Terms of Use

1.             General

1.1.         Before creating an account or using Hiiya, a person must read and agree to these terms.

1.2.        By creating an account or using Hiiya’s application, a user agrees to these terms.

1.3.         Hiiya may make changes to: (a) its application or (b) these terms.

1.4.        The most recent version of these terms applies to users.  

1.5.         Users should regularly check the Services function for the latest version of these terms.

1.6.        If there are material changes to a user’s rights or obligations, Hiiya will notify the user, which could include notification through the Services function of the application or via email.

1.7.         If a user continues to use Hiiya’s application after changes are notified, the user agrees to the changes.

 

2.             Definitions

2.1.        In these terms, unless the context or the law requires otherwise, the following meanings apply:

“Account” means user account with Hiiya.

“ACICA” means Australian Centre for International Commercial Arbitration.

“Application” means Hiiya’s computer program, designed to facilitate networking between users.

“Content” means any information posted, exchanged, uploaded or downloaded using the application.

“Hiiya” means Hiiya Networking Pty Ltd.

“Intellectual property” includes its copyright, trademarks, designs and patents.  

“Services function” is part of the application that allows users to review Hiiya’s services and terms etc.

“Terms” means these Terms of Use.

“Use” means use of the Hiiya’s application through a computer such as a mobile device.

“User” means person using Hiiya’s application or person who creates an account.

 

3.              Eligibility

3.1.         By creating an account or using Hiiya’s application, a user warrants that the user (a) is at least 18 and (b) can form a binding contract with Hiiya and (c) is not a person barred from using the application by Hiiya or any applicable law and (d) will comply with these terms and any applicable law.

 

4.             Account

4.1.        Hiiya may modify, suspend or terminate a user’s account or access to Hiiya’s application or remove or modify any content at its discretion, if in the opinion of Hiiya: (a) the user has breached these terms or (b) it’s in the best interests of Hiiya or other users or the Hiiya community or (c) the user has been inactive or (d) the user has failed to maintain their security or confidentiality or (e) for any other reason that warrants it in Hiiya’s opinion.

4.2.        A user who has the ability to moderate or manage a portion of Hiiya’s application, may have the ability to modify, suspend or terminate another user’s access to that portion, at Hiiya’s discretion.

4.3.        A user is responsible for: (a) ensuring its email address and other account information is current and accurate and (b) maintaining the security of its password and confidentiality and (c) anything that occurs due to a user’s failure to fulfil any of its responsibilities or obligations under these terms.

4.4.        A user must immediately notify Hiiya of any failure to fulfil any of its responsibilities or obligations under these terms, or any suspected breach of security or confidentiality by another person.

 

5.              Content

5.1.         Hiiya is not responsible for any content that a user provides or posts using Hiiya’s application.

5.2.        By using Hiiya, a user gives a license to Hiiya to use any content for business purposes; or to operate, improve, promote or protect Hiiya and its application.

5.3.         By providing or posting content using Hiiya’s application, a user warrants that (a) the user owns the content or has rights to use the content and (b) the content does not violate the rights of any third party including intellectual property rights, contractual rights, privacy or other legal rights.

5.4.        A user indemnifies Hiiya for any loss related to any of its warranties being incorrect or inaccurate.

5.5.        If Hiiya becomes aware of inappropriate content on its application, Hiiya reserves the right to investigate and take appropriate action however Hiiya does not have any obligation to monitor content and Hiiya does not take responsibility for the content of its users, which is the user’s responsibility.

5.6.        A user grants Hiiya a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license (free from moral rights) to use, host, store, reproduce, modify, publish, display, distribute or create any derivative works of the user’s content and to commercialise and make-use of the content, including the intellectual property or any rights relating to the content.

5.7.         A user agrees to immediately remove any content from the application if Hiiya requests its removal.

 

6.             Responsibilities

6.1.        Hiiya is not liable for any loss relating to use or misuse of its application, to the extent permitted by law.

6.2.        If Hiiya’s liability cannot be excluded, its liability is limited to the cost of the services provided by Hiiya or providing those services again, to the extent permitted by law.

6.3.        A user must not post the personal information of others to the application, such as home addresses etc.

6.4.        A user may use the block or report function, if a user feels there are inappropriate activities on Hiiya.

6.5.        Hiiya is not a party to any agreements or arrangements made using its application.

6.6.        Hiiya gives no warranties concerning the following, and is not responsible for: (a) anything that transpires at any meeting or event facilitated or made possible by the application or (b) monitoring or controlling user’s content or (c) conducting background checks on users or (d) verifying the truth or accuracy of statements made by users or (f) the conduct of users or (g) user interactions.

6.7.        A user is responsible for his or her own safety and security at all times, including when using the application, or attending a meeting or event made possible or facilitated by the application.

6.8.        A user must notify Hiiya of any concerns regarding the safety of any users.

 

7.              Interference

7.1.         A user agrees not engage in any activity or post any content that interferes with or disrupts, or is designed to interfere with or disrupt the application or any hardware used with the application.

7.2.         Hiiya reserves the right to modify or discontinue portions or all of its application with or without notice, and without liability to a user or any third party.

 

8.             Indemnification

8.1.        A user agrees to reimburse Hiiya if Hiiya is sued in connection with their use of the application.

8.2.        A user agrees to indemnify, defend and hold Hiiya harmless from any claims made by any third-party due to or arising out of a user’s (a) violations of these terms or (b) use, misuse or abuse of the application or (c) the user’s content or (d) violation of any law or the rights or policies of a third party or (e) conduct at a Hiiya event, meeting or engagement that breaches these terms.

8.3.        A user agrees to promptly notify Hiiya of any third-party claims, co-operate with Hiiya in defending such claims and pay all fees, costs and expenses related to defending such claims including legal fees.

8.4.        A user agrees not to settle any claim without Hiiya’s prior written consent.

 

9.             Dispute Resolution

9.1.        A user and Hiiya must first seek to resolve any dispute between the user and Hiiya directly and informally, by sending a written notice of dispute to the other party or parties to the dispute.

9.2.        If any dispute cannot be resolved directly and informally with 28 days of written notice of the dispute, the dispute, controversy or claim, relating to or connected with these terms, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules.

9.3.        The seat of arbitration shall be Sydney, Australia and the language of the arbitration shall be English.

9.4.        The number of arbitrators shall be one.

9.5.        The user will bear the costs of any arbitration to the extent permitted by law.

9.6.        The user or Hiiya agree not commence court action before the arbitration is complete, with the exception being that the parties can seek an urgent injunction or other urgent temporary relief in court.

9.7.        A user agrees to resolve disputes with Hiiya on an individual basis and waives the right to bring action as class member in a class or representative action, to extent permitted by law.

9.8.        Hiiya has no obligation to get involved in disputes between users but may try to facilitate resolution.

 

10.          Intellectual Property

10.1.     A user must not use Hiiya’s intellectual property without our prior written consent.

10.2.     Hiiya may, in its discretion, remove or disable access to content if it infringes or may infringe intellectual property, or terminate access to its application to users who infringe intellectual property rights or risk infringing intellectual property of any person or organisation, in Hiiya’s opinion.

10.3.     A user must notify Hiiya if it suspects that intellectual property has been infringed on the application.

 

11.          Breaches

11.1.     A user must immediately contact Hiiya if it believes that there has been a breach of these terms.

 

12.          Severability

12.1.     If any term or part of a term is deemed unlawful, void or unenforceable, then that term or part of that term shall be removed so that the remainder of these terms will remain valid and enforceable.

 

13.          Privacy

13.1.     By using Hiiya’s application the user consents to Hiiya collecting information about a user.

13.2.     Clients must refer to the Privacy Policy for details on how Hiiya collects and uses information.

 

14.          Jurisdiction

14.1.     These terms are governed by the laws applying to New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of that State.

 

15.          All Terms

15.1.     These are all of the terms applying to the use of the application by the user and these terms override any other previous terms, agreements or understanding between the user and Hiiya regarding the use of the application.