Hunome. Website Terms of Use and Privacy Policy

Terms of Use

Last updated: 16th of May, 2013

Introduction and your agreement to these Terms of Use :-

Welcome to www.hunome.com (this "Website") a service connecting you with other likeminded people interested in exploring and sharing human understanding (the "Service"). This Website is owned and operated by Hunome Pty Limited (ACN 130 647 111) of [c/o White McIntyre & Co, Suites 13-15, 56 Neridah Street, Chatswood, NSW 2067, Australia], an Australian incorporated company ("Hunome", "us" or "we"). Hunome is committed to providing you with an excellent user experience. In order to provide this Website and our Service to you, you must agree to be bound by these terms and conditions of use (these "Terms of Use") which form a legally binding contract between Hunome and you.

  1. Acceptance of Terms

    1. These Terms of Use are deemed to incorporate this Website's privacy policy (the "Privacy Policy") which is available on this Website and accessible here http://hunome.com/terms which you should read together with these Terms of Use. The provisions of the Privacy Policy apply as if set out in full in these Terms of Use.

    2. These Terms of Use govern your access to and use of this Website, including any: (i) software, database, information, content or materials that are located on, form part of or available through or in connection with this Website (the "Website Material"); and (ii) Services provided through or in connection with this Website. By accessing or using this Website and the Services you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website or the Services.

  2. Changes to these Terms of Use

    Hunome may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

  3. Registered Users

    1. Subject to these Terms of Use, you will need to register with Hunome to access the Website. There is currently one type of registration, general registration, which is available to any user who chooses to register with Hunome via this Website ("Registered User").

    2. Signing up to be a Registered User is currently free, however, Hunome reserves the right at any time to implement different user categories and/or implement fees payable by you and to vary or amend the terms and conditions which cover such fees and your access or use of any part of the Website and/or the Services. Hunome also reserves the right to make varying levels of functionality available to different users depending also on the type of registration.

    3. Hunome may refuse any request for registration.

  4. Registration

    1. If you wish to become a Registered User, you must provide Hunome with certain true and correct information about yourself (the "User Registration Information"), as requested by the relevant registration page on this Website. Information requested may include your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address. You must promptly notify and update Hunome if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to Hunome contacting you via such means.

    2. You must be at least 16 years of age to register for use of the Services on your own behalf. If you are under 16 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.

    3. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that: (i) you have read, understood and agree to be bound by these terms and conditions; and (ii) you are at least 16 years old and you are entering into this contract for yourself, or you are a parent or legal guardian entering on behalf of your child or a child in your legal care aged 13 or over.

    4. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Website/Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.

  5. Use of the Website Material

    The Website Material is provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. Hunome grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.

  6. Intellectual Property Rights

    Subject to paragraph 7 below, all intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in Hunome (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in Hunome's (or its licensors') intellectual property rights to you.

  7. Submitted Materials

    1. This Website may allow Registered User to submit or post information, content and materials ("User Material") to this Website and/or Hunome, for access and use by other Registered Users and/or Hunome. (References in these Terms of Use to "User Material" do not include any User Registration Information, which is treated separately to User Material relating to registration if a User is a Registered User). HUNOME does not systematically review User Material submitted by Registered Users and is not responsible for the form or content of any User Material

    2. Our Services are primarily designed to connect you with other likeminded people. Most of the information you provide to us is information you are asking Hunome to make available to other Registered Users. If you choose to submit or post User Material, you will generally be able to select whether you will make this material available to (i) just your private space (which only you can access) ("Private Space"); or (ii) your public space accessible by other Users ("Public Space").

    3. If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including Hunome and its representatives) or to misrepresent your identity or affiliation with any person; (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or (v) advertise any product or service or solicit any business.

    4. You agree that Hunome may: (i) edit or delete your User Material; (ii) link your User Material to other material, including User Material submitted by other Registered Users or material created by HUNOME and/or other third parties; (iii) use your User Material for its business purposes, including to promote, market or advertise this Website and Hunome; and (iv) directly or indirectly commercially benefit from your User Material.

    5. Hunome does not claim any ownership rights in your User Material, however, by submitting User Material to the Public Space you are deemed to grant Hunome an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of, enter into a commercial rental arrangement in respect of that User Material.

  8. Prohibited activities

    You must not submit, post, upload, email or otherwise send or transmit to this Website, Hunome or any Registered User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

  9. Confidentiality of user name and password

    As a Registered User you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform Hunome. To the extent that the functionality of this Website does not already require Registered Users to do so, you must change your password regularly.

  10. Cessation of Services

    Hunome may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where Hunome believes that you are in breach of these Terms of Use.

  11. Indemnity by you

    You must indemnify and hold harmless Hunome (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by Hunome (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

    Other websites

    Hunome is not responsible for the policies and practices of internet websites operated by persons other than Hunome, even if: (i) you access them using links on this Website; or (ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

  12. Changes to this Website

    Hunome may (with or without notice to you) make changes to this Website, the Website Material and the Services.

  13. Availability of this Website

    This Website, the Website Material and the Services are provided on an "as available" basis and Hunome shall not be liable if this Website, the Website Material or the Services are unavailable for any period. Hunome may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. Hunome does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, "bug" or "virus" free.

  14. Accuracy of this Website

    This Website, the Website Materials and the Services are provided on an "as is" basis and Hunome makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services.

  15. Disclaimer

    Except to the extent that the same may not be excluded or limited as a matter of applicable law, Hunome excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).

  16. Limitation of liability

    Except to the extent that the same may not be excluded or limited as a matter of applicable law, Hunome is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of Hunome), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website, the Website Material or the Services.

    If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and Hunome's liability for breach of that condition or warranty may not be excluded but may be limited, Hunome's liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, Hunome doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, Hunome doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

  17. Force majeure

    Hunome will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by Hunome to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond Hunome's control.

  18. Assignment

    You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. Hunome may assign, transfer, sub-contract or otherwise dispose of any or all of Hunome's rights and/or obligations under these Terms of Use.

  19. Entire agreement

    These Terms of Use, together with any additional terms and conditions or usage rules set out on this Website from time to time, constitutes the whole agreement between you and Hunome relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

  20. Rights cumulative

    The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.

  21. Waiver

    No failure to exercise nor any delay in exercising by Hunome of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

  22. Invalidity

    If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of these Terms of Use in any other jurisdiction shall not be affected.

  23. Governing law

    These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales, Australia. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

  24. Interpretation

    In these Terms of Use, unless the context requires otherwise: (i) any reference to a "person" includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

  25. Contacting Hunome All correspondence to Hunome, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

    Email: legal@hunome.com
    Address: PO Box 329
    Sydney NSW 2001
    Australia

    Privacy Policy

    Last updated: 16th of May, 2013

    Introduction and your agreement to this Privacy Policy Welcome to www.hunome.com (this "Website"). a service connecting you with other likeminded people interested in exploring and sharing human understanding (the "Service"). This Website is owned and operated by Hunome Pty Limited (ACN 130 647 111) of [C/o White McIntyre & Co, Suites 13-15, 56 Neridah Street, Chatswood, NSW 2067, Australia], an Australian incorporated company ("Hunome", " us" or "we").

    This privacy policy ("Privacy Policy") is deemed to be incorporated into this Website's terms and conditions of use ("Terms of Use"), which are available on this Website and which you should read together with this Privacy Policy. The provisions of the Terms of Use apply as if set out in full in this Privacy Policy.

    The Terms of Use, including this Privacy Policy, govern your access to and use of this Website and the collection, use and disclosure of personal information (i.e., information or opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion) (the "Personal Information") by Hunome. By accessing or using this Website you are deemed to agree to the Terms of Use, including this Privacy Policy. If you do not agree to the Terms of Use or this Privacy Policy, you must immediately exit and not access or use this Website.

    Capitalised terms used but not defined in this Privacy Policy have the meaning given to them in the Terms of Use.

  26. Collection of Personal Information

    Hunome only collects Personal Information to the extent necessary for one or more of Hunome's functions or activities. Personal Information collected by Hunome may include: (i) User Registration Information provided by Registered Users to Hunome (which may include a Registered User's: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address); (ii) any Personal Information Registered Users volunteer while using this Website; and (iii) Personal Information about Users from other sources, such as public records or bodies or private organisations. If you do not provide any requested Personal Information to Hunome, Hunome may not be able to provide you with access to and use of this Website, the Website Material and the Services, or Hunome's other products and services.

  27. Cookies

    HUNOME may place a "cookie" (a small text file) on any computer you use to access this Website, which, among other things, assists HUNOME in providing you with an easy-to-use Website. When you revisit this Website, the cookie will enable HUNOME to recognise you as a previous Registered User. More information on cookies can generally be found in the "help" (or similar) section of your computer's internet web browser.

  28. Use of Personal Information

    1. Hunome may use (and you are deemed to consent to Hunome using) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to provide this Website, the Website Material and the Services to you; (b) to manage Hunome's relationship with you; and (c) to obtain professional, financial, technical, administrative or other advice and services in connection with the operation of Hunome's business; (ii) for direct marketing, including to provide you with information about: (a) this Website, the Website Materials and the Services; and (b) Hunome's other products and services; (iii) to provide you with information about products and services available from its affiliated entities; (iv) to investigate, prevent or take action regarding any breach or suspected breach by you of the Terms of Use or any law; and (vi) as required or authorised by or under law, and for any other purpose to which you subsequently consent from time to time.

  29. Disclosure of Personal Information

    1. There are only a number of limited circumstances where we may share some or all of your Personal Information about you, which Hunome holds to others. Subject to paragraph 5 below Hunome may disclose (and you are deemed to consent to Hunome disclosing) your Personal Information: (i) for the purposes for which it is collected and for any related purposes, including: (a) to any person where necessary or desirable in connection with the provision of this Website, the Website Materials and the Services to you; (b) to any person where necessary or desirable in connection with the management of Hunome's relationship with you; and (c) to Hunome's external advisors, service providers, subcontractors and suppliers, so that they can provide professional, financial, technical, administrative or other advice and services in connection with the operation of Hunome's business; (ii) to its affiliated entities for the purpose of such affiliated entities contacting you about their products and services; (iii) to any person who acquires or expresses an interest in acquiring all or any part of Hunome's business; (iv) to any person where necessary or desirable in connection with Hunome investigating, preventing or taking action regarding any breach or suspected breach by you of the Terms of Use or any law; and (v) to any person as required or authorised by or under law, and to any other person to which you subsequently consent from time to time.

    2. We will never pass on your Personal Information to a third party for marketing purposes without your consent.

    3. We may also share anonymised, aggregate date such as access statistics with third parties such as advertisers. This will not involve the identification of individuals.

  30. Your Private Space versus your Public Space

    Our Services are primarily designed to connect you with other likeminded people. Most of the information you provide to us is information you are asking Hunome to make available to other Registered Users. If you choose to submit or post User Material, you will generally be able to select whether you will make this material available to (i) just your Private Space (which only you can access); or (ii) your Public Space accessible by other Users. Once you post User Material to your Public Space it may be broadly and instantly disseminated within the Hunome community and more broadly to the public depending on your User settings. You should carefully check your privacy settings and the information, which may be made public by Hunome.

  31. Trans-border data flows

    Hunome may transfer (and you are deemed to consent to Hunome transferring) your Personal Information outside of Australia and from jurisdiction to jurisdiction: (i) where Hunome reasonably believes that the person who will receive your Personal Information is subject to effective data protection obligations; (ii) where the transfer is necessary for the performance of any contract between you and Hunome or for the implementation of pre-contractual measures; (iii) where the transfer is for your benefit and it is impractical for Hunome to obtain your consent, but if it were practical you would be likely to consent; and (iv) as required or authorised by or under law, and where you subsequently consent from time to time.

  32. Data quality

    Hunome takes reasonable steps to make sure that the Personal Information that Hunome collects, uses or discloses is accurate, complete and up to date.

  33. Security

    Hunome takes reasonable steps to protect the Personal Information that Hunome holds from misuse and loss and from unauthorised access, modification or disclosure. Hunome takes reasonable steps to destroy or permanently de-identify any Personal Information that is no longer needed for any purpose.

  34. Access to and correction of your Personal Information

    1. You may (free of charge) request that Hunome confirm whether it holds any Personal Information about you and, where applicable, request that Hunome provide you with a copy of your Personal Information. Where Hunome agrees to provide you with a copy of your Personal Information, the provision of such Personal Information is subject to the payment of a $20 administrative charge by you. Hunome will require adequate proof of your identity before disclosing any Personal Information to you.

    2. If you are able to establish that your Personal Information is not accurate, complete or up to date, Hunome will take reasonable steps to correct such Personal Information so that it is accurate, complete and up to date. If you and Hunome are unable to agree about whether your Personal Information is accurate, complete and up to date and you request that Hunome associate with your Personal Information a statement claiming that such Personal Information is not accurate, complete or up to date, Hunome will take reasonable steps to do so.

    3. Hunome may refuse to provide you with a copy of or to correct your Personal Information in certain circumstances, but will provide you with reasons for its refusal to do so.

  35. Contacting Hunome

All correspondence to Hunome, including any queries you may have regarding your use of this Website or this Privacy Policy, should be sent to:

Email: legal@hunome.com

Address: PO Box 329
Sydney NSW 2001
Australia