Terms and Conditions

Terms and Conditions for Hi-Ya.com.au

Last Updated: August 23, 2024

1. Introduction

Welcome to Hi-Ya.com.au (the “Site”). These Terms and Conditions (“Terms”) govern your use of our website, products, and services provided by Hi-Ya (“we”, “our”, “us”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Site.

2. Changes to Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated revision date. It is your responsibility to review these Terms periodically. Your continued use of the Site after any changes signifies your acceptance of the revised Terms.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You shall not:

  • Use the Site in any way that violates any applicable local, national, or international law or regulation.
  • Attempt to interfere with or disrupt the Site’s operation or servers.
  • Engage in any activity that may harm, disable, or overburden the Site or its infrastructure.
  • Use any automated system, including but not limited to, “robots” or “spiders,” to access the Site for any purpose without our express written permission.

4. Account Registration

To access certain features of the Site, you may need to create an account. When registering, you agree to:

  • Provide accurate, current, and complete information.
  • Maintain the security of your account by protecting your password and restricting access to your account.
  • Notify us immediately of any unauthorized use of your account or any other breach of security.
  • Take responsibility for all activities that occur under your account.

5. Intellectual Property

All content and materials on the Site, including but not limited to text, graphics, logos, images, and software, are the property of Hi-Ya or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent.

6. Links to Third-Party Websites

The Site may contain links to third-party websites or services that are not owned or controlled by Hi-Ya . We are not responsible for the content, privacy policies, or practices of any third-party sites. Your use of third-party sites is at your own risk, and you should review their terms and conditions and privacy policies before using them.

7. Limitation of Liability

To the fullest extent permitted by law, Hi-Ya shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, whether in an action in contract, negligence, or other tortious action, arising out of or related to your use of the Site or these Terms.

8. Disclaimer of Warranties

The Site is provided on an “as-is” and “as-available” basis without warranties of any kind, either express or implied. Hi-Ya does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

9. Indemnification

You agree to indemnify, defend, and hold harmless Hi-Ya, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site or your breach of these Terms.

10. Termination

We reserve the right to terminate or suspend your account and access to the Site, in our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to the Site or other users.

11. Governing Law

These Terms and any disputes arising out of or related to your use of the Site shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes or claims arising out of or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall take place in Sydney, Australia, and the language of the arbitration shall be English.

13. Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Hi-Ya Pty Ltd
Ramsay@hi-ya.com.au

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and Hi-Ya regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to the Site.