Website Terms and Conditions of Use

Welcome to the website of Hubb Co Pty Ltd (ABN 641 265 910) trading as HubbCo ("we", "us", “our” or “HubbCo”). HubbCo is a product discovery and trends tracking platform where retailers, distributors and suppliers connect.

Our website is located at www.hubbco.co and includes all of the files located in that domain (the “Site").


1. AGREEMENT TO THESE WEBSITE TERMS AND CONDITIONS OF USE

By accessing this Site and/or subscribing to the services provided by us, including but not limited to:

  • using the Site’s features and functionalities;
  • participating in marketing (including the publication and dissemination of product information within the Site);
  • accessing the Site and its user interfaces;
  • communicating with other third parties (e.g. users, suppliers, retailers within the Site); and
  • using its content, software and technologies associated with our service (the “Services”) which is broadly described at www.hubbco.co ;

you agree to be bound by these website terms and conditions of use (“Terms”). These Terms constitute a binding agreement between you (and your agents and nominees) and HubbCo (and its agents and nominees). The Terms govern your use of this Site and is a legally binding and enforceable agreement and sets forth your rights and obligations with respect to the use of the Site.

Our Site is a platform incorporating technologies, interfaces, algorithms, and application programming interface, that allows suppliers to market their products, goods, and inventory to industry retailers and distributors. The Site provides services to suppliers by utilising the Site’s technology and features including, but not limited to, branding and product tools, search engine trends, trade reports and insights, and discovery features, management interfaces, market trend data, retailer and supplier suggestion algorithms, and other optimisation technologies that helps users (e.g. suppliers) to strategise on how and which products should be marketed and published to other users (e.g. retailers and distributors).

Please read these Terms carefully before accessing or using this Site. If you do not agree to these Terms, please do not access this Site, or use any of the Services, and immediately cease the use of the platform.

Privacy Policy

As part of these Terms, your use of this Site is also subject to our Privacy Policy (located at www.hubbco.co/privacypolicy), which are incorporated by reference into these Terms.

Legal capacity to transact

If you are under 18 years of age, you cannot subscribe to the Services provided by this Site. By using this Site, you represent and warrant to HubbCo that you are over the age of 18 years. Should HubbCo suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from his/her parents or guardians.

We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change our eligibility criteria at any time. The Services we offer are for your use only and are not intended for the use or benefit of any third party, and cannot be transferred to any third party without our express written consent (and any associated fees and expenses in granting that consent).


2. RESTRICTIONS ON USE
Prohibited Conduct & Other Rules

Your use of this Site is subject to the rules set out in Schedule 1 below.

Without limiting any other provisions of this clause, if you submit User Content (defined below) that we believe constitutes Prohibited Conduct or breaches the Other Rules as set out in these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We may however, take any action we deem appropriate at our discretion to limit your access to the Site or the Services until the Prohibited Conduct has been rectified or you have complied with the Other Rules to our satisfaction. Failure by you to rectify any Prohibited Conduct or adhere to the Other Rules may result in any of your User Content being removed from the Site.

Violations of these Website Terms and Conditions of Use

Without limiting any other remedies available to HubbCo at law or in equity, HubbCo reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to this Site or refuse to provide Services to you if:
    • you breach any provision of these Terms;
    • HubbCo is unable to verify or authenticate any information that you provide to us; or
    • HubbCo believes that your actions may cause damage and/or legal liability to HubbCo, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that HubbCo, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Terms.
Indemnity

You indemnify and hold harmless HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through this Site;
  • your use of, or connection to, this Site;
  • your negligence or misconduct, breach of these Terms or violation of any law or the rights of any person;
  • any claim arising from your use and/or access of any third party website; and
  • any claim brought by any third party arising from your use of the Site, our Services, and any information published and disseminated by you.
Non-Compete Restrictions

In addition to the restrictions set out above, use of the Site and/or its Services is strictly prohibited by a competitor of HubbCo, and you represent and warrant that you and your agents or contractors are not, and will not become, competitors of HubbCo. Your use of the Site including access to the Site or the benefit of Services will immediately be revoked and automatically terminate upon a breach of this provision.


3. REGISTRATION AND ACCOUNT SECURITY
Requirement for registration

HubbCo reserves the right to make any parts of this Site accessible only to users who have registered an account with us. HubbCo discloses and you acknowledge that parts or all of the Services provided by HubbCo in this Site will not be accessible unless you:

  • register an account with us;
  • participating in marketing (including the publication and dissemination of product information within the Site);
  • subscribed to the Services;
  • pay in cleared funds, any fees associated with the Services subscription; and
  • otherwise comply with these Terms.
Username and password

Upon registering with this Site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this Site. HubbCo will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that HubbCo will be entitled to assume that any person using this Site with your username and password is you or your authorised agent and/or representative.

You must notify HubbCo immediately of any known or suspected unauthorised use of any password or any other breach of security.

User information

In order to register an account with this Site, you must agree to these Terms and provide HubbCo with:

General

  • personal information including, inter alia, a valid email address, telephone contact, address, or any other information required by us from time to time;
  • current, complete, and accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator, credit card number, or credit card expiration date);
  • personal name, partnership name, company name, trading name, ACN and ABN, organisation point of contact details including job title (as applicable or required by us);
  • country, state, city, and location; and
  • any other information that may be required by HubbCo during the registration process (e.g. password and security questions).

Supplier

In addition to the General information referred to above:

  • a true and accurate record of your trading history, including period of trade (if required by us);
  • particulars of your business and/or products (including product categories; the nature of your business e.g. manufacturer, supplier, re-seller, broker, other; SKU’s; product origin; the number of outlets and stores your products are ranged in; product variances; number of units per outer/case/carton; ingredients; nutritional information; certifications; ) (as applicable); and
  • brand name, logo, trade mark, images or other relevant marketing information (as applicable);

Retailer/Distributor

In addition to the General information referred to above:

  • the number of buyers with the account;
  • details of the number of outlets and stores of your business; and
  • company website information.

You must promptly update this information to maintain its accuracy at all times and notify HubbCo should any information change.

You represent and warrant to HubbCo that all information provided to HubbCo by you, including the information provided by you through our account registration process or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

You acknowledge and agree that you are solely responsible for the accuracy and content of all such personal information, and you agree to keep it up to date. If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, or any applicable law, then we may suspend or terminate your access to the Site (including if necessary any of the Services).

We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to the Site – all in our sole discretion, for any reason, and without advance notice or liability. We will not be liable for any loss or damage to you or any third party arising from your inability or failure for any reason to comply with any of these Terms.

Multiple accounts and automated account opening

One person may not maintain more than one account with this Site. Accounts registered by "bots" or other automated methods are not permitted.

Approval of registrations

HubbCo reserves the right to accept or reject any application for registration of an account with this Site at its sole discretion.


4. NO ADVISORY SERVICE

HubbCo is not an advisory service and does not offer any legal, commercial, business, marketing, market, financial, accounting or any professional advice or advisory services.

By using our Site and its Services, you acknowledge and agree that any information published on our Site or otherwise to you by us is intended for informational purposes only and not as a substitute for:

  • any due diligence that you need to conduct; and/or
  • professional advice that is otherwise provided by an industry professional.

It is essential that you carry out your own due diligence and obtain any requisite professional advice you deem necessary. Our communications with you, whether on the Site or through emails or other direct forms of communication, does not constitute any advice. You agree that you must evaluate, and bear all risks associated with, the use of the Site and any content published or disseminated within the Site, including any reliance on the accuracy, completeness, or usefulness of such content.


5. SUBSCRIPTION SERVICES

HubbCo is a subscription service that offers different subscription plans for its Services (“Subscription Plan(s)”). A different subscription fee (“Subscription Fee”) applies to each Subscription Plan. Information on the Subscription Plans is available at www.hubbco.co which may change from time to time.

If you already have an account with us, you can change your Subscription Plan by visiting www.hubbco.co and logging in to the customer portal via the “Login” link using your email address and chosen password.

Our Site will guide you through our streamlined process required to renew your Subscription Plan or change your Subscription Plan, and inform you of any requisite Subscription Fee for the Services. Before confirming a Subscription Plan or changing a Subscription Plan, you will be required to confirm your acceptance of our Terms by ticking the appropriate box.

Subscription Plan acceptance constitutes offer

By confirming a Subscription Plan through this Site, you make an irrevocable offer to us to purchase the Services provided by us that you have selected pursuant to these Terms. Information contained in this Site constitutes an invitation to treat only. HubbCo cannot guarantee the success of your products and/or brand or the securing of a potential partner. No information in this Site constitutes an offer by us to supply any Services to you – however, HubbCo will endeavour to provide the Services to you by way of the functionalities and technologies of the platform integrated into the Site once you have agreed to a Subscription Plan and paid the relevant Subscription Fee.

By agreeing to a Subscription Plan, you acknowledge and agree that:

  • you are over the age of 18 years and legally capable of entering into a binding agreement;
  • your access to the Site and the Services provided in the platform are for your use only;
  • you will use the Site in strict accordance with the instructions, information, and rules as determined by us which we may change from time to time at our discretion;
  • you agree and undertake to carry out your own due diligence and obtain your own legal, commercial, business, marketing, market, financial, accounting or any professional advice; and
  • HubbCo is not in any way obliged to provide you with Services unless you fully comply with these Terms.

Any Services provided by us through the Site platform will not commence unless the appropriate Subscription Plan has been selected:

  • payment for the Subscription Fee has been received by us in full; and
  • any registration and information required by us (including payment information) has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing credit card and other fraud.
We reserve the right at our discretion:

Any Services provided by us through the Site platform will not commence unless the appropriate Subscription Plan has been selected:

  • at any time prior to your Subscription Plan being accepted or renewed (for the next subscription cycle) in accordance with these Terms, cancel all or part of the Services and/or your Subscription Plan; and
  • at any time:
    • refuse to provide the Services in this Site to you;
    • terminate and/or limit your access to this Site; and/or
    • remove or edit any content on this Site.
  • Examples of some of the grounds upon which we may elect to refuse your Subscription Plan, include but are not limited to the following:
    • The Services subject of the Subscription Plan will be changed, or it will no longer be provided and/or is unavailable;
    • Some of the information contained in the Site (whether published by us, you, or another person) are incorrect, inaccurate, or incomplete; and
    • Authorisation of payment cannot be obtained.
Acceptance of Subscription Plan

The Subscription Plan shall commence once payment of the Subscription Fee has been processed. We will confirm our acceptance of your registration and the Subscription Plan selected by you by sending you an email confirming your Subscription Plan. Once our initial email confirmation has been sent, a formal agreement is in place between you and HubbCo in respect of Services provided by the Site.

If there is any discount code or promotion being offered by HubbCo at any time, such discount code must be applied at checkout for new customers or through the customer portal for existing customers for any discount to be redeemed. Any discounts or promotions are offered at our sole discretion and irrevocable at any time. Such discounts or promotions will not be refunded. For any current discount code or promotion being offered by Hubbco and instructions on how to apply those discounts or promotions for a Subscription Plan, please see our webpage: www.hubbco.co

If you use any discount or promotion, you acknowledge and agree that you are also signing up for a Subscription Plan.

You acknowledge and agree that we will not be sending you any further email or notice informing you that the free trial (applied under a HubbCo discount or promotion) is coming to an end.

Unless you cancel your free trial prior to the end of the free trial period (under a HubbCo discount or promotion), you will automatically be subscribed to a Subscription Plan as nominated by you in your initial registration with us. Immediately after the end of a promotional free trial period, we will immediately commence billing you for the Subscription Plan you have selected including any associated Subscription Fees.

By accessing the Site, you accept that it is your sole responsibility to know:

  • When the any discount or promotional free trial period ends;
  • To opt out of the Subscription Plan prior to the end of any discount or promotional free trial period if you do not wish to commence a Subscription Plan; and
  • The applicable Subscription Fee for your Subscription Plan chosen.
Editing a Subscription Plan

You can edit your subscription details by logging into your account on our Site and going to the “My Subscription” section. Through your account, you can change and modify your Subscription Plan, update your personal and payment details or cancel your subscription.

If we do not accept any change or modification to your Subscription Plan, you may cancel your Subscription Plan if you wish in accordance with the cancellation terms below. Any amendment to an order will only be binding once accepted by us in writing by email or via the Site.


6. FREE TRIAL PERIOD

Your access to the HubbCo Services including your Subscription Plan may commence with a free trial period or other promotional discount or benefit as determined by HubbCo in its absolute discretion, which is irrevocable at any time. The free trial shall last for 14 days (“Free Trial”) commencing on the date you commence your first Subscription Plan and ending 14 days later (“Free Trial Period”) and is intended to allow you to try our Services and our Site.

By signing up to the Free Trial, you acknowledge and agree that you are also signing up for a Subscription Plan.

You acknowledge and agree that prior to the completion of the Free Trial Period, we will not be sending you any further email or notice informing you that the Free Trial is coming to an end. Your paid Subscription Plan will commence immediately after the end of the Free Trial Period, and we will then immediately commence billing you for the Subscription Plan you have selected including any associated Subscription Fees. Thereafter, you will be billed on a recurring monthly basis or annual basis depending on the Subscription Plan you have selected, unless you specify a different frequency for payment of the Subscription Fee through your account profile on our Site or by contacting us, in which case, you will be billed at that frequency.

We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Free Trial in our absolute discretion.

The Free Trial is open to new customers only.

By accessing the Site, you accept that it is your sole responsibility to know:

  • When the Free Trial Period ends;
  • To opt out of the Subscription Plan prior to the end of the Free Trial Period if you do not wish to commence a Subscription Plan; and
  • The applicable Subscription Fee for your Subscription Plan chosen.

By providing your payment details in conjunction with the Free Trial, you agree to the ongoing charges using such payment details. If you do not wish to be billed any recurring charges, it is your sole responsibility to cancel your Subscription Plan through your user profile on the Site or by contacting us prior to the completion of the Free Trial Period at [email protected]


7. SUBSCRIPTION PLAN CANCELLATION

During or following your Free Trial Period, you may cancel your Subscription Plan by logging into your account. Notice periods for cancellation shall depend on the Subscription Plan you have selected as specified on this Site. Following the Free Trial Period, if you have selected by way of example, a monthly Subscription Plan, you will be charged for 1 entire month in advance. If you have selected a 12-month Subscription Plan, you will be charged for a full term of 12 months in advance. At the bottom of that page is a “cancel subscription” link. Once you click on this button, your Subscription Plan will be cancelled. If the monthly subscription plan is selected there is a 3 month minimum term. Should you cancel prior to the end date of the 3 month minimum term you will still be charged monthly and have full access up until this end date. Once you have passed this end date you will no longer be charged and you will not have access.

If you have trouble cancelling your Subscription Plan through your account, feel free to contact us at [email protected] or via the details as referenced on our Contact Us page on our Site.

It remains your sole responsibility to cancel your Subscription Plan prior to the next renewal date under your Subscription Plan should you wish to do so. You agree and acknowledge that HubbCo shall not be responsible for cancellation requests that are made by email or phone and not addressed by customer service in advance of your next renewal date unless your inability to cancel through your account was due to a technical error on the Site. If you terminate your Subscription Plan, your subscription will not be renewed after your then-current subscription term expires.


8. PRICES AND AVAILABILITY

HubbCo reserves the right to change the prices for the Services of the Site including the Subscription Plans and associated Subscription Plan, as displayed in this Site at any time before you purchase any Subscription Plan. We will notify you in advance of any pricing changes that may affect future orders.

While we endeavour to ensure that all prices shown on our Site are correct, sometimes errors may occur, and in those circumstances, where the price of Subscription Plan is lower than what you have paid, we will credit the difference to be applied against your next month’s payment, and continue to provide Services to you. If the correct price is higher, we may contact you to discuss further before we accept your payment.


9. PAYMENT AND PAYMENT METHODS

Payment for orders placed through this Site may be made by credit or debit card processed online using our secure third-party payment gateway, Stripe Inc. (“Payment Gateway”). We are currently only accepting Visa and Mastercard as payment methods.

GST

Unless otherwise expressly stated, all amounts payable through your use of this Site are expressed to be inclusive of GST.

For these purposes, the term "GST" has the meaning given to it in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Payment Gateway

HubbCo uses the Payment Gateway for its secure online payment transactions. Payments made through the Payment Gateway are subject to the Payment Gateway’s own terms and conditions and privacy policy in addition to these Terms and Condition of Use. For more information about the Payment Gateway, see the Stripe Inc. website (https://stripe.com/au).

Unless you expressly consent otherwise, we do not see or have access to any personal information that you may provide to the Payment Gateway, other than information that is required in order to process your Subscription Plan or registration of your user details in our Site

HubbCo does not accept any responsibility for any errors made by the Payment Gateway. By providing your credit or debit card details, you confirm that you are authorised to use that payment method, and you authorise HubbCo, through the Payment Gateway to charge your payment method for the total amount of the Subscription Fee of your chosen Subscription Plan.

Credit and debit card payments

It is not necessary to have a Stripe account in order to make a purchase on this Site. Stripe accepts all major credit and debit cards. Please note that we may be unable to accept credit cards issued by banks outside of Australia in some cases. Additional transaction fees may apply if paying by credit card, in which case the additional charges will be specified at checkout.

Expired Credit/Debit Cards

Our subscription software keeps track of your card expiry date. We will notify you by email if your card is expiring soon. Please log in and update your payment details with your new card as soon as possible to avoid payments being declined.

Declined Payment

If your purchase of our Subscription Plan is declined for any reason by your payment provider, HubbCo will send you an automated email notifying you of the unsuccessful transaction. You can either update your payment details or contact us to resolve the issue. Our payment system is set to try and run the payment again 2 days after the unsuccessful transaction, and again 2 days after that. If the payments continue to be declined, we will stop attempting to process your payment. Any payment issues will need to be resolved prior to your Subscription Plan recommencing. HubbCo shall not be responsible for any delays to the provision of the Services in the event that your credit or debit card is declined for any reason whatsoever and it is your responsibility to ensure your credit or debit card details are up to date.

Automatic Renewal

At the end of the Free Trial Period and each subscription period thereafter (i.e. either monthly or every 12 months, depending on the Subscription Plan you have selected), HubbCo will automatically renew your Subscription Plan and charge your credit/debit card the Subscription Fee selected unless and until you cancel your account with us. Your non-termination or continued use of our Services and the Site reaffirms that HubbCo is authorised to charge your credit or debit card in advance on a periodic basis, in accordance with the Subscription Plan you have selected. In addition, you agree to pay any charges we so incur, including but not limited to, any charges due at the time of termination for any Subscription Plan previously agreed by you.

Refunds and other remedies

Except as expressly provided otherwise in these Terms, all amounts paid through this Site are non-refundable. Further information on the steps that HubbCo will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided under the heading "Remedies limited" in these Terms below.

Security

While the Payment Gateway and our Site hosting providers employ secure technology for transactions with our customers, we will not be responsible for any damages, including consequential losses (whether direct or indirect), that may be suffered by a customer whose credit or debit card or bank account information is used in a fraudulent or unauthorised manner by any person other than HubbCo.

HubbCo may request further information from you, such as a copy of your credit card and/or other identification documentation, as part of our internal validation procedures. These procedures help protect bank and credit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, your order will remain on pending status. If further information is requested and you do not provide the requested information within such time as HubbCo considers appropriate at its discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.


10. INTELLECTUAL PROPERTY
Copyright

In these Terms, the term "Proprietary Content" means:

  • this Site;
  • all of its content (including all of the text, graphics, designs, software, technology, code, workflow systems, data, photographs and other images, sound and video files and other information contained in this Site, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by HubbCo in connection with the Services offered through this Site (whether hosted on the same server as this Site or otherwise).

All Proprietary Content is the property of HubbCo or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish, or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of HubbCo or other copyright owner (as applicable).

You may download and print out content from this Site only for your own use and provided that you do not remove or modify any copyright, trademark, or other proprietary notices. The foregoing does not give you any ownership of, or any other intellectual property interest in, any content retrieved from the Site and may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.

Trademarks and Copyright

HubbCo’s logo and the phrase "HubbCo" are trademarks of HubbCo. The look and feel of this Site (including all button icons, scripts, custom graphics, and headers) are the trademarks, service marks, trade dress and/or copyright of HubbCo. These trademarks, service marks, trade dress, and/or copyright may not be used, copied, or imitated, in whole or in part, without the prior written consent of HubbCo.

User Content

In these Terms, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Site by any user, such as comments, forum posts, chat room messages, reviews, ratings, feedback, product information, images, graphics, information, market trends, and data.

This Site contains some features that enable you and other users to upload User Content. HubbCo reserves the right to display, refuse to display, remove, and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you expressly:

  • represent and warrant to HubbCo that your sharing of that User Content does not infringe any copyright or other legal right of any other person, and you indemnify HubbCo from any damage it may suffer arising from any breach by you of that warranty;
  • grant to HubbCo a worldwide, non-exclusive, unrestricted, unconditional, unlimited, royalty-free, cost-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, copy, record, disclose, transmit, publish, broadcast, translate, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at HubbCo’s absolute discretion including but not limited to providing the User Content to third parties necessary or ancillary for the provision of HubbCo’s Services.
  • represent and warrant to HubbCo that your sharing of that User Content does not infringe any copyright or other legal right of any other person, and you indemnify HubbCo from any damage it may suffer arising from any breach by you of that warranty;
  • grant to HubbCo a worldwide, non-exclusive, unrestricted, unconditional, unlimited, royalty-free, cost-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, copy, record, disclose, transmit, publish, broadcast, translate, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at HubbCo’s absolute discretion including but not limited to providing the User Content to third parties necessary or ancillary for the provision of HubbCo’s Services.
  • agree and warrant that your User Content are truthful and not misleading, not deceptive, or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the product information being offered;
  • agree to provide other users with such other information as is reasonably necessary to ensure that other users are fully informed as to the intended and proper use of the product and/or the nature of the business that will be ranging such products, including but not limited to, any lists of ingredients, components or materials and any applicable instruction and/or warning labels concerning the product, and to use all commercially reasonable efforts to respond to all product and/or business enquires from other users;
  • represent and warrant that any product subject of any information which is being disseminated through the Site has been produced, manufactured, packaged and supplied strictly in accordance with the relevant consumer protection and product safety regulations and good manufacturing practices and that it complies, and you comply, with all applicable laws and codes of conduct (as applicable);
  • acknowledge that HubbCo has no obligation to monitor or enforce your intellectual property rights in respect of your User Content, but you grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf; and
  • acknowledge that we cannot and do not assume any liability for User Content, including but not limited to, incompleteness, inaccuracies, or infringing materials, and, as between you and HubbCo, you hereby assume all risk of harm or injury resulting from any use or reliance on any information published or disseminated within the Site including User Content.
Copyright claims

If you believe that our Site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this Site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should specifically identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement.

In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable.

If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.


11. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to this Site and any Services provided or obtained through this Site, including any implied warranty/guarantee of merchantability, fitness for a particular purpose or non-infringement.

This Site is provided strictly on an "as is" basis. To the maximum extent permitted by law, HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, correctness or completeness of this Site or any of its content, and in particular do not represent, warrant or guarantee that:

  • the use of this Site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
  • this Site will meet your requirements or expectations;
  • anything on this Site, or on any third-party website referred or linked to in this Site, is reliable, accurate, complete or up-to-date;
  • the quality of any of the Services provided, information or other material purchased or obtained through this Site will meet any particular requirements or expectations;
  • errors or defects will be corrected; or
  • this Site or the servers that make it available are free of viruses or other harmful components.

12. LIMITATION OF LIABILITY
Exclusion of liability

To the maximum extent permitted by law, HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms or the use of this Site by you or any other person.

Remedies limited

To the maximum extent permitted by law, HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at HubbCo's sole discretion):

  • in the case of goods, to any of the following:
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of the goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and
  • in the case of services:
    • the supply of the services again; or
    • the payment of the cost of having the services supplied again.
Release

You agree that your use of this Site is at your own discretion and risk. You agree to release HubbCo and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms or the use of this Site by you or any other person. HubbCo may plead this release as a bar and complete defence to any claims or proceedings.

Force majeure

To the maximum extent permitted by law, and without limiting any other provision of these Terms, HubbCo excludes liability for any delay in performing any of its obligations under these Terms where such delay is caused by circumstances beyond the reasonable control of HubbCo, and HubbCo shall be entitled to a reasonable extension of time for the performance of such obligations.


13. DEALINGS WITH THIRD PARTIES
Third Party Sites

Occasionally, we may make available through our Site, a link to a third-party website. These links will allow you to leave our Site. These third-party websites are not under our control and we do not accept any responsibility for the content, privacy practices, functions, accuracy, legality or appropriateness of any linked website or any link contained in a linked website, or any changes or updates to such site. When you access third-party resources on the internet, you do so at your own risk. Our links with any third-party website should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked third-party websites.

You acknowledge and agree that HubbCo shall not be responsible or liable, either directly or indirectly for any loss or damage caused by or in connection with your use of or reliance upon any content or the purchase of other goods or services obtained on such website(s).

Content supplied by third parties

This Site at various points, allows third parties (including other users of the Site) to advertise goods and/or services and to upload information and other content directly to this Site for our users to access. We do not act as agent for any such third parties and we take no responsibility, and assume no liability, for:

  • any such content that is, or may reasonably be considered to be, abusive, harassing, harmful, obscene, indecent, inflammatory, violent, profane, racially, ethnically or otherwise objectionable, libellous, defamatory, deceptive, pornographic, sexually explicit, unlawful or plagiarised;
  • any of the information supplied by such third parties (including opinions, ideas, suggestions, comments, observations, text, photographs, videos, data, music, sounds, chat messages, files or any other material); and/or
  • any loss or damage that results from any dealings that you may have with such third parties.
Third party goods/services and websites

We do not recommend or endorse any third party goods or services that are listed (including by other users of the Site), advertised, or referred to in this Site or the content of any third party websites. We are not responsible for the content of linked third party websites, websites framed within this Site or third party advertisements, and we do not make any representations, or provide any guarantees or warranties, regarding their content or accuracy. These links may unintentionally connect with websites containing information that some users may find inappropriate or offensive. Your use of any third party websites is at your own risk and subject to their respective terms and conditions of use.

User acknowledgements

You acknowledge that HubbCo does not:

  • check the truth or currency of any of the material or information that third parties provide or make available through this Site (including information published and/or disseminated by other users of the Site);
  • control, endorse, approve or warrant to you the merchantability or fitness for any particular purpose of any of the goods or services of any third parties (including other users of the Site) referred to in this Site or whose identities become known to you through this Site, including suppliers of content that is published or made available in or through this Site;
  • offer professional advice on the quality or suitability of any goods, services or information supplied by any such third parties (including other users of the Site); or
  • endorse or recommend any third party supplier (including other users of the Site) or any third party goods or services, including where details of the relevant supplier are provided by HubbCo to you or otherwise become known to you through this Site.
Disputes between users (including suppliers and retailers)

You are solely responsible for your interactions with other users (whether suppliers or retailers) listed on this Site and HubbCo is not a party to any transactions between you and such user (whether suppliers or retailers). We reserve the right, but have no obligation, to monitor and take action regarding any disputes between users (whether suppliers or retailers).

If you believe that any user from which you have purchased any goods or services through this Site has failed to provide those goods to you, or that those goods or services did not meet your expectations, please contact us to let us know so that we may take disciplinary action against that user (e.g. supplier) if we consider it appropriate at our discretion to do so. HubbCo will not, however, act on your behalf, or on behalf of any user (e.g. supplier), in respect of any dispute between you and another user (whether suppliers or retailers).


14. GENERAL
Interpretation

In these Terms, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms;
  • these Terms may not be construed adversely against HubbCo solely because HubbCo prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications

HubbCo may provide any notification for the purposes of these Terms by email and/or by adding the notification into your user control panel.

Interruptions

While we will always strive to ensure our Site and the Services we provide are operational, there are times when there could be unexpected temporary interruptions, including by way of example, maintenance, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements.

HubbCo, reserves the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of our Site and/or the Services, without any liability to you.

Costs

Except as specifically provided in these Terms, each party must bear its own legal, accounting and other costs associated with these Terms.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms without HubbCo's prior written consent. Your registration with this Site is personal to you and may not be sold or otherwise transferred to any other person.

HubbCo may assign, transfer or sub-contract any of its rights or obligations under these Terms at any time without notice to you.

Relationship

The parties acknowledge and agree that nothing in these Terms will constitute one party the partner of, employee of, agent of, or joint venturer with, the other and that, other than as expressly provided for in these Terms, no party will have the right to bind the other without the other’s prior written consent.

Third Party Rights

The agreement set out in these Terms are between you and us and no other person shall have any rights to enforce any of its terms.

No waiver

Waiver of any power or right under these Terms must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by HubbCo to act with respect to a breach by you or others does not waive HubbCo's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms are severable and, if any provision of these Terms is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed, and the remaining provisions shall be enforced.

Variation

We reserve the right to amend these Terms and any other policy on this Site at any time in our sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue, or impose limits on any aspect or content of this Site or the Services provided through this Site.

You may only vary or amend these Terms by written agreement with HubbCo.

Entire Agreement

These Terms together with our Privacy Policy, sets out the entire agreement between you and us in respect of your use of our Site and the Services.

Dispute Resolution

The parties agree:

  • to attempt in good faith to resolve any dispute between them in connection with any matter arising out of these Terms;
  • any agreement reached between the parties must be reduced to writing and will be binding on the parties;
  • where a dispute cannot be resolved informally as between the parties, and a period of ten (10) business days has elapsed, the parties must seek to agree on the procedural rules and timetable for resolving the dispute through mediation; and
  • such mediation is to occur by the appointment of a suitable mediator appointed by the parties, or in the absence of agreement, a mediator appointed by the Resolution Institute, or any entity which replaces it.

The Parties otherwise agree to submit to the jurisdiction of the Courts of New South Wales and, if applicable, the Commonwealth of Australia, in the event a dispute arising from the use of this Site or these Terms cannot be resolved.

Governing law and jurisdiction

These Terms (including any non-contractual obligations arising out of or in connection with them) are governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, and the courts of appeal from them.

Contact us

HubbCo prides itself on providing an exceptional customer service and we are always looking to improve on the Services we offer. If you have any queries, concerns or you are unhappy with our Site and/or the Services provided, and you would like to contact us, please do so by writing to us at [email protected]. We will endeavour to respond to you as soon as reasonably practicable.

Schedule 1 – Prohibited Conduct & Other Rules

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of this Site and its Services;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use this Site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use this Site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this Site;
  • use this Site by any automated means;
  • use this Site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of this Site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with this Site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this Site;
  • reproduce, duplicate, copy or store any of the material appearing on this Site other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with this Site;
  • do anything that leads, or may lead, to a decrease in the value of HubbCo's intellectual property rights in this Site;
  • use or exploit any of the material appearing on this Site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this Site;
  • release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to HubbCo without HubbCo's prior written consent;
  • share or reveal the personal information of other persons and the User Content should not reveal another person’s address, phone number, e-mail address, health care number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by us; and
  • use this Site to transmit any information or material that is, or may reasonably be considered to be:
    • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
    • libellous, defamatory, pornographic, sexually explicit, unlawful, illegal, criminal or plagiarised;
    • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right (including but not limited to, the intellectual property and proprietary right of HubbCo, other users of the Site, or any other third party);
    • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship, or any other duty of confidentiality that may arise at law or equity;
    • in breach of any person’s privacy or publicity rights;
    • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
    • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements, or solicitations; or
  • likely to bring HubbCo (and its agents or nominees) or any of its staff into disrepute.

YOU MUST:

  • ensure that all of your User Content is original, or you must have all necessary rights from third parties to allow you to use, publish or disseminate that User Content in the Site. If anyone has any intellectual property right to your User Content, or if anyone appears or is referred to in your User Content, then you must also have that person’s consent and authority to submit such User Content in the Site;
  • ensure that your User Content does not contain any visible logos, phrases, or trademarks belonging to third parties or other persons, and you must not use any User Content that belongs to other users, third parties, or any other person and pass it off as your own;
  • act appropriately at all times to HubbCo and its staff, agents, employees, and other users and third parties. Be respectful of other users’ opinions and comments so that a HubbCo network can thrive and grow which will benefit all users (including retailers and suppliers alike);
  • be original with your User Content and avoid copying other users, businesses, products, and information;
  • be honest and do not misrepresent yourself, your products, your business, or any of your User Content. You must not impersonate any other person, user, company, business, or product and you must not submit User Content that you believe or suspect to be false, fraudulent, deceptive, inaccurate, or misleading, incorrect or that misrepresents your product, business, or any other information that may otherwise be relevant for your profile in the Site; and
  • be careful with your private, personal, commercially sensitive, confidential, privileged information that you publish and disseminate in the Site. Whilst the Site encourages exchange of product information and content, you must understand and acknowledge that the semi-public nature of the Site will mean that User Content that you submit and share on the Site will be accessible and viewable by other users. You must not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) within the Site, unless it is requested by us, and necessary for the provision of the Services.

Last updated: 15 September 2020