Terms & Conditions

Terms And Conditions

Introduction

These terms and conditions (the “Terms”) of Hiive, expressly declare and outline the rules and regulations for the use of Hiive services. The Terms and Conditions are conditions precedent for the use of the Hiive. By accessing/using/recommending/signing up/referring to someone/opening a link to the Hiive, we assume you accept these terms and conditions, and you declare that you expressly accept the Terms and Conditions of Hiive without any force and coercion. You are hereby warned and made clear without any kind of ambiguity that if you do not accept these Terms you may not proceed further. You are also being made aware that if you sign up/move forward/access/recommend to someone without accepting the Terms, you would keep Hiive, its owners/affiliates/employees and all person affiliated with Hiive, harmless and you waive off all your rights to sue the Hiive its owners and all affiliates. Do not continue to use Hiive if you do not agree to take all of the Terms stated on this page.

1. About us/Services

We are digital service provider that provide you the services of a third party carrier on out platform, via which you can place requests as desired by you. The carrier has a license that has been issued by us to interact with you and provide services.

These terms serves as a binding legal contractual document between you and Hiive and all he terms and conditions are binding on both the parties.

You are bound to read the Terms before availing the services available on our platform, and you bound yourself to the Terms.

We reserves the right to review and change any of the Terms by updating this page at its sole discretion. When we updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Definitions

In these Terms:

Hiive or we or us means Hiive, the platform that is providing you the services.

Applicable Carrier means a specific carrier as requested in a Specific Booking Request.

Authorised Recipient means the person or company to whom the Consignment is to be delivered.

Authorised Sender means a person who is authorised to provide the Carrier with the Consignment at the pick-up address.

Booking means a booking placed by you through the Platform for the provision of the Carrier Services which has been processed by Hiive and communicated to the Carrier via the Platform and accepted by the Carrier.

Booking Request means a booking request made by you for a Carrier to provide the Carrier Services on the Platform in accordance with clause 6 of these Terms.

Carrier means the individual (including a person trading under a business name), partnership or entity approved by Hiive to use the Platform and includes any employee of such Carrier.

Carrier Services means the provision of services whereby a Carrier will pick up a Consignment from one location and deliver to another location for you pursuant to the Booking.

Consignment means the item or items which is/are carried by the Carrier in performing the Booking.

Delivery Fee means the amount inclusive of GST displayed on the Platform as being payable by you on completion of the Carrier Services pursuant to the Booking.

Dispute means a dispute, controversy or claim arising out of or in connection with these Terms.

GST means Goods and Services Tax pursuant to Goods and Services Tax Act 1985.

Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Hiive or suffered, incurred or paid by Hiive (howsoever arising) in respect of, arising out of or in connection with the Carrier Services provided by that Carrier (or any of the Carriers’ employees or agents), a violation of any law by the Carrier, or a breach of the terms, conditions, covenants, warranties and representations (express or implied) contained in these Terms on the part of the Carrier (or any of the Carrier’s employees or agents) and include loss of data, interruption of business or any consequential or incidental damages.

Mobile Application means the apple or android app titled ‘Hiive’ owned by Hiive.

Onboarding means the online registration process on the Platform.

Pick-Up Time means the earliest time at which the Consignment will be available for collection at the pick-up address.

Platform means the suite of software applications including the Support that enables you to book a Carrier offered via the Mobile Application or the Website.

Specified Booking Request means a Booking Request made by you that is offered to an Applicable Carrier.

Site Content means all material, content and information made available on the Platform and/or Hiive’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform or Website, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.

Support means the technical support, resources and information, payment and maintenance services for the Platform and updates to the Platform software that Hiive may make generally available to you and the Carrier.

Terms means the terms and conditions set out in this document.

Tax means income tax, payroll tax, stamp duty, GST, superannuation and all other applicable taxes or duties.

You (including ‘you’ without capitalisation) or your means a person who is a customer of the Platform and uses and accesses the Platform, including any person who creates a User Account and creates a Booking Request.

User Account means a profile created on the Platform by you and includes your title, full name, residential address, phone number and credit card details.

Website means the website at the domain name https://www.Hiive.com.au/ (or such other domain name as Hiive may use in relation to the Platform from time to time).

3. Registration

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Password
You warrant that any information you give to Hiive in the course of completing the registration process will always be accurate, correct, and up to date.
Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the As a Member, you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period ‘).
You may not use the Services and may not accept the Terms if:
1. you are not of legal age to form a binding contract with Hiive; or
2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the

Your obligations as a Member

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:
1. the Terms; and
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or email Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Hiive of any unauthorised use of your password or email address or any breach of security of which you have become aware;
access and use of the Website is limited, non-transferable, and allows for the sole use of the Website by you for the purposes of Hiive providing the Services;
You declare that anything that is against the law is not permissible and make yourself bound by your act, and make responsible for the outcomes of the acts that are against the law.
you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Hiive;
you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Hiive for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4. Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of:

Electronic funds transfer (‘EFT ‘) into our nominated bank account
Credit Card Payment (‘Credit Card ‘)
Stripe System

All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

You agree and acknowledge that Hiive can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

5. Refund Policy

Hiive will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Hiive makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund ‘). No refund is applicable or claimed in any manner whatsoever, except as provide above.

6. Copyright and Intellectual Property

The Website, the Services and all of the related products of Hiive are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Hiive or its contributors.

All trademarks, service marks and trade names are owned, registered and/or licensed by Hiive, who grants to you a worldwide, non-exclusive, royalty- free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial

Hiive does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Hiive.

Hiive retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Hiive and the permission of any other relevant rights owners: broadcast, republish, Sell, rent or sub-license, reproduce, duplicate or copy, redistribute content, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions and it’s linking policies at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

8. Confidential Information

You hereby declare that any confidential information related to anyone that is acquired during the course of the use of this Website, shall be kept to yourself and shall not be made public in any manner. You shall not make public any conversation, pictures, and videos of any one that were disclosed to you without the written consent of the person. Any claim arising out the dispute regarding the confidential information shall be the responsibility of the users and the website and Hiive shall be placed unharmed and no action can be taken against Hiive.

9. Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.

10. Privacy

Hiive takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Hiive’s Privacy Policy, which is available on the Website and can be viewed at https://hiive.com.au/.

11. Content Liability

Hiive shall not in any manner whatsoever shall be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is arising on our Website. No link should appear on Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

12. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Hiive will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or

All the information/links/profiles/pictures/information on the Website that can be accessed at https://hiive.com.au is published in good faith and for easement of people without providing any fundamental right of access and is for general information purpose only. Any action you take upon the information you find on this Website, is strictly at your own risk, Hiive shall not be liable for any losses and/or damages in connection with the Website or Hiive its affiliates, employees, agents, contributors and licensors.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hiive make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Hiive) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Hiive; and
the Services or operation in respect to links which are provided for your convenience.

13. Limitation of liability

Hiive’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Hiive, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

14. Termination of Contract

The Terms will continue to apply until terminated by either you or by Hiive as set out below.
If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing Hiive with 14 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where Hiive has made this option available to
Your notice should be sent, in writing, to Hiive via the ‘Contact Us’ link on our homepage.
Hiive may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any
provision;
- Hiive is required to do so by law;
- the provision of the Services to you by Hiive is, in the opinion of D & M Shout, no longer commercially
Subject to local applicable laws, Hiive reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Hiive’s name or reputation or violates the rights of those of another party.

15. Indemnity

You agree to indemnify Hiive, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the

16. Dispute Resolution

Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice:

A party to the Terms claiming a dispute (the ‘Dispute ‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution:

On receipt of that notice (the ‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation The Parties must each pay their own costs associated with the mediation;

Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation:

If 3 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

The Services offered by Hiive is at this time intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be an Arbitrator who shall be appointed by both the parties and if the dispute is not resolved the same shall be resolved by the courts of Australia.

18. Governing Law

The Terms are governed by the laws of the Courts of Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules.

The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

21. Contact us

In case you have any kind of query or question regarding the Terms and Conditions you may contact us at justin@hiive.com.au