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Terms of Service

Effective: August 9, 2024

1. Overview

This website is operated by Hoozu Holdings Pty Ltd (ABN 62 616 314 464), trading as Huume MGMT (‘Us’, ‘We’, ‘Our’ or ‘Huume). Huume grants you the right to access and use the Huume website at https://huume.com/, or such other URL or respective mobile application advised from time to time (‘Huume Site’). This right is non-exclusive, non-transferable and limited by, subject to and conditional upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.

Please ensure you read, understand and agree to the following terms and conditions contained in this Agreement (“Terms and Conditions”), including those additional terms and conditions and policies referred in this Agreement and/or available by hyperlink. Without limitation, the Terms and Conditions apply to all users of the Huume Site, including browsers, vendors, customers, merchants and/or contributors of content. By using, accessing or engaging in the Huume Site, you agree to be bound by the Terms and Conditions.

Where permitted, Huume MGMT reserves the right to modify or revise the Terms and Conditions, in its sole discretion, at any time. By visiting and using the Huume Site, you agree to be bound by any and all subsequent modifications or revisions and to comply with any applicable laws and regulations. We recommend that Huume Site users review the most up-to-date version of the Terms and Conditions periodically.

We do not guarantee that the Website, or the Contents (as described in more detail below), will always be available or be uninterrupted. We may suspend, withdraw, discontinue, or change all or any part of the Huume Site. We will not be liable to you if for any reason the Huume Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Huume Site. You are also responsible for ensuring that all persons who access the Huume Site through your internet connection are aware of these Terms and Conditions and that they comply with them.

2. Personal Information

The personal information you submit or which is collected from you is governed by our Privacy Policy.  The Huume Privacy Policy describes how Huume collects, uses, ransfers, discloses and stores your personal data.  By creating a Huume account and using the Huume Sits, you confirm that you have read, understood and agreed to the Huume Privacy Policy, which is incorporated into these Terms and Conditions. To the extent there is an inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy as applicable shall govern. You are responsible for providing information that is accurate, current, and complete. If you provide information that is not accurate, current, or complete, or if Huume has reason to believe that information you provided is not accurate, current or complete, Huume has the right to prohibit you from any and all future use of the Huume Site. You can access our Privacy Policy by following this link [#insert].

3. Intellectual Property

The content on the Huume Site includes but is not limited to text, graphics, images, sketches, layouts, photographs, illustrations, trade marks, trade names, service marks, logos and information (“Content”). Ownership of the Content, in other words, ownership of all Intellectual Property Rights in such Content, remains with Huume or our licensors from which we have licensed Content. All rights not expressly granted in these Terms and Conditions are reserved to Huume and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Any use of the Content not expressly permitted by these Terms and Conditions is a material breach of these Terms and Conditions and may violate copyright, trade mark, and other Intellectual Property laws. Except as otherwise stated in these Terms and Conditions, you may not, without Huume’s written permission, “mirror” any Content contained in the Huume Site or any other server and you agree not to reproduce, duplicate, copy, archive, republish, sell, resell or exploit for any commercial purpose, any portion of the Huume Site or the Content.

4. Data

You grant Huume a royalty-free, non-exclusive, perpetual, irrevocable, worldwide, transferable,  license to use, copy, modify, distribute and sub-license any data you provide to Huume or the Huume Site.

You must maintain copies of all data inputted into the Huume Site. Huume may not maintain a copy of this data and does not guarantee that there will be no loss of data. Huume expressly excludes liability for any loss of data no matter how caused.

5. Use Of Site

You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Huume Site or in the Content. The use of the Content on any other site or in a networked computer environment for any purpose is prohibited. You may not use the Huume Site in any manner that could damage, disable, overburden, or impair the Huume Site, or interfere with any other party’s use and enjoyment of the Huume Site. You may not attempt to gain unauthorised access to the Huume Site through hacking, password mining or any other means.

When accessing and using the Huume Site, you must not do any of the following things:

      1. use robots, web-crawlers, or similar technology in connection with the Huume Site;
      2. take any action that may impact, or inflict an unreasonable or disproportionally large load of data on the Huume Site and the infrastructure used to host the Huume Site;
      3. attempt to undermine the security or integrity of Huume’s computing systems or networks or, where the Huume Site is hosted by a third party, that third party’s computing systems and networks;
      4. use, or misuse, the Huume Site in any way which may impair the functionality of the Huume Site, or other systems used to deliver the Huume Site or impair the ability of any other user to use the Huume Site;
      5. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Huume Site is hosted;
      6. transmit, or input into the Huume Site, any files that may damage Huume or any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
      7. attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any software and computer programs used to deliver the Huume Site or to operate the Huume Site except as is strictly necessary to use the Huume Site for normal operation.
      8. conduct load testing, penetration tests, port scans, vulnerability assessments or other similar performance or security testing except with prior approval from, and then in co-ordination with, Huume (the results of which shall be deemed Confidential Information of Huume);
      9. reverse engineer or decompile the Huume Site or any software comprised in the Huume Site, or attempt to do the same;
      10. use any Intellectual Property Rights owned or licensed by Huume under this Agreement to build or provide, or assist any other person or entity to build or otherwise provide, a competitive product or service to the Huume Site;
      11. use the Huume Site for purposes of product evaluation, benchmarking or other comparative analysis intended for publication or other disclosure without Huume’s prior written consent; or
      12. permit access to the Huume Site by any unauthorised person, including, without limitation, a competitor of Huume.

Huume has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Huume Site or access the Huume Site on behalf of ,or for the benefit of, anyone other than yourself (whether a body corporate or otherwise) you agree that you are responsible for ensuring that you have the right to do so in accordance with this Agreement.

The provision of, access to, and use of, the Huume Site is on an “as is” basis and at your own risk. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your data via the software and the Huume Site will comply with laws applicable to you (including any laws requiring you to retain records).

6. Hyperlinks from the Website

The Huume Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Huume does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Huume is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Huume Site. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Huume Site does not indicate Huume’s approval or endorsement of themf. If you choose to leave the Huume Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

7. No Reliance on Information

The material and Content on the Huume Site are provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Huume Site. Although Huume makes reasonable efforts to update the information and Content on the Huume Site, Huume makes no representations, warranties or guarantees, whether express or implied, that the information and/or Content on the Huume Site is accurate, complete or up-to-date.

8. Liability of Huume and Its Licensors and Partners

The use of the Huume Site and/or the Content is at your own risk. The Content and the Huume Site may include technical inaccuracies or typographical errors. Huume does not guarantee that the Huume SIte, or  the Content, will be free from errors or omissions. To extent permitted by law, Huume will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Huume Site, or use of or reliance on any Content displayed on the Huume Site.

Huume will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, system, network, software, computer programs, data, or other proprietary material due to your use of the Huume Site or to your use of any Content on it, or on any website linked to it.

Except as otherwise expressly permitted in this Agreement, you agree not to use the Huume Site for any commercial or business purposes, and to the extent permitted by law, Huume will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Huume Site or Content.

9. Indemnity

You will be responsible for, liable to us and indemnify us against any loss or damage suffered by you, your related parties, third parties and Huume as a result of your use of the Huume Site or Content other than as permitted under these Terms and Conditions. You agree to indemnify us in full against any liabilities, claims, costs, loss, or damage incurred as a result of any breach by you of these Terms and Conditions.

10. Jurisdiction and Notices

Huume makes no claims that the Content is appropriate or may be downloaded worldwide. Access to the Huume Site and Content may not be legal by certain persons or in certain countries. If you access the Huume Site and/or Content from outside Australia, you do so at your own risk and you are responsible for compliance with the laws of that jurisdiction.

Huume may give general notices to parties by posting on the Huume Site, or by electronic mail to the e-mail address provided by you to Huume. It is your responsibility to ensure that your e-mail address and any other contact information provided to Huume is updated, current and correct. It is your responsibility to also check these Terms and Conditions to see if there has been any modification. All notices to Huume shall be sent via nationally recognised overnight courier or certified mail, return receipt requested, to:

      1. Level 2, 383 George Street Sydney, NSW, 2000 Australia and
      2. gday@huume.com.au

11. Waiver and Severability

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

12. Intellectual Property Notice and Take Down Procedures

If you believe the Content (or any part thereof) accessible on or from the Huume Site infringes your Intellectual Property Rights or any other right, you may request removal of that content or materials (or access thereto) from the Huume Site by contacting Huume (address identified below) and providing the following information:

      1. identification of the work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
      2. identification of the Content that you believe to be infringing your Intellectual Property Rights and its location on the Huume Site. Please describe the Content, and provide us with its URL or any other pertinent information that will allow us to locate the Content;
      3. your name, address, telephone number, and (if available) email address.
      4. sufficient information to enable us to verify that you are the owner of, or authorised representative of, the Intellectual Property Rights in the content or materials in question .

13. Viruses and unauthorised access

We do not guarantee that the Huume Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, networks, software, computer programs, infrastructure and platform (including any licensed or third party hosted services) in order to access the Huume Site. You should use your own virus protection and security software. You must not misuse the Huume Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Huume Site, the server on which the Huume Site is stored, or any server, computer or database connected to the Huume Site.

14. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Huume on the Huume Site, these Terms and Conditions, including the Privacy Policy constitute the entire agreement between you and Huume with respect to the use of the Huume Site and the Content.

15. Contact Us

To contact us, please email gday@huume.com.au