Terms of Service
This is an important document which you must consider carefully when choosing whether to use the www.hypetap.com website at any time.
This Agreement was last modified on 9 May 2016.
“Hypetap” or “Company” or “We” – Hypetap Pty Ltd (ACN 169 380 054)
“You” or “you” or “user” or “User” – A user of Hypetap Services
“Hypetap.com” or “Hypetap Services” or “Services” or “services” or “Site” or “site” – Hypetap website (www.hypetap.com)
“Campaign” or “Collaboration” – A project / job / engagement between an Organisation and an Content Creator
“Organisation” or “organisation” – A user of Hyptap.com that has signed up as a brand / client (A user that is part of, or owns, or represents a brand / company / business that they intend on Campaigns for). This includes companies that represent their clients including, but not limited to, digital agencies, PR agencies, media agencies and consultants.
“Content Creator” or “content creator” – A user of Hyptap.com that has signed up as or on behalf of an Content Creator (A user that intends on working on a Collaboration for an Organisation on their social media channels)
“Custom Account” – A Hypetap.com account set up by Hypetap that has been created based on a Organisation’s requirements as a User.
“Restrictions” – Refers to limitations on features available on the Site for an Account. These Restrictions are viewable via the pricing page on the Site prior to the Organisation setting up their Account.
“Custom Package” – Means Hypetap sets a monthly price for your subscription based on your needs / requirements as a User (for example, system training and / or less Restrictions on the Account)), resulting in Hypetap creating a Custom Account for the Organisation.
“Account” – Any Hypetap.com account (which includes Custom Accounts and Non-Subscription Accounts).
“Subscription” or “Subscription Account” – Refers to a pre-set duration of a time a User will be committed to hold an Account for on Hypetap.com.
“Non-Subscription Account” refers to all Organisations using Hypetap.com with no Subscription or Custom Account. Restrictions to the Site will be evident to the User when using the Site after the Organisation has set up an Account.
“Fee” or “Fees” – Refers to any payment required to be made for a User of Hypetap.com to Hypetap. This could be, but not limited to charges, subscription fees and commissions.
“Base Plan” or “Base Subscription” – Refers to the 12 month subscription that Organisations enter upon signing up to use Hypetap.com that has Restrictions. The Base Subscription features available to the Organisation are viewable via the pricing page on the Site prior to the Organisation setting up their Account. There is complete transparency defining what the Restrictions are for the account prior to signing up.
“Subscription Fee” – Refers to a compulsory fee owed to Hypetap for the 12 month subscription entered into by the Organisation to utilise the Hypetap Service. This Fee can be paid via a monthly instalment plan for a 12 month period or paid upfront (for entire period of 12 months) in full.
“Monthly cycle” – A monthly cycle refers to any month within your base plan. There are 12 monthly cycles for the duration of your plan. The first cycle will commence from the date you start using our services after your trial period. For example, if you enter into a base plan on January 5, 2015, your first payment will be payable on that date and the first monthly cycle will commence (the second monthly cycle will start on the February 5, 2015).
“Beta” or “Beta Period” – Refers to a period of time where Hypetap.com was in a test phase and had not finalised / refined all features available to Users.
“Legacy Users” refers to all Organisations that were using Hypetap.com during Hypetap’s Beta.
“Non-Legacy Campaigns” refers to Campaigns / Collaborations set up after 6 January 2016
“Legacy Campaigns” refers to Campaigns / Collaborations set up prior to 6 January 2016
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service.
If you do not agree with any of these terms, you must not use the Service. Please note that we may close, suspend, or limit your access to your Account or the Services provided by us on the Site, if you carry out activities which are in contravention of this Terms of Service and its associated policies incorporated by reference.
We reserve the right to amend and modify these Terms of Service from time to time, without prior or subsequent notification and it is your responsibility to revisit them to stay up to date. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Hypetap Service.
These Terms of Service apply to all users of the Hypetap Service.
Hypetap.com is a platform for Organisations and Content Creators. Some of the main features include the ability for Organisations and Content Creators to find each other, create Campaigns, negotiate, manage Collaborations and track results. To perform these steps, our service provides various tools to help users make decisions and easily complete a Collaboration. For more information about Hypetap.com, please explore our public facing website pages (www.hypetap.com/discover).
Access to Hypetap.com
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Hypetap of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Services. Hypetap will not be liable for any loss or damage arising from your failure to comply with this Section.
Identity: Because user identification on the Internet is difficult, we cannot and do not confirm each User’s purported identity. Instead, we examine the social media accounts and respective websites of each User before they are accepted as a Content Creator / Organisation in the platform. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site. However, we do provide a Dispute service on the Platform if any issues arise.
Legal relationship between you and Hypetap
Relationship between Users: The parties to a Collaboration are the Organisation, the Content Creator(s) and Hypetap.com.
Hypetap’s role: Hypetap.com provides a virtual environment for Organisations and Content Creators to work together. We may provide recommendations, however each user is responsible for identifying and subsequently making their own sole decision and/or determination on the suitability or otherwise (as applicable) of a Content Creator or Organisation to engage in a Collaboration with. Hypetap does our own investigation of a Content Creator and Organisation, but it is the sole responsibility to assess the ability and suitability of a Content Creator or Organisation before engaging in a Collaboration.
Entering into a Collaboration: Upon the Content Creator and Organisation successfully entering a collaboration, both parties agree to deliver their side of the agreement in accordance with the following agreements:
- the Terms of Service
- the collaboration terms as awarded and accepted on the Site, to the extent not inconsistent with the Terms of Service.
User Responsibilities: When you enter into a Collaboration, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this Terms of Service. You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Content Creator or Organisation, or in any other uses you make of the Site.
Liability: Depending on their jurisdiction, Organisations and Content Creators may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of Hypetap.com for any services it provides is limited to performing the services again.
No Insurance: Hypetap.com does not offer any form of insurance protection which will assist you, because our Site merely provides the online venue for Users to offer and arrange collaborations. However, some forms of payment permitted on the Site, such as PayPal, may offer limited protection or chargeback services. To find out more about these, the User should familiarise themselves with this information outside Hypetap.com.
Independent Contractors: Nothing in this Terms of Service creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
Services offered by Hypetap.com: Hypetap.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Content Creator and Organisations. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these Terms of Service. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Third party reference: Hypetap.com may provide unmonitored access to third-party content. Hypetap.com is only acting as a venue and/or platform, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Hypetap.com does not control nor always review the web sites to which we link from the Site. Hypetap.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
User conduct and content
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, share, post, publish, display or otherwise transmit (hereinafter, “transmit”) or email or otherwise use via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Hypetap. Hypetap reserves the right to investigate and take appropriate legal action against anyone who, in Hypetap’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Services to:
a) email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Hypetap, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Hypetap or its users to any harm or liability of any type;
b) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
c) Violate any applicable local, state, national or international law, or any regulations having the force of law;
d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f) Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
g) Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
h) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
i) To harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
j) For any illegal or prohibited purpose by laws which apply to you;
Hypetap is not in any way responsible for any such use or misuse by you or any other person using the Hypetap Service. Hypetap.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its website. Hypetap.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using Hypetap.com for User’s Account.
Hypetap.com is only acting as a platform and no warranties as to the actual distribution or publication of User content are made or implied. Hypetap.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Hypetap.com, harm its business operation or reputation, or cause Hypetap.com to lose the services of its suppliers
Grant of License: By submitting User content to Hypetap.com (including, but not limited to creating your Account; posting a profile, posting a collaboration; sending messages through or to Hypetap.com), you hereby grant to Hypetap.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide.
Feedback, Reputation and Reviews: By using the Site, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave (whether an “Organisation” or “Content Creator”), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by Hypetap.com (“Feedback””). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Hypetap.com’s policies as posted on the Site from time to time, without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity of the Hypetap feedback system.
Digital Rights Management
As part of a Collaborations, Content Creators create content. This content is either 1) Owned by them or 2) Owned by the Organisation. This is negotiated between the parties. Hypetap does not own this content.
Hypetap.com Promotion: You agree and acknowledge that unless explicitly requested, Hypetap.com may display your company name, logo and public description of your projects and profile as part of the Hypetap.com website(s) and / or other Hypetap.com marketing materials.
Notices – Consent to Contact: You consent to Hypetap.com contacting you by electronic means as part of delivering the services outlined in this Terms of Service. Additionally, you consent to being contacted by electronic means by Hypetap.com for the marketing of campaigns, offers, new products or services.
Overview of Fees and Payments
Content Creators: As a Content Creator, there is a Fee required to use our Service (see section titled ‘Fees to Hypetap for Content Creators’).
Organisations: As an Organisation, there are Fees payable directly to us to use our service as outlined in the ‘Fees to Hypetap for Organisations’ section. There may also be a payment required from the Organisation to the Content Creator depending on the collaboration as detailed in the ‘Payments to Content Creator’ section.
Fees to Hypetap for Organisations
As an Organisation, your Account is set up when you have accepted the Terms of Service of the Site and entered into a Subscription Subscription or have set up a Non-Subscription Account.
a) If an Organisation intends on setting up an Account at the Base Subscription, the pricing page will be viewable (with all restrictions on the Account) prior to setup.
b) If an Organisation intends on setting up a Custom Account, an email will be sent to the primary registered email of the Account disclosing what the restrictions are of the Account. The pricing page will not be viewable prior to setup, and instead, the email sent to the primary registered email will disclose what the Fees will be of the Account. The Organisation understands that accepting the Terms of Service is also an acceptance of the Fees in the email provided.
c) If an Organisation intends on moving from a Base Subscription to a Custom Account, they are required to contact Hypetap (firstname.lastname@example.org) and Hypetap will contact the User to discuss their needs to create a Custom Package in accordance with the Terms of Service.
d) If an Organisation intends on setting up a Non-Subscription Account, the pricing page will be viewable (with all restrictions on the Account) prior to set up.
If you are a Organisation that was not explicitly told that you signed on during Beta, then this does not apply to you.
Hypetap features during Beta:
a) Unlimited access: During our Beta period, the Base Subscription fee will be paid by the Organisation to receive unlimited access to all the features available on Hypetap.com. However, during the initial 12 month period from date of sign up, Hypetap will exit Beta and Restrictions will apply.
b) End of Beta: An indication of this date will be shared with you via email to make sure you are aware of the minimum duration of time you will have unlimited access. Hypetap will never bring forward the date that is communicated to you.
Hypetap Features post Beta:
a) Restricted access: Once Hypetap exits Beta, the Subscription Fee is still payable but will not give you unlimited access. Details of these Restrictions are viewable via the pricing page on the Site prior to the Organisation setting up their Account. If you are operating an Account that is outside the Restrictions of the Base Subscription, Hypetap will contact you via email prior to End of Beta and provide you with a date whereby you will need to specify the features you would like for the remainder of your Subscription. If you do not contact us via email by the date outlined by Hypetap, you will be charged the relevant Fees associated with you operating account outside your Restrictions. A summary of these Fees would be shared with you in the same email that discloses the date by which you are required to respond to Hypetap.
b) Altering features: Hypetap reserves the right to alter the features or Restrictions of the Base Plan. However, we will never decrease or restrict features if you entered into that Base Subscription prior to the changes until expiry of your Subscription.
Shorter period: Hypetap may at any given time, at its sole discretion, vary the above terms and conditions to allow a user to subscribe to Hypetap’s services for a Base Subscription of less than the 12-month period referred to above (“shorter period”). Should a shorter period be agreed to and allocated to the user, any such agreement, variation and/or allowance must be in writing and signed by both parties, or accepted by both parties in a form prescribed by Hypetap.
In the event a shorter period has been agreed to, the user must pay the Fees as specified by Hypetap, upfront and prior to accessing their Account. The User will be unable to access and utilise Hypetap’s services until the Fees are paid in full.
Notice period: Where a shorter period has been agreed and the user decides to cease using the services of Hypetap at the end of the Subscription, the user must notify Hypetap in writing and via an email at least 30 days prior to the completion of the shorter period (“Notification”). In the absence of any such Notification, the user’s subscription shall be automatically renewed for a period of the same time length, as the shorter period referred to above and agreed between Hypetap and the user.
In the event the Subscription is automatically renewed, the user agrees to and must pay the applicable Fee as specified by Hypetap.
Hypetap is not responsible for informing or advising a user of any upcoming expiration dates in relation to any Subscription they may hold with Hypetap. It is the user’s sole responsibility to notify Hypetap of any changes to their Subscription, including providing the required notice for cancellation. Hypetap is not and will not be held liable for any loss and/or damages occurring from the user’s Subscription and/or due to the user’s delay or lack of providing proper notification, in accordance with the terms and conditions contained herein, and the user hereby indemnifies Hypetap from any such loss and/or damage (either direct or consequential).
Billing: Depending on your payment preferences, you may be billed upfront (for the entire 12 months) or automatically billed at the start of each monthly cycle. For any fee owed to Hypetap, we will provide you will a copy of your invoice via the primary registered email to the account.
Making payment: Fees owed to Hypetap are paid directly to us using a payment provider. We may invoice you for the applicable fees or ask a third party (“Payment Provider”) to process charge card payments on our behalf. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information through the Services, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required.
Non-payment: The Site reserves the right to close, suspend, or limit access to your User Account and/or Hypetap.com Services in the event we do not receive your monthly payment by the due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
If the Organisation fails to pay any Fees by the required time in addition to any other rights it may have at law, Hypetap may require that the Organisation to pay:
a) Interest to Hypetap, on the daily amount outstanding, at the rate applicable from time to time under the Penalty Interest Rates Act, 1983 until all monies due are paid; and
b) Any expense (including legal fees) incurred by Hypetap in recovering the outstanding Fees from the Organisation.
a) We may change the Fees from time to time within our sole discretion by updating the listed Fees for our Subscription without any additional notice to you.
b) Upon entering into a Subscription, you will not be impacted by any changes in Fees for the duration of your Subscription. The Fees owed are the Fees you agreed to when signing up to Hypetap.com
c) Upon renewing your Subscription, the Fees will be viewable to you before you continue.
d) Users on a Non-Subscription Account – We may change the Fees from time to time within our sole discretion by updating the listed Fees. We will notify the Organisation of any change via email at least 10 business days before the change takes place.
Termination: If you decide to terminate your Subscription, you will be obliged to pay out the remaining amount on your plan upfront at a 10% discount. If you would like to terminate your Subscription, you must contact us via email (email@example.com). This request can take up to 72 hours to action.
Refunds: We do not offer refunds for our services. If there has been an issue with a service provided to you by us, we will simply perform / enable the services again.
Payments to Content Creators (applies to Non-Legacy Campaigns only)
We do not operate an escrow service. We do however, provide a service which allows controlled payments to be made with respect to the Collaboration – Details below.
Payment to Content Creators: As an Organisation, you understand that entering into a Collaboration with a Content Creator may require payment as per the negotiation between you and that Content Creator. All monetary payments to Content Creators must be performed using our Services. When negotiation is complete, the Organisation will deposit funds with Hypetap, who will then release them to the Content Creator when (a) the Content Creator has completed their obligations as per the collaboration set by the Organisation (and no dispute has been raised) (b) when a dispute is resolved where the outcome requires the Organisation to make a payment to the Content Creator.
Non-payment: Once the Content Creator has performed their side of the services required as per the Collaboration, the Organisation is required to approve the posts within seven days. If the Organisation does not approve the Content Creators services, the funds will be automatically released by Hypetap to the Content Creator.
Payments to Content Creators (applies to Legacy Campaigns only)
Payment to Content Creators: As an Organisation, you understand that entering into a Collaboration with a Content Creator may require payment as per the negotiation between you and that Content Creator. All monetary payments to Content Creators must be performed using our Services which will require a PayPal transaction. Content Creators will not be able to enter into a Collaboration that requires a monetary payment if they have not entered in their PayPal ID (as required in the negotiation in the platform). The Organisation payment will be made when: (a) the Content Creator has completed their obligations as per the collaboration set by the Organisation (and no dispute has been raised) (b) when a dispute is resolved where the outcome requires the Organisation to make a payment to the Content Creator. This payment is made directly to the Content Creator via their connected PayPal account – It does not get paid to us. Payments to Content Creators cannot be made to us with the intention of being redirected to relevant party – It is a direct payment from the Organisation to the Content Creator only.
Non-payment: Once the Content Creator has performed their side of the services required as per the Collaboration, if payment is involved, the Organisation is required to make payment within seven days from the time you have approved their services. If you do not approve their services, it will be automatically approved after a seven day period. From the date of approval, you will have seven days to make payment. If payment is not processed within this time frame, the Organisation will incur a daily charge of $2.50 payable to Hypetap and $2.50 payable to the Content Creator. We will send you reminder via our in system notifications and emails regarding your payment obligations to reduce the likelihood of this occurring.
Fees to Hypetap for Content Creators
Content Creators currently set up and use their Account without any Fee payable to Hypetap. Content Creators are charged a transaction fee for Collaborations with Organisations that require a monetary payment (this does not apply to Legacy Campaigns). An outline of Fees charged can be found on the Content Creator section of the Site.
All amounts, fees, payments and charges are stated and will be assessed in Australian dollars (AUD). Your Account and all transactions are made and displayed in AUD unless otherwise specified. Any tax liabilities in the relevant jurisdiction may apply. Your subscription to our services and relates fees and charges may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable. Hypetap takes no responsibility in ensuring that either Organisations or Content Creators comply with their tax obligations. This includes filing all appropriate forms with the appropriate taxing authorities.
Goods and Services Tax
All fees and amounts quoted on the Site are exclusive of GST unless expressly stated otherwise. When required, we will issue the Organisation with a valid tax invoice which will include any applicable GST in addition to the fees quoted.
If a dispute arises between you and another user, our goal is to provide you with a unbiased and cost effective means of resolving the dispute quickly. We encourage all users to solve disputes amongst themselves. However, if no resolution can be reached, users can escalate the dispute to Hypetap to resolve by contacting us via email. We will solve your dispute to the extent possible. For any issue not solved between Users, we have no responsibility for enforcing any User rights.
You authorise Hypetap.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. The Site reserves the right to close, suspend, or limit access to your User Account and/or Hypetap.com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.
Prohibition on negotiation of fee outside of Site: You are strictly prohibited from attempting to negotiate the fee for a Collaboration with another User directly (outside of Hypetap.com) after that Collaboration has been created/opened and before that collaboration has been closed (i.e. during an ongoing collaboration). This also applies to any Collaboration that was closed without a Content Creator being chosen, and then contacting them about the platform anyway.
Providing contact information: Users agree not to post their e-mail address on the site, except in the “e-mail” field of the signup form, or when asked by Hypetap.com. There is sufficient messaging tools provided via the Site to allow Organisations and Content Creators to effectively communicate and negotiate. This does not only apply to e-mail addresses, but to all methods of communication, including but not limited to phone, ICQ, AIM, MSN Messenger, GTalk, Skype and Yahoo.
Platform bound: You are prohibited from intentionally conducting collaborations with Content Creators on our database if you have discovered their existence using Hypetap. If we believe a User has negated the platform, we will manually investigate the situation. You understand that if you have been found to go around the system, you may be liable.
Intellectual Property Rights
All intellectual property rights in the Services (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. This agreement, and your access and use of the Services, does not constitute a transfer of any of our intellectual property rights. You agree to not engage in the use, copying, distribution or commercialisation of any of the Services or our intellectual property rights other than expressly permitted herein.
Indemnity and Release
You agree to release, indemnify and hold Hypetap and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Services or your violation of any rights of another.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HYPETAP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE SITE IS A DYNAMIC TIME-SENSITIVE WEB SITE. AS SUCH, THE INFORMATION ON THE SITE WILL BE CHANGED FREQUENTLY. IT IS POSSIBLE THAT SOME INFORMATION COULD BE CONSIDERED OFFENSIVE, HARMFUL, OR INACCURATE, AND IN SOME CASES MAY BE MISLABELED OR DECEPTIVELY LABELED ACCIDENTALLY BY HYPETAP.COM OR ACCIDENTALLY OR PURPOSEFULLY BY A THIRD-PARTY.
HYPETAP MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPETAP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPETAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL HYPETAP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HYPETAP IN THE LAST ONE MONTH.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Compliance with Australian laws only
The Service is controlled and offered by Hypetap from its facilities in Australia. Those who access or use Hypetap Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Hypetap does not knowingly intend, impliedly or expressly, to violate any laws of other jurisdictions and accepts no responsibility to the maximum extent permitted by law.
Unenforceable or invalid terms are severable
If any of these Terms of Service are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Service shall nevertheless continue in full force.
As between the User and Hypetap (“the parties”), if there is any inconsistency (whether expressly referred to or to be implied from any subsequent or substitute agreements entered into between the parties) between the provisions of Hypetap’s Terms and Conditions and those of the subsequent or substitute Agreement or other transaction documents (“secondary documents”), these secondary documents are to be read subject to Hypetap’s terms and Conditions and the provisions of Hypetap’s Terms and Conditions prevail to the extent of the inconsistency.
These Terms of Service are governed by, and the proper laws of contract are, the laws in force in Victoria (Australia) without regard to its choice of law rules.
You agree to submit to the exclusive jurisdiction of the courts of Victoria (Australia).
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to ask any questions regarding this Terms of Service or the Services.