Hyba Application

Terms and Conditions

1) Rights and Responsibilities

  1. These terms form the basis upon which you may use the application named “Hyba”, developed by BHT Developments Pty Ltd ACN 614 613 704 (referred to as the “App”).
  2. These terms can be found online at the website URL: hyba.social/terms-and-conditions

2) Parties

The parties to these contractual terms are:

  1. BHT Developments Pty Ltd ACN 614 613 704 (“us”, “we”, and “our”); and
  2. an end user (including anyone who views the site), anyone who uses our site (you).

3) Recitals

  1. Our App is a Facebook* data interface mobile device application which assists you to locate bars, clubs, taverns and nightclubs (facility) near you or a specific location, and to obtain various information specific to that facility including special offers published by the facility and statistical data then relevant to that location and available to our data management systems such as the number of single males, single females, non singles, total males and total females at the facility.
  2. In consideration of our provision to you of this licence to use our App you agree to be bound by these terms and conditions.

4) Licence

  1. We grant to you a personal licence to use this App.
  2. This licence is subject to various terms and conditions incorporated by reference, including our privacy policy as published from time to time.
  3. The App uses personal information you have provided to Facebook, who in turn provide to us that information in accordance with the terms of your agreement established with Facebook, and we use your information including your name, gender, age and relationship status to generate App search results.
  4. The App search results we generate are anonymous statistical information about the patrons in a facility:
    1. to other App licenced users about the number of persons at a facility who also are then using the App grouped as a number as to sex, age and relationship status; and
    2. to facility operators to enable those facility operators to monitor the patrons they have attending their facility who are then using the App by reference to sex, age and relationship status.
  5. We can vary these terms and conditions by notice to you from time to time with those changes having effect 7 days after we have notified you.
  6. You agree to use the App only for the purposes for which we have licenced the App to you as varied by us from time to time.
  7. The licence is conditional on:
    1. the payment of any fees we raise, if any, from time to time;
    2. your agreement now given that we and or our facility and other business associates can contact you by email, SMS or telephone to inform you about offers, privacy policy or terms and conditions changes;
    3. you are not a registered sex offender and have not been convicted of any violent crime.
    4. you are at least 18 years of age;
    5. your continued use of the App after notification to you of changes in these terms and conditions and incorporated terms conditions by us constitutes your acceptance of these terms and conditions and the incorporated terms and conditions as amended from time to time.
    6. this licence is personal to you and you can not share it with another person.
    7. you remaining compliant with all laws at all relevant times.
  8. You warrant that you have provided to us, in addition to warranties you have provided to Facebook, true and correct information about yourself and will amend it if that information changes from time to time.

5) Personal Information

  1. The App encourages you to provide various profile and location information you agree to be visible to other users of the App. At the time of these licence terms being written you will be asked to provide your age, gender and marital status.
  2. You agree we can refuse to publish information you provide to us, including but not limited to personal profile information.
  3. You also agree we can and will collect information from your mobile device or computer including when you have logged in and out of the App, and geo-location data.
  4. You agree to provide to us further data fields and information we request from you from time to time.
  5. You warrant that information you provide to us is lawful, not provided by you to further any prohibited purpose (see further in these terms for an indication of the meaning of prohibited purpose), complies with and will continue to comply with policies we have published or in the future publish.
  6. You authorise us to edit your profile kept by us, it at all, for whatever reason we deem fit.

6) Communication

  1. From time to time we might facilitate communication with other users of our App. If so, whether by email, SMS, telephone call or other telephonic or electronic means doing so will be subject to such terms and conditions or policy as we publish in relation to that.
  2. If we facilitate such communications we may terminate them at any time without providing to you any reason or explanation.

7) Prohibited Purposes

  1. You may not use the App to:
    1. break any law including those relevant to stalking, harassing, menacing or intimidating any person;
    2. damage any property;
    3. injure any person;
    4. facilitate or cause any wrong (tort) at civil law or engage in any misleading or deceptive conduct;
    5. facilitate or engage in any contravention of any electronic offence or misdemeanour including those provided by stature law relevant to telecommunications and internet use;
    6. allow or encourage any minor to commission an offence of to be the victim of any offence;
    7. display any obscene or offensive material including but not limited to that which is or might be racially, ethnically, religiously or otherwise offensive, or defamatory or infringes against another person’s intellectual property or personal privacy rights.

8) International

  1. This App might become accessible in countries other than Australia and if so you agree to inform yourself of local laws and the terms and conditions relevant to this App if you decide to access the App in any jurisdiction apart from Australia.

9) Intellectual Property

  1. You agree that all and any intellectual property created or used in relation to the App is either ours or becomes ours as and when it is used or discovered in relation to the App.
  2. Further to the above and for the removal of doubt you assign your personal profile to us and you agree we can use it and your geographical location broadcast to us by you from time to time for purposes including but not limited to promotions, informing other users that a person of your general profile is at a particular location, providing that information to facility operators and as we otherwise reasonably choose.
  3. You may not use or copy any of our intellectual property, including our copyright, designs, trade marks or other such “industrial property rights” without our express prior written permission.

10) Acknowledgments

  1. You acknowledge:
    1. We do not endorse or warrant the accuracy of information you are provided by us when using the App, particularly information or representations made by others using our App including but not limited to facility providers in their advertising of special offers or other promotions and other users as to their marital status, sex, sexual orientation or otherwise.
    2. We do not have the ability to check all information we provide to you through the App. including the accuracy of geo-locational information we are provided about you and your device from time to time.
    3. We do not warrant or represent that the App is free of any error or immune from viruses or internet crashes or other outages;
    4. While we will take reasonable steps to protect your personal information we cannot guarantee its integrity or security from being hacked or otherwise accessed by other people.
  2. You will not hold us accountable for any reliance on any representation made by any person other than us or losses or claims made from matters such as those you have above acknowledged.

11) Limitation of Liability

  1. Consumer rights and remedies
    Users in Australia have rights under Australian law – and those rights can be seen online at: www.accc.gov.au
  2. Subject to consumer rights and remedies you acknowledge and agree we exclude all representations, warranties, conditions, guarantees or undertakings that could be implied into these terms and conditions by statute, common law, equity, trade, custom or usage or otherwise.
  3. You agree we are not liable and you will not ever make any claim against us ever for economic, business interruption, loss of profits or consequential losses, loss of data, a fault or failure in a facility which we are not in control of or do not operate or for any failure on our part to provide to you any service.
  4. If you do make any claim your entitlement to damages is limited to that amount you have paid directly to us in each prior 12 month period during this licence.
  5. You indemnify us on a full indemnity basis against any claim, loss or damage we suffer including all legal costs to the extent such arises from:
    1. An act or omission of yours or any person who is not us;
    2. Any breach of any law;
    3. Any breach of these terms; or
    4. Any unauthorised use of the App.

12) Membership and Fees

  1. While you might sign up for no fee we might from time to time offer premium services or special offers requiring that, on your acceptable of those offers, you pay to us a fee.
  2. If you are required to pay any fee to us you will be asked for your credit card details, either by us or a third party payment service provider.
  3. Your credit card details might be retained in order to allow us to provide an automatic renewal service to you, or just so it is convenient to allow you to make future purchases using our service.

13) Termination

  1. We can terminate your licence at any time without providing to you any reason and, in addition:
    1. where you owe to us money and you have failed to pay that money in accordance with our terms; or
    2. if you are in breach of these terms.
  2. If your licence is terminated, whether by us or by you, and you have paid to us a subscription or other fee you are not then entitled to receive from us any refund, pro-rata or otherwise. This provision continues to have force and effect after termination of this licence agreement.
  3. You can terminate this licence at any time.

14) Notices

  1. You can contact us by email to: support@bhtdev.com.au
  2. You can serve notice on us at:
    Shop 10, 166 Brighton Road, Scarborough, Western Australia
    in accordance with the provisions of the Western Australian Property Law Act 1969 section 135.
  3. We can serve notice on you by email.

15) Severability

  1. If any clause in these terms or its application to any person or circumstance is or becomes invalid or unenforceable, then the remaining clauses of this licence will not be affected and each remaining clause will be valid and enforceable to the fullest extent permitted by law.

16) Governing Law

  1. This Deed is be governed by the law of Western Australia and the Parties consent to the non-exclusive jurisdiction of Western Australia.

* Facebook is an American for-profit corporation and online social media and social networking service based in Menlo Park, California, United States – it has a proprietary registered trademark and you must consider your rights and obligations in relation to Facebook as separate and distinct from the rights and obligations you establish with us in this licence to you for your use of HYBA.