Terms and Conditions
The following provisions govern your use of hipages.com.au (the "hipages.com.au Web Site") and all other services made available to you through the hipages.com.au Web Site including the hipages.com.au web site. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE hipages.com.au Web Site. By using the hipages.com.au Web Site, you agree to be bound by these Terms and Conditions which constitute a contract between you and hipages Pty Limited (ACN 109 996 134) of Level 10, 255 Pitt Street, Sydney NSW 2000, Australia ("we" or "us"). If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use the hipages.com.au Web Site. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of the hipages.com.au Web Site constitutes your acceptance of and agreement to any revised Terms and Conditions.
Please also see our Privacy Policy.
User Submissions
General
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on the hipages.com.au Web Site, including all advertisements, photos and creative designs, are either your own works or works which you are using with the permission of the owner. Subject to any other clauses of these Terms and Conditions, by submitting information or content (including advertisements, photos and designs) to any part of the hipages.com.au Web Site you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display your name and the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to the hipages.com.au Web Site (i) complies with all relevant laws; (ii) does not infringe the intellectual property rights (including but not limited to copyright and trade marks) of any person; (iii) is not misleading or deceptive nor likely to mislead or deceive; and (iv) does not violate any privacy laws or regulations or confidentiality restrictions. You warrant that any and all information submitted by you and posted on the hipages.com.au Web Site, including in any directories, is true, complete and correct.
Ratings
We may, from time to time, allow users who engage with a tradie through the Web Site to rate their experience with that tradie. While we verify that feedback comes from users who engaged with the tradie through the Web Site, the content of the feedback is the user’s opinion. The ratings are a collation of user feedback and do not constitute an endorsement or recommendation by us in connection with any tradie. For more information on how our rating systems works visit hipages.com.au/trust. Ratings are not a substitute for making your own inquiries as to the suitability of any tradie that you are considering hiring.
You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a tradie or undermine the operation of the ratings system. We reserve the right to remove feedback from the star rating system which we deem to be inappropriate, deceptive or does not adhere to our feedback guidelines hipages.com.au/content/feedback_and_rating_guidelines.
Copyright in Reviews and comments
By accepting these Terms and Conditions when registering your account, you hereby assign to us all present and future copyright in all of original content submitted or posted by you to the hipages.com.au Web Site including without limitation: comments, forum posts, public messages, reviews, ratings and the compilation of any inspiration board (but not including the contents of any advertisement, advertiser’s profile, or any ‘get a quote’ submission). You also irrevocably authorise us to use the content in any way we please, including in a way that you might consider to infringe your moral rights in the content. For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms and Conditions, and your use of the hipages.com.au Web Site constitutes your agreement to these Terms and Conditions.
Review of submissions
Files that you upload, public messages that you send and your activity in dialogue, discussion, and forums on the hipages.com.au Web Site are subject to review, modification and deletion without notice by the discussion or forum manager. Files that you upload to a bulletin board are subject to posted limitations on usage, reproduction and/or dissemination and you are responsible for adhering to such limitations. You should be aware that personally identifiable information you choose to disclose on the hipages.com.au Web Site may be used by third parties and such use is beyond our control.
You must not post any information which (i) is libellous, defamatory, obscene, offensive, sexually explicit, fraudulent, false, unlawful, or contrary to the ownership or intellectual property rights of any other person, or (ii) contains any virus, worm, trojan or other code which is contaminating or destructive to the files, data or programs of the hipages.com.au Web Site or any of our users.
We may deny you access to all or part of the hipages.com.au Web Site and/or suspend or cancel your service account without notice if we, in our reasonable discretion, determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions or is otherwise inappropriate. We will not be liable for any loss of profit or business opportunity that may result from the suspension or cancellation of your service account.
Copyright and Trade Marks
The entire contents and design of the hipages.com.au Web Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and is protected by copyright laws. The hipages.com.au Web Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the hipages.com.au Web Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information or content on the hipages.com.au Web Site for commercial purposes or to establish, operate or maintain your own product or service offering. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.
Postcode mapping information supplied by, and copyright FindMap
General Disclaimer
Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of the hipages.com,au Web Site which cannot be excluded, restricted or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) to: (a) in the case of goods supplied to you, to the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair) and (b) in the case of services supplier to you, the supply of the services again, or the payment of the cost of having the services supplied again.
Subject to the Consumer Guarantees: (a) the hipages.com.au Web Site is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade; (b) we make no representation or warranty that any content of the hipages.com.au Web Site is accurate, complete, appropriate, reliable or timely; and (c) we also make no representation or warranty that your access to and use of the hipages.com.au Web Site will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating the hipages.com.au Web Site at any time without notice.
Use of the hipages.com.au Web Site
Expect as required by the Consumer Guarantees, your use of the hipages.com.au Web Site is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the hipages.com.au Web Site. Neither we nor anyone else involved in creating, producing or delivering the hipages.com.au Web Site, our e-newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, the hipages.com.au Web Site.
You must not use any means of automatically searching or mining data from the hipages.com.au Web Site or in any way interfere or attempt to interfere with the proper operation of the hipages.com.au Web Site.
You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with the hipages.com.au Web Site, our systems or data or those of any third party via the hipages.com.au Web Site.
Disclaimer
We strive to provide valuable and accurate information. The editors of the material contained in the hipages.com.au Web Site have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in the hipages.com.au Web Site neither we nor any other party involved in the preparation of material contained in the hipages.com.au Web Site or in our e-newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.
Consumers reading articles or other material posted on the hipages.com.au Web Site or e-newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through the hipages.com.au Web Site or our e-newsletters is intended as professional advice.
We do not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.
You should satisfy yourself as the competence, solvency, insurances and licensing of anybody you decide to retain as a result of a connection made through our services, including the postajob / Get Quotes service. Under no circumstances shall we be liable for any damages whatsoever as a result of losses caused to you by a person or entity that you retain as a consequence of using our directory or services.
The hipages.com.au Web Site may contain links to web sites operated by third parties. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. The appearance of any product, service or web site link on the hipages.com.au Web Site and/or in our e-newsletters does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.
COVID-19 Vaccination Badge
Evidence of vaccination status
For tradies: In order for the “COVID-19 vaccination badge” to be applied to Your (tradie) profile on the hipages.com.au Web Site, You must provide hipages with satisfactory evidence of Your vaccination status in relation to COVID-19. You (tradie) warrant and represent that the information relating to Your vaccination status is true, accurate and correct at the time the information is provided. You agree to maintain and promptly update any such information to ensure that the information remains true, accurate and correct. hipages gives no warranty and accepts no liability in respect of the accuracy, reliability or quality of any information relating to vaccination status by You.
You (tradie) acknowledge, warrant and represent to hipages and its users that You will be responsible for the vaccination status of any of Your employees who attend jobs booked through the hipages.com.au Web site. You (tradie) acknowledge and agree that hipages gives no warranty, makes no representation to, and accepts no liability in respect of the accuracy, reliability or quality of any information relating to vaccination status of Your employees and is not liable for any consequences that arise as a result of Your failure to ensure the vaccination status of Your employees.
For customers: You (customer) agree that for any jobs booked through the hipages.com.au Web Site, that You will check the vaccination status of any tradie who attends your premises to complete any job. You (customer) agree that hipages gives no warranty and is not liable for any incorrect information relating to vaccination status that has been provided by a tradie.
DisclaimerUse of the hipages.com.au Web Site should be considered in accordance with Our Terms and Conditions and Privacy Policy available on the hipages.com.au Web Site. We strive to provide accurate information in relation to the vaccination status of tradies who use the hipages.com.au Web Site. hipages has consulted sources that are believed to be reliable in their efforts to provide information relating to a tradie’s vaccination status that is correct at the time of posting the COVID-19 vaccination badge, but does not guarantee the accuracy of the information provided by them.
Any profile, business or individual tradesperson who has the COVID-19 vaccination badge assigned to them on the hipages.com.au Web Site has provided Us with evidence of their vaccination status in respect of COVID-19 and its variants. To the extent permitted by law, hipages assumes no responsibility for any errors or omissions or for the results obtained from the use of such material. Consumers are encouraged to confirm the information contained therein with other sources, including by requesting proof of vaccination where a tradesperson visits your home or business.
hipages facilitates connections between tradies and consumers who require their services, but does not supervise the arrangements made between tradies and those requiring their services, or between tradies and any employees of the tradie, including in relation to vaccination status.
We do not examine, determine or warrant the information of any professional listed in our directories. We rely on the professionals listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof.
Payment Facilitator
We use Assembly Payments Platform Pty Ltd (Assembly) as a third party service provider for internet based payment services to facilitate payments for transactions between you and tradespeople who advertise through us. You agree to be bound by Assembly's Privacy Policy with is located at https://assemblypayments.com/company/policies/privacy-policy hereby consent and authorise us and Assembly to share any information and payment instructions you provide with one another and, to the extent required to complete your transactions, with any third party service provider(s). You also agree to be bound by Assembly's End User Agreement which is located at https://assemblypayments.com/company/policies/end-user-agreement.
Vouchers
These terms and conditions (Terms) apply to vouchers (Vouchers) and coupons (Coupons) issued by hipages Pty Ltd, ABN 78 109 996 134, Level 10, 255 Pitt St, Sydney, NSW 2000 (hipages, us or we).
For customers: Vouchers or Coupons may be activated and redeemed in accordance with these Terms. By activating, redeeming, or attempting to redeem any Voucher or Coupon, you (Customer) agree to be bound by these Terms.
For tradies: These terms apply to jobs booked through the hipages app or website for which we pay a Voucher amount to you. By accepting a job to which a Voucher applies, or accepting payment for the job, you (Tradie) agree to be bound by these Terms.
Terms
• Vouchers and Coupons: hipages may, in its sole discretion, create and distribute Vouchers and/or Coupons. Vouchers may be issued individually or as part of a Coupon. Vouchers set out on a Coupon are not valid until the Customer activates the Coupon through the Customer’s hipages account. This will add the Vouchers to the Customer’s hipages account. The Customer must have, or create, a hipages account to redeem any Voucher or activate any Coupon.
• What Vouchers and Coupons cover: Vouchers may include discounts on services or products offered by hipages or third party providers (Services), including jobs booked through the hipages app or website (Job), as set out on the Voucher. Coupons may only be activated or redeemed for Vouchers. Vouchers can be used for any job posted through the hipages "Get Quotes" feature to connect consumers with up to 3 tradies. However, jobs where consumers have 'Requested a Quote' or 'Made an Enquiry' directly with an individual tradie listed on the hipages directory are not eligible for vouchers.
Conditions:
Vouchers can be redeemed only if all of the following conditions are satisfied: • The Voucher has been activated via the Customer’s hipages account, • The Voucher has not expired, the Job or Services is booked through the "Get Quotes" feature on the hipages App or Website, • The payment for the Job or Services is made via the hipages app or website; • The payment meets the minimum payment amount specified on the Voucher (if applicable), • The price for the Job or Services meets the minimum amount (if any) specified on the Voucher, • No other Voucher is being, or has been used, for the same Job or Services, • If the Voucher is for a specific Job category, the payment must be for a Job in the same category as specified on the Voucher; and • All other terms and conditions set out on or referred to on the Voucher (if any) are satisfied.How Vouchers are redeemed:
• Vouchers are automatically redeemed when the Customer books a Job or Services in an applicable Job category (as specified on the Voucher) using the hipages App or Website prior to the Voucher expiry date and makes payment via the hipages payment platform. Vouchers may not otherwise be redeemed.
• If a Voucher amount is not shown in the payment platform, the Voucher may not have been applied to your Job. If this occurs, you should contact us before making payment to confirm whether the discount or Voucher has been applied. • A Voucher cannot be redeemed where payment for the Services has been made directly to the tradie performing the Services or if payment is not made through the hipages payment platform. • Unless otherwise specified on the Voucher, any surplus or unused Voucher amount will automatically expire on completion of the Job or Services and cannot be used for any other Job or Services. • Under no circumstances will a Customer be entitled to be paid any surplus or unused amount of a Voucher.Limit on number of redemptions / activations:
Unless otherwise specified on the Voucher or Coupon: • Each Voucher, Coupon or coupon code may only be redeemed/activated once per person; and • Only one Voucher may be used for the same Job or Services; and • A Voucher or Coupon cannot be used in conjunction with any other Voucher or Coupon for the same Job or Services.Cancellation of Vouchers, Coupons and redemptions:
hipages may: • Cancel or refuse to accept any Voucher, Coupon, coupon code, redemption or activation that it reasonably believes or reasonably suspects does not comply with these Terms, is counterfeit or is, has been or will be activated or redeemed more than once by any person or that is involved in a fraudulent or unlawful transaction; • Reverse any payment or transaction that it reasonably believes is fraudulent or unlawful; • At any time, in its sole discretion, and without prior notice to any person, cancel or revoke any Vouchers or Coupons which has expired and not been redeemed. You (as Customer or Tradie) agree and acknowledge that subject to your rights as set out in this section, hipages shall not be liable to compensate you or any other person as a result of any termination, cancellation or reversal of a payment or transaction under this clause.Consumer and other statutory rights not affected.
Nothing in these Terms limits any right or obligation you (as Customer or Tradie) have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited. • Intended purpose: Vouchers and Coupons must only be used for their intended purpose (being the purpose that is set out on the Voucher or Coupon or that is apparent from their terms). • Non-transferrable, non-refundable: Vouchers and Coupons are non-transferable, non-refundable, and cannot be sold or exchanged for cash. You (whether Customer or Tradie) must not attempt to duplicate, transfer, sell or exchange any Voucher or Coupon without hipages’ express written permission. hipages may, in its sole discretion, cancel any Voucher or Coupon it suspects has been duplicated, transferred, sold or exchanged in breach of this clause. Subject to the provisions set out in the section above re Cancellation of Vouchers, Coupons or redemptions, hipages will have no liability in respect of any cancellation of a Voucher or Coupon under this clause. • Charges and costs of redeeming Vouchers and Coupons: hipages does not impose any additional charge or fee to redeem a Voucher or Coupon. You (whether Customer or Tradie) are responsible for, and hipages accepts no liability for, any ancillary costs you incur in redeeming or activating a Voucher or Coupon (such as, but not limited to, internet or telephone charges you incur). • Suspension of Vouchers and Coupons: hipages may suspend activation, redemption or processing of, or access to, any Vouchers or Coupons on any hipages account if it reasonably suspects that the account has been hacked or that a person other than the holder of the account has gained access to, or has been using, the account. • Security: The Customer is solely responsible for the security of their Vouchers and Coupons, including any unique voucher code or other means of redemption provided to the Customer. hipages accepts no responsibility or liability for any misuse of the Customer’s Voucher or Coupon by any person. • Lost, stolen and damaged/destroyed Vouchers and Coupons: hipages has no obligation to replace any lost, stolen, damaged or destroyed Vouchers or Coupons. • Expiry of Vouchers and Coupons: Vouchers and Coupons expire on the date set out on the Voucher or Coupon. If no other expiry date is specified for individual Vouchers on a Coupon, the expiry date is the expiry date set out in the Coupon. If no date is specified, the Voucher or Coupon expires within 6 months of the date the Voucher or Coupon is issued by hipages. • Verification of Vouchers and Coupons: hipages reserves the right, at any time, to verify the validity of any Voucher, Coupon or compliance with these Terms and to cancel any Voucher or Coupon for breach of, or failure to comply with, these Terms. Mere errors and omissions will be accepted at hipages’ discretion. Failure by hipages to enforce any of its rights at any stage does not constitute a waiver of those rights. • Inconsistency with these Terms: In the event of any inconsistency between these Terms and the specific terms set out on a Voucher or Coupon, any terms (whether set out on the Voucher or Coupon, or in these Terms) that: • Limit the scope or amount of the Voucher or Coupon; • Limit our liability or obligations under or in connection with the Voucher or Coupon; • Limit how the Voucher or Coupon can be redeemed or activated (including by imposing additional requirements for redemption); • Shorten the expiry, or provide for additional ways in which the Voucher or Coupon may expire or be cancelled; • Provide for additional identification, security or fraud prevention requirements, will prevail to the extent of the inconsistency.
Disclaimer
You (as Customer or Tradie) agree and acknowledge that: • Unless otherwise specified, the Services (including Jobs) are provided by Tradies, or other third party providers, who are independent third parties and are not employed by or agents of hipages; • Any agreement to provide the Services (including Jobs) is between the Customer and Tradie only; • The Services may also be subject to any terms and conditions between the Customer and the Tradie or other third party provider of those Services; • Your use of the hipages website and/or app, including to redeem any Voucher, or activating any Coupon, or book (or, in the case of Tradies, accept any booking for) any Job or Services is subject to hipages’ terms and conditions (available at https://hipages.com.au/terms) (“hipages terms and conditions”), including the disclaimers, limitations of liability and indemnities by you under those terms and conditions; • Subject to the Australian Consumer Law and the Consumer Guarantees, hipages has no obligation to deliver the Services, and makes no representation or warranty, and accepts no liability whatsoever in respect of the Services or any Job (except to the extent that cannot be excluded under any consumer law or other law, which shall remain in full force and effect).Privacy
hipages collects personal information in order to activate, honour and verify Vouchers and Coupons, and may, for this purpose, disclose such personal information to third parties, including but not limited to agents, contractors, service providers, suppliers and, as required, to Australian regulatory authorities. Acceptance, activation or redemption of Vouchers and Coupons is conditional on you providing this personal information. hipages will also use and handle your personal information in accordance with its privacy policy (Privacy Policy), which can be accessed at https://hipages.com.au/privacy. In addition to any use that may be outlined in the Privacy Policy, hipages may also, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You should direct any request to opt out, access, update or correct your personal information to hipages and direct any complaints regarding treatment of your personal information in accordance with the Privacy Policy.Additional terms for Tradies
• The following terms apply to Tradies in addition to the other terms above. • These Terms apply in addition to the hipages Pty Ltd Terms & Conditions between the Tradie and hipages. • Where a Voucher is redeemed in respect of a Job or Services in accordance with these Terms, hipages will pay the Tradie the applicable amount as set out at clause 4 above. The Tradie must not seek payment of the same amount from the Customer in any circumstances. • Lead charges and any other applicable charges will continue to apply to the Job or Services and/or the request for quote, and will not be affected by the Voucher amount. hipages may deduct from, or set off against, any Voucher payment any amounts owing or payable by the Tradie to hipages. • If a Job or Services are cancelled or refunded, or required to be cancelled or refunded, for any reason, hipages shall have no obligation to pay to the Tradie, and the Tradie must refund to hipages, any Voucher payment for that Job or Services. hipages may, in its sole discretion, waive this requirement for a particular payment, Job or Services, but only in writing signed by hipages. • Indemnity: The Tradie agrees to indemnify hipages, and its officers, employees agents and representatives, for any loss, damage, claim, liability or demand (howsoever arising, and whether at law, in equity, under statute or otherwise) arising out of the performance, or acceptance, by the Tradie of a Job or Services to which these Terms (or a Voucher) apply, or any breach of these Terms by the Tradie, except to the extent the loss, damage, claim, liability or demand arises out of the gross negligence or wilful default of hipages, or the officer, employee, agent or representative.
Registration
You must register and obtain a service account in order to submit information to the hipages.com.au Web Site. To do so, and to find out about the benefits of registration, please go to "Register Now". After you have registered, one of our sales representatives will contact you to confirm your registration details. Your service account will then be activated and you will be issued a password which will be sent to you by email.
You must not disclose your password to any third party and you are responsible for keeping it confidential. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with an URL beginning with hipages.com.au. If you suspect any unauthorised use of your service account or access to your password, please change your password immediately and contact us. You are responsible for all unauthorised use of your services account by anyone who obtained access to your account directly or indirectly through you.
You may close your service account at any time but you will remain liable for obligations related to your service account after it has been closed. The sections in these Terms and Conditions headed Copyright and Trade Marks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will continue to apply once your service account has been closed.
Designated Copyright Representative
The Copyright Regulations 1969 (Cth) establish a safe harbour scheme which limits the remedies available against carriage service providers for copyright infringement relating to certain online activities. Our designated representative to receive notifications and notices issued under that scheme in relation to all activities carried out by us as a carriage service provider is:
Email: accounts@hipages.com.au
Postal address: Level 10, 255 Pitt Street, Sydney NSW 2000, Australia
Indemnification
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the hipages.com.au Web Site using your service account. This indemnity does not apply to the extent that we acted negligently or wilfully engaged in misconduct.
Waiver, Release and Limitation of Liability
Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the hipages.com.au Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the hipages.com.au Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the hipages.com.au Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Except in relation to a Consumer Guarantee, neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the hipages.com.au Web Site, or resulting from the act or omission of any other party involved in making the hipages.com.au Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the hipages.com.au Web Site or that information, except to the extent we acted negligently or engaged in wilful misconduct.
Third Party Rights
The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Miscellaneous
Advertisers and sponsors of the hipages.com.au Web Site and/or its e-newsletters have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the hipages.com.au Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Last updated on 6 September 2021.
