“Hummguide” or “HG” means Hummingguide Pty Ltd T/A Hummguide ABN 20 616 392 057.
“Mobile Application” means Hummguide’s mobile application that is available for download from the Website, Google Play and the App Store.
“Services” means the provision to Merchants of an integrated platform via the Website to view, share, download and advertise promotional deals.
“Website” means the website www.hummguide.com operated by Hummguide.
“You”, “Your”, “Customer” or “Merchant” means you as a user or business owner.
1.1 These Terms and Conditions apply to your use of the Website and the Mobile Application as described in section 2 (Service) below. By using the Website and/or Mobile Application you agree to be bound by these Terms and Conditions. We may revise these Terms and Conditions from time to time by updating them on the Website. The revised Terms and Conditions will take effect when they are posted. If the Terms and Conditions as so revised are unacceptable to you, you must stop using the Website and Mobile Application.
2.1 Hummguide, via the Mobile Application, provides you with an integrated platform to view, share, download and advertise promotional deals (also known as “Digital Coupons”). Digital Coupons may be approved by Hummguide and made live on the Website and the Mobile Application for you to view and use. You can only view and share the Digital Coupons from our Website and you cannot print them to claim discounts.
2.2 You can only use the Digital Coupons by installing the Mobile Application for your device (i.e. iPhone, iPad and Android Phone). Hummguide does not support printing of Digital Coupons via our Website.
2.3 The Mobile Application is free of charge and is only available for your handset via the Website, Google Play or the App Store.
2.4 Hummguide, via the Mobile Application, provides you with an integrated platform to view, save, post and share content such as photos, text and links with other users.
2.5 Hummguide provides you with the opportunity to view Digital Coupons on your handset before downloading the Digital Coupon. The Website is purely a promotional platform for Hummguide.
- Your use of the Website and Mobile Application
3.1 You use the Website and Mobile Application at your own risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content.
3.2 We endeavour to provide a convenient and functional Website and Mobile Application, but we do not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Website and Services or the server that operates them are free of viruses or other harmful components. Hummguide does not and cannot provide any warranty in relation to goods and services to be provided by third parties under the Digital Coupons.
3.3 While we may attempt to keep information on the Website and the Mobile Application current and accurate, we do not make any warranties or representations about the currency or accuracy of any information on the Website or the Mobile Application.
3.4 To the extent permitted by law, everything on the Website and in relation to the Services is provided to you “as is” and “as available” without warranty or condition of any kind, either express or implied, including but not limited to, any implied warranties of accuracy, merchantability, fitness for a particular purpose or non-infringement. We exclude all representations and warranties to the full extent permissible under applicable law.
- Third Party Terms and Conditions
4.1 The goods and services included in the Digital Coupons are subject to the terms and conditions of the business owners and merchants who provide those goods and services to be provided under the Digital Coupon (“Third Party Terms and Conditions”), and you agree to abide by such Third Party Terms and Conditions. You agree that Hummguide is not liable for any breach of Third Party Terms and Conditions by you.
- Registration on Mobile Application
5.1 You are required to register with Hummguide in order to make full use of the Mobile Application. Such registration requires that:
(a) you must provide Hummguide with accurate, complete and current registration information;
(b) you must safeguard any user name and password that Hummguide provides to you;
(c) you authorise Hummguide to assume that any person using the Mobile application with your user name and/or password is either you or is authorised to act for you;
(d) where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password;
(e) you agree to immediately notify Hummguide of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
(f) you may cancel your registration at any time by notifying Hummguide; and
(g) Hummguide reserves the right to discontinue or cancel your registration in its sole and absolute discretion without notice to you if you do not use the Mobile Application for an extended period of time, if you breach any of these Terms and Conditions or any applicable law or if we conclude that your conduct negatively impacts on Hummguide’s name or reputation or violates our rights or those of another party.
5.2 You warrant that all information provided on registration and contained as part of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
6.1 The Website and the Mobile Application may contain material or content uploaded, posted, emailed or otherwise electronically transmitted by users of the Website, including you. Hummguide reserves the right to access or examine any such material or content and at its discretion, move, remove or disable access to such material or content which it considers breaches any law or is otherwise unacceptable. You acknowledge that Hummguide may remove any material or content posted by you at our sole discretion and that it has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website or through the Mobile Application.
6.2 If you use the Website or the Mobile Application, you are solely responsible for any material or content posted by you to any third party website or media. In using the Website or Services, you must not:
(a) violate any applicable laws;
(b) impersonate any person;
(c) post any material or content that: (i) infringes the intellectual property rights of any third party or post any material or content that you do not have the right to post; (ii) is unlawful, harmful, threatening, abusive, misleading, invasive of another’s privacy, harassing, defamatory, obscene or otherwise objectionable to any other person or entity; (iii) contains any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters or any unsolicited mass distribution of email;
(d) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software;
(e) collect or store personal data about other users of the Website or the Services; or
(f) engage in any other conduct that inhibits any other person from using or enjoying the Website or the Services.
- Your representations and warranties
7.1 You represent and warrant that:
(a) all material or content that you post is true, accurate and not confidential to or owned by any other person;
(b) you will not use the Website or the Mobile Application for any purpose that is unlawful or prohibited by these Terms and Conditions; and
(c) all material or content posted by you is owned by you or a third party and our use of such material or content does not infringe or violate the intellectual property rights or any other rights of anyone else. You licence us to use, modify, adapt, publish, display, sub-licence, create derivative works from and incorporate in other works, any material or content posted by you, at any time in the future in any form and for any purpose and you warrant that you have the right to grant this licence.
8.1 The Digital Coupon that you have downloaded from the Website is redeemable by you from the store of the business owner who is to provide the goods and services under that Digital Coupon.
8.2 The Digital Coupon must be redeemed before its validity period expires , otherwise it becomes invalid. Any attempt by you to redeem a Digital Coupon contrary to these Terms and Conditions may render a Digital Coupon void at the discretion of Hummguide or the business owners who provides the goods and services under the Digital Coupon.
9.1 You acknowledge that the Website, the Mobile Application and all related content are subject to copyright and possibly other intellectual property rights. Hummguide grants you permission to access and use copyright material only for private purposes. All rights not expressly granted under these Terms and Conditions are reserved by Hummguide. You must not modify, copy, display, retransmit, distribute, sell, publish, broadcast or otherwise use the Website, the Mobile Application or any related content other than in accordance with the rights granted to you under these Terms and Conditions. For reproduction or use of Hummguide’s copyright material beyond such personal use, written permission must be obtained directly from Hummguide or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.
10.1 Hummguide, the Hummguide logo, hummguide.com and other names of Hummingguide Pty Ltd products and/or services referenced in these Terms and Conditions and the Website are trademarks or registered trademarks of Hummguide. Other product and company names referred to on the Website may be the trademarks of their respective owners. You must not use Hummguide’s trademarks or registered trademarks in connection with any product or service that is not offered by Hummguide, nor in any manner that may reflect negatively on Hummguide, the Website or the Mobile Application, or on the goodwill, name or reputation of Hummguide, the Website or the Services.
- Intellectual property
11.1 We retain all right, title and interest in and to the Website, the Mobile Application and all related content, and nothing you do on or in relation to the Website, the Services or any of the related content will transfer any intellectual property rights to you or (other than the rights expressly granted to you under these terms and conditions) licence you to exercise any intellectual property rights unless expressly stated by Hummguide.
12.1 You agree to defend, indemnify and hold harmless Hummguide, our officers, directors, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising in connection with your use of the Website or the Services or resulting from, or alleged to result from, your use of the Website or the Services, or your violation of any of these Terms and Conditions.
- Limitation of liability
13.1 Certain rights and remedies may be available under the Competition and Consumer Act 2010 or similar legislation of States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, Hummguide and its related entities exclude all conditions and warranties that may be implied by law.
13.2 To the extent permitted by law, Hummguide’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again.
13.3 To the extent permissible by law, Hummguide is not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website or Services or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not it knew or should have known of the possibility of such damage.
- Variation of the Website and the Mobile Application
14.1 You acknowledge that Hummguide may, in our sole and absolute discretion and without any notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Mobile Application and you agree that Hummguide is not liable to you or any third party for any loss suffered as a result of such variation, modification or discontinuance.
- Links and advertisements
15.1 The Website often includes advertisements, hyperlinks and pointers to web sites operated by third parties. Hummguide has not reviewed third party websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Website (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.
17.1 If you breach (or Hummguide reasonably believes you have breached) these Terms and Conditions, or if Hummguide determines (or has reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon its rights or the rights of any other person, Hummguide may deactivate, cancel, suspend or terminate any aspect of your use of the Website or the Services without notice to you. In such circumstances, Hummguide will have no further obligations to you. Except as specifically provided for in these Terms and Conditions, upon deactivation, cancellation, suspension or termination, you will not be entitled to any compensation or damages, nor will you be relieved of any obligation you agreed to or incurred during your use of the Website and the Services.
18.1 If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
18.2 These Terms and Conditions are governed by the laws of New South Wales, Australia and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
18.3 These Terms and Conditions constitute the entire agreement between Hummguide and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral or written, between Hummguide and you in relation to the Website and the Services.
18.4 Your use of the Services is conducted electronically and you agree that Hummguide may communicate with you electronically for all aspects of your use of the Services, including sending you electronic notices.
18.5 The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions will survive cancellation of your registration or termination or expiry of these Terms and Conditions.