TERMS & CONDITIONS
Welcome to hopstep!
To make it easier for you to understand the terms on which we provide our services, we’ve tried to keep these terms of use (Terms) as simple as possible by using plain English.
When we talk about “hopstep”, “we,” “our,” or “us” in these Terms, we are referring to hopstep Pty Ltd, an Australian business with ABN 88 664 982 718. When we talk about the “App” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
1 INTRODUCTION
These Terms set out the terms and conditions that apply when you use the App.
By using the App, ordering any goods or services through the App, or otherwise engaging with the content on the App, you represent and warrant that you:
(a) are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
(b) are the parent or legal guardian of a person under the age of 18 who intends to use the App, and you agree to be bound by these Terms on that person’s behalf.
Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.
2 ACCOUNT REGISTRATION
In order to use the App, you will be required to sign up for an account (hopstep Account) and using your hopstep Account credentials.
When you register for a hopstep Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
(a) maintaining the confidentiality and security of your hopstep Account information and your password; and
(b) any activities and those of any third party that occur through your hopstep Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your hopstep Account information or your password.
3 DISCLAIMERS
(a) (General Information) Any information on the App is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
(b) (No guaranteed outcomes) We make no representation or guarantee that any of the content on the App will be useful or relevant to you or that by using the content on the App you will achieve any particular outcomes.
(c) If you rely on any App content, you do so solely at your own risk.
(d) We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App.
4 ACKNOWLEDGEMENTS
You acknowledge and agree that:
(a) hopstep may change any features of the App offered through the App at any time without notice to you;
(b) unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us;
(c) as part of your use of the App, you may receive notifications, alerts, and other electronic communications. You are responsible for controlling your communications settings, which can be done in the notification settings on your phone;
(d) any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing;
5 FEES
The App, including your use of the App and access to the data and information provided by the App, are provided to you free of charge unless specified otherwise.
6 ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the App.
You agree:
(a) not to copy, reproduce, translate, adapt, vary or modify the App;
(b) not to use the App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the App or hopstep’s system security, or otherwise interfere with the normal function of the App, including by:
(i) gaining unauthorised access to hopstep Accounts or data about other users of the App;
(ii) scanning, probing or testing the App for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the App or hopstep’s system; or
(iv) instigate or participate in a denial-of-service attack against the App or hopstep’s system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the App comply with the Terms.
7 YOUR CONTENT
7.1 TYPES OF CONTENT
As part of using the App, you may be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app including chat features, sharing content via the app on social media or by contacting us, or when you register a hopstep Account (Posted Materials).
7.2 POSTED MATERIALS
By providing or posting any Posted Materials, you represent and warrant that:
(a) you are authorised to provide the Posted Materials;
(b) the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any profanity, offensive or explicit material;
(c) the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition;
(d) the Posted Materials do not infringe any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement (Intellectual Property Rights);
(e) the Posted Materials are accurate and true at the time they are provided;
(f) any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(g) the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
(h) the Posted Materials do not breach or infringe any applicable laws, regulations or orders.
7.3 POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to hopstep (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for hopstep to use, exploit or otherwise enjoy the benefit of such Posted Material.
7.4 REMOVAL OF POSTED MATERIALS
We don’t have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
8 OUR CONTENT
Unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the App, except to the extent permitted by law or where you have received prior written approval from us.
9 THIRD PARTIES
9.1 THIRD PARTY CONTENT
The App may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
9.2 THIRD PARTY LINKS
The App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
9.3 THIRD PARTY TERMS AND CONDITIONS
By using the App, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).
You agree to any Third Party Terms applicable to any third party goods and services, and hopstep will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
10 NOTICE REGARDING APPLE
If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) these Terms are between you and hopstep and not with Apple. Apple is not responsible for the App or any content available on the App;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the App;
(c) in the event of any failure of hopstep to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be hopstep’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of agreement when using the App; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
11 OPERATION OF THE APP DEPENDENT ON THIRD PARTIES
You acknowledge that the App are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.
12 SERVICE LIMITATIONS
The App are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
(a) the App will be free from errors or defects;
(b) the App will be accessible or available at all times;
(c) messages sent through the App will be delivered promptly, or delivered at all;
(d) information you receive or supply through the App will be secure or confidential; or
(e) any information provided through the App is accurate or true.
13 SECURITY
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process which you employ for accessing the App does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
14 LIABILITY
To the maximum extent permitted by applicable law, hopstep limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the App to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify hopstep and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the App and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
To the maximum extent permitted by law, under no circumstances will hopstep be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the App, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
15 CANCELLATION
15.1 CANCELLATION BY YOU
You are responsible for the cancellation of your hopstep Account. You can cancel your hopstep Account at any time by using the functionality provided in the app.
15.2 CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason.
We may also terminate your access to any or all of the App at any time without notice if you breach any provision of these Terms.
15.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your hopstep Account, we will delete any Posted Materials associated with your hopstep Account. You won’t be able to recover any of this after cancellation, termination or expiry of your hopstep Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your hopstep Account.
15.4 SURVIVAL
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
16 PRIVACY
You agree to be bound by the clauses outlined in hopstep’s Privacy Policy, which can be found here https://hopstep.com/privacy-policy-app
17 LOCATION OF SERVICES
hopstep controls the operation of the App from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the App will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.
18 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
19 GENERAL
19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
19.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
19.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
19.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
19.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.