Hipflask App Terms of Service
Thank you for visiting our website or mobile application (App). This App is owned and operated by Hpflsk Pty Ltd (ABN: 20 152 282 221/ACN: 152 282 221). By accessing and/or using this App and related services, you agree to these Terms and Conditions (Terms), which include our Privacy Policy (available at https://www.hipflaskapp.com/privacy) . You should review our Privacy Policy and these Terms carefully and immediately cease using our App if you do not agree to these Terms. We reserve the right, at our sole discretion, to modify or replace these Terms by posting updated terms on our website and mobile application. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the App or discontinue any use of the App immediately.
In these Terms, 'us', 'we' and 'our' means Hpflsk Pty Ltd and our related bodies corporate.
Registration
You may need to be a registered member to make orders, access our products and/or access certain features of our App.
When you register and activate your account, you will provide us with personal information such as your name and email address , telephone number and payment information. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://www.hipflaskapp.com/privacy.
It you provide information that is not accurate and current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, this will be removed and your account may be deactivated.
When you register and activate your account, you will choose a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this user name.
If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our App and your account on this basis.
Collection Notice
We collect personal information about you in order to recommend events to you, allow you to purchase event tickets on the platform and for purposes otherwise set out in our Privacy Policy at https://www.hipflaskapp.com/privacy.
We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law.
Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us as detailed in our Privacy Policy (available at https://www.hipflaskapp.com/privacy).
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms. If you do not provide this information, we may not be able to provide all of our products and services to you.
Accuracy, completeness and timeliness of information
The information on our App is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our App, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this App. You should monitor any changes to the information contained on this App.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this App or a linked App. You must take your own precautions to ensure that whatever you select for your use from our App is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the App (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the App updated. We are not liable to you or anyone else if errors occur in the information on the App or if that information is not up-to-date.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Purchases
You may purchase products or services on our App such as a data analytics subscription or one-off listing fees. Note that you are solely responsible for any taxes or surcharges on amounts you are required to pay in order to obtain services through our App. Fees will be charged and processed by our third party payment provider Stripe Australia Pty Ltd. Please refer to their legal information at the following address https://stripe.com/au/legal and support information at https://support.stripe.com/. All credit card details are stored in a secure data centre which is PCI-DSS compliant.
One-off listing fees apply to users who wish to list their event on our App. We reserve the right for any reason to refuse listing certain content and in these cases will take reasonable steps to refund the user who has submitted this content.
Our analytics service provides audience insights relating to App users which have explicitly “follow” the user and/or users which have expressly chosen to interact with an event created by the user. We may also apply aggregate user data to subscribers in order for them to make their event marketing more efficient. A subscription fee for our analytics service will be paid monthly by the user. A subscription may be terminated at any time by the user and the service will be continued until the last payment period has ended. We reserve the right to cancel a subscription, blocking access to the App at any time.
All refunds must be processed by our service team via email (support@hipflaskapp.com). Refunds may take up to 10 working days to process.
All prices quoted are in Australian Dollars and include local taxes (GST) unless specified otherwise. We reserve the right to refuse the sale of goods and services to any person or company.
We use third party ticketing companies to handle payment and fulfillment of ticket orders and in these cases the provider will be specified explicitly on our App. Tickets will be delivered either by email or mail by these providers. We do not provide any support, technical or otherwise, regarding the purchase and use of these event tickets. Although we make reasonable steps to protect purchases which are carried out through third parties linked to the App, we can not guarantee that these parties will abide by these same terms.
IN AUSTRALIA, OUR GOODS AND SERVICES COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. NOTHING IN THESE TERMS AND CONDITIONS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES AND UNDERTAKINGS, AND OTHER LEGAL RIGHTS, UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT AND OTHER LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY THE AUSTRALIAN CONSUMER LAW OR THE COMPETITION AND CONSUMER REGULATION 2010 ARE EXPRESSLY EXCLUDED WHERE PERMITTED, INCLUDING LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION.
Linked sites
Our App may contain links to websites or mobile applications operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites or mobile applications and have no control over or rights in those linked websites or mobile applications.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this App and in all of the material (including all text, graphics, logos, audio and software) made available on this App (Content).
Your use of this App and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this App or the Content. However we do grant you a licence to access the App and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of this App or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of this App, the Content or any part of it is prohibited, except to the extent permitted by law.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our App, including but not limited to:
If we allow you to post any information to our App, we have the right to take down this information at our sole discretion and without notice.
Account Termination
You hereby agree that we may, for any reason and at our sole discretion without prior notice, terminate your account and remove any content related to your account. Termination may include, but is not limited to any of these reasons:
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this App or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this App will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to this App, any Content, or any feature of this App at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our App and/or the information or materials contained on it, or as a result of the inaccessibility of this App and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the App and these Terms are governed by the law of Western Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia.
Complaints
If you think we have breached these terms, you can contact us using the information below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Support Officer
Hipflask
Hpflsk Pty Ltd
1186 Hay Street
West Perth 6005, Australia
support@hipflaskapp.com
Last updated 22nd August 2017. Document version 1.2