“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 Mobile Application to view, share, download and advertise promotional deals. It also means the provision of the Mobile Application to users to view, post, save, download and share digital content.
“Website” means the website www.hummguide.com operated by Hummguide.
“You”, “Your”, “Customer” or “Merchant” means you as a user or business owner.
2.1 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.
2.2 You can only use the Service by installing the Mobile Application for your device (i.e. iPhone, iPad and Android Phone).
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.
- Your use of the Mobile Application
3.1 You use the 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 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 Mobile Application current and accurate, we do not make any warranties or representations about the currency or accuracy of any information on the Mobile Application.
3.4 To the extent permitted by law, everything on the Mobile Application 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
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 Mobile Application may contain material or content uploaded, posted, emailed or otherwise electronically transmitted by users of the Mobile Application, 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 through the Mobile Application.
6.2 If you use 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 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 Services; or
(f) engage in any other conduct that inhibits any other person from using or enjoying 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;
(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.
- Intellectual property
- Limitation of liability
12.1 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.
12.2 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.
12.3 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 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 Mobile Application
13.1 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 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
14.1 The Mobile Application 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 Mobile Application (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.
17.4 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.