Terms & Conditions

HYPEST MARKETPLACE TERMS & CONDITIONS

Welcome to Hypest! 

Hypest is a platform that brings together the global health and fitness community together to deliver workout plans, meal plans and everything else in-between! Think you have quality content to offer? Share it with the community and monetise your efforts!

WHAT PARTS OF THESE TERMS APPLY TO ME? 

These Hypest Marketplace Terms & Conditions (this “agreement”) governs your use of the Hypest platform (Platform) and any other services made available through the Platform.

By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Hypest Software Pty Ltd trading as ‘Hypest’ ABN 89 655 990 033 (“Hypest”,”we”, “our” or us).

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Content Creators), which sets out additional terms that apply to Content Creators, being Users who register as a Content Creator to create content in relation to health and fitness; and
• Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account, or otherwise receive health and fitness content through the Platform.

If you intend to use the Platform as a Content Creator, only Parts A and B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you.

HOW DO I READ THIS AGREEMENT?

When we talk about the “Services” in this agreement, 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.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service, or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

We may update any part of this agreement at any time without notice to you.

By continuing to use the Platform, or order, accept or pay for any Services by means of the Platform, after such an update, you agree to be bound by this agreement as amended.

We encourage you to check the date at the top of this agreement to see when we last updated it.

Capitalised words and phrases used in this agreement have the meaning given by the word immediately preceding any bolded and bracketed word(s) or phrase(s).

• All Users
  

  DISCLAIMER Before you use any of our Services, please make you read and understand the below. (Introduction service) Hypest is a medium that facilitates the introduction of Customers and Content Creators for the purposes of supporting the global health and fitness community and connecting health and fitness content creators to an audience. Hypest simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Content Creators in relation to such services or otherwise resulting from the introduction. Be responsible – You acknowledge and agree that you will use Hypest’ Services responsibly. You agree that you will check with your medical physician before using our Services and engaging a Content Creator, especially if you are pregnant, breastfeeding, injured, feeling ill, or if you are on other medication or not in the right state of mind, including if you have been diagnosed with a medical condition or illness. Hypest and it’s Content Creators will not be responsible for any loss, damage, liability, expense, claim, injury, illness or death (Loss) associated with our services, your access to this Website, or the purchase or use of our Services if you are misusing the Services. Results not guaranteed – You acknowledge and agree that you are not guaranteed to achieve any specific personal or medical outcomes or results by using our Services. While Hypest’ Services are intended to optimise your health by connecting you to the Content Creator of your choice, we do not guarantee, warrant or represent that, as a result of using our Service, a specific outcome for you will occur or that that you, will achieve any growth or particular outcome or that any growth or particular outcome will occur at all. You agree to make your own independent assessments and evaluations prior to relying on any information, testimonials, recommendations and advice provided by Content Creators on this Website or as part of Hypest providing you with the Services or services.

• ELIGIBILITY

• • This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
  • over the age of 18 years and accessing the Platform for personal use; or
  • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
  • Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
  • If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

• ACCOUNTS

• • In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  • As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Hypest from time to time.
  • You warrant that any information you give to Hypest in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
  • You may register for an Account using your Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
  • Once you complete the Account registration process, Hypest may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
  • Hypest reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
  • Hypest may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

• USER OBLIGATIONS

• • As a User, you agree:
  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Hypest of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
  • in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
  • in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Hypest;
  • not to act in any way that may harm the reputation of Hypest or associated or interested parties or do anything at all contrary to the interests of Hypest or the Platform;
  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Hypest;
  • that Hypest may change any features of the Platform or Services offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Hypest or another User including a Content Creator, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that Hypest may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

• POSTED MATERIALS

• • WARRANTIES
  • By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
  • you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  • the Posted Material is accurate and true at the time it is provided;
  • any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
  • the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  • the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
  • the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  • the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  • the Posted Material does not breach or infringe any applicable laws.
  • LICENCE
  • You grant to Hypest 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 any Posted Material in order for Hypest to use, exploit or otherwise enjoy the benefit of such Posted Material.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Hypest from any and all claims that you could assert against Hypest by virtue of any such moral rights.
  • You indemnify Hypest against all damages, losses, costs and expenses incurred by Hypest arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
  • REMOVAL
  • Hypest acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Hypest may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.
  • REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
  • Without limiting clause 5(b), Hypest will have no liability or obligation to you, and you will not be entitled to any compensation from Hypest, if:
  • we cancel the account of a Customer or Content Creator;
  • a Customer or Content Creator cancels at any time; or
  • for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
  • Nothing in this clause 5(b) is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).

• IDENTITY VERIFICATION

• • (Verification) We may offer or require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).
  • (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
  • we may contact and share your personal information with a Verification Service  to verify your details;
  • you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
  • (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
  • (Warranty and Indemnity) You acknowledge and agree that:
  • we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
  • you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
  • we do not endorse any User, Service Listing or Verification Service.

• ONLINE PAYMENT PARTNER

• • We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
  • The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
  • You warrant that you have read, understood and agree to be bound by:
  • Stripe’s terms at https://stripe.com/au/legal; and
  • Stripe’s privacy policy at https://stripe.com/en-au/privacy.
  • You agree to release Hypest and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
  • We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.

• SERVICE LIMITATIONS

• • The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Hypest cannot and does not represent, warrant or guarantee that:
  • the Platform will be free from errors or defects;
  • the Platform will be accessible at all times;
  • messages sent through the Platform will be delivered promptly, or delivered at all;
  • information you receive or supply through the Platform will be secure or confidential; or
  • any information provided through the Platform is accurate or true.

• INTELLECTUAL PROPERTY

• • Hypest retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
  • You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Hypest or as permitted by law.
  • In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

• THIRD PARTY CONTENT

• • The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Hypest accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the viewability, quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

• THIRD PARTY TERMS

• • Any service that requires Hypest to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies. You acknowledge and agree that Third Party Terms will apply to your use of the Platform, including the following terms & conditions of Youtube, available here: https://www.youtube.com/static?template=terms HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU” HYPERLINK “https://www.youtube.com/static?template=terms HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”& HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”gl=AU” HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”& HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU” HYPERLINK “https://www.youtube.com/static?template=terms HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”& HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”gl=AU” HYPERLINK “https://www.youtube.com/static?template=terms&gl=AU”gl=AU.
  • Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Hypest to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

• DISPUTES BETWEEN USERS

• • You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
  • If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Hypest via <info@hypestapp.com>. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
  • Any costs you incur in relation to a complaint or dispute will be your responsibility.
  • Hypest has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
  • Hypest reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
  • If you have a dispute with Hypest, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
  • Notwithstanding any other provision of this clause 12, you or Hypest may at any time cancel your Account or discontinue your use of the Platform.

• SECURITY

• • Hypest does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

• DISCLAIMER

• • (Introduction service) Hypest is a medium that facilitates the introduction of Customers and Content Creators for the purposes of supporting the global health and fitness community and connecting health and fitness content creators to an audience. Hypest simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Content Creators in relation to such services or otherwise resulting from the introduction.
  • (Limitation of liability) To the maximum extent permitted by applicable law, Hypest excludes completely 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 Platform or its use or any services provided by any Content Creator. This includes the transmission of any computer virus.
  • (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
  • (Consumer law) 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.
  • (Indemnity) You agree to indemnify Hypest and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
  • breach of any term of this agreement;
  • use of the Platform; or
  • your provision or receipt of Services from another User.
  • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Hypest 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 Platform, this agreement or their subject matter, or any services provided by any Content Creator (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

• CONFIDENTIALITY

• • You agree that:
  • no information owned by Hypest, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
  • all communications involving the details of other users on this Platform and of the Content Creator are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

• PRIVACY

• • You agree to be bound by the clauses outlined in Hypest’s Privacy Policy, which can be accessed here <https://hypestapp.com/privacy/
  • >.

• COLLECTION NOTICE

• • We collect personal information about you in order to [to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries] and for other purposes set out in our Privacy Policy.
  • Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

• NOTICE REGARDING APPLE 

• • If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
  • this agreement is are between you and Hypest and not with Apple. Apple is not responsible for the Services or any content available on the Services;
  • Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
  • in the event of any failure of Hypest to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Hypest’s responsibility;
  • Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
  • product liability claims;
  • any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation;
  • in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
  • that you represent and warrant that:
  • 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
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
  • you must comply with applicable third party terms of this agreement when using the Services; and
  • Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

• TERMINATION

• • Hypest reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
  • In the event that a User’s Account is terminated:
  • the User’s access to all posting tools on the Platform will be revoked;
  • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
  • the User may be unable to view the details of other Content Creators (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
  • Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Hypest will effect such termination within a reasonable time after receiving written notice from the User.
  • Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

• TAX

• • You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Hypest will not be held accountable in relation to any transactions between Customers and Content Creators where tax related misconduct has occurred.

• RECORD/AUDIT

• • To the extent permitted by law, Hypest reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Hypest.

• NOTICES

• • A notice or other communication to a party under this agreement must be:
  • in writing and in English; and
  • 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.
  • 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:
  • 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 or territory; or
  • when replied to by the other party,
  • whichever is earlier.

• GENERAL

• • GOVERNING LAW AND JURISDICTION
  • This agreement is governed by the law applying in Australian Capital Territory, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (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;
  • (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;
  • (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;
  • (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;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word “includes” and similar words in any form is not a word of limitation; and
  • (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.

• Content Creators

• ELIGIBILITY AND QUALIFICATIONS

• • You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.
  • If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Hypest that you do hold such Qualifications and if requested, will promptly provide Hypest with evidence of the Qualifications.
  • You must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. Hypest is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify Hypest against any claim that may arise in connection with your eligibility to work with people under 18 years old.

• SERVICE LISTINGS

• • If we approve your Account as an Artist in accordance with clause 2 of Part 1, you acknowledge and agree that:
  • you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide Services (Service Listing);
  • Hypest may choose not to accept any Service Listing you submit to the Platform, and Hypest may limit the number of Service Listings you can submit to the Platform;
  • any information you supply in a Service Listings must be true, timely and accurate;
  • you must take all reasonable steps to complete the Services as described in every Service Listing that is accepted by a Customer, including by not cancelling any part of such a Service Listing;
  • you must deal with any dispute with a Customer in accordance with clause 12 the Platform of Part A;
  • any additional terms and conditions relating to a Service Listing are solely between you and the relevant Customer and do not involve Hypest in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement;
  • Hypest will have no responsibility for the accuracy, reliability or timeliness of any Customer’s response to a Service Listing; and
  • obligations under Clause 4 of Part A apply to all content you upload to your Account, and that all such content must not be harmful, dangerous, offensive, discriminatory or defamatory in any way.

• SERVICE REQUESTS

• • From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests). The Platform will generally direct you to Service Requests that are related to your Service Listings, though Hypest does not guarantee this.
  • When the Platform directs you to a Service Request, you will be able to view details of the specific services requested, however you will not be able to view the contact details of the Customer who submitted the Service Request.
  • If you pay the relevant fees set out on the Platform in respect of unlocking a Service Request, you will be able to view the details of the Customer who posted that Service Request.

• PROVISION OF SERVICES

• • You must ensure that all services specified in a Service Listing that is accepted by a Customer are provided:
  • in accordance with all applicable laws, regulations, tax obligations and industry standards;
  • with due care and skill and in a professional, punctual and diligent manner;
  • so that the services are fit for their intended purpose; and
  • on the date and at the times set out in the Service Listing.
  • You acknowledge and agree that a Customer may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement.

• FEES 

• • Viewing the Platform, starting an Account and posting a Service Listing is free.
  • The Service Listing must include a base price of the Services (Base Price). If a Customer intends on committing to a Base Price on your Account, the Customer can make payment either by:
  • being prompted to pay the amount (GST inclusive) specified for the Base Price on the Platform; or
  • paying an additional amount determined and selected by the Customer via a scroll wheel function in increments of $1.
  • Once the Customer determines the final price in accordance with clause 5(b) (Final Price), they will be prompted to pay the Final Price to you, of which, Hypest takes a percentage of each amount paid to you by the Customer (Service Fee) (together, the ‘Service Listing Fee’).
  • The balance of the Service Listing Fee minus the Service Fee (Your Fee) will be held in our Online Payment Partner account, by the Online Payment Partner, which is then transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions.
  • You:
  • appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
  • agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
  • agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts]
  • Hypest reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
  • You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Final Price and we will calculate the Service Fee on an amount equal to the Final Price plus any taxes applicable to the Final Price.
  • To unlock the contact details of a Customer who has submitted a Service Request, you must pay the fees set out on the Platform. Such fees will vary from time to time.

• HYPEST CONTENT CREATOR TIER SYSTEM

• • GENERAL
  • Hypest recognises the efforts of its Content Creators by rewarding Service Listings uploaded to the Platform through its Creator Tier System with content points or ‘Decks’ (Decks).
  • You accrue more Decks as you upload more content to the Platform. The Creator Tier System allows you use your accumulation of Decks to decrease your percentage of Service Fees as calculated in clause 6.2 in a Deck Tier List.
  • Hypest reserves the right to change or waive the Creator Tier System and/or the figures in the Deck Tier List at any time by written notice to you or by updating this agreement on the Platform.
  • CALCULATION OF DECK POINTS
  • A Deck Tier List is set out in Schedule 1.

• REFUNDS & CANCELLATIONS

• • Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Hypest decides to investigate your request, you must provide assistance and information to Hypest as reasonably requested.
  • You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Listing is in compliance with all applicable laws.
  • If we accept your request to cancel a service set out in an accepted Service Listing, we may take one or more of the following actions:
  • cancel your Account and/or any membership you hold in connection with the Platform;
  • refund the Final Price to the relevant Customer; and
  • if we refund the Final Price, require you to pay all or part of the Final Price to us, and issue you with an invoice for that amount.
  • The Service Fee is by default non-refundable for change of mind. However, Hypest may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
  • You agree to honour and comply with the process set out in this clause 7 in the event of a pricing error in a Service Listing.

• BYPASSING

• • You agree that while you are a Content Creator on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or with whom you provided services to directly or indirectly in connection with the Platform. This provision will apply whether or not the relevant Customer or their representative is still active on the Platform.
  • Hypest may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.

• BINDING CONTRACT

• • You agree that when a Customer submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Customer with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Final Price. A contract is formed in this respect (between you and the Customer) when you respond to an email or message on the Platform confirming that you accept the Customer’s offer.

• WARRANTIES

• • By listing yourself as a Content Creator on the Platform, posting a Service Listing or responding to a Service Request, you represent and warrant that:
  • you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
  • you will provide services to each Customer:
  • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
  • in compliance with all applicable laws; and
  • any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

• Customers

• • SERVICE LISTINGS, SERVICE REQUESTS AND FEES
  • You acknowledge and agree that:
  • if you respond to a Service Listing or confirm a Service Request once a Content Creator responds to it, that will constitute your offer and intention to enter into a contract with the Content Creator;
  • for each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Content Creator, the Final Price will be debited from your Account and Hypest will keep a Service Fee which will be calculated as a percentage of the Final Price and will not be an additional charge to you; and
  • any terms and conditions relating to services or a quote provided via the Platform are solely between you and the relevant Content Creator and do not involve Hypest in any way, except that such terms and conditions must not be inconsistent with your or the Content Creator’s obligations under this agreement.
  • When you submit a Service Request on the Platform, you must:
  • only submit requests that are bone fide and accurate; and
  • truthfully fill out all the information requested by the Platform in relation to the Service Request.

• PAYMENT

• • (Payment obligations) Unless otherwise agreed in writing with the Content Creator, you must pay for all services specified in an accepted Service Listing prior to the Content Creator performing those services.
  • (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  • (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Content Creator, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

• CANCELLATIONS

• • Hypest will have no liability or obligation to you if a Content Creator cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from Hypest in relation to any such cancellation, including any portion of the Service Fee.
  • If you wish to cancel services specified in an agreed Service Listing, before the Content Creator has performed them, you must contact the Content Creator. If Hypest decides to investigate your cancellation, you must provide assistance and information to Hypest as reasonably requested.
  • If you cancel a service specified in an agreed Service Listing, whether the relevant Final Price paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Content Creator.

• RATINGS AND REVIEWS

• • Customers may rate a Service Listing (Rating) and/or may provide feedback to Content Creators regarding the services Customers received from them (Review).
  • Customers’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Content Creator Account and/or Service Listing is removed or terminated.
  • Customers must only provide true, fair and accurate information in their Reviews.
  • If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
  • To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
  • You may not publish Reviews of Content Creators to whom you have a personal or professional relationship (separately from the Platform).
  • You may only write a Review about a Content Creator if you have had a buying or service experience with that Content Creator, which means that:
  • you have purchased a product or service from that Content Creator via the Platform; or
  • you have placed an order with the Content Creator via the Platform; or
  • you can otherwise document your use of the Content Creator’s service, including via correspondence or other interaction with the Content Creator via the Platform,
  • (collectively referred to as a Service Experience).
  • You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
  • You may not write a Review about a Content Creator you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Content Creator, or work for the Content Creator. Similarly, you may not write a Review about a direct competitor to the Content Creator you own, are employed by or work for.
  • Your Service Experience must have occurred within the last 12 months when you submit a Review.
  • You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Content Creator to write a Review, you should include information about this in your Review. Incentives include the Content Creator offering you a gift, reward, discount or advantage for writing a Review about the Content Creator.

• LINKED BUSINESSES

• • You acknowledge and agree that:
  • the Platform provides links and introductions to Content Creators owned and operated by third parties that are not under the control of Hypest;
  • the provision by Hypest of introductions to Content Creators does not imply any endorsement or recommendation by Hypest of any Content Creator;
  • Hypest does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Content Creator who uses or is listed on the Platform; and
  • any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Content Creator once agreed in accordance with clause 1 and do not involve Hypest in any way.

• COMMUNICATION OUTSIDE THE PLATFORM

• • You must not communicate with a Content Creator, or request or entice a Content Creator to communicate with you, outside the Platform (except in the course of accepting Content Creator services that were agreed in a Service Listing or Service Request).
  • Hypest, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 6.

• CREATOR TIER LIST