The Hostahive Vision
Hostahive has been created to provide the rapidly expanding community of hobby and commercial beekeepers with an easy means of selling their products online directly to the public within their regional areas.
Hostahive is a community platform that connects Beekeepers and Beekeeper stores, with people who are looking to purchase quality honey or related products directly from a Beekeeper. This enables people to obtain unadulterated unprocessed raw honey directly from the hive in their local areas from a local Beekeeper.
Hostahive also allows new aspiring beekeepers or those in need of extra equipment or accessories to buy direct from Beekeeping stores.
“Stay healthy and eat raw honey every day”
Terms and Conditions
Here are our terms and conditions ("Terms"), contact us if You have any other questions. Thanks for connecting with Hostahive.
User Agreement: www.hostahive.com
Benchmeasure Corporation Pty Ltd ABN 31 087 729 860 trading as Host a Hive ("Hostahive", "we" or "us") operates an online platform ("Hostahive") allowing users and members ("User" or "Member or "You") to connect and perform business, provide services and buy and sell products through Hostahive's platform including through our website at https://www.hostahive.com/ or any other platform or application we may introduce in the future on the Hostahive Platform or any other affiliate web sites.
PLEASE READ THESE TERMS and ALL Hostahive POLICIES including the Privacy Policy, Service Fee Schedule (collectively the "AGREEMENT") carefully before using the services offered by Hostahive.
Use of the Hostahive Platform or use of the Hostahive Services confirms that You agree to be bound by this Agreement.
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SCOPE OF HOSTAHIVE SERVICE
- Hostahive provides a platform for enabling Beekeepers and Beekeeper Stores to set up an Online Store and connect with people who wish to buy a particular product or service.
- A reference to Member in this agreement includes beekeepers, beekeeper stores who have created an account and a store on the Hostahive Platform.
- A reference to User in this agreement includes any person who browses the web site and who uses the Hostahive Platform to make any purchase.
- A Member creates an account with Hostahive when he or she validly completes a registration form on the Hostahive Platform and creates a store with products or services to sell.
- Hostahive provides the platform only. Apart from enabling a User to find a Hostahive Member to provide a particular service or supply a particular product, Hostahive accepts no liability for any aspect of the User and Hostahive Member interaction, including but not limited to the description of products and services offered, the performance of services and the delivery of products. Hostahive has no obligation to any User to assist or involve itself in any way in any dispute between a User and a Hostahive Member.
- All information related to products to be provided or services to be performed is supplied by Hostahive Members. Unless expressly stated to the contrary, Hostahive does not have any ability or responsibility to review, approve or verify any information provided by a Member prior to publication on the Hostahive Platform.
- You expressly agree that Hostahive has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Members, including, but not limited to, the ability of Hostahive Members to perform services or supply products.
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HOSTAHIVE SERVICE DESCRIPTION
- The Hostahive Service will be reviewed and updated from time to time. In addition to the points set out below, certain portions of the Hostahive Service may be separately described on the Hostahive Platform.
- A User seeking procurement of a service or a product
- Searches for a Member who is able to provide a product or service based on distance away from the User’s location;
- Selects a suitable Member who is able to supply the product or service;
- Checks out by opening an account and providing the necessary information; and
- Pays for the service or product by a payment method chosen by the customer during the checkout process.
- A Hostahive Member with an ability to perform services and/or to provide the products
- Creates an account with Hostahive and provides all the required information; and
- Lists products and/or services for sale.
- If the User selects a product or service offered by a Hostahive Member, it will be put into the shopping cart and the User will checkout by using the functionality on the Hostahive Platform and paying the nominated price using the preferred payment method.
- Once a User has selected the product or service from a Hostahive Member and paid the agreed price, then the User and the Hostahive Member will be deemed to have entered into a separate contract under which the User agrees to purchase, and the Member agrees to provide the User with the purchased product or service ("Purchase Contract").
- The Hostahive Member must provide the services or products to the User in accordance with the description of the product or service, unless the services, products or transaction is prohibited by law, by this Agreement or by any of our Policies.
- Once the User has checked out his shopping cart and provided payment, the total cost of the shopping cart will be paid to the Hostahive Member after the deduction of the relevant fees set out in the Service Fee Schedule and described in Fees below ("Service Fees”).
- Once a transaction is concluded, the Hostahive User will be sent an email with a link to a Member rating system. Once the product is received or service rendered, the User is strongly encouraged to complete the Hostahive Member rating using any feedback features on the Hostahive Platform.
- The Hostahive Platform will include location map-based functionality. The Hostahive Platform may display the general location of Hostahive Members to persons browsing the Hostahive Platform. Each Member must provide the street and suburb where the Member is located and where the products may be collected if this option is provided.
- PURCHASING A PRODUCT ON HOSTAHIVE
- Users can purchase products on the Hostahive website using a valid credit card or the PayPal system.
- You do not have to be a Member to purchase a product.
- The price You pay is fixed at the time of ordering.
- Hostahive will send You an email to the email address You registered in your account to notify You with the details of your order and the products You have purchased.
- You may not cancel an order once it has been submitted.
- It is your responsibility to ensure the product delivery address is correct. Hostahive takes no responsibility for any product You did not receive because of errors in the delivery address given when placing the order.
- You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.
- You authorize us to cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the User’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product. If a cancellation of this nature occurs after the User has been charged for the product, we will credit the User’s credit card or PayPal account for the amount in question.
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DELIVERY
- Delivery will be arranged between the User and the Member pursuant to the User's delivery address, by postal or courier service and will be paid for by You at the price indicated at the time of purchase.
- If collection of the products was the User’s choice of delivery, then it will be available at the address indicated in the order confirmation email.
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DAMAGED PRODUCTS
- If a product is delivered to You physically damaged in some way, Hostahive will facilitate contact between the customer and the Member to arrange a replacement of the product after receiving reasonable proof of that damage.
- If You receive a damaged product, then You must email Hostahive customer service within 14 days of receipt to tell us about the nature of the damage and to arrange for a new product to be sent to You. If the damage was caused by the Member’s error in packaging the product for delivery you will be eligible for a replacement at no cost to You.
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PAYMENTS, REFUNDS AND RETURNS
- Where a User pays the nominated price for products or services in respect of a product or service ("Payment") that Payment will be used to pay the Hostahive Member and Hostahive in accordance with this Agreement
- For any product, except food, cosmetics or toiletries, if you are not entirely satisfied with the product, Hostahive is here to help.
- Returns - You have 14 calendar days to return an item from the date you received it to the Member from whom you had purchased it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging.
- Refunds - Once the Member receives your item, after an inspection of the returned item you will be notified that it has been received. You will be immediately notified on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment) within 7 days.You will receive the credit within a certain amount of days, depending on your card issuer's policies.
- Shipping - You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund
- Contact Us - if you have any questions on how to return your item to the Member please, contact us.
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PAYMENT FACILITY
- Hostahive may use a related entity or a third party service provider to provide payment services acting as a payment facilitator on behalf of the User and Hostahive Member.
- By buying or selling products or services using the Hostahive Platform You agree to be bound by the Payment Gateway Provider's Privacy Policy which is located at http://assemblypayments.com/privacy and hereby consent and authorise Hostahive and the Payment Gateway Provider to share any information and payments instructions You provide with one another and, to the extent required to complete Your transaction, with any other third party service provider(s). By registering and creating an account with Hostahive, You agree to be bound by Payment Gateway Provider's terms and conditions which are located at http://assemblypayments.com/seller_agreement. Hostahive confirms that the services offered by the Payment Gateway Provider are Third Party Services and subject to further terms set out for Third Party Services below.
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THIRD PARTY SERVICES
- Hostahive may from time to time include on the Hostahive Platform promotions for and links to services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Hostahive.
- Third Party Services are offered to You pursuant to terms and conditions offered by the third party. Third Party Services may be promoted on the Hostahive Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
- If You engage with any Third Party Service provider Your agreement will be directly between You and that Third Party Service provider.
- Hostahive makes no representation or warranty as to the Third Party Services.
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IDENTITY VERIFICATION
- Hostahive may include tools to help Hostahive Users to verify the identity, qualifications or skills of Hostahive Platform Members ("Identity Verification Services"). These tools may include: mobile phone verification technology, verification of payment information, integration with social networking sites such as Facebook, Twitter and Linked In.
- You agree that Hostahive Identity Verification Services may not be fully accurate as all Hostahive Services are dependent on User-supplied information and/or information or verification services provided by third parties.
- Hostahive Platform Users are solely responsible for identity verification and Hostahive accepts no responsibility for any use that is made of a Hostahive Identity Verification Service.
- The Hostahive Platform may also include a User-initiated feedback system to help evaluate Hostahive Members.
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ELIGIBILITY TO REGISTER
- A Hostahive account can be created in the name of an individual or a business entity (including a company).
- To create an account and use the Hostahive Services You must be able to form legally binding contracts under applicable law. Hostahive Services are not available to persons under 18 years of age. If You do not qualify to use the Hostahive Services, You must not use the services.
- While You are registered with Hostahive You must maintain control of Your Hostahive account. You may not deal with Your account in any way (including by allowing others to use Your account or by transferring or selling the account or any of its content to another person).
- At its absolute discretion, Hostahive may refuse to allow any person to register or create an account with Hostahive or cancel or suspend any existing account.
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MEMBER'S OBLIGATIONS
- You agree that at all times:
- You will comply with this Agreement (including all Hostahive Policies) and all applicable laws and regulations;
- You will post only accurate information on the Hostahive Platform;
- You will promptly and efficiently perform all Your obligations to other Hostahive Users under a Purchase Contract and to Hostahive under this Agreement;
- all content (whether provided by Hostahive, a Member or a third party) on the Hostahive Platform may not be used on third party sites or for other business purposes without Hostahive's prior permission; and
- You will ensure that You are aware of any laws that apply to You as a User or a Member, or in relation to any other way(s) that You use the Hostahive Platform.
- You will conform to all health regulations which you are subject to in relation to the handling, processing, packing and selling of honey and honey related products.
- You must not use the Hostahive Platform for any illegal or immoral purpose.
- You grant to Hostahive an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Hostahive Platform for the purpose of including that material and information on the Hostahive Platform and as otherwise may be required to provide the Hostahive Service, for the general promotion of the Hostahive Service and as permitted by this Agreement.
- Any information posted on the Hostahive Platform must not, in any way whatsoever, be potentially or actually harmful to Hostahive or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Hostahive. Without limiting any provision of this Agreement, any information You supply to Hostahive must be up to date and kept up to date and must not:
- be false, inaccurate or misleading or deceptive;
- be fraudulent or involve the sale of counterfeit or stolen items;
- infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
- violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
- be defamatory, libellous, threatening or harassing;
- be obscene or contain any material that, in Hostahive's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
- contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Hostahive Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
- You must have the right to provide products and services under a Purchase Contract. You must comply with Your tax obligations in relation to any payment received under a Purchase Contract,
- When You enter into a Purchase Contract using the Hostahive Platform You create a legally binding contract with another Hostahive User, unless the transaction is prohibited by law or by this Agreement (including the Hostahive Policies). If You do not comply with your obligations to another Hostahive User under a Purchase Contract, You may become liable to that other User. If another User breaches any obligation to You, You are responsible for enforcing any rights that You may have with that User.
- If Hostahive determines at its sole discretion that You have breached any obligation under this clause 11, it reserves the rights to remove any content submitted to the Hostahive Service or cancel or suspend Your account.
- Hostahive is entitled to suspend or terminate a Member’s account at any time if Hostahive, in its sole and absolute discretion, is concerned by any feedback about the Member, or considers the Member’s rating to be problematic for other Hostahive Users.
- Order processing and shipping
- When your order is ready go into your e-Store and mark the order as Processed. Do this only when the order is either being shipped or collected.
- When you mark an order as processed, the buyer will receive a Hostahive notification informing that the order is being shipped to your specified address or is available for pick up at a nominated address.
- In the unlikely event an order does not arrive, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item actually was shipped and that it was sent to the address provided by the buyer
- Where a purchased product is damaged in transit while being delivered to a customer by the fault of the Member due to insufficient packaging or otherwise, the Member agrees to replace and re-deliver the product to the customer at no cost.
- Where a purchased product is returned under the procedure outlined in clause 6, the member is obliged to refund the customer in accordance with the procedure in clause 6. Where there is a cause for dispute in regards to the customer's eligibility for a refund, please contact us.
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FEES
- Registering and creating a User account with Hostahive is free. There is no charge for a User to review content on the Hostahive Platform.
- Registering and creating a Member account is subject to an annual fee dependant on the Member Category selected as shown on the registration page. The first month is provided free and then the fee will be charged on an annual basis on the anniversary of the date after the initial free month.
- If a User has made a purchase of a Member’s products or services, the Member agrees that the Service Fees as set out for each product and service type during the setup, will be deducted from the agreed fee and paid to Hostahive (or its nominee), which are inclusive of GST/VAT.
- The Service Fees will be deducted and paid to Hostahive from the agreed price on checkout.
- Hostahive will absorb in its Service Fees all fees that may be due to Payment Gateway providers related to the purchase by credit card or other allowed payment method.
- Hostahive may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Hostahive notifies You of that change by sending an email message to Your Hostahive nominated email address.
- Hostahive may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to You by email.
- All fees and charges payable to Hostahive are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
- If Hostahive introduces a new service on the Hostahive Platform, the fees applying to that service will be payable as from the launch of the service and will also be "Service Fees" under this Agreement.
- Where a Hostahive Member is supplying products or services, the Hostahive Member may charge a Postage Fee on top of the agreed price for the products or Services under the Purchase Contract.
- A Member is able to cancel their account at any time by emailing support@hostahive.com. The Member is not entitled to any refund of their Membership fees for the period in which the Membership is cancelled.
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POSTING PRODUCTS AND SERVICES
- A Posted Product must include the following details in order to be accepted by Hostahive:
- Price: the price that the User has to pay for the products or services; and
- Description: a description of the products or services preferably with an image of the particular product.
- As well as the mandatory details mentioned in paragraph 13.1, a Member may choose to specify additional terms that s/he wants to apply to the transaction
- Members must describe the service or products fully and accurately and include all terms of sale or supply that apply, as well as any information required by law. Posted products and services may include text and images. You must have the legal right to use any content that You post. Hostahive may, in its sole discretion, remove any Posted product or service for any reason.
- We (Hostahive) may disclose personal information to service providers located in the United States, Australia and the United Kingdom in accordance with our Privacy Policy.
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SPECIFIC WARNINGS
- You must ensure that your access to this website and the Hostahive service is not illegal or prohibited by laws that apply to You.
- You must take your own precautions to ensure that the process that You employ for accessing this website and the Hostahive service does not expose You to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
- We do not accept liability for any losses arising directly or indirectly from a failure to provide the Hostahive service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Hostahive service, or any transmissions by others in contravention of the registered Members’ obligations as set out in this agreement.
- You acknowledge that we may not be able to confirm the identity of other registered Members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.
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INDEMNITY
- You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products You are selling via the website, their officers, directors, employees, agents and representatives harmless, from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:
- Your breach of any clause of this agreement;
- any allegation that any materials that You submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
- Your activities in connection with the website.
- This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
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LIMITATION OF LIABILITY
- Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void ("Non-excludable Condition"), to the extent permitted by law Hostahive specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any product or service supplied), arising out of or in any way connected with any transaction between Users and Hostahive Members.
- Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Hostahive specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any product or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service Provider who may be included from time to time on the Hostahive Platform.
- Except for liability in relation to a breach of any Non-excludable Condition, Hostahive's liability to any User or Member of this service is limited to the total amount of fees paid by that User or Member to Hostahive during the twelve month period prior to any incident causing liability of Hostahive.
- Hostahive's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing products in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
- We do not represent or guarantee that the Hostahive service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Hostahive service or these websites will be uninterrupted.
- You acknowledge that the Hostahive service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.
- We do not warrant that any Members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.
- You acknowledge that Hostahive is not responsible for the conduct of the Members in relation to the handling, processing, packing of honey and honey related products, or the Members' compliance with any health regulations they may be subject to.
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DEFAULT IN TRANSACTIONS
- If You, as an Hostahive Member or User, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Hostahive's rights under this Agreement (including any Hostahive Policy) to suspend (temporarily or indefinitely) or terminate any User's account, You may be in breach of Your obligations to both Hostahive and the Hostahive Member or User with whom You are transacting under a Purchase Contract.
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PRIVACY
- Hostahive's Privacy Policy, which is available at Hostahive.com/privacy, applies to all Users and forms part of this Agreement. Use of the Hostahive Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your personal information in accordance with Hostahive's Privacy Policy.
- Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party You must review and agree to their terms of service including their privacy policy.
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NO WARRANTY
- Except for liability in relation to any Non-excludable Condition, the Hostahive service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
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MODIFICATIONS TO THE AGREEMENT
- Hostahive may modify this Agreement and/ or the Policies (and update the Hostahive pages on which they are displayed) from time to time. Hostahive will send notification of such modifications to Your Hostahive account. You should check that account regularly.
- Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Hostahive Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm Your agreement to be bound by the Agreement as it may have been varied.
- If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate Your Hostahive account and stop using the Hostahive Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Hostahive Policy cannot be amended except in writing signed by You and Hostahive.
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NOTICES
- Except as stated otherwise, any notices must be given by email to Hostahive's contact address as displayed on the Hostahive Platform, or to Hostahive Members’ or Users' contact address as provided at registration. Any notice shall be deemed given:
- 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
- Notices related to performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
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TAXATION RESPONSIBILITY
- Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agreement. We recommend that You consult with Your tax advisor as to the application of taxes for You, as the seller of the Products and Services. This may include Sales Tax, VAT, GST and other transactional taxes.
- Hostahive will not collect or pay taxes on your behalf as Hostahive is merely providing a platform for in facilitating the sale of your product to the customers. As stated in clause 6.1 of this Agreement, the amounts distributed to You will be deemed to be inclusive of any taxes, if applicable. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of Your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance. If You are registered for VAT in the EU, Hostahive may, upon your request, provide You with a VAT invoice for any charges levied by us.
- If You have an Australian Business Number (ABN) or Value Added Tax (VAT) You need to submit Your ABN or VAT to the website where requested. If You do not have an ABN or VAT, You may be required to provide more information about the circumstances under which You are offering your products for sale on the website, including whether any of the Australian Taxation Office (ATO) or appropriate tax authority exemptions apply to You.
- For the avoidance of doubt, all tax-related reporting responsibilities by You to relevant tax authorities are entirely your responsibility.
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MEDIATION AND DISPUTE RESOLUTION
- Hostahive encourages You to try to resolve disputes (including claims for returns or refunds) with other Hostahive Users directly. Accordingly, You acknowledge and agree that Hostahive may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.
- Hostahive may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service are located at http://assemblypayments.com/seller_agreement. Hostahive confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
- Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
- Hostahive has the right to hold any Payment the subject of a dispute in the Escrow Account, until the dispute has been resolved.
- If You have a complaint about the Hostahive Service please contact us here.
- If Hostahive provides information of other Hostahive Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that You will indemnify Hostahive against any claims relating to any other use of information not permitted by this Agreement.
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TERMINATION
- Either party may terminate an account and this Agreement at any time for any reason.
- Termination of this Agreement does not affect any Purchase Contract that has been formed between Hostahive User and a Hostahive Member. If You have entered a Purchase Contract You must comply with the terms of that Purchase Contract including providing the products or services or paying the price as applicable.
- Third Party Services are subject to Third Party Service provider terms and conditions.
- Sections 12 (Fees), 16 (Limitation of Liability), and 23 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
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GENERAL
- This Agreement is governed by the laws of New South Wales, Australia. You and Hostahive submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
- The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
- This Agreement may be assigned or novated by Hostahive to a third party without Your consent. In the event of an assignment or novation You will remain bound by this Agreement.
- This Agreement sets out the entire understanding and agreement between You and Hostahive with respect to its subject matter.
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SERVICE FEE SCHEDULE
- The Service Fee for the provision of sale of products or provision of services (expressed as % commission) is shown for each category during the setup of each item.
- No Service Fee will apply to postage charges.
Revised February 2017 copyright Hostahive 2017