Agreeing and Accepting these Terms
These Terms and all the other documents that we refer to within these Terms constitute the legal basis upon which we agree to offer and you agree to use our site and our Services.
By using any of our Services or by using any of our site, you’re agreeing to these Terms. This includes browsing our site.
If you don’t agree to our Terms you can decide to leave the site and/or not use our services.
Services means our website and other services.
Site means hypmotive.com
Creator means the supplier of the goods and services featured on the Site.
Content means without limitation, information, data, photographs, videos, text and comments, scripts, software, graphics and interactive features provided, generated or otherwise made available on or through the Services. Content also includes all User Content.
To use our site or services, example to order a product or book a workshop from the site you will need an account with us, unless we provide a “Guest” log in option.
Accounts with Hypmotive:
1 You must be 18 years or older.
2 The information you provide about yourself must be accurate information.
3 Full responsibilities are taken by you for all activity on your account.
4. Business entity, you personally guarantee that the business entity you have created an account for has provided you with the authority to agree to the Terms on behalf of the business.
4 If you provide a username that is offensive or infringes anyone’s intellectual property rights will be a breach of these terms.
5 You can terminate your account with us at any time. If there are any outstanding bills you will still be required to pay them. If you would like to terminate your account please email firstname.lastname@example.org terminated. You will still have to pay any outstanding bills. If we do so, you don’t have any legal or contractual right to continue using our services.
6 We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advanced notice. We may refuse service to anyone, at any time, for any reason.
7 There is no partnership, joint venture relationship or employment between you and Hypmotive by agreeing to these terms or using our services.
Content provided by you
1 Any content that you provide to us, or give us access to by agreeing that we can use it is your content. Content that you provide, provide us access to and agree that we can utilise, to use across our Services is your content. This includes things like brand names, product names, product range names and all images, descriptions, videos, reviews etc.
2 You Provide Us Permission to Use Your Content. By providing your content to us, we have your permission to use it. This way, we can promote your information and we won’t infringe any rights to your content.
3 You Have Responsibility For Your Content. You are solely responsible for the content you provide and agree with Hypmotive that we can use. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by using it.
4 The Rights You Grant Hypmotive. By providing us Your Content, you grant Hypmotive the right and permission to use it across our platform in store and online to use and post it. Where content may require edit, display, reproduce, modify, store, distribute and prepare derivative works of Your Content, you give us the right and permission to do so in order to promote Hypmotive, your Hypmotive listing, or the Services in general including third-party website or advertising medium.
5 How To Report Unauthorised Content. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us immediately via email@example.com.
Your Use of Our Services
We grant you a non-exclusive licence, non-transferable, limited, license to use our Services—subject to the Terms and the following limitations:
1 The name “Hypmotive” and the other Hypmotive and “Hypmotive hub” phrases, marks, logos and designs that we use in connection with our Services, are trademarks of Hypmotive in Australia. Please contact us at firstname.lastname@example.org if you would like to use any of our designs.
1 You agree that you will not to “crawl,” “scrape,” or “spider” any page of the Services or to attempt to obtain the source code or anything else relating to those matters.
2 By using our Services, you’re agreeing to receive that information electronically (by email, etc.) and that your electronic agreement is the same as your signature on paper when will provide you with certain legal information in writing.
Order Acceptance Policy
We reserve the right at any time after receipt of your order to accept or decline your order for any reason.
We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof).
You agree that, if we cancel a portion or all of your order or if we provide you less than the quantity you ordered, we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided if your credit card has already been charged for the order.
Availability of items and workshops may change without notice.
The colours of items may depend on your monitor/screen on your device therefore may not be displaying correctly.
Prices that are currently listed on the Services are subject to change. If a product is listed with incorrect information or an incorrect price due to typographical error, or error from the information we received from the Creators, we have the right to cancel those orders prior to the acceptance of your order. If your order is cancelled and your credit card has already been charged for the purchase, we will issue you a refund to your credit card.
You agree to pay the price applicable for the item or workshop (including any sales taxes, surcharges, delivery fees for the delivery service you select) as of the time you submitted the order for each product or workshop you order through the Services. For any late payments, we reserve the right to charge a late fee of 2% (two) per month. If we require to collect any unpaid amounts, you will pay for all collection costs, lawyer fees, and court costs incurred by us in the collection process.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
Payment Processor & Third-Party Services
We partners with PayPal to facilitate card payments and other payments by buyers and to disburse funds to Creators.
By using a third-party service, you may also be subject to an agreement with the third-party. For example, PayPal is a third-party service provided by PayPal Holdings, Inc. and is subject to the Paypal User Agreement http://paypal.com/au/webapps/mpp/ua/useragreement-full .
Hypmotive’s Rights and Responsibilities
Records and data associated with transaction via the Checkout is maintained by Hypmotive. Creators will only receive shipping information and limited buyer account information necessary to complete the order.
Hypmotive will send you via electronic communications, any relevant notices regarding your use of checkout as outlined below.
Information Hypmotive Will Send You
There will be times when Hypmotive will need to send you important messages about your use of Hypmotive’s services or website that will be sent electronically.
You agree to give consent for Hypmotive to provide you with the electronic communications. You also agree that your agreement with electronic terms and disclosures has the same legal effect as if you had signed an agreement on paper.
Hypmotive may provide you with Electronic Communications (a) by emailing them to you at the email address listed in your Hypmotive account, (b) by posting them on the Hypmotive website, or (c) by making them available via a website designated in an email notice to you.
You will be responsible to make sure your contact details that you have provided to us are always accurate to receive electronic communications. We are not responsible for your failure to receive electronic communications if you have not kept your contact information up to date.
Creator Rights and Responsibilities
Creators must provide accurate personal information as requestedand are responsible for providing Hypmotive with updated information. Hypmotive will transfer sales as per the agreement to the Creators nominated payment account.
Creators agree to resolve any disputes directly with a buyer when required and in accordance to our terms. If a dispute is escalated to Hypmotive’s support team, we reserve the right to issue a refund to the buyer if there is a transaction in violation of our terms.
We will inform Creators of each transaction, or of other information relating to Checkout, using our standard communication procedures which may include by email.
Pending payments, Holds and Delays
Some times, payments to Creators’ bank accounts could be temporarily delayed by an issue at Hypmotive’s third-party service providers, or at a Creators bank. If this happens, we will make contact with you.
Please note that Hypmotive is not obligated to reimburse or refund any fees or any expenses due to holds or delayed deposits.
We reserve the right, in our sole discretion, to seek reimbursement from a Creator in any of the following circumstances: (a) if the goods were not promptly delivered to the buyer, (b) if we uncover duplicate or incorrect transactions related to a Creator, (c) a Creator does not act in accordance with Hypmotive’s terms or policies.
We may obtain reimbursement of any amounts owed by a Creator to Hypmotive by deducting from future payments owed to the Creator, or seeking reimbursement from the Creator by any other lawful means, including by using third-party collections services. You agree and authorise for us to use any or all of the foregoing methods to seek reimbursement.
Payment Processing Fees
Hypmotive charges a payment processing fee for processing each transaction through Checkout which is included in the retail sell price.
Processing Fees may vary based on the location of a Creators bank account.
GST is included in the sale prices for applicable products. All other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the Products.
Shipping and Delivery
All featured Creators on Hypmotive are responsible to arrange delivery for their featured products that are purchased via our Services. Any Hypmotive branded product, in conjunction with our service providers, will attempt to deliver a product within the requested range of days provided at the time the order was placed.
Once each item has been fulfilled by the Creator, you will receive an email confirming your items are on their way. This email will include a tracking number allowing you to check the status of your order by logging in to your account and checking your order history page.
Our Creators are located all around Australia and will ship your items directly to you from their location so please know the arrival dates may vary depending upon where the Creator is located and where you are having the items delivered.
Risk in Transit
The risk in the products during transit will be the Creators until arrival at their destination.
Returning an Item
Return policies are specified on the product detail page and not all Creators accept returns.
If you receive an item in less than perfect condition, please notify us by contacting us via email@example.com. We will do all we can to resolve the situation. A replacement may not always be possible, due to the one-of-a-kind, limited quantities produced of many of our products.
If you are required to return an item for replacement or investigation, To return an item, please contact our Customer Service Team with your order number, item, and reason for return (your order details can be found in your order history page. Australian based customers will receive a prepaid Australia Post return shipping label via email. Please print this and attach it your package.
For returns outside the return policy, Hypmotive reserves the right to not accept the return or issue store credit in place of a full refund.
All returned items must arrive unused and in the original packaging.
Please note, items that are made-to-order or one-of-a-kind are not eligible for return.
Only Hypmotive may cancel transactions. Buyers may request that Hypmotive cancel an order via Customer Service, however we retain the ultimate discretion as to whether we will agree to cancel an order.
Customer Queries and Complaints Management
Hypmotive is the conduit between the Creator and the Buyer, unless it is a Hypmotive branded product you are purchasing.
In the unlikely event your purchase from a Creator does not go as expected, you can contact Hypmotive’s Customer Service Team to come to a resolution in the event of a non-delivery, or if an item you receive is not as described in the listing. All you need to do is email firstname.lastname@example.org.
The following are not eligible for Hypmotive’s complaint resolution:
1 Items that have been purchased in person.
2 Intangible items, services such as workshops.
3 If you are returning items without a return agreement.
4 Items that have been used, worn or washed after receiving them.
5 Tangible items that are not available for return because the buyer has lost or misplaced them, they have been destroyed or discarded.
6 Cancelled transactions that have already resulted in a refund.
Errors or Inaccurate Information
At times, there may be information on our site and across our services that may contain errors such as typographical errors, inaccuracies that may relate to product descriptions, pricing, promotions, offers, and availability.
We reserve the right to correct errors (including after you have submitted your order) at any time without prior notice.
We reserve the right, in our discretion, to not honour credits for any reason whatsoever where you have not obtained credits in good faith or in compliance with these Terms.
Content Accessibility and Availability
We reserve the right to use our own discretion and we reserve the right to (but have no obligation to), edit, modify or remove any Content, at any time, or for no reason at all.
We do not guarantee that any Content will be made available on the Site or through the Services
Discontinuation of Services
Hypmotive reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your ability to generate revenue through the Services.
Activities Held at Hypmotive hub commercial premises (such as art exhibitions, workshops and talks)
We are located at 155 Marrickville Road, Marrickville, 2204
For bookings of 4 or more people, please contact email@example.com to enquire about a group discount.
Space in a workshop is reserved only once full payment as been received.
By participating in a workshop, you agree that Hypmotive and the attending facilitators/teachers hold no responsibility or personal liability for loss or theft incurred to personal property, any damage, or any physical injury obtained during your time on premise and during the workshop.
We may sometimes have a photographer to take photos or film activities that are held at Hypmotive hub. By attending an activity at Hypmotive hub, you confirm the consent of you and all your Guests to being photographed, filmed or recorded. The photographs, films or recordings may be made available to the public via Hypmotive social media and website.
You can book your space in any workshop via www.hypmotive.com using paypal or your credit or debit card via paypal.
You can also book in store at 155 Marrickville Road, Marrickville during our shop trading hours which are Monday-Friday 10am-5pm (we are closed Tuesday’s) and Saturday and Sunday 10am-3pm.
If you need to cancel your participation in a workshop we are unable to provide a refund however you are able to transfer the booking to someone else.
If you are unable or forget to attend, or to transfer the booking to another person, the booking at that stage is non refundable and non-transferrable.
There are many public transport options including trains to Sydenham Station or Marrickville Station, both less than 1 kilometre away (approx. 10-15 minute walk). Some of the buses are 423, 426, M30 that will drop you of close enough to walk a short distance.
We have wheelchair access into the Hypmotive hub on ground floor, however unfortunately we do not have a lift on premise and there is a flight of stairs to access the workshop space. We do sometimes have workshops on ground floor. Please contact us to enquire further.
Rental Bookings of our space require a 50% to secure the date and this deposit is non-refundable, for any reason, in the event of a cancellation on your behalf.
For businesses and facilitators of any activity, there may be separate Third Party Activity Terms that will provided, that are in addition to these Terms. These will vary pending on the use of space required.
Hypmotive Hub Gift Vouchers
Gift vouchers currently available are for in store purchases only. If you have been gifted a workshop experience at Hypmotive Hub the workshop terms apply. For workshop gift vouchers you may have received as a gift, you are responsible to review all terms and workshop description to ensure you are able to participate. If you are unable to attend the dates as per the gift voucher, you are able to pass on your ticket to someone else to take your place. Please contact us via email firstname.lastname@example.org to organise the transfer at least 7 days from workshop. No gift voucher is exchangeable for money or any other service or product than what has been gifted. Gift Vouchers for a dollar amount is not exchangeable for money or any other service or product. Some in store items and artwork may be excluded. Please check in store or email email@example.com.
Warranties and Limitation of Liability
1 Items You Purchase from a Creator. You understand that Hypmotive does not manufacture any of the Creator items sold through our Services. Hypmotive can’t and does not make any warranties about their quality, safety or even their legality as we provide the selling space; the items on our website are produced, sold and delivered directly by Creators.
Any legal claim related to an item you purchase must be brought directly against the seller, known as the Creator, of the item. You release Hypmotive from any claims related to items sold through our Services, including for defective items, misrepresentations by Creators or items that caused physical injury (like product liability claims)
2 Creators’ Terms & Conditions. You understand and accept that the Creators featured on the Site may have their own legal terms and conditions for sale which are in addition to these Terms.
3 Content You Access. We make no representations concerning any content posted through the Service that you may find inappropriate or offensive. You release us from all liability relating to that content.
4 People You Choose To Interact With. You can use the Services to interact with other individuals, either in person or online. You release us from all liability relating to your interactions with other users, including when you interact with users in person. Please use your own discretion and take the necessary safety precautions.
6 Warranties. You understand that our Services are provided “as is” and without any kind of( implied or expressed) warranty. We do not guarantee that: the Services will be secure or available at any particular time or location; any defects or errors will be corrected; the Services will be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk.
7 Liability Limits. To the fullest extent permitted by law, neither Hypmotive, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms.
If Hypmotive gets sued because of something that you did, you agree to indemnify and defend us. That means you’ll defend Hypmotive (including any of our employees) and hold us harmless from any legal demand or claim (including reasonable legal fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the defend the matter however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users
If you find yourself in a dispute with another user of Hypmotive’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Hypmotive has no obligation to resolve any disputes and you release Hypmotive from any demands, claims and damages arising out of disputes with other users or parties.
The Terms are governed by the laws of New South Wales, Australia. These laws will apply no matter where in the world you live.
Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll let you know by doing one of the following: (1) sending you an email or message about the changes (2) posting the changes through the Services. That way you can decide whether you want to continue using the Services. Upon posting the changes, they will be effective immediately. You are responsible for becoming familiar with any changes so ensure you review them. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Entire Agreement, Waiver & Assignment
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Hypmotive regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
The Terms will remain in effect even after your access to the service is terminated, or your use of the service ends.
ABN Hypmotive 86 151 094 290