These Website Terms of Service (these “Terms of Service”) is agreed to between Charlie Technology Malaysia Sdn. Bhd., 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 READ THESE TERMS OF SERVICE. BY ACCESSING OR USING THE WEBSITE AND CONTENT, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, HUBSTER IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE WEBSITE AND CONTENT AND YOU MUST NOT ACCESS OR USE THE 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.
1. DEFINITIONS. Terms used in these Terms of Service have the definitions given in these Terms of Service or, if not defined in these Terms of Service, have their plain English meaning as commonly interpreted in Malaysia, even if Hubster provides a translated version of these Terms of Service. To the extent any ambiguity or inconsistency exists between the English version of these Terms of Service and a version in any other language, the English (as interpreted in Malaysia) version of the Terms of Service controls. A reference to our affiliates includes our related corporations (as defined in the Companies Act 2016 (Act 777)).
2. TERM. These Terms of Service are entered into as of the earlier of the date You first accessed or used the Website and Content (the "Effective Date") and will continue until terminated as set forth herein.
3. MODIFICATIONS. Hubster reserves the right, at any time, to modify the Website and Content, with or without notice to You, by making those modifications available on the Website. Hubster also reserves the right, at any time, to modify these Terms of Service. Hubster will inform You of the presence of any changes to these Terms of Service by posting those changes on the Website or by providing You with notice through the Website. Any modifications will be effective immediately upon posting on the Website or delivery of such notice through the Website. You may terminate these Terms of Service as set forth below if You object to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Website and Content following such notice period.
4.1. Restricted Access. This Website is not available or intended for children under 18 years of age. You may only use this Website if you are at least 18 years of age. By using this Website, you represent
that you are at least 18 years of age. We reserve the right to exclude and deny access to any person that we believe in our absolute discretion is not at least 18 years of age.
4.2. To the Website. Subject to Your compliance with these Terms of Service, Hubster will permit You to access and use the Website and Content solely for lawful purposes and only in accordance with these Terms of Service and any other agreement You agree to with Hubster before being given access to any specific aspects of the Website. Any additional agreement is in addition to these Terms of Service and will govern Your use of the portions of the Website to which the additional agreement applies in the event of a conflict between the terms of these Terms of Service and the additional agreement.
5. CONTENT AND THIRD PARTY SERVICES.
5.1. Content. Unless otherwise noted on the Website, all Content available through the Website or Content, including all text, audio, video, photographs, illustrations, graphics, testimonials, and other media, is owned or licensed by Hubster other third party providers. All Content is provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use of any Content. Hubster has not verified the accuracy of, and will not be responsible for any errors or omissions in any Content. Hubster makes no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Except as set forth in this Terms of Service, You are granted no licenses or other rights in or to any Content, or any IPR (as defined in section 9 below) therein or related thereto. If You would like to use any Content in a manner not permitted by this Terms of Service, please contact Hubster at email@example.com.
5.2. To Third-Party Services. The Website may provide You with the choice to access certain services developed, provided, or maintained by other third-party service providers ("Third Party Services"). In addition to the terms of these Terms of Service, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to the Third Party Services (each, a "Third Party Service Agreement"). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of these Terms of Service, but will not apply to any other services You may access through the Website. Except as set forth in these Terms of Service, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of these Terms of Service and that Third Party Service Agreement.
6. TERMINATION. These Terms of Service may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under these Terms of Service. Except as otherwise stated in these Terms of Service, upon termination or expiration of these Terms of Service for any reason: (1) all rights and subscriptions granted to You under these Terms of Service will terminate; and
(2) You will immediately cease all use of and access to the Website and all Content and services (including, without limitation, all Content You obtained prior to termination). Sections titled Definitions, Termination, Suspension, Content and Third Party Service Providers, Website Technology, Ownership, Representations and Warranties, Indemnity, Limitation on Liability, Data Privacy, Feedback, Disputes, Governing Law and Venue, Notices, Linked Sites, and Additional Terms will survive any expiration or termination of these Terms of Service.
7. SUSPENSION. Without limiting Hubster’s right to terminate these Terms of Service, Hubster may also suspend Your access to the Website or any Content, with or without notice to You, upon any actual, threatened, or suspected breach of these Terms of Service or applicable law or upon any other conduct deemed by Hubster, in its sole discretion, to be inappropriate or detrimental to the Website, Hubster, or any other User or third party.
8. WEBSITE TECHNOLOGY. The Website, Content, and the databases, software, hardware, and other technology used by or on behalf of Hubster to operate the Website, and the structure, organization, and underlying data, information and software code thereof (collectively, the "Technology"), constitute valuable trade secrets of Hubster. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms of Service; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) use automated scripts to collect information from or otherwise interact with the Technology;
(4) alter, modify, reproduce, or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of Your rights to access or use the Technology or otherwise make the Technology available to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (8) monitor the availability, performance, or functionality of the Technology; or (9) interfere with the operation or hosting of the Technology.
9. OWNERSHIP. Hubster retains all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Technology and any additions, improvements, updates, and modifications. You receive no ownership interest in or to the Technology and You are not granted any right or license to use the Technology itself, apart from Your ability to access the Website and Content under these Terms of Service. The Hubster name, logo, and all product and service names associated with the Website and Content are trademarks of Hubster and its licensors and third-party providers and You are granted no right or license to use them.
10. REPRESENTATIONS AND WARRANTIES.
10.1. Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms of Service; (b) these Terms of Service forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms of Service and to grant the rights and licenses described in these Terms of Service.
10.2. Compliance with Laws. You acknowledge that the Website is a general purpose online service and is not specifically designed to facilitate compliance with any specific law. You represent and warrant to Hubster that Your use of and access to the Website, including any Third Party Services, will comply with all applicable laws, rules, or regulations (“Laws”) and will not cause Hubster itself or any other third-party to violate any applicable Laws. You should make your own independent inquiries and assessments with respect to any services which are available or which are to be offered as well as any information you obtain from this Website. Hubster is not responsible for notifying You of any such Laws, enabling Your compliance with any such Laws, or for Your failure to comply. You agree that you will not use this Website to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use this Website or its content in connection with unsolicited commercial messages.
10.3. Except as required by law, We do not assume any duty of care in relation to a Website, Content or any information or material accessible from it. In many cases, information which is accessible from the Website may be placed by third-parties. We are unable to warrant the accuracy of any such content provided by third-parties including on any blogs, social medial pages or similar formats which we may maintain from time to time.
10.4. No statement which is made on this Website is an endorsement by Us of any third-party, unless otherwise specifically indicated by Us, or where required by law and you acknowledge that We do not and are unlikely to be in a position to have verified the accuracy of statements provided to Us by third- parties.
10.5. No Warranties; Disclaimer.
10.5.1. THE WEBSITE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." HUBSTER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE WEBSITE, CONTENT, OR THE PRODUCTS OR SERVICES ADVERTISED ON THE WEBSITE AND DOES NOT ENDORSE THE PRODUCTS, SERVICES, VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE WEBSITE. HUBSTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, CONTENT, SERVICES AND OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBSTER, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
10.5.2. HUBSTER MAKES NO WARRANTY THAT (a) THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. INDEMNITY. You hereby agree to indemnify, defend, and hold harmless Hubster and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) Your access to or use of the Website, or any Content; (2) Your collection and disclosure of any Content, (3) Your violation of applicable Laws; and (4) Your breach of any representation, warranty, or other provision of these Terms of Service or Third Party Service Agreement. Hubster will use reasonable efforts to provide You with notice of any such claim or allegation, and Hubster will have the right to participate in the defense of any such claim at its expense.
12. LIMITATION ON LIABILITY. HUBSTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE WEBSITE AND CONTENT, EVEN IF HUBSTER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS
INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. HUBSTER’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE AND ALL CONTENT PROVIDED UNDER THESE TERMS OF SERVICE OR THROUGH THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED MYR 500. YOU AGREE THAT HUBSTER WOULD NOT ENTER INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGES IS NOT PERMITTED, HUBSTER’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. FEEDBACK. If You provide Hubster any feedback or suggestions regarding the Website and Content (“Feedback”), You hereby assign to Hubster all rights in the Feedback and agree that Hubster shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You. Hubster will treat any Feedback You provide to Hubster as non- confidential and non-proprietary. You agree that You will not submit to Hubster any information or ideas that You consider to be confidential or proprietary.
15. DISPUTES. The parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms of Service, including the formation, validity, binding effect, interpretation, performance, breach or termination, of these Terms of Service and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms of Service (each, a "Dispute"), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within five days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the Asian International Arbitration Centre ("AIAC") in accordance with the AIAC Arbitration Rules then in effect (the "Rules"). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the "Initial Period") after either party to these Terms of Service delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Hubster in Malaysia. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pled to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement. Nothing in this Section 15 shall prevent either party from seeking interim equitable (including injunctive) relief in any court or with any governmental body having competent jurisdiction.
16. GOVERNING LAW. The interpretation of the rights and obligations of the parties under these Terms of Service, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of Malaysia.
17. NOTICES. Unless otherwise specified in these Terms of Service, any notices required or allowed under these Terms of Service will be provided to Hubster by postal mail to the address for Hubster listed on the Website. Hubster may provide You with any notices required or allowed under these Terms of Service by sending You an email to any email address You provide to Hubster, provided that in the case of any notice applicable both to You and other Users of the Website, Hubster may instead provide such notice by posting on the Website. Notices provided to Hubster will be deemed given when actually received by Hubster. Notice provided to You will be deemed given 24 hours after posting to the Website or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
18. LINKED SITES. The Website and Content may contain links to third-party sites or content that are not under the control of Hubster. If You access a third-party site or content from the Website, then You do so at Your own risk and Hubster is not responsible for any content on any linked site. You may establish a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of Your site by Hubster or any group or individual affiliated with Hubster. You may not use on Your site any Content or marks appearing on the Website in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Website without prior written consent.
19. ADDITIONAL TERMS. Unless otherwise amended, these Terms of Service will exclusively govern Your access to and use of the Website and Content, and is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding Your access to and use of the Website and Content. All waivers by Hubster under these Terms of Service must be in writing or later acknowledged by Hubster in writing. Any waiver or failure by Hubster to enforce any provision of these Terms of Service on one occasion will not be deemed a waiver by Hubster of any other provision or of such provision on any other occasion. If any provision of these Terms of Service is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to these Terms of Service will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal. You agree that each of Hubster’s service providers shall be considered a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if a service provider were a party to these Terms of Service. Neither these Terms of Service nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of Hubster. Any assignment in violation of the foregoing will be null and void. Hubster may assign these Terms of Service to any party that assumes Hubster’s obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
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 firstname.lastname@example.org 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.