Welcome to Hypmotive!
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 – even if you are just browsing on our website.
If you don’t agree to our Terms you can leave the site and/or decide not to 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, written posts, audio clips, 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.
Your Account with us
You will need an account with us to use some of the features of the Site or the Services e.g. to order products and Services from the Site, unless we provide the option to log in as a “Guest”. Here are a few rules about accounts with Hypmotive:
1 You will be required to provide accurate and full information about yourself.
2 You must be 18 years or older.
3 You take full responsibility for all activity on your account. If you choose to share an account with another person, or other people, (for example by telling them your password) then the person whose billing information is on the account will ultimately be responsible for any activity. If you register as a business entity, you personally guarantee that you have the authority from the business entity to agree to the Terms on behalf of the business.
4 A username that infringes anyone’s intellectual property rights or is offensive is in breach of these Terms.
5 These Terms don’t create any franchisee, partnership, employment or joint venture relationship between you and Hypmotive.
6 You may choose to terminate your account with Hypmotive at any time. To do so, you will need to email firstname.lastname@example.org for your account to be terminated. You will still have to pay any outstanding bills.
7 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.
If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services.
Content provided by you
Content that you provide, provide us access to and agree that we can utilise, to use our Services is your content. We don’t make any claim to it. That includes anything you provide using our Services (like usernames, brand names, product names, product range names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
1 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.
2 Permission to Use Your Content. By providing your content through our Services, you grant Hypmotive a license to use it. We don’t claim any ownership to your content, but we have your permission to use it to help Hypmotive function and grow. That way, we can help promote your stuff and we won’t infringe any rights you have in your content.
3 Rights You Grant Hypmotive. By posting Your Content, you grant Hypmotive a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, irrevocable to use, edit, display, reproduce, modify, store, distribute and prepare derivative works of Your Content to provide the Services and to promote Hypmotive, your Hypmotive listing, or the Services in general, in any formats and through any channels, including across any Hypmotive Services or third-party website or advertising medium. This is necessary for us to keep Hypmotive going. Consider these examples: if you provide, or agree to use of, a photo of a listing for Hypmotive, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using different platforms; and if you provide a stylised photo of your latest hand carved collection, we can feature it on our homepage, in one of our social media platforms or even via advertising media to help promote your business and Hypmotive’s.
4 Reporting Unauthorised Content. We at Hypmotive respect intellectual property rights and we are committed to follow appropriate legal procedures to remove infringing content from the Services. 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. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice and if this happens, we will notify you.
5 Misleading, False or Inappropriate Content. There are certain types of content we don’t want posted on Hypmotive’s Services (for legal reasons or otherwise), most of it should be common sense. You agree that you will not provide any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive and you accept our judgment in removing any of your content if we deem it to be inappropriate for our site. You also agree not to provide any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
Your Use of Our Services
License to Use Our Services. We grant you a limited, non-transferable, revocable and non-exclusive license to use our Services—subject to the Terms and the following restrictions in particular:
1 You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to attempt to obtain the source code or reverse engineer the Services.
2 You agree not to try to disrupt or interfere with our Services, for example by distributing a harmful computer code or virus.
3 The name “Hypmotive” and the other Hypmotive marks, logos, phrases, and designs that we use in connection with our Services, are trademarks of Hypmotive in Australia. If you’d like to use our trademarks, please contact us to discuss the opportunity.
4 You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your product or artistic service requires; you may not sell anything that violates any laws; and don’t commit theft, fraud or any other crimes against Hypmotive, another Hypmotive user or a third party.
5 You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. You are responsible for paying all fees that you owe to Hypmotive.
6 Hypmotive will provide you with certain legal information in writing. 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.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not proclaim our acceptance of your order, nor does it constitute confirmation of our offer to sell. 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 all a portion or all of your order or if we provide you less than the quantity you ordered, your exclusive and only remedy will be one of the following: (a) we will not charge your credit card for the cancelled portion of the order or the quantity not provided or (b) 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, Products, Prices
Please note that the availability of product and other items may change without notice, at any time. The colours of products and items may depend on your monitor/screen on your device and may not be correctly displayed.
All prices listed on the Services are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to error in pricing or product information or typographical error, prior to the acceptance of your order we shall have the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the charge.
For each product you order through the Services, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless you and Hypmotive have agreed to an alternate billing arrangement in writing signed by Hypmotive, Hypmotive will automatically bill your credit card submitted, via the Payment Processor, as part of the order process for such price. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance. You will pay for all collection costs, lawyer fees, and court costs incurred in the collection of all overdue amounts.
We use a third-party payment processor (the “Payment Processor”) to process your payments. 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
Hypmotive partners with PayPal to facilitate card payments and other payments by buyers and to disburse funds to Creators. PayPal entities are regulated and authorised to provide payment services in the countries where they operate. Hypmotive may share your personal or transactional information with those third-party service providers when it’s necessary to process payments.
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 . If Hypmotive receives notice that a listing or transaction violates a third party’s service agreement, we may have to take action against your account, such as cancelling a transaction, removing listings from Hypmotive, or suspending your selling privileges.
Hypmotive’s Rights and Responsibilities
Hypmotive maintains records associated with transactions on Direct Checkout and does not pass any secure data, including credit card numbers or bank account information to any Creators. Creators will only receive shipping information and limited buyer account information necessary to complete the order.
Hypmotive will send you 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 (known collectively as our “Services”). These will be referred to as Electronic Communications and will cover all of those messages, including the policies, terms and user agreements applicable to your use of the Services, transaction information, billing statements, privacy disclosures, tax statements and other legal documents that will be provided to you electronically.
Communications Will Be Sent Electronically
In agreement with these Terms, you give your consent for Hypmotive to provide you with the Electronic Communications (including all legal terms and legally-required disclosures) electronically. 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. For example, if you click a button on Hypmotive’s website electronically, and language appearing next to the button informs you that you will agree to certain terms by clicking the button, then your click of the button will have the same legal effect as signing an agreement on paper.
Delivery of Information
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.
Technical Requirements to Receive Electronic Communications
In order to receive Electronic Communications, you must have the following:
- A computer or mobile device;
- A connection to the Internet;
- An internet browser that supports 128-bit encryption, with cookies enabled;
- An active email address; and
- Sufficient electronic storage space on your computer’s hard drive or other data storage unit and/or an installed printer to print disclosures.
Updating Your Contact Information
To ensure that you receive Electronic Communications, you should make sure that the contact information in your Hypmotive account is accurate. Hypmotive is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.
Creator Rights and Responsibilities
Creators must provide accurate personal information as requested during registration of their account, and are responsible for maintaining and updating that information as necessary. Creators will not impersonate any person or use a name he or she is not legally authorised to use. Hypmotive will transfer sales as per agreement to the Creators nominated Payment Account.
In the event that a buyer submits a chargeback, Hypmotive will respond to Paypal on behalf of the Creator involved in the transaction; the Creator agrees to provide any requested information to us within five calendar days of the request. Creator reserves the right to recoup funds associated with buyer chargebacks.
We will inform Creators of each transaction, or of other information pertaining to Checkout, using our standard communication procedures (detailed in our detailed in the Electronic Communications clause above), which may include by email.
Holds and Delays
In some cases, deposits to Creators’ bank accounts could be temporarily delayed by an issue at Hypmotive, at Hypmotive’s third-party service providers, or at a Creators bank. We’ll do our best to communicate with the affected Creators as soon as we can.
If we believe that a Creators actions may result in buyer disputes, chargebacks, or other claims, then we may, in our sole discretion, put (1) a hold, (2) a deposit delay, or (3) a reserve on the Creators Payment Account balance.
A hold may be put on funds associated with a particular transaction if there is a dispute or investigation related to the order, for the shorter of: (a) 100 days after the estimated delivery date; or (b) completion of any investigation regarding the Creators actions.
Deposit delays are defined as the number of days between a sale and the day the net amount from the sale becomes available for deposit, provided the payment has been completed. A deposit delay may be between 0 and 100 days.
We always work hard to avoid and minimise any delays. However, please note that Hypmotive is not obligated to refund any fees or reimburse any expenses due to holds or delayed deposits.
We may obtain reimbursement of any amounts owed by a Creator to Hypmotive by deducting from future payments owed to the Creator, reversing any credits to the Creators Payment Account balance, charging the Creators credit card on file, charging the Creators bill, or seeking reimbursement from the Creator by any other lawful means, including by using third-party collections services. You authorise us to use any or all of the foregoing methods to seek reimbursement.
Payment Processing Fees
Hypmotive charges a fee (the “Payment Processing Fee”) for processing each transaction through Checkout.
The fee amount will be assessed on the gross order amount, including shipping and tax (if applicable).
Payment Processing Fees will be reflected in your Payment Account. Unlike other fees charged by Hypmotive, the Payment Processing Fee will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Payment Processing Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Payment Processing Fee and other applicable fees will be recalculated based on the adjusted sale price. The difference between the original Payment Processing Fee and the adjusted Payment Processing Fee will be applied to the refund amount being credited back to the seller. Other applicable fees will be refunded on the Creators bill.
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.
You acknowledge that delivery date estimates are non-binding estimates only and that you have no claim against us for any delays or early deliveries. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. We reserve the right to make deliveries in instalments, which shall not relieve you from your obligation to accept and pay for remaining deliveries. All products are deemed accepted upon our delivery of the product to you or your designated recipient’s address. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
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. For most items we accept complimentary returns within 14 days of receipt if the item is unused and in original condition.
If you receive an item in less than perfect condition, please notify us by contacting our Customer Service Team. We will do all we can to remedy the situation. Given the limited quantities of many of our products, a replacement may not always be possible.
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. Please inform us on:
A Non-Delivery occurs when a buyer places an order and submits payment, but the Creator does not ship the item or does not ship the item to the correct address. The following are examples of Non-Delivery cases:
1 An item was never sent.
2 There is no proof that the item was shipped to the buyer’s address.
3 An item was sent to an address that is not on the Hypmotive receipt or was not verified through Australia post address verification.
An item is Not as Described if it is materially different from the Creators listing photos or description. Here are a few examples of Not as Described cases:
1 The item was advertised as authentic but is not authentic.
2 The Creator failed to disclose the fact that an item is damaged or is missing parts.
3 A buyer purchased three items but only received two.
The following are not eligible for Hypmotive’s complaint resolution system:
1 Items that have been purchased in person.
2 Intangible items, services.
3 Transactions where payment is not made through Hypmotive’s Direct Checkout platform
4 Items that are returned without a return agreement
5 Items that have been altered, used, worn or washed after receiving them
6 Physical or tangible items that are not available for return because they have been destroyed or discarded by the buyer
7 Items that are received after the agreed-upon delivery date due to shipping delays
8 Cancelled transactions that have already resulted in a refund
Artistic Service Providers & Experiences
Hypmotive acts as a Directory for third party Artistic Service Providers and Experiences. This may also be referred to as the “Hypmotive Directory”. As a customer, you are unable to make a booking for a provider via Hypmotive.
Providers of Services and Experiences
Hypmotive makes no warranty or representation regarding the standard of any service to be provided.
Gift Vouchers may be sold by Hypmotive for businesses that provide lifestyle and recreational services to customers (‘Experience Providers’ and “Artistic Service Providers”). Unless the Service or Experience is clearly stated that it is Hypmotive owned, Hypmotive is not a provider of such services or experiences and has no responsibility for any services or experiences provided or not provided by the experience provider or any other party. The experience providers provide services directly to customers.
All Hypmotive vouchers are issued subject to the terms and conditions of each experience provider and these Hypmotive terms and conditions. Hypmotive does not control the business operations of any experience provider.
Hypmotive make no guarantees or warranties about the services that are provided to you by the experience providers.
1 No liability for any omission, default or act, whether negligent or otherwise of any Artistic Service Provider or Experience Provider or third party.
2 No liability for any damage or loss occasioned by any omission or negligent act of any Artistic Service Provider or Experience Provider or third party.
Availability of Services and Experiences
All services and experiences are offered by third party service and experience providers subject to availability. All bookings must be made direct with the Artistic Service Provider or Experience Provider. Each Artistic Service Provider or Experience Provider may have varying booking lead time recommendations which are outlined on their Creator feature on our website.
Queries and Complaints
If you have a problem or a complaint on the day of your service or experience, please bring this to the Artistic Service Providers or Experience Providers attention immediately so that issues may be addressed on the spot, where possible. For all enquiries before booking, it will be a requirement to contact the Artistic Service Provider or Experience Provider direct.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). If your credit card has already been charged, a credit will be issued to your credit card.
If you use bots, scripts or any fraudulent means to obtain credits, including but not limited to setting up fake accounts or creating more than one account per household, those credits will not be honoured. If credits are granted as a result of you purchasing a product and then you return that item, your refund will be the difference minus the credit you obtained from purchasing that product. If credits are granted as a result of you purchasing a product and you cancel that order, your credit will be revoked. Moreover, if you attempt to obtain credits by placing orders and then cancelling or returning those or parts of those orders, your credits will not be honoured. We reserve the right, in our discretion, to not honour credits for any reason whatsoever, including without limitation situations where you have not obtained credits in good faith or in compliance with these Terms.
Availability of Content
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) edit, modify or remove any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of allegations or claims from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (b) to remove or block any Content from the Services.
We May Discontinue the 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 income or 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.
Your space in workshop is reserved only once full payment as been received.
Our workshop tickets are non refundable. However, if you are unable to attend you are able to pass on your ticket to someone else to take your place.
In the instance that you forget to come or are unable to attend the workshop, the ticket is non transferable and non refundable after the event.
If we have to cancel a workshop due to minimum workshop numbers not being met, or a cancellation from a facilitator for some reason, we may do so at any time prior to the class scheduled date and time. You will of course receive a full refund OR you can choose to attend another class of the same value.
During School Holiday workshops, you may leave your children for the booked hours only. We must be notified if you or your child has any medical issues or allergies as sometimes the we or the facilitators may serve snacks and drinks.
By booking a place at our workshops for yourself or your child, you agree that you will adhere with all safety precautions and recommendations during your time at Hypmotive and neither Hypmotive nor our attending facilitators are responsible for any injury that may occur to you, your child or children at our premises or during our workshops.
By accepting a place in a workshop, you agree that Hypmotive is not responsible for any injury or theft that may occur at our premises or in our workshops.
Rental Bookings of our space require a 50% deposit at the time of booking to secure the date and this deposit is non refundable, for any reason, in the event of a cancellation on your behalf.
We may sometimes have a photographer to take photos or film activities that are held at Hypmotive. By attending an activity at Hypmotive, 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.
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. Each workshop may have additional terms. 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 featured Creator. You understand that Hypmotive does not manufacture any of the Creator items sold through our Services. We provide the selling space; the items on our website are produced, sold and delivered directly by Creators, so Hypmotive can’t and does not make any warranties about their quality, safety or even their legality. 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. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted through the Services. Hypmotive is not responsible for the accuracy, copyright compliance, legality or decency of content posted that you accessed through the Services. You release us from all liability relating to that content.
4 People You Interact With. You can use the Services to interact with other individuals, either in person or online. Although we do screen users of our Services, you understand and release us from all liability relating to your interactions with other users. Please exercise caution, good judgement and be careful in all interactions with others, especially if you are meeting someone in person.
6 Warranties. Hypmotive is committed to making our Services the best they can be, but sometimes things can go wrong and we acknowledge that we are not perfect. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). To the fullest extent permitted by law, we are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade. We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
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. In no event shall Hypmotives’ aggregate liability for any damages exceed the greater of one hundred ($100) AUD Dollars or the amount you paid Hypmotive in the past twelve months.
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 will attempt to help you resolve disputes based solely on our interpretation of our policies and in good faith, in our sole discretion; we will not make judgments regarding legal issues or claims. Hypmotive has no obligation to resolve any disputes. 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, Severability, 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