Terms and Conditions

Effective 25 November 2020. View as PDF.

1. About Equimaps

1.1.
We provide services to enable subscribers to design, manage, publish, share and view equestrian cross country courses as well as to upload, publish and share cross country courses they create or add information to and to download courses (‘Toolkit Services’).
1.2.
We make the Toolkit Services available on the domains and subdomains of crosscountryapp.com and equimaps.com (which shall together hereinafter be referred to as ‘Website’).
1.3.
We also make the Toolkit Services available via software including software which is distributed directly in the form of source code, precompiled binaries or app bundles, and software which is published via app stores including but not limited to the Apple App Store and the Google Play Store (which shall together hereinafter be referred to as ‘Software’).
1.4.
These terms and conditions (‘Terms’) apply to any Services, Website and/or Software which we provide.
1.5.
In order to upload, publish and share cross country courses, add information to courses and download courses, users will need to subscribe to the Services, the Website or the Software.
1.6.
We offer both free and paid accounts. Users who subscribe for an account (whether a free or a paid account) will be referred to hereinafter as ‘Subscribers’.
1.7.
Users who have not subscribed (and who will be referred to hereinafter as ‘General Users’) may view and interact with courses via the Website or the Software (hereinafter the ‘Viewing Services’).
1.8.
The equestrian cross country courses comprising images, videos, audio or other media, geospatial data and metadata, which are created, managed and published on the Website, through the Software or through the Toolkit Services are referred to in this document as ‘the Courses’.
1.9.
The Toolkit Services and the Viewing Services are together referred to in this document as ‘the Services’.
1.10.
Subscribers and General Users are together referred to in this document as ‘Users’.

The Website, the Software and the Services are operated by Equimaps Pty Ltd (ACN 620 219 847) (hereinafter ‘Equimaps’). Access to and use of the Website, the Software, the Services or any of their associated products or services, is provided by Equimaps. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, using, browsing or downloading the Software, or by using the Services, this signifies that you have read and understood these Terms and you agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Website, the Software and the Services immediately.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website, downloading or accessing the Software or otherwise using the Services. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Equimaps in the user interface.

3. Variation of Terms

3.1.
Equimaps reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Equimaps updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. However, it is your responsibility to routinely monitor these Terms and to refer to the Effective Date posted at the top of these Terms in order to monitor any modifications or variations. You further agree to clear your cache when doing so in order to avoid accessing a prior version of these Terms.
3.2.
Any changes to the Terms take immediate effect from the date of their publication. By continuing to use the Website, the Software and/or the Services after such an update to the Terms, you accept all of those updated Terms and are bound by the updated Terms.
3.3.
In the event that You fail to monitor any modifications to or variations of these Terms, you agree that such failure shall be considered an affirmative waiver of your right to review the modified or varied Terms.
3.4.
Before you continue, we recommend you keep a copy of the Terms for your records.

4. Bing Maps

4.1.
You hereby acknowledge and agree that the Website, the Software and the Services use systems and technology provided by Bingmaps, which is owned and operated by Microsoft Corporation.
4.2.
By using the Website and/or the Services you acknowledge and agree that you have had the opportunity to review the Microsoft® Bing™ Maps Platform APIs' Terms Of Use (“Bing Maps Terms”) which (as at the date of these Terms) are available here: https://www.microsoft.com/en-us/maps/product
4.3.
By using the Website and/or the Services you agree to be bound by the Bing Maps Terms. If you do not agree to the Bing Maps Terms, you must cease usage of the Website, or any of the Services immediately.

5. Other data suppliers

5.1.
You hereby acknowledge and agree that the Website, the Software and the Services use systems and technology provided by other suppliers including but not limited to Apple Inc and Open Street maps.
5.2.
By using the Website, the Software and/or the Services you agree to be bound by the terms of these other suppliers. If you do not agree to their terms, you must cease usage of the Website, the Software or any of the Services immediately.

6. Account and Subscription to use the Services

6.1.
In order to access the Toolkit Services, you will be required to register for an account through the Website or the Software (the 'Account').
6.2.
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
1. (a)
  an email address
2. (b)
  preferred username
3. (c)
  a password
4. (d)
  primary role
5. (e)
  country of residence
6.3.
You warrant that any information you give to Equimaps in the course of completing the registration process will always be accurate, correct and up to date.
6.4.
You may be required to purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). You may also be required to purchase a Subscription for the Software through the Apple App Store or Google Play Store to obtain access to certain features.
6.5.
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
6.6.
Equimaps has the right to make public your username on the Website or the Software in relation to Courses you make public.
6.7.
Once you have completed the registration process and paid any required Subscription Fee, you will be a registered Subscriber and agree to be bound by the Terms. As a Subscriber you will be granted immediate access to the appropriate Toolkit Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
6.8.
You may not use the Toolkit Services and may not accept the Terms if:
1. (a)
  you are not of legal age to form a binding contract with Equimaps; or
2. (b)
  you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
6.9.
Your Subscription is for your sole use. You must not transfer your Subscription to any other person or organisation and must not share your Account details with any other person or organisation.

7. Using the Viewing Services

7.1.
If you use the Website or the Software in any way, but do not create an Account under the preceding clause hereof, then you are a General User.
7.2.
As a General User, you may use the Viewing Services, subject to these Terms.
7.3.
In order to use the Viewing Services, you do not need to purchase a Subscription to the Website or the Software.
7.4.
By using the Website or the Software as a General User, you agree to be bound by these Terms.
7.5.
In the event that you provide any information to Equimaps in the course of your use of the Website or the Software , you warrant that such information will always be accurate, correct and up to date.
7.6.
You may not use the Website, the Software or the Viewing Services and may not accept the Terms if:
1. (a)
  you are not of legal age to form a binding contract with Equimaps; or
2. (b)
  you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

8. Your obligations as a User

8.1.
As a User, you agree to comply with the following:
1. (a)
  you will use the Services only for purposes that are permitted by:
  1. (i)
    the Terms; and
  2. (ii)
    any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
2. (b)
  you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
3. (c)
  any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Equimaps of any unauthorised use of your password or email address or any breach of security of which you have become aware;
4. (d)
  access and use of the Website and the Software is limited, non-transferable and allows for the sole use of the Website and/or the Software by you for the purposes of Equimaps providing the Services;
5. (e)
  you will not use the Services, the Website or the Software in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Equimaps;
6. (f)
  you will not use the Services or Website or the Software for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website or the Software;
7. (g)
  you will not use the Services, the Website or the Software in a way that might cause us to breach any laws, regulations or other legal obligations whatsoever;
8. (h)
  you will not use the Services the Website or the Software in a way that might reasonably be considered to be offensive, defamatory, discriminatory, inappropriate, obscene, abusive, racist, sexist, blasphemous, seditious, threatening, pornographic, a breach of privacy or of confidentiality, or likely to incite hatred, violence or aggression;
9. (i)
  you will not use the Services the Website or the Software in a way that might bring the Website, the Software or our organisation into disrepute in any way whatsoever;
10. (j)
  you will not use the Services, the Website or the Software in a way that might infringe on the intellectual property rights of any person, company or other organisation;
11. (k)
  you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website and/or the Software without notice and may result in termination of the Services. Appropriate legal action will be taken by Equimaps for any illegal or unauthorised use of the Website or the Software;
you acknowledge and agree that any automated use of the Website, the Software or the Services is prohibited.

9. Payment

9.1.
Where the option is given to you, you may make payment of the Subscription Fee by way of any of the following methods (‘Payment Method’):
1. (a)
  Credit Card Payment ('Credit Card')
2. (b)
  Direct bank transfer as agreed with Equimaps
3. (c)
  Paypal
4. (d)
  Stripe
5. (e)
  Apple App Store or Google Playstore
9.2.
In using the Website, the Software or the Services or when making any payment in relation to your use of the Services, you warrant that you have read and understood and you agree to be bound by any terms and conditions which apply to your Payment Method.
9.3.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
9.4.
You agree and acknowledge that Equimaps can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

10. Reverse Engineering and Security

10.1.
You agree not to:
1. (a)
  reverse engineer, or attempt to reverse engineer or disassemble any code or software from the Website, the Software or in connection with any of the Services; and
2. (b)
  violate the security of the Website or the Software through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
3. (c)
  use Equimaps’ API or any other method to extract courses or partial courses except with prior written agreement from Equimaps.
4. (d)
  scrape geodata, photographs or other data from the Website, the Software, or any related platforms.
5. (e)
  use Equimaps’ data for commercial purposes except with prior written agreement from Equimaps or as provided under clause 12 of these Terms.

11. Refund Policy

Equimaps will only provide you with a refund of the Subscription Fee in the event Equimaps is unable to continue to provide the Services or if the manager of Equimaps makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the you (the 'Refund').

12. Copyright and Intellectual Property

12.1.
The Website, the Software, the Services and all of the related products of Equimaps are subject to copyright. The material on the Website and the Software is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website and the Software (including but not limited to text, graphics, logos, button icons, video images, audio clips, website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Equimaps or its contributors.
12.2.
All trademarks, service marks and trade names are owned, registered and/or licensed by Equimaps,
12.3.
If you are a General User, Equimaps grants to you a worldwide, non-exclusive, royalty-free, non-transferable, revocable licence, without a right of sub-licence, whilst you are a User to:
1. (a)
  use the Website and/or the Software pursuant to the Terms;
2. (b)
  copy and store the Website and the material contained in the Website and/or the Software in your device's cache memory; and
3. (c)
  print pages from the Website and/or the Software for your own personal and non-commercial use.
Equimaps does not grant you any other rights whatsoever in relation to the Website, the Software or the Services. All other rights are expressly reserved by Equimaps.
12.4.
If you are a Subscriber, Equimaps grants to you a worldwide, non-exclusive, royalty-free, non-transferable, revocable licence, without a right of sub-licence, whilst you are a Subscriber to:
1. (a)
  use the Website and/or the Software pursuant to the Terms;
2. (b)
  copy and store the Website and/or the Software and the material contained in the Website and/or the Software in your device's cache memory;
3. (c)
  use any Courses which you have created or uploaded through the Toolkit Services (‘Your Courses’) in accordance with these Terms, and subject to Equimaps approval:
  1. (i)
    distribute copies of Your Courses to other Users or to members of the public;
  2. (ii)
    place advertisements on your copies of Your Courses; and
  3. (iii)
    sell copies of Your Courses.
Equimaps does not grant you any other rights whatsoever in relation to the Website, the Software or the Services. All other rights are expressly reserved by Equimaps.
12.5.
Equimaps retains all rights, title and interest in and to the Website, the Software and all related Services and intellectual property, including your Courses. Nothing you do on or in relation to the Website and/or the Software will transfer to You any:
1. (a)
  business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
2. (b)
  right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
3. (c)
  thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process); or
4. (d)
  intellectual property rights in Your Courses or any other Courses.
12.6.
You may not, without the prior written permission of Equimaps and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.
12.7.
Notwithstanding the preceding sub-clauses hereof, nothing in these Terms permits any User (whether a General User or a Subscriber) to print more than five thousand (5,000) copies of a map with satellite imagery background.
12.8.
Notwithstanding the preceding sub-clauses hereof, any map or other content that you produce or obtain through the Website, the Software or through the Services must contain the appropriate attribution (“the Attribution”): e.g. “Made with CrossCountry App ©Microsoft Bingmaps ©Openstreetmap”
12.9.
Notwithstanding the preceding sub-clauses hereof, you must not print screen shots of any map or other content that you produce or obtain through the Website and/or the Software unless such screen shots also contain the Attribution.
12.10.
This clause will survive termination or expiration of these Terms.

13. Content Provided By You

13.1.
In the event that you broadcast, publish, upload, transmit, post, distribute or otherwise provide content to us or to the Website or the Software, for example, by creating a Course, or by uploading photographs, audio, or other information to the Website or the Software (‘Provided Content’):
1. (a)
  you must not do so in a way that might infringe on the intellectual property rights of any person, company or other organisation;
2. (b)
  you warrant that you hold all necessary licences, permits, consents and rights authorising you to do so;
3. (c)
  you warrant that any information provided by you is true, complete and accurate to the best of your abilities;
4. (d)
  you acknowledge and agree that Equimaps holds all rights title and interest in and to your Provided Content;
5. (e)
  Equimaps grants you a worldwide, non-exclusive, royalty-free, non- transferable, revocable licence, without a right of sub-licence to use any of your Provided Content for your own non-commercial purposes, for example by sharing photographs which form part of your Provided Content on social media. This does not allow you to use your Provided Content for commercial purposes, such as by selling it or providing it to a competitor of Equimaps.
13.2.
This clause will survive termination or expiration of these Terms.

14. Privacy

14.1.
Equimaps takes your privacy seriously and any information provided through your use of the Website, the Software and/or Services is subject to Equimaps’ Privacy Policy, which is available on the Website and the Software.
14.2.
By accepting these Terms, you also agree to Equimaps’ Privacy Policy.

15. Error Tracking

15.1.
Equimaps collects anonymised error reports in order to improve the reliability and performance of the Website, the Software and the Services.
15.2.
By agreeing to these Terms you consent to this error reporting.

16. Third Party Links

16.1.
You hereby acknowledge that we may from time to time include links or references to other websites, other content or other materials (hereinafter "Third Party Links"), none of which are controlled by us.
16.2.
You hereby acknowledge that these Third Party Links are provided for your information only and that we do not make any representations, warranties or guarantees as to the accuracy, completeness, performance, reliability, timeliness, quality or suitability for a particular purpose of these Third Party Links. We do not endorse, approve or support these Third Party Links. You use the Third Party Links at your own risk.

17. General Disclaimer

17.1.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
17.2.
Subject to this clause, and to the extent permitted by law:
1. (a)
  all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. (b)
  Equimaps will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, personal injury, death, damage to property or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
17.3.
Use of the Website, the Software and the Services is at your own risk. Everything on the Website, the Software and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Equimaps make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Equimaps) referred to on the Website or the Software. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
1. (a)
  failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. (b)
  the accuracy, suitability or currency of any information on the Website, the Software, the Services, or any of their related products (including third party material and advertisements on the Website or the Software);
3. (c)
  costs incurred as a result of you using the Website, the Software, the Services or any of the products of Equimaps;
4. (d)
  the Services or operation in respect to links which are provided for your convenience; and
5. (e)
  any inadvertent or accidental release of information (such as the publication of a Course before you are ready for it to be published).
17.4.
In particular, you specifically acknowledge and agree that:
1. (a)
  from time to time the Website, the Software and/or the Services will be inaccessible, whether due to a technology failure, scheduled maintenance or otherwise;
2. (b)
  such unavailability of the Website, the Software and/or the Services may coincide with an event or competition and may affect the operation of the event or competition or may reduce the effectiveness of advertisements for sponsors of the event;
3. (c)
  from time to time the Website, the Software and/or the Services may encounter technical issues which cause information that has been entered into the Website or the Software (such as Your Courses) to be lost;
4. (d)
  Equimaps cannot recover individual Courses which have been lost, deleted or corrupted;
5. (e)
  you must take full responsibility for backing up any of your information such as Your Courses and for preparing contingency plans so that any events, competitions or advertising campaigns are not affected by unavailability of or technical issues with the Website, the Software and/or the Services;
6. (f)
  Equimaps has no control over the accuracy or completeness of any information that is made available through the Website, the Software or the Services by other Subscribers;
7. (g)
  as a Subscriber, you take full responsibility for the accuracy or completeness of any information that is entered into Your Courses or otherwise into the Website or the Software;
8. (h)
  you use the Website, the Services and the Courses at your own risk and accept that information that you receive through the Courses, the Website, the Software or the Services may contain inaccuracies or may be incomplete;
9. (i)
  as a User, you use the Website, the Software or the Services and the Courses at your own risk and accept that information that you receive through the Courses, the Website, the Software or the Services may contain inaccuracies or may be incomplete;
10. (j)
  as a Subscriber, in the event that you require a Course to be kept secret for a period (for example, prior to the announcement of a particular event), you must take full responsibility for maintaining the secrecy of that Course. For example, you should refrain from promoting the Course or publishing any links to the Website, the Software or to the Course until you are ready for the Course to be released to the public. You cannot rely on Equimaps to maintain the secrecy of a Course.
17.5.
This clause will survive termination or expiration of these Terms.

18. Equestrian activities

18.1.
In addition to the acknowledgements and acceptance of risk set out in clause 17, you acknowledge and agree that:
1. (a)
  equestrian cross country involves a significant degree of personal risk, and that these risks may include but are not limited to death, personal injury, or damage to property;
2. (b)
  equestrian cross country involves many specific risks including but not limited to sprains, strains, abrasions, lacerations, bruises, dislocations, fractures, nerve damage, head injury, brain damage, concussion, paralysis, spinal cord damage, or death;
3. (c)
  while participating in equestrian cross country, you may be exposed to further particular risks as a result of any health condition, pre-existing injury or disability, or any particular vulnerability from which you may suffer;
4. (d)
  weather conditions and the variable nature of outdoor equestrian cross country courses and terrain may also expose you to further particular risks while you participate in equestrian cross country;
5. (e)
  Equimaps has no control over any equestrian cross country courses or terrain. The information contained in the Courses, the Website, the Software and the Services is submitted by Users and Equimaps cannot confirm the accuracy of such information;
6. (f)
  you participate in any equestrian cross country activities at your own risk, and Equimaps accepts no responsibility for any loss, damage, personal injury or death which may result from your participation in the said equestrian cross country activities;
7. (g)
  the Courses, the Website, the Software and the Services are provided for informational purposes only and may contain inaccuracies or may be incomplete or out of date. Actual course terrain or obstacles may have moved, changed or been altered since the relevant Course was created in the Equimaps system;
8. (h)
  before you participate in any equestrian cross country activity, you should ensure that you are aware of and properly understand all risks involved in the activity, and that you have taken all necessary steps to manage and to mitigate that risk including but not limited to by wearing appropriate safety equipment and by carefully assessing the actual course terrain, obstacles and weather conditions.

19. Limitation of liability

19.1.
Equimaps' total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
19.2.
You expressly understand and agree that Equimaps, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
19.3.
This clause will survive termination or expiration of these Terms.

20. Termination of Contract

20.1.
The Terms will continue to apply until terminated by either you or by Equimaps as set out below.
20.2.
If you want to terminate the Terms, you may do so by:
1. (a)
  not renewing the Subscription prior to the end of the Subscription Period; and
2. (b)
  providing Equimaps with 15 days' notice of your intention to terminate; and
3. (c)
  closing your accounts for all of the services which you use, where Equimaps has made this option available to you. Your notice should be sent, in writing, to Equimaps via the 'Contact Us' link on our homepage.
20.3.
Equimaps may at any time, terminate the Terms with you if:
1. (a)
  you do not renew the Subscription at the end of the Subscription Period;
2. (b)
  you have breached any provision of the Terms or intend to breach any provision;
3. (c)
  Equimaps is required to do so by law;
4. (d)
  the provision of the Services to you by Equimaps is, in the opinion of Equimaps , no longer commercially viable.
20.4.
Subject to local applicable laws, Equimaps reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website, the Software or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Equimaps 's name or reputation or violates the rights of those of another party.

21. Indemnity

21.1.
You agree to indemnify Equimaps, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
1. (a)
  all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Content or any of your actions in connection with the Website, the Software or the Services;
2. (b)
  any direct or indirect consequences of you accessing, using or transacting on the Website or the Software or using the Services or attempting to do so; and/or
3. (c)
  any breach of the Terms.

22. Dispute Resolution

22.1.
Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
22.2.
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
22.3.
Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
1. (a)
  Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. (b)
  If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
3. (c)
  The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. (d)
  The mediation will be held in New South Wales, Australia.
22.4.
Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
22.5.
Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

23. Venue and Jurisdiction

The Services offered by Equimaps are intended to be viewed and used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, the Software or the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

24. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

25. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

26. Surviving Terms

At the termination or expiration of these Terms, any provisions which would by their nature be expected to survive termination or expiration shall remain in full force and effect. This includes but is not limited to any provisions which explicitly state that they are to survive termination or expiration.

27. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.