hipages Pty Ltd Terms & Conditions

(effective from 1 April 2024)

hipages offers tradies the ability to use its Website and App to obtain Leads, and associated services and other benefits (Products). These Products include (but may not be limited to) packages known as Value Cap, Lite, Basic, Starter, Advanced, Premium and Premium Plus, and PPL Products (the Package). The Packages and the inclusions constituting the Products may change from time to time.

These written terms and conditions together with the verbal terms and conditions read to you, and to which you agreed, during your recorded telephone call with us (Verbal Terms and Conditions) constitute all of the terms and conditions that apply between hipages Pty Ltd, ABN 78 109 996 134, Level 10, 255 Pitt Street NSW 2000, Australia (us, we or hipages) and the entity named in the Verbal Terms and Conditions (you or your) for the supply by us to you of the Product(s) specified in the Verbal Terms and Conditions (Agreement).

By giving your voice recorded consent, or otherwise signifying your agreement, or by using the Website or App to list your business or receive Leads, you agree to be bound by all of the terms and conditions that apply to the Agreement, including these written terms and conditions, the Verbal Terms and Conditions.

Key information about the Product package you have agreed to acquire from hipages is contained in the email headed “Your Package - Key Information”, you received from us at the Enquiry Email following your agreement to the Verbal Terms and Conditions (Key Information Email).

Definitions:

Accepted Lead means:

a Lead that you accept and receive contact details for; or
if we have assigned you a telephone number as part of a PPL Product or other Product, means:
1. a Lead that you accept and receive contact details for; or
2. a telephone call to your Enquiry Number that is not answered but where the originating number is recorded and emailed by us to your Enquiry Email; or
3. a telephone call to your Enquiry Number that is answered either by a person or by voicemail and lasts for a duration of 10 seconds or longer where the person informs you that they are calling as a result of viewing the Website or App; or
4. any email enquiry or contact sent to your Enquiry Email by us from any page of the Website other than an exact duplicate of the first such email (including in respect of the same job request), is not spam and is not a promotional email; or
5. any email enquiry or contact sent to your Enquiry Email where the person sending the email informs you that they are emailing you as a result of viewing the Website; or
6. any other contact from a person to you in response to campaigns or advertising that we may from time-to-time offer via a PPL Product campaign that are not otherwise described above.

ABN means the unique 11 digit Australian Business Number referred to in clause 2(i)(c) issued by the Australian Government Business Registration Service that identifies your business.

App means the hipages tradiecore or hipages for Business App.

Auto-Renewal Notice has the meaning given in clause 5(iii).

Cooling-off Period has the meaning given in clause 4(i).

Directory Listing means any listing by you, your business, or a related entity on our online directory, App and/or Website.

Enquiry Email means the email address referred to in clause 2(i)(a), and any email address used to promote your business on the App or Website.

Enquiry Number means the telephone number referred to in clause 2(i)(b), and any telephone number used to promote your business on the App or Website.

Introductory Term has the meaning given in clause 5(ii).

Job means work or services performed under or in connection with: (a) a Lead or Accepted Lead, or (b) a job request arising out of your use of any Product, or the Website or App.

Lead means an invitation for you to connect in response to a customer’s request to get quotes that we send to your Enquiry Email or Enquiry Number, or that you receive through the Website or App.

PPL Product means a Product under which you pay us an additional charge for each Accepted Lead.

Renewed Term has the meaning given in clause 5(iii).

Product means

Job lead generation, including access to partner programs and cost guides;
Directory profile;
Job Management; and
hipages tradiecore or hipages for Business app;

Job Management includes features such as quoting, scheduling, invoicing, CRM, billing and payment integration functions.

Website means the websites located at http://www.hipages.com.au and http://www.homeimprovementpages.com.au.

Your Data means any data or content transmitted or received by you in relation to your use of hipages tradiecore.

Our key obligation to you
1. We will provide you the Product(s) specified in the Verbal Terms and Conditions (and recorded in the Key Information Email) during the Introductory Term of the Agreement, and the Product(s) specified in the Auto-Renewal Notice during any Renewed Term of this Agreement.
Your key obligations to us
1. You must:
  1. provide us with an active email address for us to direct emails to and for you to receive emails;
  2. provide us with an active mobile telephone number capable of receiving voice calls and SMS for us to direct enquiries to and for you to receive requests for quotes. You may also provide us with an active land line number;
  3. provide us with the current, valid ABN for your business;
  4. provide us with details of all licences or qualifications you hold that are required for you to accept and perform Jobs in your selected Lead categories;
  5. successfully complete an ID check before your listing becomes active on our platform;
  6. provide us with accurate and current details for the bank account or credit card you have selected to use to make all payments required to be made by you in accordance with the Agreement and ensure that you maintain sufficient funds and/or credit in that account/on that credit card to enable you to do so;
  7. promptly notify us of any relevant changes to your contact details including your Enquiry Email, Enquiry Number, or of any changes to your ABN, licensing status, bank account or credit card details and any other information you are required to maintain with us. You can notify us by contacting us directly or updating the relevant details via the App where applicable;
  8. ensure your Enquiry Email and Enquiry Number is monitored by an employee of yours or another person authorised by you during business hours;
  9. ensure a voicemail system is available for customers to leave a voicemail message on your Enquiry Number during non-business hours;
  10. only accept or perform Jobs that you are licensed and qualified to carry out (where any such licences or qualifications apply);
  11. maintain all licences or qualifications required for you to accept and/or perform Jobs in the categories you have selected to accept Leads, and promptly notify us of any changes to, or expiry of your current licences or qualifications;
  12. make contact with customers in response to a Lead promptly and professionally and carry out all Jobs with due skill and care; and
  13. make contact with customers in response to a Lead or Direct Enquiry promptly and professionally and carry out all Jobs with due skill and care;
  14. ensure that only authorised users may use your account and the Product and ensure that you protect your account from unauthorised use, keep your user identification and password secure and ensure your authorised users do the same;
  15. notify us immediately of any unauthorised use of your account or any other breach of security and, if there is unauthorised use by anyone who obtained access to the account directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorised use; and
  16. cooperate and assist with any actions taken by hipages to prevent or terminate unauthorised use of the Product.
2. You must not, in performing or in connection with a Job, or in using the Website, App or any other Product:
  1. make any statement or representation to any person, or advertise, post or publish any content that is false, misleading or likely to mislead, or is otherwise illegal, offensive, vulgar or unacceptable, or which could expose us or a third party to liability of any kind;
  2. engage in any unlawful, offensive or unacceptable conduct, or behave in an unprofessional or negligent manner;
  3. reproduce without lawful authority in any manner or form any copyright material or other intellectual property;
  4. represent that you are employed by, or that you are an agent or contractor of hipages; or
  5. allow any unauthorised users to access your account.
3. We may at any time remove any material from our Website, App or any Directory Listing which in our reasonable opinion constitutes or represents a breach of clause 2(ii).
Payments
1. You agree to pay the charges for the Product specified in the Verbal Terms and Conditions (and recorded in the Key Information Email) as well as any additional charges you may incur through your use of the Products as specified in these written terms and conditions.
2. Unless otherwise specified, charges for our Product are payable in advance for the agreed billing period or, if not specified, monthly in advance.
3. Whenever you accrue $250 worth of charges for Accepted Leads in respect of a PPL Product, we will debit the amount owing at that time from your nominated credit or debit card. Additional payments due under a PPL Product will be debited to your nominated credit or debit card on the first day of the following month.
4. Payments due under any of our Product will be debited from your nominated credit or debit card on the nominated day of each month or, if no day is specified, the first day of each month.
5. In addition to our other rights (including under clause 5) and any other amounts payable by you, we may recover all fees and charges reasonably incurred in recovering overdue payments from you, including legal and debt recovery charges. We reserve the right to engage debt collection agents or institute legal proceedings against you to recover overdue payments.
6. Any failure by us to charge any fee does not constitute a waiver of our right to do so, or of any other right.
Cooling-off period
1. During the seven days commencing on the first day of the Introductory Term, and seven days commencing on the first day of each Renewed Term of this Agreement (each a Cooling-off Period), you may cancel this Agreement by providing notice to us and we will refund you any fees you have paid in respect of the corresponding Term of the Agreement.
2. However, if you accept a Lead during a Cooling-off Period, you acknowledge that you waive your right to cancel the Agreement during that Cooling-off Period and will not be entitled to any refund of fees you have paid in respect of that Term of the Agreement.
3. To exercise your cooling-off rights, you may provide notice to us in accordance with this clause 4 by contacting us via any means, including by sending such notice to support@hipages.com.au.
Term, automatic renewal, suspension and termination
1. Unless terminated in accordance with this clause 5, the Agreement is ongoing and will continue for the Introductory Term and any subsequent Renewed Terms (each a Term of the Agreement).
2. The Introductory Term commences on the start date specified in the Verbal Terms and Conditions (and recorded in the Key Information Email) and continues for six months or as otherwise specified in the Verbal Terms and Conditions.
3. Unless you give us notice of cancellation before the end of the current Term, the Agreement will be automatically renewed at the end of that Term for a further 12 months (Renewed Term). You acknowledge that a Renewed Term may be longer than the Introductory Term.
  Subscription charges for the Renewed Term will be deducted from your nominated credit or debit card.
  We will send to you, at the Enquiry Email, at least one reminder of the automatic renewal of the Agreement at least two weeks before it occurs, which will contain the terms and conditions that will apply to the Renewed Term (Auto-Renewal Notice). You acknowledge that you will be bound by the terms and conditions contained in the Auto-Renewal Notice unless you give us notice of cancellation prior to the date of renewal, being the end of the current Term.
  You may provide to us notice to cancel auto-renewal at any time during a Term of the Agreement by contacting us and indicating that you wish to cancel auto-renewal of the Agreement.
4. (Your right to terminate) You may not terminate, or purport to terminate the Agreement prior to the expiration of the current term unless:
  1. we have materially breached any term or condition of the Agreement and failed to rectify the breach after being given a reasonable opportunity to do so (unless the breach is not capable of rectification); or
  2. you validly cancel the Agreement during a Cooling-off Period in accordance with clause 4.
5. (Our right to terminate) If, in our reasonable opinion, we consider that you have materially breached any term or condition of the Agreement, or failed to pay any amount in accordance with clause 3 (or payment is declined), we:
  1. must provide you with an opportunity to rectify the breach to our reasonable satisfaction (unless the breach is not capable of rectification);
  2. if the breach is capable of being rectified (as reasonably determined by us), may suspend the provision of our Product(s) to you under the Agreement until all breaches have been rectified; and
  3. if the breach is not capable of being rectified (as reasonably determined by us) or has not been rectified to our reasonable satisfaction following a reasonable opportunity to do so, may terminate the Agreement with you if a breach has not been appropriately rectified or is not capable of rectification.
    Our suspension of the provision of our Product(s) to you under the Agreement, or our termination of the Agreement, in these circumstances will not relieve you of any of your obligations to us under this Agreement, including your obligation to pay all fees and charges otherwise due to us.
6. In addition to our right to terminate this Agreement in accordance with clause 5(v), we may immediately, without notice, suspend or terminate your access to the Product and terminate this Agreement for any of the following reasons:
  1. you seek to hack the security mechanisms of the Product or we otherwise determine that your use of the Service poses a security risk to us or or to another user of the Product;
  2. you introduce a malicious program into the network or a virtual machine instance;
  3. you cause network interference that affects Product performance for other customers;
  4. you use the Product in a way that we determine, in our sole discretion, is abusive or threatens the performance or availability of the Product;
  5. we receive notice or we otherwise determine, in our sole discretion, that you may be using the Product for an illegal purpose or in a way that violates the law or violates, infringes or misappropriates the right of any third party;
  6. you provide any information that is or becomes inaccurate or incomplete, or we have reason to believe that the information is or becomes inaccurate or incomplete; or
  7. we consider that your use of the Product may adversely affect our reputation or the reputation of the Product in our sole discretion.
7. On termination of the Agreement by us under this clause 5, or any early termination by you except where you are entitled to terminate under clause 5(iv), you agree to pay to us an early termination fee equal to all amounts that would otherwise be payable by you to us under the Agreement including any monthly subscription or use fees, for the balance of the current Term of the Agreement. This early termination fee is immediately due and payable by you to us.
8. Following termination and subject to any specific restrictions applicable to you or Your Data, hipages will make reasonable efforts to make Your Data available to you in the hipages tradiecore App including the ability to export your invoices in an excel file. hipages is not obliged to retain Your Data following termination and makes no representation in relation to the integrity, completeness or timeliness of any exported data.
Assigned phone numbers
Where we assign you a telephone number as part of a PPL Product or other Product, you consent to the recording of telephone calls to and from that number by us for the purpose of assessing complaints by you, or from third parties in respect of your Jobs or use of the Website, App or our Products, to resolve Lead disputes, and for billing, internal review and coaching purposes.
Leads
1. Where your Product includes the provision of Leads by us, to accept a Lead, you must pay us the value of a Lead displayed on the Lead invitation using credits available to you (under a Product) or as an additional charge payable by you to us in accordance with clause 3 (with respect to a PPL Product).
2. Given the nature of our business and the Leads we generate, we cannot guarantee that any Accepted Lead will result in you securing a Job. However, we offer the Lead review process set out in clause 9(i).
3. If you elect to receive Leads via SMS, you will be charged an additional $30 per month for this service.
PPL banner campaigns
If your Agreement includes a banner ad to be displayed within search results on the Website, that banner will be displayed until the monthly banner lead cap is reached. Refer to the Verbal Terms and Conditions and Key Information Email to determine whether any such banner ad is included in your Agreement.
Credits and adjustments
1. At any time within 7 days after receiving an Accepted Lead under a PPL or Value Cap Product, you may request either in writing or via the App a review of the Accepted Lead. We will review the content and nature of the Lead within 5 business days after receiving your request. If we reasonably determine that the transaction was not an Accepted Lead, we will issue you an equivalent lead credit. If you are on a PPL or Value Cap Product, any such credit expires on the earlier of 30 days or the end of your current Term. If you are on a Basic, Starter, Advanced, Premium or Premium Plus, any such credit expires on the earlier of the expiry date of your most recent Lead credit top-up or the end of your current Term.
2. No amount is reimbursable or subject to offset in connection with your obligation to pay us and you will not be entitled to any pro-rata refund of any pre-paid fees except in circumstances where we have materially breached the Agreement.
3. If you move from a standard Lead generation Product (including a PPL Product) into a Value Cap Product, Basic, Starter, Advanced, Premium or Premium Plus Package, unused benefits under the existing Lead generation Product may be forfeited (at hipages’ discretion).
4. Monthly lead credit (package specific terms):
  1. All packages: Products include an amount of monthly credits which you may use to purchase Leads. The amount of the credits available to you per month is as specified in the Verbal Terms and Conditions and (and recorded in the Key Information Email). Credits will be allocated to you each month on the billing date specified in the Verbal Terms and Conditions. These credits are not redeemable outside the App and/or Website, are not redeemable for cash, and are valid for a limited period as stated in the following paragraphs (b)-(d).
  2. Value Cap: If your package is expressed to be a Value Cap package, if you use all of your lead credit during a month, then you may use lead credit in advance from the following billing month only. Any unused lead credit for a billing month will roll over into the following billing month and will expire at the end of the current Term. If your Agreement renews for a Renewed Term, unused lead credits from the final billing month will not roll into the Renewed Term.
  3. Basic, Starter Packages and Advanced Packages: If your package is a Starter package or Advanced package and you use all of your lead credit for a billing month, you may use lead credit in advance from the following billing month only. Any unused lead credit for a billing month will roll over into the following billing month and expire at the end of the next billing month (even if that occurs in a Renewed Term), unless the Agreement is ended before then (in which case, the unused lead credit will expire at the end of the Agreement).
  4. Premium Packages and Premium Plus Packages: If your package is a Premium package or Premium Plus package and you use all of your lead credit for a billing month, you may use lead credit in advance from the following billing month only. Any unused lead credit for a billing month will roll over into the following 2 billing months and expire at the end of the second next billing month (even if that occurs in a Renewed Term), unless the Agreement is ended before then (in which case, the unused lead credit will expire at the end of the Agreement).
Feedback
1. We may, from time to time, allow users who engage with a tradie to provide feedback about their experience with that tradie, which feedback may be made public. The content of the feedback is the user’s opinion and may include statements that are negative, critical, untrue, inaccurate and harmful to your business. You consent to that and acknowledge that we may make that feedback public, even where you consider it is inaccurate, unjustified, or unfair. However, we may exercise our discretion not to publish feedback which we reasonably consider to be inappropriate, offensive, deceptive or which does not otherwise adhere to our feedback guidelines (available at: https://hipages.com.au/content/feedback_and_rating_guidelines).
2. You agree not to do anything which might damage the integrity of or manipulate our feedback process, including without limitation, contributing or soliciting any other person to contribute false, misleading or inauthentic content.
  You acknowledge that the way we gather and publish feedback may have negative consequences for your business, including by publication of statements or the publication of a rating score and you indemnify us and hold us harmless against any claim associated with any adverse consequences relating to our feedback system.
Assignment
1. You must not transfer or assign any of your rights or obligations under the Agreement to a third party without our written approval, and any such purported transaction is void.
2. You acknowledge and agree that we may assign, novate or transfer any of our rights or obligations under the Agreement in whole or in part to a third party at our discretion and without seeking your further consent.
Confidentiality
Each party agrees with the other not to disclose or permit to be disclosed either directly or indirectly in any manner whatsoever information of the other party which is, or which ought to be reasonably expected to be, confidential to any person other than a person to whom such disclosure is necessary to give effect to the Agreement or as required by law.
Privacy
Our privacy policy, as varied from time to time, is incorporated into these written terms and conditions. Our privacy policy applies to your dealings with us and how we collect and use information and can be viewed at https://www.homeimprovementpages.com.au/privacy. You consent to us collecting your personal information in accordance with the terms of our privacy policy. We may use your personal information to obtain a credit report from a credit reporting agency, including before providing Products and services to you and you acknowledge that you may be named in a credit report.
Payment Facilitator
We use Zai Australia Pty Ltd (Zai Payments) as a third party service provider for internet based payment services to facilitate payments for transactions between you and your customers. If we have offered to make payment services available to you, and you have accepted our offer, you agree to be bound by Zai Payments Privacy Policy which is located at https://www.hellozai.com/company/policies/privacy-policy and hereby consent and authorise us and Zai Payments to share any information and payment instructions you provide with the customer and, to the extent required to complete your transactions, with any customer(s). You also agree to be bound by Zai Payments User Terms which are located at https://www.hellozai.com/company/policies/end-user-agreement.
Plan Pausing
1. Unless otherwise specified, account pausing is available on all packages of 6 and 12 month terms.
2. Within 2 business days from the date you request a pause of your account (or any change to the pause of your account), we will action this change on the following terms:
  1. if the term of your package is 6 months, you may pause your account for a minimum of 14 days and a maximum of 31 days once during your term; or
  2. if the term of your package is 12 months, you may pause your account for a minimum of 14 days and a maximum total of 62 days over two pauses during your term (i.e you can choose one 62 day pause, or two pauses with a minimum of 14 days each and a total duration of no more than 62 days)
3. You cannot pause your package within two weeks of the end of your current term, being the notice period for the automatic renewal of your package (see clause 5(iii)).
4. The term of your package will be extended by the length of the pause period.
5. When your account is paused, you will not be sent Leads, you will not be able to accept Leads, credits will not expire and fees will not be charged for the period of the pause.
6. On the first day of the pause period, your recurring monthly billing day (ie. your nominated payment day) will be updated and will move forward by the number of days paused and the last day of your current term will be moved forward by the number of days paused.
7. If you downgrade your package during your current term only unused pause entitlements will be available for the remainder of the term.
Loyalty bonus
1. Loyalty bonus is only available on Basic, Starter, Advanced, Premium and Premium Plus packages if you meet the loyalty tenure requirements.
2. Loyalty tenure is calculated based on an uninterrupted period on any paid Product on the hipages platform, where the account is active as a paying account. If the account is suspended for any reason, the period of suspension will not count towards loyalty tenure.
3. Loyalty bonus lead credit percentage or fixed amount is calculated as a percentage of the standard monthly fee or as a fixed amount based on your monthly subscription fee. Loyalty bonus may be changed from time to time without notice. You acknowledge the loyalty bonus is payable at the company’s discretion and may be withdrawn at any time. Loyalty bonus is not an entitlement.
Vouchers
1. We may, in our sole discretion, create and distribute vouchers (Vouchers) for customers to use to obtain Jobs at discounted rates.
2. If you accept a Job for which a Voucher has been applied, you agree to the following terms as well as the additional terms for Vouchers set out on the Website at https://hipages.com.au/terms (Voucher Terms).
3. Where a Voucher is redeemed in respect of a Job in accordance with the Voucher Terms, we will pay you the applicable amount of the Voucher in accordance with those terms. Payment will only be made through the App. You must not seek payment of that same amount from the customer in any circumstances.
4. The displayed prices for Leads and any other applicable charges will continue to apply to the Lead and/or the Job for which a Voucher is redeemed, and will not be affected by the Voucher amount.
5. You acknowledge that we may deduct from, or set off against, any Voucher payment any amounts you owe us.
6. If a Job is cancelled or refunded, or required to be cancelled or refunded, for any reason, we shall have no obligation to pay you, and you must refund us, any Voucher payment for that Job. We may in our sole discretion waive this requirement for a particular payment or Job, but only in writing signed by us.
Liability
1. Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of services to you under the Agreement 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 to, at our option, the supply of the services again or the payment of the cost of having the services supplied again.
2. To the extent permitted by law, we have and are under no liability (howsoever arising, and whether at law, in equity, under statute or otherwise) to you for any consequential or indirect loss (including loss of profits, loss of revenue or loss of opportunity) in connection with our breach of this Agreement except to the extent caused by our gross negligence or wilful default, or that of one of our officers, employees, agents or representatives.
3. You acknowledge that we cannot reasonably be involved in or responsible for your provision of Jobs to customers. To the extent permitted by law, you agree to indemnify us, and our 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 you of a Job resulting from an Accepted Lead, or any breach of clause 18 or the Voucher Terms by you, except to the extent the loss, damage, claim, liability or demand arises out of our gross negligence or wilful default, or that of one of our officers, employees, agents or representatives.
4. In addition to clause 19(iv) you agree to defend, indemnify and hold harmless, hipages and its related bodies corporate, agents, licensors, managers and other affiliated companies and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt expenses (including but not limited to legal fees) arising from:
  1. your breach of a third party right, including without limitation any right of privacy, publicity or intellectual property rights;
  2. your use of and access to hipages, including any data or content transmitted or received by you;
  3. your breach of any term of this Agreement;
  4. your breach of any applicable law, rule or regulation;
  5. any claim or damages that arise as a result of any information that is submitted via your hipages account; or
  6. any other party’s access and use of the Product with your unique username, password or other appropriate security code.
5. Subject to any obligation that cannot be excluded, restricted or modified, in no event will hipages' aggregate liability to you arising out of or related to this Agreement exceed the amounts paid or payable by you for the Lead generation services giving rise to the liability during the 12 months preceding the first incident out of which the liability arose.
Service Availability
1. Whilst hipages intends that the Product should be available 24 hours a day, seven days a week, it is possible that on occasion the Product or platform may be unavailable to permit maintenance or other development activity to take place, or for reasons outside our control. If for any reason we have to interrupt the Product for longer than periods we would normally expect, we will use reasonable endeavours to publish in advance details of such activity, typically by email.
Restrictions
1. You must comply with all applicable laws, including privacy laws, when using the Product.
2. Except as may be expressly permitted by applicable law or authorised by us in writing, you will not and will not permit anyone else to:
  1. modify or reverse engineer any portion of the Product;
  2. rent, lease or otherwise permit any third party to use any portion of the Product;
  3. circumvent or disable any security or other technological features or measures of any portion of the Product;
  4. use the Product in any manner that threatens the integrity, performance or availability of the Product; nor
  5. Remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Product.
Ownership
1. Except for the rights to access the Product expressly granted to you in this Agreement, we retain all right, title and interest in and to the Product, including all related intellectual property rights. The Product is protected by applicable intellectual property laws.
General
1. The terms and conditions that apply under the Agreement, including these written terms and conditions and the Verbal Terms and Conditions constitute the entire agreement between the parties and supersedes all previous agreements or understandings between the parties in connection with its subject matter (save as to any terms and conditions applying to additional Products added by you after the date of the Agreement). This Agreement is additional to, and does not replace, any separate terms and conditions governing the use of the Website or App.
2. You warrant that you have relied entirely on your own investigations (including independent advice you received) and have not relied on any representation by us about the matters contained in the Agreement or the Products and services that we provide pursuant to the Agreement
3. Each party acknowledges and warrants to the other that:
  1. it has been given full and ample opportunity to obtain independent legal and financial advice in relation to the terms of the Agreement;
  2. it has not relied upon any representation or warranty, including any negligent misrepresentation made by, or on behalf of, the other party, in relation to the Agreement.
4. The Agreement is governed by the law of New South Wales, Australia and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
5. To the extent permitted by law, if any term or words of the Agreement are void, voidable, unenforceable or illegal, it shall be read down to the extent necessary to cure the voidability, unenforceability, illegality or other defect, or otherwise shall be severed without affecting the enforceability of the rest of the Agreement.
6. Except in the circumstances described in clause 23(vii), any and all amendments to the Agreement must be made in writing, except where we use a voice recording service to make the amendment, in which case the contents of the recorded conversation will form a binding verbal contract between us and you to vary the Agreement. The Agreement cannot be varied verbally unless the variation is recorded by us.
7. We may vary these written terms and conditions from time to time. Any variations to these written terms and conditions made during a Term of the Agreement shall apply to any subsequent Renewed Term of the Agreement and we will provide you with a copy of or link to the written terms and conditions, as varied, in any Auto-Renewal Notice.

These written terms and conditions apply to hipages customers who join or renew their Agreements on or after 1 April 2024. Written terms and conditions applicable to hipages customers who joined or renewed their Agreements prior to 1 April 2024 can be found here.

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hipages Pty Ltd Terms & Conditions