These Website Terms of Service (these “Terms of Service”) is agreed to between Hubster AU Pty Ltd, and its affiliates and subsidiaries (collectively, “Hubster”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “You” or “Your”). These Terms of Service govern your use of the websites that link to these Terms of Service (the “Website”)and offers users (“Users”) the ability to access certain content on the Website (“Content”). These Terms of Service applies to the Website and Content, regardless of the Website through which You access or use the Website and Content.
PLEASE CAREFULLY READTHESE TERMS OF SERVICE. BY ACCESSING ORUSING THE WEBSITE AND CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BEBOUND BY THESE TERMS OF SERVICE. IF YOUDO NOT AGREE TO THESE TERMS OF SERVICE, HUBSTER IS NOT WILLING TO PROVIDE YOUWITH ACCESS TO OR USE OF THE WEBSITE AND CONTENT AND YOU MUST NOT ACCESS OR USETHE WEBSITE AND CONTENT.
Unless You later enter into any other agreements with Hubster regarding the Website and Content, these Terms of Service are the complete and exclusive agreement between You and Hubster regarding Your access to and use of the Website and Content. These Terms of Service supersede any prior agreement or proposal, oral or written, and any other communications between You and Hubster relating to Your use of the Website and Content as a User of the Website.
To use non-public functions of the Services, it is necessary to register an account with the HUBSTER (“Hubster Account”). During registration, we will ask the User for information that may contain, but is not limited to, his name and other personal information. You authorize us to ask questions that we deem necessary in order to validate your identity. This means that we may request more information, your full address, your date of birth or similar information, request that you take steps to confirm ownership of your email and / or verify information that you have provided in third party databases or to from other sources, it being certain that such information will be preserved. If you do not provide this information or HUBSTER is unable to verify your identity, we may refuse your access to the Services, and we reserve the right to change the type, suspend or terminate the Hubster Account of anyone who provides inaccurate, untrue, or incomplete, or that do not meet the Hubster Account registration requirements.
You are responsible for maintaining the confidentiality of your password, which, together with your email, allows you to authenticate your identity and access the Services. This email and password, together with any phone number, restaurant name, personal name, address and any other information you provide about your restaurant, its operation, its owners and employees, make up your “Registration Information” . By providing your email, you agree to receive all necessary notices and information in that email. Electronic communications may be disclosed on the Site, through the HUBSTER interface, and / or sent to the email we have filed in your name.
You represent and warrant that all Registration Information provided is complete and accurate, and acknowledge that we have the right to rely on such Registration Information without having to double check it. It is your responsibility to promptly update us with your complete and accurate contact information or to change your Registration Information, including email, as appropriate.
Notices will be made available in the body of the email or via a hyperlink to the appropriate page on the Service. Your consent to receive communications electronically is valid until the end of your relationship with us.
You will be able to print a copy of any electronic communications and keep them for your reference. We reserve the right to terminate or change the form of delivery of electronic communications and will send an appropriate notification to that effect, in accordance with applicable law.
If you believe that your Hubster Account or your Registration Information or Account Information (as defined below) or that the device you use to access the Services has been lost or stolen, or that someone is using your HUBSTER account without permission, you must contact us, notify immediately by email email@example.com to minimize possible damage. You are responsible for all activities that occur under your Hubster Account and agree to maintain the security and confidentiality of your HUBSTER username and password at all times. Unless otherwise permitted in writing by HUBSTER, you may only have one Hubster Account.
You agree to accept and receive our notifications, including emails, text messages, calls and push notifications to the cell phone number you provide to us when you sign up for a Hubster Account or update the contact information associated with your account. Such communications may include, but are not limited to, secondary authentication requests, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receiving promotional texts or calls as a condition of using the Services.
Call communications and text messages can be generated by automatic dialing systems. The standard message and data rates applied by the mobile operator may apply to the text messages we send you.
You can choose to opt out of receiving promotional email communications that we send following the unsubscribe options in the emails themselves. You can choose to opt out of receiving promotional calls by informing the attendant that you would not like to receive promotional calls in the future. You understand that canceling the receipt of communications may impact your use of the Services.
The Services allow you to add and help manage your order queue originating from multiple channels. The Services may support, for example, orders that arrive through its own website, through telephone calls or through third-party online food ordering (“Online Platforms”). You represent and warrant to us that (a) you have chosen to use one or more food ordering channels or Online Platforms, (b) you have no exclusive contractual relationship with any food ordering channel or Online Platform and you do not wish to be limited to one channel or Online Platform and (c) intends to use the Services to add and manage these channels and Online Platforms and other services in a more convenient and efficient manner.
The paid functions of the Services are subject to additional terms (the “Order Term”) presented at the time of the applicable order. We will use a third party provider to process payments for the Services and will not store credit card numbers. We also reserve the right to reject any request. Unless specifically described otherwise in the Order Terms, we will not provide refunds for the Services.
The Services may provide integrations with Online Platforms, payment processors, website hosting services, point-of-sale systems or other third party services (collectively, the “Integrated Providers”). If you have a separate customer relationship with a provider, you may be eligible to connect your account with the Integrated Provider with your HUBSTER account. We call this the “Connection” of these accounts. You will be able to connect accounts with Integrated Providers when you create your account or afterwards, as long as your Hubster Account remains active.
As soon as you connect to an Integrated provider account, you hereby direct HUBSTER to access, retrieve and use information related to (a) you or your relationship with that provider; (b) orders placed at your establishment; or (c) diners who have placed orders with you or Integrated Vendors (such diners, “Diners”, and such information, “Diner Data”), in each case, when such information is provided, maintained or otherwise made available by the Integrated Provider. (All of this information is collectively the “Account Information”). When connecting your account, you can also direct HUBSTER to interact with the Integrated Provider on your behalf. Such interactions may include, for example, configuring HUBSTER to automatically accept orders on your behalf when received through an Online Platform connected to the Services.
By using the Services, you expressly authorize HUBSTER to access, retrieve and use your Account Information maintained by Integrated Providers, on your behalf, as your agent, and you expressly (a) authorize these Integrated Providers to provide us with Account Information and (b) authorizes us to access, retrieve and use these sites, applications, data feeds, application programming interfaces (APIs) and hardware, in each case, owned or operated by Integrated Providers (together, "Provider Systems" ) therefore. When you use the Service Connection function, you will be directly connected to the Provider Systems of the Integrated Providers that you have identified. HUBSTER will present information (including user names and passwords) that you provide to connect to the Provider Systems of that Integrated Provider. You authorize and allow HUBSTER to use and store the information you submit to do the above and to configure the Services to be compatible with the Provider Systems of the Integrated Providers for which you provide information.
By connecting an Integrated Provider, you represent and warrant to HUBSTER that (a) you are the legitimate owner and beneficiary of the Integrated Provider's account, (b) you are authorized to provide all information you have provided regarding the Connection (including, if applicable, the credentials used to register to your Integrated Provider account), as well as all the Account Information you provide to us through the connected account; (c) you are authorized to appoint us as your agent, as determined above, to access, retrieve and use Provider Systems Account Information from the Integrated Providers you have identified; and (d) you sent all notifications, obtained any consents (including from Diners) and met any other requirements under applicable law, in each case, necessary for you and HUBSTER to access, retrieve and use this information (including Data and other Account Information) for the purposes specified in this Agreement. You understand and agree that HUBSTER (a) will depend on these authorizations, notices and consents, particularly with respect to HUBSTER's access to Provider Systems and the retrieval or use of Account Information (including Diner Data) from these systems; and (b) is not responsible for obtaining, independently, authorizations or consents from third parties (including Integrated Providers and Diners), or making notifications to them, regarding these activities.
HUBSTER will not analyze Account Information for accuracy, legality, misappropriation or absence of infringement. HUBSTER is not responsible for Account Information or for any products or services offered by Integrated Providers. HUBSTER cannot always foresee or anticipate technical or other difficulties that may result in not obtaining data or losing data, in customization settings or in other service interruptions. HUBSTER cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or non-storage of any data, communications or customization settings for a user.
HUBSTER provides the Connection functionality as accommodation for Customers, however we cannot guarantee support for the Connection with any third party provider in the future. We also cannot guarantee that we will continue to serve existing Integrated Providers in the future. We may disable some or all of the Connections at any time, with or without notice.
The Services may provide hyperlinks to other websites owned by HUBSTER advertisers and other third parties. These features are provided to you as a convenience. HUBSTER does not endorse, justify, or even guarantee that the products or services available through these hyperlinks (or any other third party products or services advertised or mentioned in the Services), whether sponsored or not. HUBSTER is not responsible for the activities or policies of these websites. HUBSTER may receive compensation from third parties that may affect the location and availability of the hyperlinks included in the Service.
If you choose to use or purchase services from third parties, you will be subject to that third party's terms and conditions and privacy policies.
Use of the Services requires access to the internet and / or the network and may require third party software or other services. You agree that you are entirely responsible for meeting these requirements, including any changes, updates and applicable tariffs, as well as for complying with the terms of your contract with applicable service providers.
We do not guarantee that the Services will be compatible with your mobile device or mobile operator. Your use of the Services must be subject to the terms of your agreements with your mobile device manufacturer and mobile operator. You must not use a modified device to use the Services if the modification is contrary to the manufacturer's software and / or hardware guidelines, including disabling software or hardware controls.
All hardware and other third party products included or sold with the Services are provided exclusively in accordance with the warranty and other terms specified by the manufacturer, who is solely responsible for the service and support of your product. For technical assistance, support or warranty, contact the manufacturer directly. HUBSTER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS AND SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
The right to access and use the Services is personal and non-transferable to any person or entity. You may access and use the Services only for lawful purposes.
Access to and use of the Services may be interrupted from time to time for any reason, including equipment malfunctions, periodic updates, maintenance or repair of services or other actions that HUBSTER chooses to practice at its sole discretion.
HUBSTER may access or store personal information in several countries, including those outside its own region as permitted by applicable law.
The Services may include features to upload or provide suggestions, recommendations, comments, stories, images, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information ("Content").
The User will not upload, provide or otherwise publish, transmit, distribute or disseminate Content through the Services that: (a) is false, misleading, illegal, obscene, indecent, pornographic, defamatory, threatening, harassing, abusive or inflammatory, (b) encourage conduct that could be considered a criminal offense or give rise to civil liability, (c) violate or infringe any duty to or rights of any person or entity, including rights of publicity, privacy or intellectual property, (d) contains corrupt data or any other harmful, disruptive or destructive file, or (e) advertise competitive products or Services with HUBSTER or its partners.
HUBSTER may offer Services to be paid periodically ("Subscription Services") or per use ("Services for Use" or, in conjunction with Subscription, "Paid Services"). Subscription Services may subject you to a recurring charge of fees, monthly fees or installments. By subscribing to a Subscription Service, including after any free trial period, you agree to pay us the monthly fee and any applicable fees, as set out in your Hubster Account settings. A Use-by-Service may subject you to usage or installment fees. By using a Service for Use, you agree to pay the fees and / or installments incurred for the time of use, as defined in your Hubster Account settings.
The amounts charged for the Paid Services must be paid by credit card, debit card, bank slip or deducted from the amount transacted by you, according to the option available in the chosen plan and in the settings of your Hubster Account. If you insert a credit or debit card into your account, you authorize us to collect the amounts charged for Services Paid by credit or debit card inserted into your Hubster Account.
If you have chosen a monthly plan, the amounts charged for Subscription Services will be charged on the same day of the month of membership each month until cancellation. If you have chosen the annual plan, you can choose to pay up to 12 (twelve) installments, which will be charged to your credit card. You can cancel a Subscription Service at any time by contacting HUBSTER support. If you cancel the Subscription Service, you will continue to have access to that Subscription Service until the end of the billing period for the contracted plan. You will not be able to request any refund or credit for any amount charged due or paid on any chosen plan, be it the monthly plan or the annual plan. We reserve the right to change the value of the Subscription Service, with 30 days notice. Your continued use of the Subscription Services after notification of a change in the amount charged constitutes your acceptance of such change.
You agree that HUBSTER or its affiliates may include your name, trademark and logo on its website or other materials for the purpose of marketing our Services.
You may submit comments or ideas about the SERVICES to us (“Idea” or “Ideas”). By submitting any Idea, you agree that your disclosure of the Ideas to us is free, unsolicited and without restrictions, that you will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any compensation additional information to you and / or to disclose the Idea non-confidentially or otherwise to any person.
You agree not to:
We have implemented technical and organizational measures designed to protect your personal information from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to violate these measures and use your personal information for inappropriate purposes.
You are responsible for safeguarding your password and for restricting access to the Services on your mobile devices and computer (s). You must notify us immediately of any unauthorized use of your password or Hubster Account or any other breach of security.
As part of the Services, HUBSTER may allow you to post content on forums, blogs and various other places publicly available through the Services. These forums may be hosted by HUBSTER or one of our third party service providers on behalf of HUBSTER. You agree to post content according to certain rules:
The Services may include social tools for exchanging information with other users of the Services. HUBSTER does not provide assistance and is not responsible for the content on these community forums. Please show respect when interacting with other users. Don't reveal information that you don't want to make public. Users may post hyperlinks to third party content, for which HUBSTER is not responsible.
You must defend, indemnify and exempt HUBSTER, its affiliates and their respective directors, directors, shareholders, employees, representatives and freelancers from and against all third party claims, actions, processes, losses, responsibilities and expenses (including attorney's fees) in unlawful act, contract or otherwise arising (in whole or in part) or attributable to any breach or alleged breach of this Agreement or any activity, by HUBSTER or you, in relation to the Services or this Agreement (or your use of the Services), including access, by HUBSTER, to Provider Systems or access, retrieval or use of Account Information (including Diner Data). HUBSTER reserves the right to assume the exclusive defense and control of any matter subject to indemnification, at its expense.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBSTER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF, INABILITY TO USE OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, THE HUBSTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORECASTABLE.
IN NO EVENT SHALL HUBSTER BE LIABLE FOR ANY DAMAGES, LOSSES OR INJURIES ARISING FROM HACKING, VIOLATION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR HUBSTER ACCOUNT, OR THE INFORMATION CONTAINED IN IT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LEGISLATION, THE HUBSTER'S TOTAL LIABILITY IS LIMITED TO THE AMOUNT OF FEES AND AMOUNTS PAID BY YOU UNDER THE USE OF THE SERVICES, IN THE 3 (THREE) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT PRECEDES THE EVENT THAT ARRIVES FROM THE EVENT RESPONSIBILITY; OR (B) AUD 500.00 (AUSTRALIAN DOLLAR FIVE HUNDRED), WHICHEVER IS GREATER.
THIS SECTION OF LIMITATION OF LIABILITY APPLIES, WHETHER THE ALLEGED LIABILITY BASED ON CONTRACT, ILLEGAL ACT, NEGLIGENCE, OBJECTIVE LIABILITY OR ANY OTHER BASIS, EVEN IF THE HUBSTER HAS BEEN ADVISED OF THE POSSIBILITY. THE FOREGOING LIABILITY LIMITATION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN APPLICABLE LAW.