GENERAL TERMS OF USE
These General Terms of Use are a legal agreement between the users ("User", you") and Hubster AU PTY LTD, a legal entity incorporated under the laws of Australia, having its office at Suite 2, Level 3 55 Murray Street, Pyrmont 2009 (“HUBSTER”) owner of the brand, products and services Hubster, which governs the use of Hubster products and services, including mobile applications, websites, systems, equipment and other products and services (collectively, "Services"). Please read carefully all the terms of use contained in this instrument (“Term of Use”).
- Acceptance of the Agreement
By using the information, tools, functions, software and functionalities of the Services (including content, updates and new releases from HUBSTER), you agree to be bound by these Terms of Use, being a “Visitor” (which means that you only visit the site) or a “Customer” (meaning you have an account with us to use the Services). The terms "you" or "User" refer to both Visitors and Customers. If you use the Services on behalf of a restaurant or other business, you represent and warrant to HUBSTER that (a) you are authorized to enter into contracts on behalf of the restaurant or business, (b) your acceptance of this Agreement will be on behalf of the restaurant or business and (c) the terms "you" or "User" refer to the restaurant or business. The term “we” refers to HUBSTER.
If you wish to become a Customer or wish to use the Services, you must read these Terms of Use and indicate your acceptance during the registration process. You may not use any of the Services or accept these Terms of Use if you are not legally authorized to accept and be bound by this Agreement or if you are not at least 18 years of age.
Before proceeding, print or save a copy of these Terms of Use for your reference.
- Account Registration
To use non-public functions of the Services, it is necessary to register an account with the HUBSTER (“Hubster Account”). During registration, we will ask the User for information that may contain, but is not limited to, his name and other personal information. You authorize us to ask questions that we deem necessary in order to validate your identity. This means that we may request more information, your full address, your date of birth or similar information, request that you take steps to confirm ownership of your email and / or verify information that you have provided in third party databases or to from other sources, it being certain that such information will be preserved. If you do not provide this information or HUBSTER is unable to verify your identity, we may refuse your access to the Services, and we reserve the right to change the type, suspend or terminate the Hubster Account of anyone who provides inaccurate, untrue, or incomplete, or that do not meet the Hubster Account registration requirements.
You are responsible for maintaining the confidentiality of your password, which, together with your email, allows you to authenticate your identity and access the Services. This email and password, together with any phone number, restaurant name, personal name, address and any other information you provide about your restaurant, its operation, its owners and employees, make up your “Registration Information” . By providing your email, you agree to receive all necessary notices and information in that email. Electronic communications may be disclosed on the Site, through the HUBSTER interface, and / or sent to the email we have filed in your name.
You represent and warrant that all Registration Information provided is complete and accurate, and acknowledge that we have the right to rely on such Registration Information without having to double check it. It is your responsibility to promptly update us with your complete and accurate contact information or to change your Registration Information, including email, as appropriate.
- Notices, Communications and Notifications
Notices will be made available in the body of the email or via a hyperlink to the appropriate page on the Service. Your consent to receive communications electronically is valid until the end of your relationship with us.
You will be able to print a copy of any electronic communications and keep them for your reference. We reserve the right to terminate or change the form of delivery of electronic communications and will send an appropriate notification to that effect, in accordance with applicable law.
If you believe that your Hubster Account or your Registration Information or Account Information (as defined below) or that the device you use to access the Services has been lost or stolen, or that someone is using your HUBSTER account without permission, you must contact us, notify immediately by email [email protected] to minimize possible damage. You are responsible for all activities that occur under your Hubster Account and agree to maintain the security and confidentiality of your HUBSTER username and password at all times. Unless otherwise permitted in writing by HUBSTER, you may only have one Hubster Account.
You agree to accept and receive our notifications, including emails, text messages, calls and push notifications to the cell phone number you provide to us when you sign up for a Hubster Account or update the contact information associated with your account. Such communications may include, but are not limited to, secondary authentication requests, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receiving promotional texts or calls as a condition of using the Services.
Call communications and text messages can be generated by automatic dialing systems. The standard message and data rates applied by the mobile operator may apply to the text messages we send you.
You can choose to opt out of receiving promotional email communications that we send following the unsubscribe options in the emails themselves. You can choose to opt out of receiving promotional calls by informing the attendant that you would not like to receive promotional calls in the future. You understand that canceling the receipt of communications may impact your use of the Services.
- Description of services; Adding and Managing Different Channels; Payments
The Services allow you to add and help manage your order queue originating from multiple channels. The Services may support, for example, orders that arrive through its own website, through telephone calls or through third-party online food ordering (“Online Platforms”). You represent and warrant to us that (a) you have chosen to use one or more food ordering channels or Online Platforms, (b) you have no exclusive contractual relationship with any food ordering channel or Online Platform and you do not wish to be limited to one channel or Online Platform and (c) intends to use the Services to add and manage these channels and Online Platforms and other services in a more convenient and efficient manner.
The paid functions of the Services are subject to additional terms (the “Order Term”) presented at the time of the applicable order. We will use a third party provider to process payments for the Services and will not store credit card numbers. We also reserve the right to reject any request. Unless specifically described otherwise in the Order Terms, we will not provide refunds for the Services.
- Account Information for Integrated Providers
The Services may provide integrations with Online Platforms, payment processors, website hosting services, point-of-sale systems or other third party services (collectively, the “Integrated Providers”). If you have a separate customer relationship with a provider, you may be eligible to connect your account with the Integrated Provider with your HUBSTER account. We call this the “Connection” of these accounts. You will be able to connect accounts with Integrated Providers when you create your account or afterwards, as long as your Hubster Account remains active.
As soon as you connect to an Integrated provider account, you hereby direct HUBSTER to access, retrieve and use information related to (a) you or your relationship with that provider; (b) orders placed at your establishment; or (c) diners who have placed orders with you or Integrated Vendors (such diners, “Diners”, and such information, “Diner Data”), in each case, when such information is provided, maintained or otherwise made available by the Integrated Provider. (All of this information is collectively the “Account Information”). When connecting your account, you can also direct HUBSTER to interact with the Integrated Provider on your behalf. Such interactions may include, for example, configuring HUBSTER to automatically accept orders on your behalf when received through an Online Platform connected to the Services.
By using the Services, you expressly authorize HUBSTER to access, retrieve and use your Account Information maintained by Integrated Providers, on your behalf, as your agent, and you expressly (a) authorize these Integrated Providers to provide us with Account Information and (b) authorizes us to access, retrieve and use these sites, applications, data feeds, application programming interfaces (APIs) and hardware, in each case, owned or operated by Integrated Providers (together, "Provider Systems" ) therefore. When you use the Service Connection function, you will be directly connected to the Provider Systems of the Integrated Providers that you have identified. HUBSTER will present information (including user names and passwords) that you provide to connect to the Provider Systems of that Integrated Provider. You authorize and allow HUBSTER to use and store the information you submit to do the above and to configure the Services to be compatible with the Provider Systems of the Integrated Providers for which you provide information.
By connecting an Integrated Provider, you represent and warrant to HUBSTER that (a) you are the legitimate owner and beneficiary of the Integrated Provider's account, (b) you are authorized to provide all information you have provided regarding the Connection (including, if applicable, the credentials used to register to your Integrated Provider account), as well as all the Account Information you provide to us through the connected account; (c) you are authorized to appoint us as your agent, as determined above, to access, retrieve and use Provider Systems Account Information from the Integrated Providers you have identified; and (d) you sent all notifications, obtained any consents (including from Diners) and met any other requirements under applicable law, in each case, necessary for you and HUBSTER to access, retrieve and use this information (including Data and other Account Information) for the purposes specified in this Agreement. You understand and agree that HUBSTER (a) will depend on these authorizations, notices and consents, particularly with respect to HUBSTER's access to Provider Systems and the retrieval or use of Account Information (including Diner Data) from these systems; and (b) is not responsible for obtaining, independently, authorizations or consents from third parties (including Integrated Providers and Diners), or making notifications to them, regarding these activities.
For the purposes of these Terms of Use and only to provide Account Information as part of the Services, you grant HUBSTER a limited power of attorney and appoint HUBSTER as your proxy and agent for accessing the Provider Systems of Integrated Providers and retrieving and using the Information account with full power and authority to perform each required task in connection with these activities, as you would personally do. You understand and agree that the Services are not sponsored or endorsed by any Integrated Provider or other third party services accessible through the Services. HUBSTER is not responsible for any error in the processing of orders or fees or other problems related to the Services, including those that may arise from inaccurate account information.
HUBSTER will not analyze Account Information for accuracy, legality, misappropriation or absence of infringement. HUBSTER is not responsible for Account Information or for any products or services offered by Integrated Providers. HUBSTER cannot always foresee or anticipate technical or other difficulties that may result in not obtaining data or losing data, in customization settings or in other service interruptions. HUBSTER cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or non-storage of any data, communications or customization settings for a user.
HUBSTER provides the Connection functionality as accommodation for Customers, however we cannot guarantee support for the Connection with any third party provider in the future. We also cannot guarantee that we will continue to serve existing Integrated Providers in the future. We may disable some or all of the Connections at any time, with or without notice.
- Third Party Resources
The Services may provide hyperlinks to other websites owned by HUBSTER advertisers and other third parties. These features are provided to you as a convenience. HUBSTER does not endorse, justify, or even guarantee that the products or services available through these hyperlinks (or any other third party products or services advertised or mentioned in the Services), whether sponsored or not. HUBSTER is not responsible for the activities or policies of these websites. HUBSTER may receive compensation from third parties that may affect the location and availability of the hyperlinks included in the Service.
If you choose to use or purchase services from third parties, you will be subject to that third party's terms and conditions and privacy policies.
- Third Party Network, Products and Services
Use of the Services requires access to the internet and / or the network and may require third party software or other services. You agree that you are entirely responsible for meeting these requirements, including any changes, updates and applicable tariffs, as well as for complying with the terms of your contract with applicable service providers.
We do not guarantee that the Services will be compatible with your mobile device or mobile operator. Your use of the Services must be subject to the terms of your agreements with your mobile device manufacturer and mobile operator. You must not use a modified device to use the Services if the modification is contrary to the manufacturer's software and / or hardware guidelines, including disabling software or hardware controls.
All hardware and other third party products included or sold with the Services are provided exclusively in accordance with the warranty and other terms specified by the manufacturer, who is solely responsible for the service and support of your product. For technical assistance, support or warranty, contact the manufacturer directly. HUBSTER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
- Use of the Services
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the system that is part of the Services, as authorized in these Terms of Use. We perform system updates to the Services available to you , which you must install to continue using the Services. Any system update may be subject to additional terms communicated to you at any time.
The right to access and use the Services is personal and non-transferable to any person or entity. You may access and use the Services only for lawful purposes.
Access to and use of the Services may be interrupted from time to time for any reason, including equipment malfunctions, periodic updates, maintenance or repair of services or other actions that HUBSTER chooses to practice at its sole discretion.
HUBSTER may access or store personal information in several countries, including those outside its own region as permitted by applicable law.
The Services may include features to upload or provide suggestions, recommendations, comments, stories, images, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information ("Content").
The User retains all rights to his Content, subject to the rights you have granted us in these Terms of Use. You can modify or remove your Content through your Hubster Account or when you close your Hubster Account, but your Content may remain in historical, archived or cached copies and versions thereof available on or through the Services.
The User will not upload, provide or otherwise publish, transmit, distribute or disseminate Content through the Services that: (a) is false, misleading, illegal, obscene, indecent, pornographic, defamatory, threatening, harassing, abusive or inflammatory, (b) encourage conduct that could be considered a criminal offense or give rise to civil liability, (c) violate or infringe any duty to or rights of any person or entity, including rights of publicity, privacy or intellectual property, (d) contains corrupt data or any other harmful, disruptive or destructive file, or (e) advertise competitive products or Services with HUBSTER or its partners.
Although we have no obligation to monitor any Content, we have the absolute discretion to remove Content at any time and for any reason without notice. HUBSTER may monitor such Content to detect and prevent fraudulent activities or violations of these Terms of Use. The User understands that, when using the Services, it may be exposed to offensive, indecent or objectionable Content. We are not responsible for any Content, including any loss or damage to any of your Content.
- Paid Services
HUBSTER may offer Services to be paid periodically ("Subscription Services") or per use ("Services for Use" or, in conjunction with Subscription, "Paid Services"). Subscription Services may subject you to a recurring charge of fees, monthly fees or installments. By subscribing to a Subscription Service, including after any free trial period, you agree to pay us the monthly fee and any applicable fees, as set out in your Hubster Account settings. A Use-by-Service may subject you to usage or installment fees. By using a Service for Use, you agree to pay the fees and / or installments incurred for the time of use, as defined in your Hubster Account settings.
The amounts charged for the Paid Services must be paid by credit card, debit card, bank slip or deducted from the amount transacted by you, according to the option available in the chosen plan and in the settings of your Hubster Account. If you insert a credit or debit card into your account, you authorize us to collect the amounts charged for Services Paid by credit or debit card inserted into your Hubster Account.
If you have chosen a monthly plan, the amounts charged for Subscription Services will be charged on the same day of the month of membership each month until cancellation. If you have chosen the annual plan, you can choose to pay up to 12 (twelve) installments, which will be charged to your credit card. You can cancel a Subscription Service at any time by contacting HUBSTER support. If you cancel the Subscription Service, you will continue to have access to that Subscription Service until the end of the billing period for the contracted plan. You will not be able to request any refund or credit for any amount charged due or paid on any chosen plan, be it the monthly plan or the annual plan. We reserve the right to change the value of the Subscription Service, with 30 days notice. Your continued use of the Subscription Services after notification of a change in the amount charged constitutes your acceptance of such change.
- Rights Granted by the User
When presenting information, data, passwords, usernames, Personal Identification Numbers (PINs), other access information, materials and other content to HUBSTER through the Services and authorizing HUBSTER to access, retrieve and use the Information Account, you are allowing access to these contents so that HUBSTER can provide the Services. HUBSTER may use and store the contents in accordance with these Terms of Use. You declare that you have the right to submit them to HUBSTER to use them for this purpose and to authorize and allow HUBSTER to access, retrieve and use them purposes, without any obligation on the part of HUBSTER to pay any fees or royalties, to you or any third party (including Integrated Providers or Diners), or to be subject to any restrictions or limitations.
By these Terms of Use, Users will retain ownership of any data, information or materials originating from and transmitted through the Services or Account Information. However, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable permission to host, use, reproduce, distribute, prepare derivative works on, modify, display and perform all or any part of these information (including Account Information) regarding the Services and our business, including to promote and redistribute part of the Service or all of it (and derivative works therefrom) in any communication formats and through any communication channels.
Without limiting the above permission, you grant HUBSTER authorization to combine information (a) that you enter, upload or make available through the Service or (b) that we access, retrieve and use from the Provider Systems (including Account Information) , in cases (a) and (b), with those of other users of the Services and / or other services of HUBSTER (together, “Combined Information”). For example, this means that HUBSTER may use your information and information from other users, as well as Account Information, to improve the Services or to discover and describe broad trends in the restaurant industry. By these Terms of Use, HUBSTER will retain all rights related to information obtained or resulting from Combined Information.
You agree that HUBSTER or its affiliates may include your name, trademark and logo on its website or other materials for the purpose of marketing our Services.
- Intellectual Property
For the purposes of these Terms of Use, "Intellectual Property Rights" means all patent rights, copyrights, masking rights, moral rights, publicity rights, trademark, trademark and service mark, goodwill, trade secret rights and other intellectual property rights that may exist now or may exist in the future, and all their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
We own all rights, titles, interests, copyrights and other Intellectual Property Rights in the Services and in all copies of the Services. These Terms of Use do not grant you any rights to our trademarks or service marks.
You may submit comments or ideas about the SERVICES to us (“Idea” or “Ideas”). By submitting any Idea, you agree that your disclosure of the Ideas to us is free, unsolicited and without restrictions, that you will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation additional information to you and / or to disclose the Idea non-confidentially or otherwise to any person.
The content of the Services, including the “appearance and essence” (for example, texts, graphics, images, logos and icons), photographs, editorial content, notices and other materials are protected by applicable intellectual property and rights laws copyright. The content of the Services is owned or licensed to HUBSTER or its software or content providers. HUBSTER grants you the right, only during the term of acceptance of these Terms of Use, to view and use the Services subject to these Terms of Use. You may download or print a copy of the information made available through the services for personal use only, domestic and non-commercial. Any distribution, reprinting or electronic reproduction of any content of the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use or allow any third party to use the Services or the content in a manner that violates any applicable law, regulation or these Terms of Use.
- Restrictions
You agree not to:
- Use any robot, spider, scraper, deep link or other tools, programs, algorithms or automated collection or data extraction methodology to access, acquire, copy or monitor the Services or any part of the Services without the express written consent of HUBSTER, which may be denied at HUSBTER's sole discretion;
- Post or transmit any files that contain viruses, worms, Trojan horses or any other contaminating or destructive features or that otherwise interfere with the proper functioning of the Services;
- Use any programs or scripts intended to encumber or improperly impair the operation, security or functionality of any aspect of the Services;
- Attempt to decipher, decompile, disassemble or reverse engineer any software that contains or assists the Services;
- Attempt to receive unauthorized access to any part of the Services;
- Allow any third party to access the Services;
- Perform or attempt to perform any action that may interfere with the correct functioning of the Services, prevent access or use of the Services by other customers, or impose an unreasonable and / or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative Services, publicly demonstrate, republish, send, publish, transmit, resell or distribute in any way material, information and HUBSTER Services;
- Use or benefit from the Services via rent, lease, sharing or other combinations;
- Transfer any rights granted to you under these Terms of Use;
- Use the Services for any illegal activity or trade in illegal products or in any way that exposes you, other Hubster users, our partners or the company to loss or damage; and
- Use the Services in a manner other than expressly permitted under these Terms of Use.
- Security
We have implemented technical and organizational measures designed to protect your personal information from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to violate these measures and use your personal information for inappropriate purposes.
You are responsible for safeguarding your password and for restricting access to the Services on your mobile devices and computer (s). You must notify us immediately of any unauthorized use of your password or Hubster Account or any other breach of security.
- Forum Posting Rules
As part of the Services, HUBSTER may allow you to post content on forums, blogs and various other places publicly available through the Services. These forums may be hosted by HUBSTER or one of our third party service providers on behalf of HUBSTER. You agree to post content according to certain rules:
- You are responsible for all content and materials (“Content”) presented, sent, posted or stored through your use of the Services. You declare that you have all necessary rights to provide this Content to us in the manner that you have already provided and grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license for hosting, use, reproduction, distribution, preparation derivative works, modification, display and performance of all or any part of the Content in relation to the Services and our business, including for the purpose of promoting and redistributing all or part of the Services (and its derivative works) in any media formats and through any media channels. You must make a backup copy of your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all necessary and appropriate warnings, information and disclosures. HUBSTER is not responsible for the Content or data presented through the Services.
- You agree not to use or allow any third party to use the Services to: (a) post or transmit any libelous or defamatory message, or to disclose private or personal matters about any person; (b) post or transmit any indecent, obscene, pornographic, hostile, threatening, abusive, hateful or offensive racially or ethnically messages, data, images or programs; that encourage conduct considered a crime, that generate civil liability or violate any law; or are otherwise inappropriate; (c) post or transmit any messages, data, images or programs that violate the property rights of third parties, including texts, images or programs protected by copyright, trade secrets or other proprietary confidential information, and service marks or marks used in form that characterizes violation; or (d) interfere with the use of the Services by another User, including through any action that imposes a disproportionate burden on the infrastructure of the Services or that negatively affects the availability of the Services to third parties.
- You may not copy or use any other User's commercial contact or personally identifiable information without the authorization of the respective User. E-mails, correspondence, phone calls or other unsolicited communications to individuals or companies whose contact information was obtained by you through the Services are prohibited.
- You agree that we may use the feedback, suggestions or ideas provided to us by you (“Feedback”) in any way, including for future modifications to the Service, other products or services, advertising or marketing materials. You provide us with a perpetual, universal, fully transferable, sublicensable, irrevocable, fully paid and royalty-free license to use Feedback in any way.
The Services may include social tools for exchanging information with other users of the Services. HUBSTER does not provide assistance and is not responsible for the content on these community forums. Please show respect when interacting with other users. Don't reveal information that you don't want to make public. Users may post hyperlinks to third party content, for which HUBSTER is not responsible.
- Social networks
HUBSTER will be able to provide experiences on social networking platforms such as Facebook®, Twitter® and Instagram® that allow online sharing and collaboration between users who have registered to use them. Any content posted by you, such as photos, information, opinions or any Personal Information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Consult social media platforms to better understand your rights and obligations with respect to this content.
- Representations and Warranties
By accepting these Terms of Use, you represent and warrant to us that: (a) you are at least 18 (eighteen) years of age; (b) do not and will not conflict or violate any provision of its constitutive documents or bylaws; (c) do not and will not result in a breach or breach of any contract to which you are a party or of any obligation applicable to you; (d) do not require and will not require the consent or authorization of any other natural or legal person (e) you will not use the SERVICES, directly or indirectly, for any fraudulent endeavor or in any way to interfere with the operation of the SERVICES; (f) your use of the SERVICES will be in compliance with these Terms of Use; (g) maintain the confidentiality, privacy and security of any Account Information or personal information (including personally identifiable information) accessed, stored or processed through the Services; and (h) adopt and implement any privacy policies and information security plans required by law or that are commercially standard with respect to such information.
You must defend, indemnify and exempt HUBSTER, its affiliates and their respective directors, directors, shareholders, employees, representatives and freelancers from and against all third party claims, actions, processes, losses, responsibilities and expenses (including attorney's fees) in unlawful act, contract or otherwise arising (in whole or in part) or attributable to any breach or alleged breach of this Agreement or any activity, by HUBSTER or you, in relation to the Services or this Agreement (or your use of the Services), including access, by HUBSTER, to Provider Systems or access, retrieval or use of Account Information (including Diner Data). HUBSTER reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at its expense.
- Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBSTER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, THE HUBSTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORECASTABLE.
IN NO EVENT SHALL HUBSTER BE LIABLE FOR ANY DAMAGES, LOSSES OR INJURIES ARISING FROM HACKING, VIOLATION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR HUBSTER ACCOUNT, OR THE INFORMATION CONTAINED IN IT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION, THE HUBSTER'S TOTAL LIABILITY IS LIMITED TO THE AMOUNT OF FEES AND AMOUNTS PAID BY YOU UNDER THE USE OF THE SERVICES, IN THE 3 (THREE) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT PRECEDES THE EVENT THAT ARRIVES FROM THE EVENT RESPONSIBILITY; OR (B) AUD 500.00 (AUSTRALIAN DOLLAR FIVE HUNDRED), WHICHEVER IS GREATER.
THIS SECTION OF LIMITATION OF LIABILITY APPLIES, WHETHER THE ALLEGED LIABILITY BASED ON CONTRACT, ILLEGAL ACT, NEGLIGENCE, OBJECTIVE LIABILITY OR ANY OTHER BASIS, EVEN IF THE HUBSTER HAS BEEN ADVISED OF THE POSSIBILITY. THE FOREGOING LIABILITY LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN APPLICABLE LAW.
- Indemnification
You will indemnify, defend and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) exempt from and against any and all claims, costs, losses, damages, judgments, assessments of taxes, penalties, interest and expenses (including, without limitation, reasonable attorneys' fees) arising from any claim, action, audit, investigation or other proceeding brought by a person or entity arising out of or related to: (a) any actual or alleged violation of your representations, warranties or obligations set out in these Terms of Use; (b) your improper use of the Services; (c) your violation of any third party right, including, without limitation, any right to privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation in Australia or any other country; and (e) access by any other party and / or use of the Services with its unique name, password or other appropriate security code.
- Review and Termination
We may revise and / or improve the terms of these Terms of Use at any time, with the observation that we proceed in the manner we deem to be fair, considering the circumstances, posting the revised version on our website or communicating it to the User through the Services (each called a “Revised Version”). The Revised Version will take effect from the moment of its publication, but it will not have retroactive application. Continued use of the Services after the publication of the Revised Version constitutes acceptance of the Revised Version by the User. Any Dispute, as defined in Section 23, arising prior to the changes will be governed by the Agreement that was in effect when the Dispute originated.
We may also terminate these Terms of Use, Revised Versions or any Additional Terms, or suspend or terminate your Hubster Account or your access to any Services at any time and for any reason. We may add, remove, suspend, stop, delete, discontinue or impose conditions on the Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of changes to the Services by email or the next time you attempt to access your Hubster Account. You may also terminate the Terms of Use or Additional Terms applicable to your Hubster Account by disabling your Hubster Account at any time.
- Term and Termination
These Terms of Use will be automatically renewed for equal and successive periods of 1 (one) or 12 (twelve) months, according to the chosen plan, and may be terminated in the following cases: a) at any time, in case of violation or default on its clauses and conditions, regardless of judicial or extrajudicial challenge, as well as in case of judicial, extrajudicial recovery or bankruptcy of any of the parties. In case of termination due to the User's default, the User must pay the balance of the monthly fees due until the regular end of the Terms of Use; b) in the interest of either party, at any time, through formal communication to the other with thirty (30) days in advance, in writing.
In the event of early termination requested by you, you must pay the balance of the monthly fees due until the regular end of these Terms of Use; for plans with annual payment, if you decide to terminate the SERVICES before the regular term of the Terms of Use has expired, HUBSTER will not refund the remaining balance of the contracted plan. The amount will be retained by HUBSTER to cover the operating costs of the account.
If you wish to terminate these Terms of Use with respect to the Services, you may terminate your account using the process described on the website. When you close your account, you terminate the Terms of Use.
If you have a payment plan in place at the time of termination, your remaining balance (if any) will become due immediately. Upon termination of this Agreement, all licenses under these Terms of Use will terminate.
In the event these Terms of Use are terminated or your Hubster Account is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms of Use will be terminated, (b) we may (but have no obligation to) exclude the your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, refunds or damages for the termination or suspension of the Services or for the deletion of your account information and data. In addition to any payment obligation under the payment terms, the following sections of these Terms of Use survive and remain in effect according to their terms after termination: 8 (Third Party Network, Products and Services) ), 9 (Use of Services), 10 (Paid Services), 12 (Intellectual Property), 18 (Limitations of Liability and Damage), 19 (Indemnification), 16 (Representations and Warranties), 17 (Representations and Warranties), 19 (Third Party Products and Services), 21 (Term and Termination), 22 (General Provisions) and 23 (Conflict Resolution, Applicable Law and Venue).
- General Provisions
These Terms of Use, together with all Order Terms, reflect the entire agreement between HUBSTER and you regarding the Services and cancels and supersedes all previous or current agreements or understandings between HUSBTER and you regarding the Services.
These Terms of Use are binding on the parties and their successors, be they in any capacity. Any rights granted by these Terms of Use cannot be transferred or assigned by the user, but can be transferred by HUBSTER without any restriction or prior notice.
No joint venture, partnership, employment contract, or agency relationship will exist between you, HUBSTER or any third party as a result of these Terms of Use or use of the Services.
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be removed and the remaining provisions will be applied to the maximum extent according to the law. The fact that HUBSTER fails to enforce any right or provision in these Terms of Use will not constitute a waiver of that right or provision unless acknowledged and accepted by HUBSTER in writing.
- Conflict Resolution, Applicable Law and Forum
“Disputes” are defined as any dispute, controversy or dispute between you and HUBSTER, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any related claims of in any way with these Terms of Use or any other aspect of our relationship.
Any Dispute arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by binding arbitration before a single arbitrator, and not in a court of law. The arbitration will be administered by the Australian Centre for International Commercial Arbitration in accordance with its Arbitration Rules of the Australian Centre for International Commercial Arbitration for the time being in force, which rules are deemed to be incorporated by reference in this clause. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in such rules. The seat of arbitration shall be in Sydney, Australia. The language of the arbitration shall be in English. The award and decision of the arbitrator will be conclusive and binding upon all parties, and judgment upon the award may be entered in any court of competent jurisdiction. The arbitrator will have the right to include in the award any relief which he or she deems proper in the circumstances, only to the extent permitted by law, provided that the arbitrator will not have the authority to award exemplary or punitive damages. The arbitrator shall award the prevailing party its reasonable attorneys’ fees and expenses. Each party hereby agrees that arbitration will be conducted on an individual, not a class‑wide, basis and that any arbitration proceeding between the User and Hubster will not be consolidated with any other arbitration proceeding involving Hubster or any other person or entity
All items in these Terms of Use are governed by the laws in force in Australia.
These Terms of Use are binding and mandatory between HUBSTER and the User at the moment the User completes his registration and the procedure provided for in this website, being sure that, in doing so, the User declares to have read and understood all the terms and conditions of these Terms of Use.
