Terms and Conditions

Introduction

Thank you for selecting the Clear21 Assessing Platform (Platform) provided by Clear21 Pty Ltd ACN 645 481 983 and its related entities (collectively referred to as Clear21).

Please read these terms (Terms) carefully, as they constitute a legally binding agreement between you and Clear21 in relation to the use of the Platform and related services.

1. AGREEMENT

1.1 These Terms set out the basis on which we permit you to access the Platform and receive related services. By clicking ‘I Agree’ or otherwise by installing, accessing or using the Platform, you agree to be bound by:

(a) these Terms; and

(b) the Clear21 policies applicable to the Platform, as notified by us from time to time.

1.2 In these Terms, all references to:

(a) ‘us’, ‘we’ and ‘our’ are references to Clear21; and

(b) ‘you’ and ‘your’ are references to our customers and other individuals who we permit to access and use the Platform.

Changes to Terms

1.3 We may update or modify these Terms from time to time.

1.4 If we change these Terms, we will update the ‘last modified’ date at the top of this page, and notify you that the Terms have been changed via the Platform. You are responsible for reviewing any changes to the Terms. If you do not accept the changes, you must not use or access (or continue to use or access) the Platform and you may cancel your access to the Platform in accordance with paragraph 14. Your continued use of the Platform after any such change constitutes your acceptance of the new Terms.

Australia & New Zealand only

1.5 We do not represent that the Platform is appropriate or available for use in jurisdictions outside Australia or New Zealand. You are responsible for compliance with all applicable laws pertaining to your use of, and access to, the Platform in your jurisdiction.

2. TERM

2.1 These Terms will apply on each occasion that you use or access the Platform or receive related services from us.

2.2 Each of us may cancel your access to the Platform in accordance with paragraph 14.

2.3 The period during which these Terms apply is known as the ‘Term’.

3. LICENCE TO USE THE PLATFORM

3.1 During the Term, we grant you a non-transferable, non-exclusive, non-sub-licensable, revocable licence to access and use the Platform solely for your internal business purposes, subject to these Terms.

3.2 At all times during the Term and after, you must not commercialise, sub-licence, resell or otherwise exploit the Platform in any way that is not expressly permitted by these Terms.

4. PAYMENT

4.1 In consideration for your use of the Platform, you must pay to us the fees (Fees) set out at https://www.clear21.com/assessing/pricing, as updated from time to time (Pricing Terms).

4.2 You must pay the Fees in Australian dollars (if you are an Australian business) or New Zealand dollars (if you are a New Zealand business), plus any and all applicable taxes, including GST.

4.3 At the beginning of each calendar month, we will invoice you the applicable Fees for your use of the Platform and related services in the prior calendar month. Fees must be paid to us by the date that is 14 days after the date of invoice.

4.4 If you fail to pay the Fees in accordance with these Terms and the Pricing Terms, we may suspend or cancel your access to the Platform.

5. PLATFORM PERFORMANCE

5.1 We will provide the Platform and related services:

(a) in accordance with these Terms;

(b) with due care and skill;

(c) using appropriately skilled, experienced and qualified personnel; and

(d) in compliance with all laws applicable to us and relevant to the provision of the Platform and related services.

5.2 We will promptly notify you upon becoming aware of any problems or issues that arise in relation to the performance of our obligations under these Terms.

5.3 We commit to achieving a system up-time for the Platform of not less than 95%, calculated and averaged over a period of 12 calendar months from your first use of the Platform. This calculation will exclude any scheduled downtime for which reasonable prior notice is provided to you.

5.4 The above Platform up-time commitment will not apply where you are in breach of these Terms (including where you have failed to make payment in accordance with these Terms), during a planned outage or force majeure event, or where we can not reasonably access the relevant systems.

Use of internet and other providers

5.5 Use of the Platform may be available through a range of devices using Internet access and may require software which meets particular operating requirements. You are solely responsible for meeting these requirements, including any applicable charges, updates and fees (including for SMS messages, data plans, and general usage), as well as the terms of your agreement with your mobile device and telecommunications provider. We make no warranties or representations of any kind as to the availability of your telecommunication services from your provider, or any loss or damage you may incur by use of your telecommunication services.

5.6 You may, from time to time, engage other suppliers to provide you with products and/or services that relate to the Platform. We are not responsible for the performance of other suppliers engaged by you, or the integration of third party products or Platforms with the Platform. Modifications

5.7 We may update, modify, upgrade, develop, backup, add or remove features, redesign, improve or otherwise alter the Platform in our discretion at any time. This may extend to changes to the Platform in order to maintain consistency across our customer base.

6. YOUR OBLIGATIONS

6.1 You are responsible for ensuring that all information, data (including Customer Data (as defined in paragraph 10.1)) and materials uploaded to the Platform (Content) complies with these Terms.

6.2 You agree not to use, nor permit any third party to use, the Platform to upload, post, distribute, link to, publish, reproduce or transmit any of the following:

(a) illegal, fraudulent, defamatory, offensive, inappropriate or objectionable information, communications or Content of any kind;

(b) Content that would impersonate someone else, is misleading, or that constitutes a breach of any individual’s privacy;

(c) unsolicited commercial communication which engage in spamming or flooding;

(d) any computer virus, Trojan horse, worm or other disruptive or harmful software or data; or

(e) any Content which is not legally yours and / or where you do not have the permission of the owner of the Intellectual Property (as defined in paragraph 7.1) in the Content to do so.

6.3 You agree not to use, nor permit any third party to use, the Platform or Content in a manner that violates any applicable law or these Terms.

You also agree that you will not:

(a) provide access to or give any part of the Platform to any unauthorised third party;

(b) reproduce, modify, copy, deconstruct, rent, lease, sell, trade, resell, adapt, translate, reverse engineer, de-compile or disassemble the Platform, any part of the Platform or any related materials or information; or

(c) make the Platform available on any file-sharing or application hosting Platform.

6.4 You are responsible for securely managing your log-in details and password(s) for the Platform. You must immediately notify us if you become aware of any unauthorised access to your account or disclosure of your log-in details and password(s).

6.5 You agree to:

(a) provide us with such access, facilities, information, cooperation and assistance that we reasonably require in order for us to provide the Platform and properly perform our obligations under these Terms;

(b) comply with our directions and restrictions regarding access to and use of the Platform;

(c) ensure that all Content provided by you is and remains true and correct;

(d) immediately cease any use of the Platform that, in our opinion, does not constitute acceptable use, and which has been detailed in a notice from us to you; and

(e) where you become aware of any actual or potential misuse of the Platform, notify us in writing as soon as reasonably possible.

6.6 You are solely responsible for determining that the Platform meets the needs of your business and is suitable for the purposes for which the Platform is used. We accept no responsibility or liability for your use of or reliance on the Platform.

6.7 You acknowledge that we may monitor your use of the Platform, and agree that we may disclose any information or Content to third parties if this is necessary to satisfy our legal obligations, protect Clear21 or our customers, or operate the Platform properly.

6.8 We may in our sole discretion review and inspect your use of the Platform to ensure it complies with these Terms, any policies or directions notified to you, and any applicable laws. You are responsible for all such compliance, and you acknowledge that:

(a) we may or may not notify you of the findings of any review or inspection undertaken by us; and

(b) regardless of any review or inspection undertaken by us, you are fully responsible for ensuring compliance with these Terms, any policies or directions notified to you, and any applicable laws in connection with your use of the Platform.

6.9 You must not use any information available from the Platform or services made available by us for the purposes of sending unsolicited commercial communications (including SMS or similar) or which engage in spamming or flooding, and must at all times comply with all relevant legislation including the Spam Act 2003.

7. INTELLECTUAL PROPERTY

7.1 In these Terms, Intellectual Property means all intellectual property rights throughout the world, whether registered or unregistered, including rights in respect of copyright, designs, circuit layouts, trademarks, know-how, confidential information, patents, inventions and discoveries and any right to apply for registration of such rights.

7.2 Except as expressly provided in these Terms, nothing in these Terms transfers ownership in, or otherwise grants to the other party any rights in, the Intellectual Property of a party.

7.3 You acknowledge that we and/or our third party licensors (as the case may be) own and retain all Intellectual Property in the Platform and anything else supplied or made available by us to you under these Terms (Clear21 IP).

7.4 Without limiting paragraph 7.3, any:

(a) Intellectual Property developed by us; and

(b) changes, additions or improvements to Clear21 IP, immediately and directly vests in us upon its creation and will form part of the Clear21 IP.

7.5 You acknowledge and agree that you have no ownership rights, title or interest in or to the Clear21 IP and must not dispute our ownership of the same.

7.6 To the extent permitted by applicable laws, you grant us a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free, non-exclusive license to store, host, use, copy and modify any Content provided through your use of the Platform, including Intellectual Property comprised in such Content. We will treat such Content in accordance with these Terms.

7.7 You may submit feedback, suggestions, or ideas about the Platform, including in relation to future modifications of the Platform, other products or services, advertising or marketing materials, which includes without limitation any suggestions for improvements (Feedback). To the extent permitted by laws, by providing any Feedback to us, you:

(a) agree that we may use such Feedback for our business and commercial purposes without any compensation to you, including without limitation for development and improvement of the Platform; and

(b) grant Clear21 a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, royalty-free license to store, host, use, copy and modify the Feedback (including Intellectual Property in the Feedback) you provide to Clear21 in any way.

7.8 Despite any other provision of these Terms, you agree that we may use your Content or any other data set which relates to your use of the Platforms on an anonymised and aggregated basis, for the purpose of creating or providing to third parties statistical or analytic-based information about the Platform, our business, or the activities of our customers.

7.9 You must do all acts and things necessary to give effect to this paragraph 7.

8. CONFIDENTIALITY

8.1 In these Terms, Confidential Information means, in relation to a disclosing party (Discloser), all information or knowledge that:

(a) is by its nature confidential;

(b) is designated by the Discloser as confidential or proprietary to the Discloser or its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)); or

(c) the party receiving the Confidential Information (Recipient) reasonably ought to know is confidential, but does not include:

(i) information or knowledge rightfully obtained, whether or not in confidence, by the Recipient from a third party;

(ii) information or knowledge that is publicly available (other than through a breach of these Terms); or

(iii) information or knowledge that was known to the Recipient at the time of receipt.

8.2 Except as otherwise permitted by these Terms, including (without limitation) paragraph 7.8, the Recipient must:

(a) only use that Confidential Information for the purposes of exercising its rights and performing its obligations under these Terms;

(b) keep the Confidential Information confidential, and may only disclose the Confidential Information:

(i) to its officers, employees, agents, contractors and subcontractors (Personnel), related bodies corporate (as defined in the Corporations Act 2001) (Related Bodies Corporate) or subcontractors who have a need to know for the purposes of fulfilling the Recipient’s obligations under these Terms;

(ii) to its professional advisors, upon obtaining a similar undertaking of confidentiality from such advisors;

(iii) to the extent permitted under these Terms, or as required by any law or order of any court, governmental agency or body having the power to compel disclosure; or

(iv) with the prior written consent of the Discloser;

(c) ensure that its relevant Personnel, Related Bodies Corporate and subcontractors are made aware of and are bound in writing by, the duty of confidence that is owed by the Recipient; and

(d) on discovery of any breach of this paragraph by the Recipient or any person in possession of Confidential Information through the Recipient, immediately notify the Discloser of such breach and co-operate with the Discloser in every reasonable way to help the Discloser regain possession of the Confidential Information and prevent its further unauthorised use or disclosure.

9. PRIVACY

9.1 In these Terms, Personal Information has the meaning in the Privacy Act 1988 (Cth) or the Privacy Act 2020 (NZ), as applicable (Privacy Act), and in broad terms includes information or an opinion about a person which is reasonably capable of identifying that person.

9.2 You acknowledge and agree that:

(a) in order to provide you with the Platform, we may need to collect Personal Information of your Personnel (as defined in paragraph 8.2) or customers;

(b) the primary purposes for which we collect such Personal Information is to manage your access to and use of the Platform;

(c) we will collect and handle such Personal Information in accordance with Clear21’s Privacy Policy, located https://www.clear21.com/assessing/privacy-policy (Privacy Policy), as amended from time to time; and

(d) we use cookies on our websites for system health analytics and anonymous web usage analytics. To the extent (if at all) the data obtained from these cookies results in our collection of Personal Information, such information will also be handled in accordance with our Privacy Policy.

9.3 Each of us must comply with the Privacy Act and any other applicable laws governing Personal Information with respect to:

(a) any Personal Information which is shared between you and us; and

(b) any act done or practice engaged in by you or us, for the purposes of these Terms.

9.4 Each of us will implement reasonable technical and organisational measures to protect against the misuse, loss or unauthorised disclosure of any Personal Information that is collected or received by either party under these Terms. Such measures will be in accordance with generally accepted industry practice and in any event will be at least as protective as the measures adopted by a party to protect its own data of a similar nature or importance.

9.5 Despite anything else in these Terms, you must ensure that:

(a) you have obtained all necessary consents from, and/or issued all necessary privacy collection notices to, any individuals whose Personal Information may be submitted to the Platform or to us directly, prior to submitting that Personal Information; and

(b) such consents and/or collection notices permit our proposed uses for Personal Information as set out in these Terms or otherwise notified to you.

9.6 Each of us must provide reasonable assistance to the other in relation to any privacy-related complaints or regulatory enquiries.

9.7 Each of us must notify the other if it becomes aware of a data breach that is or may reasonably be an ‘eligible data breach’ within the meaning of the Privacy Act, with respect to any Personal Information held in connection with these Terms.

10. CUSTOMER DATA

General

10.1 Data specific to you that is entered into the Platform (Customer Data) is owned by you.

10.2 You are responsible for the accuracy, quality and legality of Customer Data, and we accept no liability for the content of Customer Data.

Data Transfer to Ancillary Platforms

10.3 If applicable, we may give you the option to request that we transfer some of your Customer Data from the Platform to certain supported ancillary Platforms (Ancillary Platforms), for example via APIs with insurers and other providers or bodyshop management systems, in order to facilitate certain interoperability, data integration, and data access between the Platform and the Ancillary Platforms (Data Transfer).

10.4 In order for you to select the Data Transfer option, you:

(a) must have registered select versions of the Platform;

(b) must have Internet access; and

(c) may need to be an active subscriber to the Ancillary Platforms.

10.5 If you select the Data Transfer option, portions of your Customer Data will be transferred to the Ancillary Platforms; where you grant the providers of the Ancillary Platforms the right and license to:

(a) host and maintain your Customer Data;

(b) use and transfer your Customer Data to the Ancillary Platforms; and

(c) reformat and manipulate your Customer Data as reasonably necessary for the Customer Data to function with the Ancillary Platforms.

10.6 Your original Customer Data will remain in the Platform.

10.7 If you sign up for any Ancillary Platforms, you may request that Clear21 send your Customer Data to any of those supported Ancillary Platforms. If a supported Ancillary Platform is provided by a third party, you authorise us to perform the Data Transfer to and from the third party provider to enable provision of the Ancillary Platforms to you.

10.8 We will support and maintain the Data Transfer Platform as part of the Platform. You agree that the third party provider may transfer your data from the Ancillary Platform to us, and that we may collect and use such Customer Data subject to these Terms.

10.9 You agree and acknowledge that Clear21 has no control over any third party provider or any third party Ancillary Platforms. Your use of the Ancillary Platform is subject to additional third party terms and conditions as may be specified by the provider of the Ancillary Platform.

10.10 You further agree and acknowledge that your Customer Data, including your financial or Personal Information, may be transferred to a third party Platform provider who may be located in a country that does not have adequate security controls to protect your Customer Data.

10.11 Please carefully review any such third party provider’s terms and conditions, including their privacy policy. If you do not agree with their terms and policies, you should not use or access the third party Ancillary Platform and you should not authorise the Data Transfer to the third party Ancillary Platform. Data Storage

10.12 Provided that you pay us the data storage fees as set out in the Pricing Terms (Data Storage Fees), we will keep a copy of your Customer Data for 12 months from the effective date of termination of these Terms or cancellation of your access to the Platform (Initial Data Retention Period). This is known as the Data Storage Subscription.

10.13 During the Initial Data Retention Period, your Customer Data file (and all related data and content such as images and digitized documents) will be put into a “read only” mode. It is entirely your responsibility to download or print all of your Customer Data and related files before the Initial Data Retention Period ends.

10.14 If you do not wish to subscribe to a Data Storage Subscription, all Customer Data may be permanently deleted from our servers, without further notice to you, after 30 days from the effective date of termination of these Terms or cancellation of your access to the Platform, or the end of the Initial Data Retention Period (as applicable). We have no liability to you in such case.

10.15 If you wish us to continue to store your Customer Data beyond the Initial Data Retention Period, you must renew the Data Storage Subscription by paying the relevant Data Storage Fees prior to the expiration of the then-current Data Retention Period. Data storage subscription details are available in the Pricing Terms and are also available upon request.

11. PLATFORM USE, STORAGE AND ACCESS

11.1 We will maintain security controls over Customer Data and Content in accordance with our Security Policy, located at https://www.clear21.com/assessing/security-policy. Without limiting our Security Policy, you acknowledge that the Platform is hosted on the servers of reputable third parties that administer security controls consistent with good industry practice.

11.2 Despite paragraph 11.1, we may, in our sole discretion and with reasonable notice to you, revise, update, or otherwise modify the Platform and establish or change limits concerning use of the Platform, temporarily or permanently, including but not limited to:

(a) the amount of storage space you have on the Platform at any time, and

(b) the number of times (and the maximum duration for which) you may access the Platform in a given period of time.

11.3 We may make changes referred to in paragraph 11.2 effective immediately to maintain the security of the Platform or user’s access information or to comply with any laws, and will provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Platform to which such changes relate.

11.4 Your continued use of the Platform will constitute your agreement to the changes referred to in this paragraph 11.

11.5 We may, from time to time, perform maintenance upon the Platform resulting in interrupted performance, delays or errors in the Platform. We will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

12. WARRANTIES

12.1 Each of us represents and warrants to the other party that:

(a) it is duly authorised to enter into these Terms; and

(b) it has obtained all relevant licences, permissions, authorisations, consents and approvals required to perform its obligations under these Terms.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1 You are responsible and liable for your use of the Platform.

13.2 To the maximum extent permitted by law, and except as otherwise expressly set out in these Terms:

(a) all express or implied guarantees, warranties or representations relating to these Terms or its subject matter are excluded; and

(b) the Platform is provided to you on an ‘as is’ basis.

13.3 If any guarantee, warranty or representation is implied into these Terms and cannot be excluded at law but can be limited, then the liability of Clear21 for breach of such guarantee, warranty or representation is limited (at our option) to:

(a) supplying the services again; or

(b) the payment of the cost of supplying the services again.

13.4 We do not warrant that:

(a) the Platform will be error free, free from viruses, operate without interruption (including as a result of interference or prevention of access to the Platform as a result of the operation of public telephone Platforms, computer networks and/or the internet) or appear precisely as described to you by us;

(b) external or third party systems connected via integrations by us, will at all times be functional; or

(c) the Platform will meet the particular requirements of your business.

13.5 Any claim against Clear21 in respect of a failure to comply with our obligations under these Terms must be made within 60 days of you becoming aware of the alleged failure.

13.6 Except as provided above, Clear21’s maximum aggregate liability to you (whether incurred in contract, tort, negligence, breach of warranty, indemnity, in equity or in any other way) arising under or in connection with these Terms or the provision of the Platform or related services will in no circumstances exceed the total fees that you have paid to us in the 3 month period prior to the date on which the liability first arose.

13.7 Clear21, its Personnel, affiliates and suppliers will not be liable for any indirect or consequential loss or damage suffered or incurred by you in any way which arises from or in connection with your use of the Platform or otherwise in relation to these Terms.

13.8 You agree to indemnify, keep indemnified and hold Clear21 and its affiliates and suppliers harmless from any and all claims, liability and expenses, including legal costs, arising out of your use of the Platform or breach of these Terms. Such indemnity will not apply to the extent any relevant claim, liability or expense was caused or contributed to by us.

13.9 You acknowledge that a breach of any provisions of these Terms, or any infringement of our or our suppliers’ Intellectual Property may cause Clear21 irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that we will be entitled, in addition to any other remedies available to us, to seek in any court of competent jurisdiction any relief (whether equitable or otherwise) to prevent or restrain any such breach or infringement.

14. CANCELLATION

14.1 You can cancel your access to the Platform at any time by providing at least 7 days’ written notice to us prior to the next scheduled billing date.

14.2 We can cancel your access to the Platform at any time by providing at least 7 days’ written notice to you prior to the next scheduled billing date.

14.3 If cancelled under paragraph 14.1 or 14.2, your access to the Platform will end upon expiry of the relevant notice period, however the Term will end upon you paying your final invoice (subject to any post termination data storage services agreed in accordance with these Terms).

14.4 Without limiting paragraph 14.2, we can cancel your access to the Platform immediately at any time if your use of the Platform presents a safety or security risk, may compromise the Platform, or you otherwise act fraudulently, dishonestly or seek to intentionally compromise the operation of the Platform or the experience of other users.

14.5 Upon cancellation of your access to the Platform:

(a) your access to the Platform will cease;

(b) your access to your Customer Data will be governed by paragraphs 10.12 to 10.15;

(c) these Terms will automatically terminate; and

(d) you will not be entitled to any refund or reimbursement of the Fees.

15. TERMINATION

15.1 If you fail to comply with these Terms, we may, in our sole discretion, terminate these Terms and/or terminate or suspend your access to the Platform:

(a) if you fail to remedy the breach within 7 days’ of receiving a notice from us which sets out the particulars of the breach; or

(b) immediately, if your breach is incapable of remedy.

15.2 Upon termination, you must immediately cease accessing or using the Platform, and any outstanding payments will remain due and payable. Any termination of these Terms will not affect our rights to any payments due to us.

15.3 Paragraphs 1.5, 3.2, 6, 7, 8, 9, 10.12 to 10.15, 13, 14.5, 15.3 and 16 will survive and remain in effect after these Terms are cancelled, terminated or expire, as well as any other paragraphs which by their nature are intended to survive and remain in effect after cancellation, termination or expiry.

16. MISCELLANEOUS

16.1 These Terms are governed by the laws of Victoria, Australia, and you submit to the jurisdiction of the courts of Victoria, Australia.

16.2 These Terms constitute the entire agreement between you and us and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having jurisdiction, rules that any part of these Terms is invalid, that section will be read down or removed without affecting the remainder of these Terms.

16.3 You may not assign or transfer ownership of or your rights in these Terms to any third party without our written approval. We may assign or transfer our rights to or under these Terms without your consent.

16.4 If any act, event or cause (other than lack of funds) occurs that affects a party and is outside their reasonable control (Force Majeure Event), the party affected (Affected Party) must promptly notify the other party and provide details of the Force Majeure Event.

16.5 For so long as the Force Majeure Event subsists, the Affected Party is not liable for any failure or delay in performing its obligations under these Terms (other than a payment obligation) to the extent it is affected by the Force Majeure Event.

16.6 The Affected Party must:

(a) use its reasonable endeavours to remove, overcome or mitigate the effects of that Force Majeure Event; and

(b) keep the other party regularly informed as to the steps or actions being taken to achieve this.

16.7 If a Force Majeure Event continues for more than 60 days, either party may terminate these Terms by giving written notice to the other party.

17. BETA FEATURES

17.1 From time to time, we may, in our sole discretion, include new and/or updated beta features (Beta Features) in the Platform for your trial and use (fees may apply), and for which you may provide feedback to us.

17.2 You understand and agree that:

(a) your use of any Beta Features is voluntary and we are not obliged to provide you with any Beta Features;

(b) once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature; and

(c) if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version.

17.3 The Beta Features are provided on an ‘as is’ basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.

18. THIRD PARTY PRODUCTS AND PLATFORMS

18.1 We may:

(a) tell you about third party products or Platforms, including via the Platform;

(b) offer products and Platforms to you on behalf of third parties who are not affiliated with us (Third Party Products); and

(c) provide access or links to third party websites (Third Party Sites).

18.2 If you decide to use any Third Party Products or access any Third Party Sites, you are solely responsible for this and acknowledge that you should review the separate product terms, website terms and privacy policies of the relevant third parties. We will not be liable for any damages, claims or liabilities arising in relation to the third parties, Third Party Products or Third Party Sites.

19. COUNTRY SPECIFIC TERMS

New Zealand

19.1 In the event of any conflict between these Terms and the country specific terms in this paragraph (Country Specific Terms), the Country Specific Terms will prevail if you are accessing or using the Platform in New Zealand.

19.2 Affiliate definition. An “affiliate” means a Related Company as defined in section 2(3) of the Companies Act 1993 (read as if the expression ‘company’ in that subsection included any body corporate of any jurisdiction).

19.3 New Zealand Consumer Guarantees Act 1993. The New Zealand Consumer Guarantees Act 1993 does not apply.

19.4 For the purposes of the Contract and Commercial Law Act 2017, Clear21’s affiliates and subsidiaries are third party beneficiaries and will be entitled to enforce the terms of these Terms against you but any changes may be made to these Terms by Clear21 without their consent.