Terms of Service – Hello Portal Australia

Hello Portal Terms of Use

Hello Portal

ABN 94 661 256 275

1. Background

Thank you for visiting the Hello Portal Terms of Use (Agreement), we are Hello Portal ABN 94 661 256 275 of Suite 7, Level 19/10 Eagle St, Brisbane City QLD 4000 (Hello Portal, we, our, us and other similar terms). We provide customisable digital NFC business cards and the mobile application and online software which is used to update their details, known as the Hello Portal (the Hello Portal).

This Agreement outlines the terms and conditions associated with your use of the Hello Portal. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at [https://helloportal.com.au/](https://helloportal.com.au/) (Website)

2. Agreement

2.1 Accepting this Agreement

By creating an account or downloading the mobile application, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using the Hello Portal.

You must not use the Hello Portal if you are not able to form legally binding contracts or are under the age of 18. If you create an Account on behalf of your employer or any other entity, you represent and warrant you hold authority to enter into this Agreement on behalf of that entity and that the entity will comply with the obligations contained herein

2.2 About this Agreement

Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 16. They aid to clarify the terms and conditions. Please feel free to email us at [admin@helloportal.com.au](mailto:admin@helloportal.com.au) if you have any questions.

3. Term and renewal

This Agreement will commence when you create an Account for the Hello Portal and will continue for the Subscription Period or until the date of termination of this Agreement in accordance with clause 14.

If this Agreement is not terminated in accordance with clause 14, prior to the expiry of the then current Subscription Period, this Agreement will automatically renew for a period equal to the current Subscription Period.

4. Licence

4.1 Licence

We grant you a non-transferrable, non-exclusive and revocable licence to access the Hello Portal for the Subscription Period, subject to the terms and conditions of this Agreement

4.2 Our right to suspend

We reserve the right to limit or suspend your licence to access the Hello Portal if you fail to pay any Subscription Fee, or if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement. Suspending your account will not constitute a breach of this Agreement by us, nor will it alter your obligation to pay the Subscription Fee.

5. Payment

Unless expressed otherwise, Subscription Fees are quoted in Australian Dollars and are exclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement.

You are responsible for all bank fees and charges applied by the payment gateway provider, which you choose to use.

6. Requirements for use

6.1 Access and support

You acknowledge and agree the Hello Portal will only be accessible using the internet and by users with a valid Account

Support for the Hello Portal is provided in accordance with the support arrangements as set out on our Website and may vary from time to time.

6.2 Hello Portal outages and system maintenance

If it is necessary to interrupt your use of the Hello Portal, we will endeavour to provide you with reasonable notice (where possible) of when, and the anticipated duration for which, the Hello Portal will be unavailable. During these times the online version will be inaccessible and the mobile application versions will have limited access.

You acknowledge access to the Hello Portal may be changed, interrupted or discontinued for many reasons, some of which are beyond our control and during routine maintenance there may be updates to the Hello Portal which may change the interface (including the mobile application versions) and manner in which the Hello Portal functions.

You agree that we are not liable for any loss, foreseeable or not, arising from any interruption to access, planned or not, and any such interruptions will not constitute a breach by us of these terms.

7. Your use of the Hello Portal

7.1 Registering an Account

In order to use the Hello Portal, you are required to provide us with Personal Information and create an Account with us.

You agree to provide any information reasonably requested by us for the purpose of setting up your Account. You warrant that all of the information you provide to us is accurate and complete in all respects, you will inform us by updating your Account details whenever any such information changes and you will not provide false or misleading information.

We reserve the right to reject any new Account in our absolute discretion.

7.2 Account security

Maintaining the security of your Account is important to ensuring your Personal Information, and that data which we process on your behalf, remains safe. We work hard to keep the Hello Portal secure and we ask you to contribute.

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorised employee or agent may create an Account on behalf of your business. You also agree not to disclose your Account security credentials to another person or permit them to access your Account. You are responsible for the activities undertaken using your Account which occur via the Hello Portal, whether such activities are authorised by you or not.

7.3 Lawful use of the Hello Portal

You undertake not to upload, store or access any data on the Hello Portal if such access or storage would infringe a person’s Intellectual Property right, breach any Privacy Law or breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).

7.4 Conduct which is expressly prohibited

You may only acquire and make use of the Hello Portal for the sole purpose of meeting your internal business needs. You must not use or include any part of the Hello Portal in any service bureau or fee generating service offered to third parties.

You must not:

(a) in any way tamper with, hinder or modify the Hello Portal;

(b) knowingly transmit any viruses or other disabling features to or via the Hello Portal;

(c) use any screen capture, data mining, robot, crawler or similar data gathering, reproduction or data extraction tools to collect information from the Hello Portal or our Website for any purpose including the sending of unsolicited emails, soliciting our or another user’s clients or duplicating the content of the Hello Portal;

(d) intentionally disable or circumvent any protection or disabling mechanism of the Hello Portal;

(e) install or store any software applications, code or scripts on or through the Hello Portal;

(f) use the Hello Portal in any way which could be reasonably expected to interfere with or damage our systems, any other operator’s systems, or another user’s enjoyment of the Hello Portal; or

(g) attempt, facilitate or assist another person to do any of the above acts.

8. App Marketplace Providers

The Hello Portal mobile applications are available from Google Play and the Apple App Store (App Marketplace Providers).

This Agreement is between us and you only. We, and not the App Marketplace Provider, are responsible for the mobile version of the Hello Portal, and we are solely responsible for:

(a) its support and maintenance

(b) the investigation, defence, settlement and discharge of any claim which relates to an infringement of third-party Intellectual Property rights arising from the use of the mobile version of the Hello Portal; and

(c) any claim the Hello Portal mobile applications fail to conform to any applicable legal or regulatory requirement, including product liability claims and claims arising under consumer protection laws.

The App Marketplace Provider’s liability to you is limited to the refund of the purchase price of the Hello Portal mobile application and any other remedies under consumer protection law. Your right to use the mobile version of the Hello Portal is non-transferable and non-sublicensable, except to the extent the App Marketplace Provider permits family sharing or like sharing arrangements.

The App Marketplace Provider may monitor your use of the mobile version of the Hello Portal and is entitled to enforce the terms of this Agreement against you. You agree to submit to their legitimate enforcement activities.

If there is any inconsistency between this Agreement and the application use rules set out in the App Marketplace Provider’s terms of service, their terms of service will prevail to the extent of the inconsistency.

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.

9. Privacy

You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.

10. Intellectual Property

We warrant we own or have a licence to use the Intellectual Property in the Hello Portal.

You must not do any of the following, assist anyone to do any of the following or permit any person over whom you have effective control to:

(a) create an adaptation or translation of, all or part of the Hello Portal in any way;

(b) use the Hello Portal in a manner which may infringe any other persons Intellectual Property;

(c) incorporate all or part of the Hello Portal in any other webpage, site, application or other digital or non-digital format; or

(d) except to the extent that reproduction occurs automatically through its ordinary use, directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the Hello Portal.

11. Warranties

We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions, we make no warranties or guarantees that the Hello Portal is fault free, regarding the Hello Portal’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, the Hello Portal including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

12. Limitation of Liability

12.1 Implied Conditions

We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.

12.2 Limitation of Liability

Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:

(a) the Hello Portal being inaccessible for any reason;

(b) incorrect or corrupt data, lost data, or any inputs or outputs of the Hello Portal;

(d) security vulnerabilities in the Hello Portal or any breach of security that results in unauthorised access to, or corruption of data;

(e) negligence arising from our activities or that of our service providers;

(f) any unauthorised activity in relation to the Hello Portal;

(g) the occurrence of an Event of Force Majeure;

(h) your breach of this Agreement;

(i) any changes to the terms, processes or policies of App Marketplace Providers; or

(j) any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.

12.3 Limits to liability associated with goods and services

Where a Non-excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:

(a) in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and

(b) in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.

12.4 Indemnity

You indemnify us against all costs suffered or incurred by us, however caused, arising wholly or partially, directly or indirectly, in connection with this Agreement or your use of the Hello Portal, including any costs arising from your breach of this Agreement, your infringement of any third party Intellectual Property rights associated with this Agreement, any harm to, claim or action by a third party (including to that third party’s personal property) which arise directly or indirectly from your use of the Hello Portal and your breach of any law including, Privacy Law.

13. Dispute Resolution

A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 13 before commencing any legal proceedings.

If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.

Each party must pay its own internal and legal costs in relation to complying with this clause 13. The mediator’s costs are to be shared equally.

The parties acknowledge and agree this clause 13 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.

14. Termination

You may terminate this Agreement by sending us a Cancellation Notice or cancelling your subscription via the facility in your Account. Either option satisfies the requirements for termination to be provided in writing.

We may terminate this Agreement by providing you with notice in writing. Termination will take effect, at the end of the then current Subscription Period.

14.2 Actions upon termination

Upon termination

(a) you must immediately stop using the Hello Portal;

(b) we reserve the right to permanently erase any data associated with your Account

15. General

Assignment – We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.

Entire Agreement – This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

Governing law – The laws of Queensland and the

Commonwealth of Australia govern this Agreement. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

Notices – The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:

(a) which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email

(b) which you send, must be either delivered or posted by prepaid post to the address set out at clause 1 or sent by email to our email address set out at clause 2.2.

Relationship – Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.

Severability – Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.

Variations to this Agreement – We may vary this agreement by giving one month written notice to you. If you do not accept the terms of the variation you may terminate your subscription in accordance with clause 14.1.

16. Definitions

Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:

Account or Hello Portal Account means the username and access credentials used when you access the Hello Portal.

Agreement means these terms and conditions and any document incorporated into them by reference.

App Marketplace Provider takes its meaning from clause 8.

Cancellation Notice means a notice sent by either party, in accordance with clause 14, requesting the termination of this Agreement.

Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.

Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.

Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.

Payment Terms mean, where a Subscription Fee applies to the Subscription Package selected, the requirement to make payment immediately on commencement of this Agreement and each subsequent Renewal Date.

Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.

Privacy Law means both the privacy laws in the jurisdiction in which you operate and the Privacy Act 1988 (Cth) incorporating the Australian Privacy Principles.

Renewal Date means a date one calendar month after the beginning of the then current Subscription Period.

Subscription Fee means any monthly price for the Hello Portal Subscription Package as set out on our Website.

Subscription Package means one of the subscription packages advertised on our Website from time to time.

Subscription Period means one calendar month.

You or your means the person or entity using the Hello Portal.

Us, we or our means Hello Portal ABN 94 661 256 275.

Website means the website located at https://helloportal.com.au/ and any of its subdomains.