16.
INDEMNIFICATION
You
agree
to
indemnify,
defend,
and
hold
harmless
AMBD,
its
affiliates,
officers,
directors,
employees,
agents,
and
partners
from
and
against
any
and
all
claims,
liabilities,
damages,
losses,
costs,
and
expenses,
including
reasonable
attorneys'
fees,
arising
from
or
related
to
(i)
your
use
of
or
access
to
AMBD’s
platform,
(ii)
any
content
you
submit,
post,
or
transmit
through
AMBD,
(iii)
your
violation
of
these
Terms,
(iv)
your
infringement
or
misappropriation
of
any
intellectual
property
or
other
rights
of
a
third
party, or (v) any unlawful, negligent, or wrongful actions by you or anyone accessing your account.
AMBD
reserves
the
right,
at
its
own
expense,
to
assume
the
exclusive
defence
and
control
of
any
matter
otherwise
subject
to
indemnification
by
you,
in
which
event
you
agree
to
cooperate
fully
with
AMBD
in
asserting
any
available
defences.
This
indemnity
obligation
will
survive
the
termination
or
expiration
of
these Terms and your use of AMBD’s platform.
17.
GOVERNING LAW AND DISPUTE RESOLUTION
a)
Governing
Law
:
This
Agreement
shall
be
governed
by
and
construed
in
accordance
with
the
laws of the
State of Victoria (Australia)
, without regard to its conflict of law principles.
b)
Negotiation
and
Informal
Resolution
:
In
the
event
of
any
dispute,
controversy,
or
claim
arising
out
of
or
relating
to
this
Agreement,
the
user
and
the
Company
hereby
agree
to
first
attempt to resolve the matter through good faith negotiations and discussions.
c)
Judicial
Action:
If
amicable
resolution
is
not
reached
despite
attempts,
in
that
case
either
the
user
or
the
Company
may
initiate
legal
proceedings
in
the
appropriate
court
located
in
Melton,
Australia
.
d)
No
Class
Actions
:
The
user
and
the
Company
agree
that
any
dispute
resolution
proceedings
will
be
conducted
on
an
individual
basis
and
not
as
a
class,
collective,
or
representative
action.
Both parties waive the right to participate in or bring class actions.
e)
Attorneys'
Fees:
In
the
event
of
any
legal
action
arising
from
or
related
to
this
Agreement,
the
prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
f)
No
Waiver
of
Rights
:
The
pursuit
of
legal
action
shall
not
be
construed
as
a
waiver
of
any
rights or remedies available under this Agreement.
g)
Continuation
of
Service:
Pending
the
resolution
of
any
dispute,
the
user
agrees
to
continue
abiding by the terms of this Agreement.
h)
Rights
Unaffected:
Nothing
mentioned
in
this
Section
shall
affect
the
rights
of
the
Parties
to
seek any relief of an urgent nature.
18.
DISPUTES BETWEEN USERS AND BUSINESSES
AMBD
serves
as
a
platform
to
connect
users
with
Muslim-owned
businesses
and
services
in
Australia
but
does
not
directly
involve
itself
in
interactions,
transactions,
or
agreements
between
users
and
businesses.
In
the
event
of
a
dispute
arising
between
a
user
and
a
business
listed
on
AMBD,
both
parties
are encouraged to resolve the matter independently and professionally.
AMBD
is
not
liable
for
any
disputes,
disagreements,
or
conflicts
that
may
occur
between
users
and
businesses,
including
but
not
limited
to
issues
related
to
services,
payments,
cancellations,
or
job