TERMS & CONDITIONS




TERMS OF USE BETWEEN THE HELPING HUB PTY LTD ACN 626 986 034 (TRADING AS ‘THE HELPING HUB’) AND ALL USERS AND VISITORS (INCLUDING WITHOUT LIMITATION SELLERS AND CUSTOMERS)

1. Introduction

1.1 This website located at https://thehelpinghub.com/ (Site) is owned and operated by The Helping Hub Pty Ltd ACN 626 986 034 (we, us or our). By accessing or using our Site, you agree to be bound by the following terms and conditions of use (Terms).

1.2 Your access to and use of the information and services provided on the Site constitutes your acceptance of these Terms together with any additional terms, conditions, notices or disclaimers placed on the Site from time to time.

2. Modification of these Terms

We reserve the right to amend, modify, add to or delete any of these Terms at anytime, and such modifications shall be effective immediately upon posting of the modified terms on the Site.

3. Additional terms on this Site

3.1 In addition to these Terms important notices have been posted on the Site. Your use of the Site means that you also accept the terms, conditions, notices, disclaimers and policies posted on the Site. We reserve the right to modify these notices at any time.

3.2 The additional terms include, but are not limited to our Privacy Policy.

4. Use of the Site

4.1 We grant you a non-exclusive, revocable, non-transferable licence to use the Site, for the sole purpose of you using the Site in accordance with these Terms.

4.2 You warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

4.3 You must not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other user’s enjoyment of the Site. You must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

4.4 You must not modify, copy, reproduce or distribute in any way any material from this Site including without limitation any business profiles, business listings, source code or software.

5. Approved Purpose

5.1 You acknowledge that this Site is intended to be used solely for the purposes of:

a. goods and services providers (Sellers) offering their goods and services to potential customers (Customers);

b. Customers inspecting goods and services offered by Sellers;

c. Customers paying Sellers for goods and services (and related items such as delivery if applicable);

d. Sellers and Customers exchanging information required for the provision of goods and/or services by the Sellers to the Customers; and

e. Customers leaving feedback regarding Sellers’ goods and services for the benefit of other Customers,
and that any use of this Site for a purpose inconsistent with this clause constitutes a breach of these Terms.

5.2 You acknowledge and agree that we have been appointed to act as the Seller’s agent for:

a. the collection of payment and information from Customers with respect to the supply of a Seller’s goods and/or services; and

b. liaising with Customers on its behalf in relation to refunds, returns, disputed payments and complaints,

but that we have no other role in the supply of the goods and/or services by Sellers. We shall have no liability whatsoever whether in contract, tort, in equity, under statute, or on any other basis arising out of the supply of goods and/or services by Sellers.

5.3 Customers’ use of this Site is subject to these Terms and the Customer’s acknowledgment that any contract they enter into with a Seller will be on the terms and conditions of the Standard Supply Terms.

5.4 Sellers’ use of this Site is subject to these Terms, the Seller entering into the Platform and Agency Agreement with Us, and the Seller’s acknowledgment that any contract they enter into with a Customer will be on the terms and conditions of the Standard Supply Terms.

6. Gift Cards and Vouchers

6.1 Customers may purchase gift cards from THH denominated in Australian dollars for use anywhere on the Site (Gift Cards).

6.2 Customers may purchase vouchers for nominated goods or services offered by the Seller (Vouchers) on behalf of or as gifts for recipients (Voucher Recipients).

6.3 When a Customer purchases a Voucher:

a. the Voucher Recipient may confirm the Order (including by giving delivery details in the case of goods, and scheduling details in the case of services) at any time within 12 months of the purchase date, and the Seller must honour the Voucher as a confirmed Order at the original purchase price;

b. the Voucher Recipient may confirm the Order (including by giving delivery details in the case of goods, and scheduling details in the case of services) at any time from 12 months of the purchase date, and the Seller may accept or refuse to honour the Voucher as a confirmed Order, including without limitation requiring the Voucher Recipient pay the difference between the Voucher purchase price and the current price of the specified Seller’s Product(s);

c. the Voucher Recipient may at any time elect to use the Voucher as a Gift Card to the value of the Voucher’s purchase price with the Seller or any other seller on the Platform where a booking has not been made or an order placed with The Seller.

6.4 Notwithstanding any other provision of these Terms of Use, any remaining credit on Gift Cards and Vouchers shall expire 3 years from their date of purchase.

7. Third Party content and links

7.1 We are not responsible for any third party (including without limitation Seller or Customer) content, communications, comments, external websites, networks, advertisements, directories, software, servers, products and services, databases, information systems and the internet as a whole (Third Party Content) which you may access from the Site or which is linked to the Site from time to time.

7.2 We accept no responsibility or liability for Third Party Content and cannot be held liable for any loss or damage incurred as a result of reliance on any Third Party Content. We provide Third Party Content and links to you for convenience purposes only, and the inclusion of any Third Party Content or link does not imply endorsement by us of the Site or any association with its operators.

7.3 By linking to this Site, you shall indemnify us for any loss or damage suffered to this Site as a result of such linking.

8. Visitor provided material

8.1 Any material that a visitor to this Site sends or posts to this Site shall be considered non-proprietary and non confidential. To the extent permitted by law, we are not liable to you or any other person for any loss or claim of any kind in connection with the use of such material.

8.2 We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

8.3 While we take all due care in ensuring the privacy and integrity of the information you provide, we cannot always ensure that our computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. We disclaim all liability to you to the full extent permitted by law should this occur.

8.4 When using this Site you shall not post or send to or from this Site any material (without limitation):

a. for which you have not obtained all necessary consents;

b. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise violates any applicable laws or regulations; or

c. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

8.5 We do not control or endorse the content, messages or information found in any visitor provided material and, therefore, to the full extent permitted by law, we specifically exclude any liability with regard to visitor provided material and any actions resulting from visitors providing such material.

8.6 Whilst we have no obligation to monitor visitor provided material, we reserve the right to review materials posted to the Site and to remove any materials in our sole discretion.

9. Disclaimers

9.1 To the full extent permitted by law, all information contained on this Site is provided without any warranty as to its accuracy or reliability and we do no accept any liability which may arise from your use or reliance on such information. Visitors who use the Site and rely on any information and content thereon do so at their own risk.

9.2 The information contained in our Sellers’ listings and other material provided on the Site has been supplied by Sellers and third parties. Whilst we endeavor to check that the information on this Site is accurate and reliable, we do not guarantee that any information or material is accurate and reliable.

9.3 We provide no guarantee or warranty to you that the information and services included in or available through the Site will be, free from variation, uninterrupted, error-free, secure, or that defects in the information or services will be corrected. Whilst we will endeavor to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. We disclaim all liability to you to the full extent permitted by law should this occur.

9.4 We will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the information or services provided via the Site.

9.5 We make no representation, warranty or guarantee to Sellers or Customers entering into Standard Supply Terms regarding either party’s qualities (whether commercial or otherwise), the quality or reliability of their goods or services, their skills and qualifications, or their ability to comply with the Standard Supply Terms. Sellers and Customers entering into Standard Supply Terms acknowledge and agree that no such representation, warranty or guarantee has been made by us or on our behalf.

10. Information does not represent professional advice

10.1 This Site, together with and including all information and content thereon, wherever from or however derived, is of a general nature only and not a substitute for personal financial, taxation, accounting or legal advice nor is it to be used or relied upon without first obtaining independent professional advice tailored to your specific circumstances.

10.2 We recommend that any prospective purchaser make their own inquiries and obtain suitable independent advice before acting or relying upon any of the information and content on this Site.

11. Limitation of liability

11.1 We acknowledge that provisions in the Competition and Consumer Act 2010 (Cth) (as amended) and other statutes from time to time imply or impose statutory guarantees, conditions or warranties into contracts for the supply of services which cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent (Non Excludable Terms). Nothing in these Terms is intended to exclude or restrict the application of the Non Excludable Terms. Other than the Non Excludable Terms, we hereby exclude all conditions, warranties, guarantees, terms and obligations expressed or implied by law in connection with these Terms, or any information and services provided under them.

11.2 We are not liable to you or any other person for any loss or claim of any kind in connection with these Terms, or any information and services provided under them, except to the extent caused directly by our negligence or wilful misconduct.

11.3 If any Non Excludable Terms apply, then to the extent to which we are entitled to do so, our liability under those Non Excludable Terms will be limited at our option to:

a. the supplying of the services again; or

b. the payment of the cost (if any) of having the services supplied again.

11.4 To the extent permitted by law, we will be under no liability to you or any third party in any circumstances for any indirect, special or consequential loss or damage, including but not limited to loss of revenue or loss of profit howsoever arising and whether in an action in contract, tort, in equity, under statute, or on any other basis.

11.5 Notwithstanding anything to the contrary contained in these Terms, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for our services during the term of your use of the Site.

12. Indemnity

To the extent permitted by law, you agree to indemnify us against any claim, loss, liability or damage, costs, charges and expenses (including our legal costs on a solicitor/ own Customer basis) suffered or incurred by us which arise directly or indirectly in relation to your use of the Site or associated services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth in these Terms.

13. Notice

You agree to promptly inform us of any breach by you of these Terms and of any conduct of any other person which you think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.

14. Termination / Access

We reserve the right, in our sole discretion, to terminate these Terms, your access to the Site and the related services or any portion thereof at any time, without notice. Termination of these Terms will not end those provisions that are capable of surviving the ending of this agreement.

15. Intellectual property

15.1 All the material displayed on or available on this Site or connected with our services, including business profiles, business listings, data, information, tables, text, designs, graphics, layouts, names, logos, reports, articles, tools, email communications, source code, software and other intellectual property, is owned or used under licence by us. Nothing in these Terms is to be taken to create any form of assignment to you of any of intellectual property rights owned or used under licence by us and/or the intellectual property owners.

15.2 You must not infringe any intellectual property rights owned by us, or the intellectual property rights of any third party. You agree to indemnify us against any action taken by a third party against us in respect of any such infringement.

15.3 All material on this Site is subject to copyright and should not be reproduced without our prior written permission. All rights reserved.

16. General

16.1 These Terms are made in and governed by the laws of Victoria, Australia. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.

16.2 The failure by us to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such a right or provision.

16.3 Should any part of these Terms and disclaimers be held to be void or unlawful, such part is to be read and enforced as if the void or unlawful part had been deleted.

16.4 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or your use of the Site.

16.5 Unless otherwise specified, this agreement constitutes the entire agreement between the user and us with respect to the Site.

If you have any questions, please feel free to contact us via email to: info@thehelpinghub.com

Effective September 2020