Hyve - Terms of Use Oct 6

These Terms & Conditions of Use are important legal terms which apply to your use of this Website, the Platform and the subscription for Services and payment of any Fees. We have established an online website based platform to promote and offer based on the subscription you have chosen, limited access to digital content relating to fitness, well-being and health education, coaching, consulting and training sessions and seminars (Services). If you are a trainer or content provider you will also need to refer to the Trainer Terms which will apply to you.

Your Agreement and Subscriptions

In accessing, registering or using the Platform including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Platform, you are deemed to have read and personally agreed to the Terms and Conditions.

By agreeing to a Subscription and processing payment of fees you agree to subscribe for Services. Payment for each Subscription is governed by these Terms and Conditions

We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions. Without limitation, the Platform is available only to individuals with whom only legally binding contracts can be formed under Australian law. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Platform or subscribing for access to the Program or any of the Platform services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions. You will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.

We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Platform or to the contents and components of the Platform or are in any way in breach of these Terms and Conditions.

You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in any social media and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

Access to the content provided through Hyve subscription is for your sole use only and you may not share your login credentials with anyone else. Any password or right given to you to obtain access to the Subscription is not transferable to any third party. We may suspend any account at any time and request verification of identity of user before any account suspension is lifted.

We reserve the right, at our sole discretion, to terminate your access to the Subscription content if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

Licence and Use

You are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use, for non-commercial purposes, the Platform and the services offered on the

Platform and subject to payment of fees where required by us. This Licence shall continue until terminated in accordance with this Agreement. You will gain access to the pay wall content of the Platform upon payment of fees. In downloading any content from the Platform to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Platform is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Platform.

We may remove or take down, modify, replace any content on the Platform at any time for any reason whatsoever and in our absolute discretion. Typically we will remove any Content which is in breach of our legal terms, or any guidelines issued by us, or may cause harm to users of the Services or Platform, or third parties. Additionally the creators of the content published on our Platform may decide to remove, modify, update or replace their content from time to time.

You agree that if you download any content from the Platform you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site, or distribute or modify or otherwise deal with any content in the Platforms in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights. You agree that in downloading any service or product from the Platform, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Platform and/or make it available over a network where it could be used by multiple devices at the same time.

You agree that your use of the Platform will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.

You agree that in using the Platform, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format. You agree that we may, and reserve the right to, remove any comments made by you about the Platform, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Hyve.

The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law. Nothing gives you the right to use the Hyve name or any of the Hyve trademarks, logos, domain names and other branding contained in the Platform.

You may not do any of the following while accessing or using the Platform and Services:

  • access, tamper with, or use non-public areas of the platform (including content storage), Hyve’s computer systems, or the technical delivery systems of Hyve’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Hyve) or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

You must comply with any trust and safety guidelines we issue from time to time.

Renewal & Termination of Subscription & Refunds

Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via the billing platform your Subscription was purchased on.

You may cancel your Subscription by following the procedures set out in the Platform. The cancellation will commence and effective from the next billing cycle. Please note a refund of any prepayments will not be issued upon cancellation and you will have access to Services until the end of the payment cycle. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Platform and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you.

We can terminate your Licence or Subscription in our sole discretion if we believe you have breached any of these Terms and Conditions (including the terms of Licence and Use above) and/or you have or are facilitating the unlawful activity of a third party in respect of the Platform. We are at liberty to take any other action necessary to enforce these Terms and Conditions.

Unless we offer you a free trial period, we do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.

Payments

In purchasing any product or Service from the Platform (“the Purchase”) you agree to: (a) pay using a valid credit card (or other form of payment as we may allow); (b) provide us with current and complete information as detailed in the purchase order form on the Platform including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Platform, or any of the Services at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and (d) all costs are in US Dollars unless otherwise indicated.

The actual cost to you in local currency may vary from time to time depending on the exchange rates at the time of processing. You will assume all risks and costs of exchange rate conversions from your local currency to USD. If payment has not been processed or fails to process and yet you have received access to the Platform we reserve the right to disable your access to the Platform until we are satisfied the payment has been made.

You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located. The price for the selected Services will be the price at the time you complete your Purchase.

Relationship with Third Parties

We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.

The Platform may also contain links to websites operated by third parties. Such links are provided for convenience only and Hyve has no liability in connection with your use of any such third-party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

Risk, Physical Heath and Limitation of Liability

We provide no estimate as to time of delivery of Platform content access and you agree that time is not of the essence with respect to delivery. You must contact us at [email protected] within 7 days of the date by which you purchased the Services for us to investigate any inability for you to access the Services after payment.

To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any death, injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages (Loss) arising directly or indirectly from the Services except to the extent such limitation or exclusion of liability is not permitted by law and shall indemnify us against any Loss suffered or claim for Loss made, by a third party.

To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

(a) that is or may be harmful or disadvantageous to you or the community; or

(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Platform or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Platform, and/or its products or services.

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness program should consult with an appropriate healthcare professional before beginning any of the fitness programs pursuant to the Services. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Platform.

You should first consult an appropriately qualified healthcare professional before following any exercise programs or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Platform and/or participate in the physical activity and/or its products and services.

You agree that neither we, nor any of our affiliates, service providers and/or content suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Platform, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Platform, or its products and services, is at your sole risk.

No Warranty or Representations

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Platform, and as we make no representations or warranty to you in respect of your use of the Program and/or the products or services offered by the Platform, and we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Platform.

All information provided by us on the Platform is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.

Third parties unrelated to Hyve will use the Platform to publish health and fitness content. Like other platforms where people can post content and potentially interact, some things can go wrong, and you use the Platform at your own risk. We do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content available on the Platform and, as such, do not guarantee in any manner the effectiveness, reliability, validity, accuracy, or truthfulness of the courses.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. While we will endeavour to screen content, we have no responsibility to keep such content from you and no liability for your access to such content, to the extent permissible under applicable law.

When you interact directly with an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from us, we do not control your direct interactions with instructors. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and yourselves. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors.

Privacy Policy

Hyve’s Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Platform.

Amendment to Services

You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Platform and/or the Terms and Conditions, as we see fit.

We will give you notice of any changes by:

(a) publishing them on our website or

(b) writing to the address (post or email) you last gave us.

(c) The most up-to-date terms and conditions always apply.

You agree that we may transfer, assign, license or deal with our interest in the Platform, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 60 days in the manner provided by this clause.

Indemnity

You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Platform and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post online or in relation to the Platform or that by your actions of conduct. You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause or contribute to such losses.

General

These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.

These Terms and Conditions are governed by the laws of Queensland, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Definitions

For the purposes of these Terms and Conditions the following definitions apply:

Affiliates means any of our associated entities as that term is defined in the Corporations Act 2001 (Cth);

App means the Hyve App owned and operated by us allowing access to the Website from remote devices, e.g. mobile phones and tablets;

Licence means the licence granted by us to you governing your use of the Website and the Services in accordance with these terms and conditions;

One gender includes any other gender;

Our, ourselves, us, we, refer to Hyve Buzz Pty Ltd ACN 640 001 574 trading as “HYVE” (“Hyve”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;

Platform means collectively the Website and products and/or services offered or provided by Hyve through the Website including the App;

Subscription means the subscription with Hyve entitling you to use the content of the Platform.

Terms and Conditions means these terms and conditions as amended from time to time;

Website means the Hyve website at www.hyvetraining.com

You or yours, yourselves refers to you, the person accessing the Website or Platform and agreeing to the terms and conditions of your use of the Website and its contents.