Terms and Conditions of Use
Last Updated 1 June 2023
Welcome!
We’re glad you’re here. These Terms and Conditions of Use(“Terms”) govern our relationship with you as a user of HelloHuman.global’s products and services, including our website (together, we refer to these as our “Products”). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy. You also confirm that you have read and agree to our Community Guidelines.
Using HelloHuman.global You may use our Products only if you can comply with these Terms and all applicable laws. When you sign up for our Products you must provide us with accurate and complete information to allow us to create, verify, and maintain your account. You are not permitted to use our Products if you are under the age of lawful consent under the laws of your country of residence.
Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. Suppose you are using the Products on behalf of a business or other entity. In that case, you represent that you are authorized to bind that business or entity to these Terms, and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
Some of our Products may consist of software downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades.
By opening an account with us and providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your HelloHuman.global account information to ensure that your messages are not sent to the wrong person. You can opt-out of certain types of communications via your account settings.
1. Privacy
You acknowledge that you have read our Privacy Policy which describes how we handle the information you provide to us when you use our Products.
2. Your rights and responsibilities
HelloHuman.global is a place for people to meet new people, talk, tell stories, develop ideas, and deepen friendships. As part of this community, you must follow our Community Guidelines when you use our Products. You are responsible for any activity that occurs in your account, so it’s important that you keep your account secure. If you think that someone has gained unauthorized access to your account, please advise us immediately.
3. Recordings on HelloHuman.global
As explained in our Privacy Policy, HelloHuman.global does not record any conversations in our rooms. Participants may only record a conversation if explicit consent is obtained from all room participants.
4. Feedback you provide
We always love to hear from our users, but you are not required to provide us feedback. If you do provide feedback or suggestions to us, we may use your feedback and suggestions without compensating you and without any restriction or obligation to you. You agree that we will own all rights in any materials or other items we develop based on your feedback or suggestions.
5. Respect For Other People’s Legal Rights
HelloHuman.global respects the intellectual property rights of others, and we expect our users to do the same. You may not use our Products in a way that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
6. Safety
We try hard to ensure HelloHuman.global is a safe place for all users, and we expect you to do the same. By using our Products, you agree that you will comply with these Terms, including our Community Guidelines and any other policies HelloHuman.global makes available to maintain our Products’ safety. We reserve the right to remove any content from our Products for any reason or to limit its availability. We likewise reserve the right to terminate or suspend your account, or limit its availability, for any reason.
7. Third-Party Links And Services
Our Products may contain links to third-party websites, services, special offers or other events or activities that are not owned or controlled by HelloHuman.global. We do not endorse or assume any responsibility for any third-party sites, information, materials, products or services. If you access any third-party website, service or content from our Products, you do so at your own risk and you agree that HelloHuman.global will have no liability arising from your use of or access to any third-party website, service or content.
8. Payments
HelloHuman.global does not process payments for User Transactions or for any other activity. These services are provided by Stripe, Inc. and its affiliates (“Payment Processor”) and are governed by terms and conditions and other policies issued by the Payment Processor. By agreeing to these Terms, you also agree to the Payment Processor’s terms and conditions (https://stripe.com/connect-account/legal) and privacy policy (https://stripe.com/privacy) (together, the “Payment Processor Agreements”). HelloHuman.global is not a party to the Payment Processor Agreements, and is not responsible for Payment Processor’s services. HelloHuman.global assumes no responsibility for any payments you make or receive through our Products.
9. Modification And Termination Of The Products
We’re improving our Products and creating new ones all the time. That means we may add or remove features, products, or functions of our Products, and we may also suspend or stop providing our Products. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
HelloHuman.global may terminate or suspend this license and your access to our Products at any time, with or without cause or notice to you. HelloHuman.global may also limit your use of specific features in our Products with or without cause or notice to you. While we’ll try to give you reasonable notice beforehand, we can’t guarantee that will be possible in all circumstances. For example, we may deactivate your account due to prolonged inactivity.
You can terminate these Terms at any time and for any reason by cancelling your HelloHuman.global account. If you violate any provision of these Terms or our Community Guidelines, your authorisation to access our Products terminates automatically.
Regardless of who terminates these Terms, both you and HelloHuman.global continue to be bound by Sections 3, and 10-14 of the Terms notwithstanding termination.
10. Indemnity
You agree, to the maximum extent permitted by law, to indemnify, defend, and hold harmless HelloHuman.global and its respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), relating to (a) your access to or use of our Products, (b) any dispute between you and any third party, or (c) your breach of any of these Terms. HelloHuman.global may assume the exclusive control and defense of any matter for which you have a duty to indemnify HelloHuman.global and, if we do, you agree to cooperate with our defense of those claims.
11. Disclaimers
Our Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
HelloHuman.global SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
HelloHuman.global takes no responsibility and assumes no liability for any content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. HelloHuman.global does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.
12. Limitations Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HelloHuman.global WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
EXCEPT AS PROVIDED IN SECTION 13, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HelloHuman.global’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
13. Arbitration And Dispute Resolution
If you have a concern or dispute with HelloHuman.global, we would appreciate the opportunity to resolve it without having to resort to formal legal proceedings. You agree to notify HelloHuman.global in writing at tech@HelloHuman.global before filing any claims with a court or arbitration body so that we can attempt to resolve the issue with you. Your notice should include an explanation of your concern or dispute, how it arose, and what (if anything) you want HelloHuman.global to do to resolve it. If you and HelloHuman.global cannot resolve the dispute within 60 days of your notice, either you or we may file a formal proceeding in accordance with this Section 13.
Please read the following terms carefully.
(a) 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 compiled with (except where urgent interlocutory relief is sought).
(b) Notice
A party to the Terms claiming a dispute (‘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.
(c) Resolution
On receipt of that notice (‘Notice’) by the other party, the parties to the Terms (‘Parties’) must:
(i) Within 14 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.
(ii) If for any reason whatsoever, 30 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 their nominee.
(iii) 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 commencing. The Parties must each pay their own costs associated with the mediation.
(iv) The mediation will be held in Melbourne, Australia.
(d) 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.
(e) Terms of Mediation
If 6 months 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.
14. Venue and Jurisdiction
For any claims or disputes arising out of or relating to these Terms or use of the Products that are not resolved through Mediation under Section 13 of these Terms, you and HelloHuman.global agree to submit to the personal and exclusive venue shall be in the courts of Victoria, Australia.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, 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 or Victoria, 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.
16. 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.
17. 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.
18. Changes and Notifications
We may revise these Terms from time to time and the most current version will always be available on our website. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions. We may require you to accept the revised version of these Terms in order to continue to use our Products. If you do not agree to the new Terms, please stop using our Products. Except as described in this paragraph, these Terms can only be amended by a written agreement signed by you and HelloHuman.global.
19. Assignment
These Terms, and any rights and licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by HelloHuman.global without restriction. Any attempted transfer or assignment in violation of the above will be null and void.
20. Entire Agreement
These Terms, together with the Privacy Policy, Community Guidelines, and any amendments and additional agreements you may enter into with HelloHuman.global in connection with our Products, constitute the entire agreement between you and HelloHuman.global concerning our Products. If any provision of these Terms is deemed invalid or unenforceable by a Court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect
21. No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and HelloHuman.global’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision
This Website is operated by HelloHuman.global (ABN 53 645 335 557). Access to and use of the Website, or any of the associated products or services is provided by HelloHuman.global.
These Terms are effective as of 15 July 2022.