PLEASE READ THESE TERMS OF USE CAREFULLY. They set out the legal framework for using the App and Platform, subscriptions, and any associated fees.

The following additional terms also apply to you:

• A. MARTIAL ARTS & FITNESS TRAINING INDEMNITY AND RELEASE ADDENDUM: The provisions in the Martial Arts & Fitness Training Indemnity And Release Addendum form part of these Terms of Use and create a legally binding agreement between you and DFND where you participate in Arakan Martial Art and/or Arakan Fitness (as defined in the Addendum) workouts and programs offered by DFND on the Platform.

1 Agreement
1.1 These terms of use, along with any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (collectively "Terms of Use") govern your use of and subscription to the Arakan Martial Art Training application known as “DFND” ("App"), your use of the DFND website www.dfndapp.com (“Website”), blog or one of our other products or services, all of which are part of DFND’s Platform ("Platform") and whether or not you access the Platform on a free basis or a paid basis.
1.2 These Terms of Use constitute an agreement between you as the user ("User," "you," or "your") (and your executors, administrators, or assigns) and DFND Pty Ltd ACN 646 709 211 ("DFND", "we", "us” or "our") and supersede and replace any previous terms and conditions of service you may have agreed to with Us concerning the Platform.
1.3 Acceptance: By accessing and using the Platform and/or by clicking "I Agree" or a similar button, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Privacy Policy, and any other applicable policies. Your use of the Platform is contingent upon your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.
1.4 Electronic Acceptance: Your electronic acceptance of these Terms of Use has the same effect as if you had physically signed the agreement. You agree that your electronic acceptance constitutes your signature, acceptance, and agreement to be bound by these Terms of Use.
1.5 Parental or Guardian Consent: If you are under 18 years old, you must have a parent or legal guardian read and agree to these Terms of Use on your behalf. By allowing a minor to use the services, the parent or legal guardian agrees to be bound by these Terms of Use and assumes full responsibility for the minor's use of the services.

2 USER
2.1 Eligibility
By accessing or using the Platform, you must be at least the legal age of majority in your country or 18 years old, have full power, capacity and authority to agree to the Terms of Use, have not been previously suspended or removed from using the Platform and must provide accurate and complete information during the registration process. If you are under 18 years old, you may only use the services with the involvement and consent of a parent or legal guardian.
2.2 Parental or Guardian Consent
(a) If you are under 18 years old, your parent or legal guardian must read and agree to these Terms of Use on your behalf. By allowing a minor to use Platform, the parent or legal guardian agrees to be bound by these Terms of Use and assumes full responsibility for the minor's use of the services, including all financial charges and legal liability that the minor may incur.
(b) Verification of Consent: We reserve the right to request proof of parental or guardian consent at any time. Failure to provide such proof may result in the suspension or termination of the minor's account.
(c) Liability: By allowing a minor to use the services, the parent or legal guardian acknowledges and agrees that the use of the services is at their own risk. The parent or legal guardian agrees to indemnify and hold harmless DFND, its affiliates, and its employees from any claims, damages, or liabilities arising from the minor's use of the services.
(d) Termination: We reserve the right to terminate the account of any user under 18 years old if we believe that parental or guardian consent has not been properly obtained or if the minor is using the services in violation of these Terms of Use.
2.3 User Account Creation
(a) To use the Platform, you must create a user account (each, a "User Account") by providing your first and last name, your email address, your phone number, your date of birth, your postal address, your previous martial arts experience, your goals and other information that we may require from time to time. You can also create a User Account by using your Apple ID, Google Store ID or social media credentials with accompanying credit card details.
(b) You must ensure that your credentials are current, complete and accurate as they will be used by DFND to authenticate your email address and/or phone number. You also agree to update this information promptly to keep your account information accurate and complete.
(c) We may, at our sole discretion:
(i) limit the number of User Accounts that you may create or maintain;
(ii) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
(iii) refuse to create a User Account for you.
2.4 User Account General
(a) You agree not to use the user account of another user without permission. Your User Account is not transferrable and you must not transfer or assign your User Account to any other person or entity.
(b) You may not create multiple accounts for the same individual or entity without our express written permission. Any such accounts may be subject to termination.
(c) Your account information and other personal data are subject to our Privacy Policy, which governs our collection, use, and disclosure of your personal information.
(d) In the event you forget your password or are otherwise unable to access your User Account, you may use our User Account recovery process. You may be required to provide certain information to verify your identity.
(e) By creating a User Account, you consent to receive electronic communications from us related to your User Account and our services.
2.5 Security
(a) Account Responsibility: You are responsible for maintaining the confidentiality of your User Account information and access credentials, including your username and password. You agree to take all necessary precautions to protect your User Account and to notify us immediately of any unauthorised use or suspected breach of security.
(b) Account Activity: You are solely responsible for all activities that occur under your User Account. This includes any actions taken by individuals who have gained access to your User Account through your failure to maintain adequate security measures.
(c) Reporting Security Incidents: If you become aware of any security issues or unauthorised access to your User Account, you must notify us immediately at hello@dfndapp.com.
(d) Prohibited Actions: You agree not to engage in any activities that compromise the security of the Platform, including but not limited to:
(i) sharing your User Account credentials with others;
(ii) using another user’s user account without permission;
(iii) attempting to gain unauthorized access to the Platform, servers, or related systems;
(iv) introducing malware or other harmful software.
(e) Security Updates: We may issue updates or patches to enhance the security of the Platform. You agree to promptly install such updates to ensure the continued security of your account and the Platform.
(f) Liability for Security Breaches: You acknowledge and agree that we are not liable for any loss or damage arising from your failure to comply with the security obligations outlined in this clause.
2.6 Suspension and termination
(a) We may suspend your User Account or terminate your User Account / subscription at any time at our sole discretion and without prior notification to you if:
(i) you breach any of these Terms of Use;
(ii) any payments owed to us have not been paid by the due date;
(iii) we believe on reasonable grounds that you have caused genuine distress to, or have exhibited inappropriate behaviour towards any of our employees, agents or contractors, including but not limited to behaviour that is rude, harassing, indecent, abusive and/or offensive;
(iv) you act in a manner which prejudices our goodwill or reputation, including without limitation the making of any derogatory or defamatory statements regarding us, our employees, agents or contractors.
(b) These Terms of Use shall survive expiration, cancellation or termination of your User Account, or where you stop using the Platform.

3 SUBSCRIPTION SERVICE

3.1 Free trials
(a) We may offer users a free trial subscription to our Platform for a specified period, determined at our sole discretion. During the free trial subscription, you will have access to only select features (i.e. a base or introductory level) of the Platform at no cost.
(b) We reserve the right to modify or terminate free trial subscription offers at any time without prior notice.
3.2 Subscription, Levels and fees
(a) You may opt for a paid subscription to the Platform to gain access to further features and content within the Platform.
(b) However, access to certain features and content of the Platform under a paid subscription is contingent upon your completion of specific tasks within the Platform, such as watching instructional videos, participating in lessons and completing fitness and martial arts challenges. Progression through the Platform’s levels (and thus access to the further features and content) is determined by your engagement in these tasks. To be clear, a paid subscription will not provide you with access to all features and content of the Platform, and to obtain access to further features and content of the Platform, you must complete specific tasks within the Platform.
(c) Your subscription to the Platform will be on a monthly basis. The subscription fees are specified on the applicable app store from which the App can be downloaded, in the App and on our website (www.dfndapp.com) (“Website”).
(d) Where your country of residence is in Australia or New Zealand the fees for your subscription are GST inclusive.
(e) Your subscription is not transferrable.
(f) We reserve the right to change the subscription fees for our services at any time. Any changes to the subscription fees will be effective upon the next billing cycle following the notice of the fee change, unless otherwise specified. We will provide you with reasonable notice of any changes to the subscription fees. Notification will be given through one or more of the following methods: email, in-app notification, or by posting the updated fees on our Website. It is your responsibility to ensure that your contact information is up to date to receive such notifications. Your continued use of the services after the effective date of the fee change constitutes your acceptance of the new subscription fees. If you do not agree to the fee changes, you may cancel your subscription in accordance with our cancellation policy.
3.3 Promotional Offers and Special Discounts
(a) Promotional offers and special discounts (collectively, "Promotions") are available to eligible users as determined by DFND in its sole discretion. Eligibility criteria may include, but are not limited to, new user status, subscription type, or geographic location.
(b) Each Promotion is subject to specific terms and conditions, which will be provided at the time the Promotion is offered. By participating in a Promotion, you agree to be bound by these specific terms and conditions, in addition to these Terms of Use.
(c) Promotions are non-transferable and cannot be combined with other offers, discounts, or promotions unless expressly stated otherwise.
(d) Promotions are available for a limited time only, as specified in the terms and conditions of the Promotion. DFND reserves the right to modify or terminate any Promotion at any time without prior notice.
(e) To redeem a Promotion, you must follow the instructions provided in the terms and conditions of the Promotion. Failure to comply with these instructions may result in the forfeiture of the Promotion.
(f) Any misuse of Promotions, including but not limited to, creating multiple accounts to redeem a Promotion multiple times, may result in the suspension or termination of your account and the cancellation of any orders placed using the Promotion.
(g) Promotions are not redeemable for cash and are not refundable. If you cancel or modify an order placed using a Promotion, the value of the Promotion may be forfeited.
(h) DFND reserves the right to change, suspend, or cancel any Promotion at any time, including after you have redeemed the Promotion, if we determine, in our sole discretion, that the Promotion has been misused or is otherwise invalid.
3.4 Payment details
(a) iOS: Subscriptions are purchased using Apple In-App Purchase. DFND does not receive or store your Apple payment details.
(b) Android: Subscriptions are purchased using Google Play Billing.
(c) Website (if offered in your region): Direct purchases may be available on our website using supported payment methods listed there.
3.5 Automatic renewal of subscription
(a) Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the period ends. Your account will be charged for renewal within 24 hours prior to the end of the current period.
(b) iOS: Renewal and billing are handled by Apple. You can manage renewal in iOS Settings > [your name] > Subscriptions.
(c) Android: Renewal and billing are handled by Google Play. Manage renewal in Google Play.
(d) If you cancel your subscription before the end of your current billing period, your subscription will remain active until the end of that period, and you will not be charged for the next billing period. No refunds will be provided for any unused portion of the current billing period.
3.6 Refunds
(a) General Policy: Except as required by law, all purchases made through the Platform are final and non-refundable. We do not offer refunds for change of mind, incorrect selection, or if you find the services unsuitable after purchase.
(b) Australian Consumer Law Compliance: Our services come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). You are entitled to a refund or compensation for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-performed if they fail to be of acceptable quality and the failure does not amount to a major failure.
(c) Major Failures and Remedies: If you believe that there is a major failure with the services provided by DFND, please contact our customer service team immediately. We will assess the issue and, if a major failure is determined, you will be entitled to choose a remedy as provided under the ACL, which may include a refund or replacement.
(d) Contact Information: For any questions or to make a claim under the ACL, please contact our customer service team at hello@dfndapp.com .
(e) Exclusions: This clause does not exclude or limit your rights under the ACL or any other applicable laws.
(f) (iOS purchases) If you purchased via the Apple App Store, any refund requests are administered by Apple.
3.7 Cancellations
(a) iOS (Apple App Store): If you purchased a subscription on iOS, your subscription is billed and managed by Apple. You can manage or cancel at any time in iOS Settings > [your name] > Subscriptions. Cancellation takes effect at the end of the current billing period.
(b) Android (Google Play): If you purchased on Google Play, manage or cancel in Google Play > Payments & subscriptions.
(c) After cancellation, access continues until the end of the current period. No refunds are provided for the remaining period except as required by law.

4 LIVE ADD-ON SERVICES

(a) We may offer you additional live services via our Platform (including without limitation live online lessons, live online events and/or live online seminars) (“Live Add-Ons”), determined at our sole discretion.
(b) The Live Add-Ons fees will be specified in the App and on our Website. Where your country of residence is in Australia or New Zealand the Live Add-Ons fees are GST inclusive.
(c) Payment for the Live Add-Ons fees must be made in full prior to the Live Add-On being attended by you.
(d) iOS (payments for Live Add-Ons): One-to-one, real-time lessons (e.g., private coaching) and in-person sessions may be purchased in-app using third-party payment methods such as Stripe; Apple In-App Purchase is not required.
(e) You are responsible for ensuring that all payment information you provide is accurate and complete. We are not responsible for any issues or delays caused by inaccurate or incomplete payment information. If we are unable to process your payment due to inaccurate or incomplete information, we will not provide the Live Add-On to you.
(f) Certain banks or credit card issuers may charge additional fees for transactions made through the Platform. These fees may include, but are not limited to, foreign transaction fees, currency conversion fees, or other charges imposed by your bank or credit card issuer. You are solely responsible for any additional fees charged by your bank or credit card issuer. We have no control over these fees and are not responsible for reimbursing you for any such charges.
(g) If you wish to reschedule a live online lesson, 24 hours’ notice must be given and acknowledged by us, or your live online lesson and the fees you have paid for that live online lesson will be forfeited.

5 USE OF THE PLATFORM
5.1 By accessing and using the Platform, you agree to comply with these Terms of Use (including without limitation this clause) and all applicable laws and regulations:
(a) Unlawful Activity: You agree not to use the Platform for any unlawful purpose or in violation of any applicable laws, regulations, or legal obligations, including without limitation activities such as fraud, money laundering, and any other criminal activities.
(b) Unauthorised Use: You must not access or use the Platform in any unauthorised manner including without limitation, attempting to gain unauthorised access to the Platform, other user accounts, or computer systems or networks connected to the Platform through hacking, password mining, or any other means.
(c) Abusive Acts: You agree not to engage in any abusive acts while using the Platform, including without limitation harassment, threats, abuse, or any other behaviour that is harmful, offensive, or disruptive to other users or to the operation of the Platform.
(d) Fraud: You must not provide false, misleading, or inaccurate information to Us or other users of the Platform, including without limitation, impersonating any person or entity, or engaging in any fraudulent activities.
(e) Prohibited Content: You agree not to upload, post, or transmit any content that:
(i) is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; or
(ii) infringes on the intellectual property rights or other proprietary rights of any party; or
(iii) contains viruses, malware, or any other harmful code that could damage or interfere with the Platform or its users.
(f) Spamming and Phishing: You must not engage in spamming, phishing, or any other unsolicited advertising or promotional activities, including without limitation, sending unsolicited messages, advertisements, or other communications to users of the Platform.
(g) Interference with Platform: You agree not to interfere with or disrupt the security, integrity, or performance of the Platform or any data contained therein, including without limitation, the use of viruses, malware, or any other harmful code.
5.2 Reporting Violations: If you become aware of any unauthorised use of your account or any other breach of security, you agree to notify us immediately at hello@dfndapp.com.

6 AVAILABILITY OF SERVICES

6.1 We make reasonable efforts to provide continuous access to the Platform and its services. However, we do not guarantee that the services will be available at all times or without interruption. Access to the Platform may be temporarily unavailable due to maintenance, updates, technical issues, or other factors beyond our control. We will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
6.2 We may perform scheduled maintenance on the Platform from time to time. During such maintenance periods, the services may be temporarily unavailable. We will make reasonable efforts to provide advance notice of scheduled maintenance and to minimise any disruption to your use of the services.
6.3 In the event of unscheduled downtime or technical issues that affect the availability of the services, we will use commercially reasonable efforts to restore access. However, we do not guarantee that the services will be restored within any specific timeframe.
6.4 We reserve the right to modify, suspend, or discontinue any part of the services at any time without notice. This includes, but is not limited to, changes to features, functionality, or content. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the services.
6.5 The availability of the services may be dependent on third-party services, such as internet service providers, hosting services, and payment processors. We do not guarantee the availability or performance of these third-party services and are not responsible for any disruptions or issues caused by them.
6.6 You are responsible for ensuring that you have the necessary equipment, software, and internet connection to access and use the services. We are not responsible for any issues or limitations related to your equipment, software, or internet connection that may affect your ability to access the services.
6.7 You must promptly inform us if you become aware of any malfunction within the Platform or if you encounter any significant issue or connectivity problem that negatively impacts your access to or use of the Platform.
6.8 You may be required to download and install updates to the App to maintain access to the Platform and its services. Failure to do so may result in certain services on the Platform becoming temporarily unavailable to you until the necessary updates are installed.

7 INTELLECTUAL PROPERTY, USE LICENCE
7.1 Ownership: The Platform and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof and all patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights")) are owned by DFND, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not engage in any activity on or through the Platform, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
7.2 License Grant:
(a) Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use.
(b) Restrictions: You must not, and you are not authorised to:
(i) copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from us;
(ii) use DFND’s Intellectual Property Rights other than as set out in these Terms of Use;
(iii) remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform;
(iv) use any data mining, robots or similar data-gathering or extraction methods;
(v) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App;
(vi) reverse engineer, decompile, or disassemble any portion of the App, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(vii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
(viii) remove or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.
(c) Feedback: If you provide us with any suggestions, comments, or other feedback regarding the Platform, you agree that we may use such feedback in any manner we deem appropriate, including in future enhancements and modifications to the Platform, without any obligation to you.

8 CONTRIBUTED CONTENT

(a) User Contributions: As a user of the Platform, you may have the opportunity to contribute content to the Platform, including but not limited to, comments, reviews, photos, videos, and other materials ("Contributed Content"). You are solely responsible for the content you contribute and the consequences of sharing it. You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide us with such Contributed Content.
(b) Ownership and License: By contributing content to the Platform, you retain ownership of your Contributed Content. However, by posting or otherwise providing the Contributed Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use (including commercial use), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Contributed Content and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
(c) Content Standards: You agree that your Contributed Content will not:
(i) be illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
(ii) infringe on the intellectual property rights or other proprietary rights of any third party; or
(iii) contain viruses, malware, or any other harmful code.
(d) No Endorsement: We do not endorse any Contributed Content and expressly disclaims any and all liability in connection with user content. We reserve the right to remove or modify any content that violates these Terms of Use or is otherwise objectionable, at our sole discretion.
(e) Reporting Violations: If you believe that any content on the Platform violates these Terms of Use, please report it to us at hello@dfndapp.com. We will review all reports and take appropriate action as necessary.
(f) Compliance with Laws: You agree to comply with all applicable laws and regulations when contributing content to the Platform. This includes, but is not limited to, laws related to intellectual property, privacy, and defamation.

9 THIRD PARTY SERVICES AND CONTENT

(a) Integration with Third Party Services: The App may integrate with or enable access to third party services, websites, and content that are not controlled by us. These third-party services may include, but are not limited to, social media platforms, payment processors, and other external services.
(b) No Endorsement: The inclusion of any links to third party services or content in the App does not imply our endorsement, approval, or recommendation of these services or content. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any third party services or content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.
(c) Access and Use: Your access to and use of third party services and content is governed by the terms and conditions and privacy policies of such third parties. We encourage you to read those terms and policies carefully before using any third party services or engaging with any third party content. If you access the Platform using any services or software provided by third parties, you acknowledge and agree that we are not responsible or liable for any loss or damage of any kind that may result from your use of those third-party services or software
(d) No Liability: We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third party services or content.
(e) Discontinuation: We reserve the right to remove or disable access to any third party services or content at any time without notice. In such cases, we shall not be liable for any resulting loss or damage.
(f) Third Party Advertisements: The App may display advertisements for third party products or services. Your interactions with these advertisements are solely between you and the third party advertiser, and we are not responsible for any transactions or dealings you may have with such advertisers.
(g) User Content with Third Party Services: If the App allows you to share content or interact with third party services directly, you do so at your own risk. You agree that any content you share with or through third party services will comply with all applicable laws and regulations, as well as the terms and policies of those third parties.

10 LIMITATION OF LIABILITY, DISCLAIMER, INDEMNITY
(a) Limitation Of Liability
(i) Extent of Liability: To the maximum extent permitted by law, DFND and its affiliates, officers, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from:
(A) your use of or inability to use the Platform;
(B) any unauthorised access to or use of our servers and/or any personal information stored therein;
(C) any interruption or cessation of transmission to or from the Platform;
(D) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party;
(E) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform.
(ii) Limitation on Damages: In no event shall the total liability of DFND to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Platform during the twelve (12) months preceding the date of the claim.
(iii) Consumer Rights: Nothing in these Terms of Use is intended to exclude, restrict, or modify any rights you may have under the ACL or any other applicable legislation which may not be excluded, restricted, or modified by agreement.
(b) Disclaimer
(i) No Warranties: To the maximum extent permitted under all relevant federal, state, and local laws, statutes, regulations, ordinances, and codes that govern the use of the Platform (including any amendments, modifications, or updates to these laws that may occur from time to time) (“Applicable Laws”) the services provided by DFND are on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the operation or availability of the services, or the information, content, materials, or products included on the Platform.
(ii) Fitness for Purpose: To the maximum extent permitted under Applicable Laws and to the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services will meet your requirements, be uninterrupted, timely, secure, or error-free.
(iii) Accuracy of Information: While we strive to provide accurate and up-to-date information, we do not warrant or make any representations regarding the accuracy, reliability, or completeness of any information or content provided through the Platform.
(iv) The features on the Platform that promote physical activity or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your lifestyle, we suggest you obtain advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform.
(c) Indemnity
(i) User Indemnification: You agree to indemnify, defend, and hold harmless DFND, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
(A) your access to or use of the Platform;
(B) your violation of these Terms of Use;
(C) your infringement of any third-party rights, including but not limited to intellectual property rights or privacy rights;
(D) any claim that your content caused damage to a third party;
(E) the Contributed Content you provide;
(F) your violation of any Applicable Laws or the rights of any other person or entity.
(ii) Cooperation: You agree to cooperate fully with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without our prior written consent.

11 CHANGES AND UPDATES TO PLATFORM

11.1 Right to Modify: We reserve the right to modify, update, or discontinue the Platform, or any part of it, at any time and without prior notice to you. This includes, but is not limited to, changes to the Platform 's features, functionality, user interface, and content.
11.2 Automatic Updates: The Platform may automatically download and install updates from time to time. These updates are designed to improve, enhance, and further develop the Platform and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Platform.
11.3 Impact on Services: We are not liable to you or any third party for any modification, suspension, or discontinuance of the Platform, or any part thereof. We will make reasonable efforts to notify users of significant changes through the Platform or via email when possible.
11.4 Continued Use: Your continued use of the Platform after any changes or updates constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the Platform and uninstall it from your device.
11.5 Temporary Interruptions: From time to time, we may need to perform scheduled or unscheduled maintenance on the Platform, which may result in temporary interruptions. We will strive to provide advance notice of any significant maintenance periods when feasible but cannot guarantee uninterrupted access to the Platform.
11.6 Compliance with Updates: You agree to comply with all updates and changes to the Platform, including any additional terms that may accompany such updates. Failure to comply may result in restricted access to certain features or termination of your account.
11.7 Legal Compliance: Changes and updates to the Platform may be necessary to comply with legal requirements. We reserve the right to implement such changes at our discretion to ensure compliance with applicable laws and regulations.

12 CHANGES AND UPDATES TO TERMS OF USE

12.1 Right to Modify: We reserve the right to modify, update, or revise these Terms of Use at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms of Use on the Platform.
12.2 Notification of Changes: We will make reasonable efforts to notify you of any significant changes to these Terms of Use, such as through notifications within the Platform or via email. However, it is your responsibility to review these Terms of Use periodically for any changes.
12.3 Acceptance of Changes: Your continued use of the Platform after any changes to the Terms of Use constitutes your acceptance of the revised Terms of Use. If you do not agree to the updated Terms of Use, you must stop using the Platform and uninstall it from your device.
12.4 Material Changes: For material changes, we may provide additional forms of notice, such as pop-up notifications or other alert mechanisms within the Platform.
12.5 Reviewing Changes: We encourage you to review the Terms of Use regularly to stay informed of any updates. The "Effective Date" at the top of these Terms of Use indicates when the latest changes were made.
12.6 Binding Agreement: The updated Terms of Use will be binding on you as of the effective date indicated at the top of the revised Terms of Use. All prior versions of the Terms of Use will be superseded by the updated version.

13 GENERAL

13.1 Contact: If you have any questions, feedback or complaints, please contact the DFND team by email at hello@dfndapp.com.
13.2 Jurisdiction: These Terms of Use will be governed by and construed in accordance with the laws of the Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia.
13.3 Consumer Protections: Nothing in these Terms of Use shall limit or exclude any rights or protections you may have under any applicable consumer protection laws in your country. Your rights under such laws remain unaffected by the terms of this agreement.
13.4 Severance: If any provision contained in these Terms of Use is or becomes void, illegal or unenforceable for any reason whatsoever then such provision will be severed from these Terms of Use which otherwise continues to be valid and operative.
13.5 Entire Agreement: These Terms of Use, together with our Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and DFND regarding your use of the Platform. It supersedes all prior or contemporaneous communications, agreements, or understandings, whether oral or written, concerning the subject matter hereof.
13.6 Force Majeure: We will not be liable for any failure or delay in performing its obligations under these Terms of Use if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, or disruptions in telecommunications or internet services.
13.7 Relationship of Parties: Nothing in these Terms of Use will be construed as creating a partnership, joint venture, employment, or agency relationship between you and DFND.
13.8 Third Party Rights: These Terms of Use do not confer any rights or remedies upon any person other than you and DFND. No third party will have the right to enforce any of the terms contained herein.
13.9 Data Privacy: We are committed to protecting your privacy. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy. DFND’s Privacy Policy as amended from time to time can be accessed via its Website www.dfndapp.com.
13.10 Assignment: We may assign our rights and obligations under these Terms of Use to another entity, but this will not affect your rights under these Terms of Use. You are not permitted to transfer your rights and obligations under these Terms of Use to another person.
13.11 Waiver: No waiver of any term or condition of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.
13.12 The above terms may only be varied by an agreement in writing signed by the parties.
 

A - MARTIAL ARTS & FITNESS TRAINING INDEMNITY AND RELEASE ADDENDUM

MARTIAL ARTS ARE DANGEROUS AND FITNESS TRAINING IS POTENTIALLY HAZARDOUS

It is a precondition by DFND that you carefully read the following terms and agree to be bound by each of them before you will be permitted to participate in Arakan Martial Art and/or Arakan Fitness training offered by DFND on the Platform. DFND agrees to permit you to participate in an Arakan Martial Art and/or Arakan Fitness training offered by DFND on the Platform upon and subject to the following terms and conditions. For the avoidance of doubt, The Arakan Martial Art and/or Arakan Fitness training offered by DFND on the Platform may be provided (without limitation) by live or recorded video tutorial or lessons.
1 ACKNOWLEDGEMENT
I acknowledge and agree that either or both (whether or not I participate in both now or in the future):
1.1 Arakan Martial Art is a martial art techniques and activities involving strikes, kicks, and contact that are inherently hazardous, risky and dangerous; and
1.2 Arakan Fitness is also a potentially hazardous activity; and
that both involve risk of property damage and / or serious injury and / or death (whether to myself or a third party), and further that both Arakan Martial Art and Arakan Fitness are physically strenuous activities and I will be exerting myself
2 DECLARATION OF HEALTH
I HEREBY DECLARE that my general health is good and that I suffer no health-related problems or disability which could preclude my participation in Arakan Martial Art and/or Arakan Fitness. I declare that I have not taken and will not take any prescribed drugs or other substances which may impair my ability to safely participate in Arakan Martial Art and/or Arakan Fitness. I acknowledge and agree that DFND may refuse or cease allowing me to continue to participate in Arakan Martial Art and/or Arakan Fitness at any time if I suffer from any health related problems or disability which could preclude my participation in Arakan Martial Art and/or Arakan Fitness, or if I take any prescribed drugs or substances which may impair my ability to safely participate in Arakan Martial Art and/or Arakan Fitness. However in any event I agree and accept that DFND has no responsibility now or in the future to assess and has no and accepts no liability in respect of my medical condition, and in addition if I choose, fail, refuse or neglect to disclose to DFND any condition which could preclude my participation in Arakan Martial Art and/or Arakan Fitness or my taking of any prescribed drugs or substances which may impair my ability to safely participate in Arakan Martial Art and/or Arakan Fitness, or if I continue to participate in Arakan Martial Art and / or Arakan Fitness despite any medical condition or consumption of any prescribed drugs or substances (whether disclosed or not) then in all respects I indemnify and hold DFND harmless from any loss, damage, injury or death however caused.
3 DECLARATION OF INDEMNITY
I HEREBY ACKNOWLEDGE that of my own free will and desire I have contracted or engaged with DFND for the purpose of undertaking either or both of Arakan Martial Art and/or Arakan Fitness and I do hereby undertake to indemnify the Arakan Group, from and against all liabilities, loss or damage (however caused [including through negligence] which may be directly or indirectly suffered), cost and expenses incurred by it (or them) as a result of any action, proceedings, demands or claims taken or made by me or my heirs, executors or administrators, and/or made by any third party resulting from my use (or attempted use) of Arakan Martial Art and/or Arakan Fitness (to which any of the Arakan Group is implicated, joined, or against which allegations are made) as a result of property damage, injury or death suffered by me or caused by me to any third party (as the case may be) resulting from or relating to any activities of any of the Arakan Group whilst undertaking or utilising Arakan Martial Art and/or Arakan Fitness and any time thereafter.
4 ASSUMPTION OF RISK - WARNING!
Where a person is a consumer as defined by any relevant law such as the Competition and Consumer Act 2010 (Cth) or similar State law, then certain terms and rights will be implied into a contract for the supply of goods or services for the benefit of that person. These terms and rights and any liability of the Arakan Group flowing from them cannot be excluded, restricted or modified by any contract. In all other cases and except where inconsistent with the above, any person participating in or utilising in any manner either or both of Arakan Martial Art and/or Arakan Fitness or other activity carried on by the Arakan Group does so entirely at his/her own risk. Furthermore, the Arakan Group does not accept any liability, consequences or risk associated with your use of Arakan Martial Art and/or Arakan Fitness whatsoever whether in or incidental to your usual occupation or otherwise, nor does the Arakan Group allow, condone or warrant the suitability or appropriateness of using Arakan Martial Art and/or Arakan Fitness techniques outside of the training environment. The Arakan Group does not condone or agree to allow you to participate in any practice of Arakan Martial Art or Arakan Fitness outside of the training environment. Without limiting the foregoing any person utilising Arakan Martial Art and/or Arakan Fitness techniques in any manner and for any purpose does so entirely at his/her own risk, and assumes without any limitation, full responsibility for any and all risks of any property damage, injury or death suffered or caused to any third party.
5 RELEASE
5.1 It is a condition of using the Platform and taking part in either or both of Arakan Martial Art and/or Arakan Fitness, or utilising Arakan Martial Art and/or Arakan Fitness techniques in any manner, that the person, for him/herself, his/her heirs, executors and administrators, hereby waives and releases the Arakan Group (expressly including its employees, contractors, franchisees, instructors and trainers), from any and all claims, rights or causes of action against the Arakan Group that the person (or any relevant third party), his/her heirs, executors or administrators may have in respect of any loss of life or injury, damage or loss of any description including to property and howsoever caused (including negligent act or default and/or omission or breach of duty of the Arakan Group or otherwise) arising out of or relating to taking part in any Arakan Martial Art and/or Arakan Fitness, or utilising Arakan Martial Art and/or Arakan Fitness techniques in any manner, and does so on the acknowledgement that they do so entirely at their own risk.
5.2 In consideration of DFND offering Arakan Martial Art and/or Arakan Fitness, I agree that:
(a) EXEMPTION FROM LIABILITY: I exempt and release the Arakan Group from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to me, or any third party, or property while participating in any Arakan Martial Art and/or Arakan Fitness activities contemplated by the Terms of Use, or resulting from me utilising Arakan Martial Art techniques in any other manner whether such loss, damage, or injury results from the negligence of the Arakan Group or from some other cause.
(b) COVENANT NOT TO SUE: I agree to not institute any suit or action at law, or join any suit or action at law, and otherwise agree to be barred from any action against the Arakan Group and agree not to prosecute (or have prosecuted on my behalf) any claim for damages or cause of action which I, my heirs, executors or administrators hereinafter may have by reason of injury to my person, or third party, or to property allegedly arising from Arakan Martial Art and/or Arakan Fitness activities, or resulting from me utilising Arakan Martial Art and/or Arakan Fitness techniques or in any other manner, as contemplated by these Terms of Use.
(c) INDEMNITY AGAINST THIRD PARTY CLAIMS: I indemnify, save and hold harmless the Arakan Group from any and all losses, claims, actions or proceedings of every kind and character which may be presented or initiated by any persons or organisations and which arise directly or indirectly by my activities or neglect while engaged in Arakan Martial Art and/or Arakan Fitness activities, or resulting from me utilising Arakan Martial Art and/or Arakan Fitness techniques in any other manner, as contemplated by these Terms of Use.
(d) CONTINUATION OF OBLIGATIONS: I agree and acknowledge that the terms and conditions of the foregoing EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE and INDEMNITY AGAINST THIRD PARTY CLAIMS shall continue in force and effect now and in the future at all times during which I participate or utilise, and after I participate or utilise, either directly or indirectly, in Arakan Martial Art and/or Arakan Fitness, or use Arakan Martial Art and/or Arakan Fitness techniques, and shall be binding upon my heirs, executors and administrators of my estate.
6 RIGHTS AND RESPONSIBILITIES
I further ACKNOWLEDGE AND AGREE that:
6.1 I will reasonably adhere to and observe the DFND policies and procedures (as advised or amended from time to time), and other requirements provided and / or explained to me during the DFND member induction process, or video tutorial, or in any other documents provided to me by DFND from time to time;
6.2 I am choosing to participate in Arakan Martial Art and/or Arakan Fitness without the in-person supervision of DFND instructors in a controlled training environment and accordingly I am solely and entirely responsible for my own safety and the safety of those around me;
6.3 I am responsible for my safety and the safety of those around me at all times whilst I participate in Arakan Martial Art and/or Arakan Fitness;
6.4 I am not permitted by DFND to, and will not, demonstrate, practice or perform any Arakan Martial Art techniques (including but not limited to kicks, strikes or sparring):
(a) on anything other than safe and appropriate martial art equipment such as a dummy or punching bag; or
(b) with or on any person other than a fellow DFND subscriber,
and in a training environment and in safe and appropriate setting;
6.5 I will only practice and perform Arakan Martial Art techniques (including but not limited to kicks, strikes or sparring):
(a) on safe and appropriate martial art equipment such as a dummy or punching bag; or
(b) with or on a fellow DFND subscriber,
and in a training environment and in a safe and appropriate setting;
6.6 I have the right and responsibility to refrain from any exercise or training I believe will be harmful to me or others. I must evaluate each situation in the context of my skill and current physical condition, and conduct Arakan Martial Art and / or Arakan Fitness in a manner that is safe;
6.7 In the event of an injury, I have the right and responsibility to evaluate the extent of harm, stop what I am doing and determine if it is safe to continue;
6.8 In the event of a serious injury or appearance of a serious injury, I have the responsibility to stop what I am doing and seek urgent medical attention;
6.9 Where I participate in a live video tutorial of Arakan Martial Art and / or Arakan Fitness, I understand that I may not always have the instructor I desire, but I shall seek to learn from whomever is instructing, to show respect due to whomever is instructing, and to conduct myself in accordance with the etiquette and policies and procedures established by DFND;
6.10 I shall not in any way conduct myself inappropriately or take inappropriate advantage of the Arakan Martial Art and/or Arakan Fitness techniques that I learn;
6.11 While I am participating in Arakan Martial Art and / or Arakan Fitness I must check, confirm and ensure that:
(a) I have sufficient space to exercise or train;
(b) there are no trip or slip hazards in my exercise or training space;
(c) there are no objects that may fall on or come into contact with;
(d) there are no sharp objects or hot surfaces nearby to my exercise or training space;
(e) I have sufficient lighting;
(f) my camera, screen and/or other electrical appliances, including cables, are on a levelled surface and not in my exercise or training space causing a trip hazard;
(g) the room that I am exercising or training in has sufficient ventilation; and
(h) I have a supply of water to keep me hydrated during my exercise or training;
6.12 Where I have any existing injuries or other medical conditions, I will immediately seek medical advice before exercising or training;
6.13 Where I am under 18 years of age, I must be supervised by my parent or guardian whilst participating in Arakan Martial Art and / or Arakan Fitness; and
6.14 Where I am participating in Arakan Martial Art and / or Arakan Fitness in my home, I must check, confirm and ensure that all household members are aware of my exercising or training and avoid entering the exercise or training space.
7 PARENT OR GUARDIAN
(a) If you are under 18 years old, your parent or legal guardian must read and agree to this Addendum on your behalf.
(b) By allowing a minor to use the Platform, the parent or legal guardian certifies that he/she fully and unconditionally agrees to completely indemnify the Arakan Group against all liability resulting from any injury or death that may be sustained by his/her son/daughter/ward whilst participating in Arakan Martial Art and/ or Arakan Fitness activities, or sustained by any third party resulting from my son/daughter/ward utilising Arakan Martial Art and/ or Arakan Fitness techniques in any manner.
8 DEFINITIONS AND INTERPRETATION
8.1 “DFND” means DFND Pty Ltd ACN 646 709 211, its officers, instructors (trainers), contractors, servants, agents and employees (hereinafter collectively or individually “DFND” as the context requires).
8.2 “Arakan Group” means DFND and its officers, instructors (trainers), contractors, servants, agents and employees, and Arakan Martial Art Pty Ltd ACN 608 033 530 and its officers, instructors (trainers), contractors, servants, agents and employees.
8.3 “Arakan Martial Art” means all Arakan martial art activities, martial arts training and techniques, and use of such training methods and techniques, equipment and associated activities of the Arakan Group.
8.4 “Arakan Fitness” means all Arakan fitness training activities and techniques, including the use of all relevant equipment and associated activities of Arakan Group.
8.5 Unless otherwise specified, the capitalised or other words and phrases used in this Addendum have the same meaning as in the Terms of Use
9 ARAKAN AUTHORITY
9.1 I hereby consent to DFND sending or contacting me by means of commercial electronic messages (including emails, instant messages, SMS [text messages], MMS [image based mobile phone messages], and other electronic messages of a commercial nature), and/or contacting me through my social networking site account or other social networking means (as may be advised from time to time) for marketing and promotion of the DFND business and/or the business of Arakan Group purposes, or otherwise for logistical and operational purposes for conducting Arakan training, lessons, seminars, promotions, or similar. I understand and acknowledge that in the event that I do not wish to receive commercial electronic messages or be otherwise contacted from DFND through my social networking site I can unsubscribe (‘opt-out’) or cease contact at any time by the giving of notice in writing.
9.2 Further and without limiting the foregoing, I consent to DFND electronically storing my personal and training details (including fingerprint if provided) electronically within the Arakan student management software (or similar) operated by the Arakan Group for logistical and operational purposes for the conduct of Arakan training, lessons, seminars, promotions, and similar, subject to its privacy policy.
9.3 I agree that no trade mark (registered or unregistered), image, brand, logo, video tutorial or similar of Arakan or DFND may be used without the prior written permission of DFND.
9.4 I hereby consent to DFND taking or using my photograph / image and/or video image for use in marketing & promotional material and testimonials and any other publication of the Arakan Group (or authorised third party), and that DFND may reproduce, transmit, or publish my photograph or image or video image via its commercial electronic messages or its social media sites (including without limitation Facebook, Instagram, Tik Tok, YouTube, Pinterest, Twitter, Snapchat, WhatsApp, Tumblr, LinkedIn and Reddit) for such purposes, and I agree that such software, design, text, graphic, advertisements, and material utilising such photographs / images and/or video image are owned or licenced by DFND and are protected by international and Australian laws, and I shall have no rights, title or interest in any such material, and no rights to compensation for use of such photographs / images and/or video image of me.
9.5 I agree that I may not use, copy, modify, transmit, store, publish or distribute any Arakan provided or DFND provided material including but not limited to any Arakan video tutorial without prior written consent of DFND.
9.6 I will not solicit or promote my own business or interests including any goods or services to DFND, or other students/members of DFND without prior written permission by DFND.
9.7 I acknowledge that the methods and styles of Arakan Martial Art and/or Arakan Fitness are the property of DFND, and only to be taught by those authorised by DFND in writing (that is, only by Arakan Martial Art or Arakan Fitness instructors).
9.8 Unless authorised by DFND in writing, I acknowledge and agree that I will not (nor attempt to) now or at any time in the future teach or train any other person, directly or indirectly, in Arakan Martial Art and/or Arakan Fitness, whether for free, reward or otherwise, and without limiting the foregoing not for any reason whatsoever.

This below applies to your use of the DFND iOS app and supplements our Terms of Use outlined above.
1. Acknowledgement. This license is between DFND Pty Ltd and you, not Apple. DFND is solely responsible for the app and its content.
2. Scope of License. A non-transferable license to use the app on any Apple-branded device you own or control, consistent with Apple Media Services “Usage Rules,” including Family Sharing where applicable.
3. Maintenance & Support. DFND alone provides maintenance and support; Apple has no obligation to provide any maintenance or support for the app.
4. Warranty. DFND is responsible for any product warranties to the extent not disclaimed. If the app fails to conform to a warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent allowed by law, Apple has no other warranty obligations for the app; any other losses due to a failure to meet a warranty are DFND’s responsibility.
5. Product Claims. DFND is responsible for addressing any claims by you or third parties relating to the app or your possession and/or use of it (including product-liability, legal/regulatory non-conformity, and consumer-protection/privacy claims).
6. Intellectual Property. In any third-party claim that the app or your use of it infringes IP rights, DFND is solely responsible for investigation, defence, settlement, and discharge.
7. Legal Compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and you are not on any U.S. Government list of prohibited or restricted parties.
8. Developer Name & Contact. DFND Pty Ltd (ACN 646 709 211). Contact: hello@dfndapp.com. 5/175 Varsity Parade, Varsity Lakes QLD 422. PH : +61 7 5580 8345
9. Third-Party Terms. You must comply with any applicable third-party terms when using the app (e.g., your wireless data service agreement).
10. Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this Addendum and, upon your acceptance, Apple has the right to enforce it against you.
Conflict. To the extent of any conflict between this Addendum and §13.8 (“Third Party Rights”) of the Terms, this Addendum controls for the iOS app.