for HUD’s verification purposes, HUD may terminate or suspend your membership or access to the Service in accordance with Section 9 of these Terms.
5.1 By submitting or posting any content (including without limitation, your photographs, videos,
media files, voice messages, voice prompts) to the Service, you represent and warrant to HUD
that you are the exclusive owner of the content, (including without limitation your photograph,
videos, media files, voice messages, voice prompts) or are otherwise licensed to use and sub-
license the content and use of your content by HUD will not infringe or violate the rights of any
third party. By submitting any content (including without limitation your photograph, videos, media files, voice messages, voice prompts) to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to HUD, and HUD’s licensees, affiliates and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content in order to provide the Service, and to grant and to authorize sub-licenses of the foregoing to anyone doing the same on HUD’s behalf.
5.2 HUD IS NOT RESPONSIBLE FOR ANY PROFILE OR OTHER CONTENT POSTED OR
ENTERED ON HUD’S WEBSITE, MOBILE APP, OR OTHERWISE THROUGH THE SERVICE.
You are solely responsible for any content that you submit, post or transmit via the Service, and you shall be solely liable for any content posted or published via the Service that is deemed to infringe or violate any third party’s intellectual property rights. You agree not to include any illegal or unlawful information in your profile.
You also agree not to post or submit any content that:
● is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
● harasses or advocates harassment of another person;
● exploits people in a sexual or violent manner;
● contains excessive violence, or offensive subject matter;
● solicits personal information from anyone under 18;
● publicly posts information that poses or creates a privacy or security risk to any person;
● constitutes or promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
● constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
● involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing,
instant messaging, "spimming", or "spamming", or unsolicited electronic commercial
messages;
● contains restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
● furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
● solicits passwords or personal identifying information for commercial or unlawful
purposes from other members;
● involves commercial activities and/or sales without prior written consent from HUD such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
● includes a photograph or video of another person that you have posted without that
person's consent; or
● violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights,
contract rights or any other rights of any entity.
5.3 The foregoing is a partial list of the kind of content that is illegal or prohibited on HUD’s
Service. HUD reserves the right to investigate and take appropriate legal action in HUD’s sole
discretion against anyone who violates this Section 5 or any other provision of these Terms,
including without limitation, removing the offending content from the Service, terminating the
violator's membership and access to the Service (in accordance with Section 9) and contacting and disclosing information to the relevant authorities.
5.4 HUD has no obligation to post any content that you or anyone else submits. While HUD does not and cannot review every message or other material posted or sent by other members using the Service, and is not responsible for any content of these messages or materials, HUD
reserves the right, but is not obligated, to monitor, or moderate (ie delete, move, or edit)
messages or materials, including without limitation advertisements, profiles, public postings and messages, that HUD, in its sole discretion, considers violate these Terms or any applicable
content guidelines, or to be otherwise unacceptable.
5.5 YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF PROFILES, PUBLIC
POSTINGS, MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO THE SERVICE.
HUD CANNOT GUARANTEE, AND ASSUMES NO RESPONSIBILITY FOR, VERIFYING THE
ACCURACY OF THE INFORMATION PROVIDED BY OTHER MEMBERS USING THE
SERVICE.
5.6 Without limiting any right that HUD may have, HUD may, at its sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted in the Service, suspend or cancel your membership if HUD considers that content entered creates, or may create, liability for HUD or if HUD considers the information to be misleading, deceptive or inappropriate or if HUD considers that you have breached these Terms. To the maximum extent permitted by law, HUD shall not be liable to you if HUD exercises any of these rights, including cancellation of any type of membership, or permanently bans you from using the Service.
5.7 HUD may solicit, or you may decide to provide, feedback about the Service. Such feedback
is not member content, and will be HUD’s sole and exclusive property and you hereby
irrevocably assign to us all right, title, and interest in and to all such feedback. HUD will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such feedback as it sees fit.
6.1 By downloading and using the Service and creating a free account, you become a Basic
Member after the registration process is complete. As a Basic Member, you are entitled to
access a minimal level of the Service’s features and functionality without any charge for these
features and functionality. These Basic Membership features and functionality are subject to
change, and HUD reserves the right to make changes and updates to the Basic Membership
features and functionality as and when it decides to do so.
6.2 If you would like access to the Boost(s) feature available on the Service, you can make a
one-off purchase for a Boost(s). The Boost(s) feature provides your profile with additional
features of the Service that are not available to members without the Boost(s) feature. These
Boost(s) features are subject to change, and HUD reserves the right to make changes and
updates to the Boost(s) features as and when it decides to do so.
6.3 If you want access to all the Premium Membership features available on the Service, you can purchase a Premium Membership on a subscription basis. A Premium Membership provides your profile with additional features of the Service that are not available to members without the Premium Membership. As a Basic Member, you have the option to purchase a Premium Membership at any time, and also have the option to cancel your Premium Membership and return to being a Basic Member at any point. These Premium Membership features are subject to change, and HUD reserves the right to make changes and updates to the Premium Membership features as and when it decides to do so.
6.4 PREMIUM MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ACKNOWLEDGE THAT IF YOU PURCHASE A PREMIUM MEMBERSHIP SUBSCRIPTION THAT PREMIUM MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM MEMBERSHIP SUBSCRIPTION PERIOD, AT THE THEN CURRENT PRICE OF THE PREMIUM MEMBERSHIP SUBSCRIPTION UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT THIRD PARTY APPLICATION MARKETPLACE ACCOUNT.
6.5 If you want unlimited access to all the Premium+ Membership features available on the
Service, you can purchase a Premium+ Membership on a subscription basis. A Premium+
Membership allows Basic Members and/or Premium Members to upgrade their memberships to
Premium+ status, and provides you with access to additional features of the Service that are not available to Basic Members and Premium Members. As a Basic Member and/or Premium
Member, you have the option to purchase a Premium+ Membership at any time, and also have
the option to cancel your Premium+ Membership and subscribe to a Premium Membership or
return to being a Basic Member at any point. These Premium+ Membership features are subject to change, and HUD reserves the right to make changes and updates to the Premium+
Membership features as and when it decides to do so.
6.6 PREMIUM+ MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU
ACKNOWLEDGE THAT IF YOU PURCHASE A PREMIUM+ MEMBERSHIP SUBSCRIPTION
THAT PREMIUM+ MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE
END OF EVERY PREMIUM+ MEMBERSHIP SUBSCRIPTION PERIOD AT THE THEN
CURRENT PRICE FOR THE PREMIUM+ MEMBERSHIP UNLESS YOU CANCEL IT
THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT THIRD PARTY
APPLICATION MARKETPLACE ACCOUNT.
6.7 7-Day Free Trial. If you wish to subscribe to HUD’s Premium Membership or HUD’s
Premium+ Membership, you can enter into a 7-day free trial, with a limit of one (1) free trial per
account. This 7-day free trial entitles you to all the Premium Membership or Premium+
Membership features of the Service for the duration of the 7-days. If you decide during the 7-day period that you do not wish to carry on with your Premium Membership or Premium+
Membership, you may cancel your subscription through your Apple App Store, Google Play, or
equivalent third party application marketplace account. A 7-DAY FREE TRIAL AUTOMATICALLY CONVERTS INTO THE APPLICABLE PREMIUM MEMBERSHIP SUBSCRIPTION OR A PREMIUM+ MEMBERSHIP SUBSCRIPTION, AND YOU ACKNOWLEDGE THAT IF YOU SUBSCRIBE TO A 7-DAY FREE TRIAL THAT 7-DAY FREE TRIAL WILL AUTOMATICALLY CONVERT AT THE END OF THE 7-DAY PERIOD. IF YOU DO NOT WISH TO BE CHARGED FOR THE PREMIUM MEMBERSHIP SUBSCRIPTION OR PREMIUM+ MEMBERSHIP SUBSCRIPTION, YOU MUST CANCEL YOUR 7-DAY FREE TRIAL AT LEAST 24 HOURS PRIOR TO THE END OF THE 7-DAY FREE TRIAL PERIOD.
6.8 The price or cost of a Boost(s) and a subscription to a Premium Membership and/or
Premium+ Membership can be found in the HUD app. HUD may change the price or cost of any
subscription at any time. However, HUD will give you notice of any change to the price or cost of any subscription applicable to you, such notice to be given prior to the automatic renewal date of your subscription in accordance with the requirements of the third party application marketplace’s rules. The third party application marketplace may also notify you directly of the change. If you do not agree with the change you may cancel your subscription prior to that automatic renewal date. If the third party application marketplace gives you an option to not accept the change then your subscription will not automatically renew and will instead end at the end of the then current period to which it had been paid.
6.9 Upon purchase for a Boost(s), or subscription to a Premium Membership and/or Premium+
Membership, payment will be charged to your Apple App Store, Google Play, or equivalent app
marketplace account, who on charge your registered credit card or agreed payment method
immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your subscription settings in the Apple App Store, Google Play store, or equivalent third party application marketplace.
7.1 Cancellation
You may cancel your account at any time, subject to these Terms. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT THIRD PARTY APPLICATION MARKETPLACE ACCOUNT as HUD cannot access personal accounts to change subscription preferences. HUD will retain all funds charged to your Apple App Store, Google Play store, or equivalent third party application marketplace account until you cancel your subscription.
7.2 Refunds
7.2.1 ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO
REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exceptions may apply if the laws
applicable in your jurisdiction require refunds, but only in the certain limited circumstances of
such laws.
7.2.2 If you are a resident of California, you may be entitled to a refund provided you cancel your subscription within 3 business days after your free trial ends and your subscription begins. If you have cancelled your subscription within 3 business days and you are a resident of California, please send us an email at support@hudapp.com with your username and details in order to sort your refund.
7.2.3 If you are a resident of the United Kingdom or the European Union, you may be entitled to
a refund provided you cancel your subscription within 7 days after your free trial ends and your
subscription begins (i.e. within 14 days from the date on which your free trial starts). If you are a resident of the United Kingdom or the European Union, please send us an email at
support@hudapp.com with your username and details in order to sort your refund.
8.1 Sign in Details
8.1.1 When creating an account through the Service you will be required to sign in with either
your Apple ID, Google account or your mobile phone number (“Sign In Details”). You will be
required to verify your profile by mobile phone number verification if you create your account
using your mobile phone number. If you do not sign in with one of these options, you will not be able to create an account and use the Service.
8.1.2 YOU ARE RESPONSIBLE FOR KEEPING YOUR HUD ACCOUNT SIGN IN DETAILS
SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT
THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR SIGN IN DETAILS.
Without limiting the foregoing, you agree that:
● You will not permit any other person to use your Sign in Details to access your HUD
profile.
● You will not disclose, or provide to any other person, your Sign in Details.
● You will immediately notify HUD of any unauthorized use of your Sign in Details or any
other breach of security in connection with your Sign in Details or your HUD account.
● You will ensure that you log off from your HUD account at the end of each session.
8.1.3 You also acknowledge and agree that you are responsible for all use of the Service under
your Sign in Details.
8.2 Account Deletion
You have the right to terminate your account if you do not wish to use the Service any longer.
You may delete your account at any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information that is linked to your profile from the Service, subject to information that we may retain in accordance with our Privacy Policy. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK, SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.
DELETING YOUR ACCOUNT WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT THIRD PARTY APPLICATION MARKETPLACE ACCOUNT as HUD cannot access personal accounts to change subscription preferences.
8.3 Pausing Account
You may also temporarily ‘Pause’ your account if you would like to take a break from the Service but wish to keep your profile, matches and messages. This will allow you to be ‘hidden’ from HUD’s Service and prevent new members from viewing your profile, matching with you and/or sending you messages. However, members you have previously matched with or messaged will still be able to view your profile and/or send you messages, and you will be able to send messages to members you are matched with. IF YOU CHOOSE TO PAUSE YOUR ACCOUNT, YOUR ACCOUNT WILL BE HIDDEN FROM THE POTENTIAL MATCHES PROFILE FEED AND YOUR PROFILE WILL NOT BE VISIBLE TO NEW MEMBERS. THIS WILL PREVENT YOU FROM MAKING ANY NEW MATCHES UNTIL YOU DECIDE TO TAKE YOUR ACCOUNT OFF 'PAUSE’. If you decide to remove your account from pause and resume using the Service, your profile will be ‘active’ once more on the match screen and you will be visible to new members. CHOOSING TO ‘PAUSE’ YOUR ACCOUNT WILL NOT DELETE YOUR ACCOUNT FROM THE SERVICE. IF YOU WISH TO PERMANENTLY REMOVE YOUR ACCOUNT FROM THE SERVICE, CHOOSE THE OPTION TO ‘DELETE ACCOUNT’, AND NOT ‘PAUSE ACCOUNT’.
9.1 HUD reserves the right, and may exercise its right to terminate your membership and your
access to HUD’s Service if:
● you breach these Terms;
● HUD considers (in its sole discretion) that you have violated or are likely to violate any
applicable laws;
● a serious complaint or multiple complaints are received about you from any person;
● you impersonate another member or person; or
● HUD, in our sole discretion, deems your behaviour whilst using the Service or in
connection with your use of the Service, to be unacceptable.
9.2 YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP OF AND ACCESS TO THE SERVICE UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT HUD MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR ACCOUNT AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNT AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUD WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS, LOSSES OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO THE SERVICE.
9.3 You may terminate your access to the Service at any time by deleting your account in accordance with Section 8.2 or by sending HUD written or email notice of termination to support@hudapp.com. IN THE EVENT THAT YOU TERMINATE YOUR ACCESS TO THE SERVICE, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY PAID SUBSCRIPTION FEES, unless as specified otherwise in these Terms.
10.1 The Service may occasionally contain links and advertisements to third-party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, or accuracy of such third-party websites, companies and products.
10.2 HUD is not responsible for the content, value, quality, safety, or accuracy of linked third- party websites, companies and products; and does not make any representations regarding the content, value, quality, safety, or accuracy of information on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.
10.3 Subject to these Terms, HUD grants to you a non-exclusive, non-transferable, limited right
to access and use the Service. The Service is for personal use only and must not be used in
connection with any commercial purposes. Organizations, companies, and/or businesses must
not use the Service for any purpose.
10.4 You must not use the HUD messaging system feature of the Service for the discussion of competing services or any illegal or unlawful activity including, prostitution and/solicitation, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or texts and unauthorized framing of or linking to the Service. USE OF THE SERVICE IS WITH HUD’S PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN HUD’S SOLE DISCRETION.
11.1 You expressly understand and agree that:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. HUD EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.2. HUD makes no representation, warranty or guarantee, to the maximum extent permitted by law, that:
● Use of the Service provided will be uninterrupted, timely, secure, or error free;
● the information provided on the Website or in the Service is error-free or reliable;
● the quality of any products or services obtained through the Service will meet your
requirements or expectations; or
● members are who they say they are.
11.3 YOU DO NOT USE THE SERVICE IN RELIANCE ON ANY REPRESENTATION,
WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN
THESE TERMS.
11.4 No advice or information that is obtained by you from HUD or otherwise shall create any
representation, warranty or guarantee not expressly stated in these Terms.
11.5. Responsibility for the content of advertisements appearing on the Service (including
hyperlinks to advertisers' own websites) rests solely with these third-party advertisers. The
placement of such advertisements on the Service does not constitute HUD’s recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.
11.6 You understand that HUD may not be able to provide matches for everyone seeking to use
the Service. Further, HUD makes no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any member. You understand that HUD makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service or as to the conduct of such individuals.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT
PERMITTED BY LAW:
12.1. Neither HUD nor you shall be liable to the other under any circumstances for any indirect,
incidental, special, consequential, punitive or exemplary loss or damages, including but not
limited to damages for loss of profit, goodwill, use, data, or other economic losses that result from access to our use of the Service, or the inability to access or use the Service. This exclusion applies regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. However, this exclusion does not apply to fraud or your conduct towards another member or a third party.
12.2 HUD shall not be liable for any loss, or damage, suffered or incurred in connection with:
● the Service or the Website or any of its features or functionality being unavailable (in
whole or in part) or performing slowly; or
● any incorrect usage of the Service by you.
12.3 HUD shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by HUD.
12.4 HUD shall not be liable for the conduct, content or statements of members or third parties in relation to the Service.
12.5 In all other cases, HUD’s liability to you for all claims in aggregate will be limited to an
amount equal to the greater of NZ$1 and the amount of any subscription fees you have paid to
HUD in the 3 months prior to the event or circumstance giving rise to the claim (or first claim if there is more than one).
12.6 You are responsible for the security of the computer or device used to access the Service
and the Website, and for ensuring the manner by which it connects to the Internet protects you from viruses, malware or other malicious code. HUD does not accept any liability arising from any failure in the security of the computer or device used, or from any viruses, malware or other malicious code that affects the computer or device used to access the Service or the Website.
12.7 HUD excludes all warranties that may be implied into these Terms by statute or otherwise.
12.8 None of the disclaimers, limitations or exclusions set out in these Terms will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under applicable law, for example, under the Consumer Guarantees Act 1993 (New Zealand), the Fair Trading Act 1986 (New Zealand) or any other applicable consumer protection legislation.
YOU AGREE TO INDEMNIFY HUD FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY HUD IN RESPECT OF OR IN CONNECTION WITH:
● information contained in your profile;
● any material, including (without limitation) photos, videos, voice messages and messages
you send or upload while using the Service;
● your communications with or behaviour towards other members;
● any death, personal injury or damage to property you may cause; or
● your breach of these Terms or any applicable laws.
14.1 Except for members residing within the UK, EU or European Economic Area and elsewhere
where prohibited by applicable law:
14.1.1 You acknowledge that any disputes pursued against HUD will be on an individual basis.
Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration.
14.1.2 Neither you nor HUD, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor HUD agrees to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.
14.2 BY USING THE SERVICE YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST HUD AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
14.3 TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (a) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS); AND (b) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
15.1 System integrity
HUD will use its reasonable endeavours to ensure the appropriate availability of the Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, HUD takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Service being unavailable. Further, to the maximum extent permitted by law, HUD assumes no responsibility for the corruption of any data or information held by HUD.
15.2 Resolution of disputes between members
As HUD is not a party to any dispute between you and another member, you agree:
● not to involve, or attempt to involve, HUD in any dispute or in the resolution of disputes
that arise between you and another member as a result of the Service provided; and
● not to use the Service to engage in or attempt to resolve the dispute.
15.3 Force Majeure
HUD shall have no liability for any lack of performance, damages, unavailability or failure of the
Service, or for any failure on HUD’s part to comply with these Terms where the same arises from any cause reasonably beyond the control of HUD or any of its third party providers.
15.4 No Waiver
If HUD does not exercise or enforce any right available to HUD under these Terms, it does not
constitute a waiver of those rights.
15.5 Partial Invalidity
If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and
conditions, which shall continue in full force and effect.
15.6 Governing Law
These Terms and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that the United Nations. Convention on Contracts for the International Sale of Goods does not apply.
15.7 Intellectual Property Rights
15.7.1 HUD (or its licensors) own all intellectual property rights and other proprietary rights in the Service and the Website (including but not limited to text, graphics, logos, icons and sound
recordings, but excluding member content) and the software and other material underlying and
forming part of the Service and the Website, including its content, features and functionality. You may not without HUD’s prior written permission, in any form or by any means:
● alter, adapt, reverse engineer, decompile, disassemble, modify, make error corrections
for, create derivative works of, or attempt to obtain the source code for, any part of the
Website or the Service;
● reproduce, copy, store, distribute, print, display, perform, or publish from any part of the
Website or the Service; or
● commercialise, copy or on-sell any information or items obtained from any part of the
Website or the Service.
15.7.2 The Service and the Website is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. No right, title or interest in or to the Service or the Website is transferred to you. Any use of the Service or the Website not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.
15.8 Entire agreement
These Terms, HUD’s Privacy Policy and the Cookie Policy supersede all previous conditions,
understandings, commitments, agreements and representations whatsoever, whether oral or
written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.
15.9 Privacy
Please refer to our Privacy Policy available at the following link: www.hudapp.com/privacy.
15.10 Emails and newsletters
HUD may send you emails relating to your membership, changes to these Terms or your transactions and other activities on the Website, and for promoting and marketing other HUD products and services to you as provided for in our Privacy Policy. HUD may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
15.11 Acknowledgement
You represent and warrant that you:
● are not located in a country that is subject to an NZ, Australian, UK, EU or US
Government embargo, or that has been designated by the NZ, Australian, UK, EU or US
Government as a "terrorist supporting"; country; and
● are not listed on any NZ, Australian, UK, EU or US Government list of prohibited or
restricted persons.
If you have any questions or concerns about these Terms, the Services, or the Website, you may contact a representative of our company by calling HUD on (00649) 365 1088, using the Contact Form within the HUD mobile app or by regular mail: PO Box 5800, WELLESLEY ST, Auckland 1141, New Zealand.
