LEGAL INFO
Terms and Conditions

Updated: May 2023 

The Hub Digital Platform EULA
Overview 

Welcome to The Hub!  

These Terms of Use (“Terms”) apply to your (“you” or “your”) use of The Hub’s content and communication platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and The Hub Digital Products Pty Ltd identified in these Terms (“The Hub”). 

The Service is made available on The Hub mobile app, The Hub desktop applications, and in other forms provided or made available by The Hub. Your use of the Service is subject to these Terms and The Hub’s Acceptable Use Policy (below) and Community Guidelines. By using the Service, you acknowledge The Hub’s Privacy Policy. 

You may use the Service only if you can form a binding contract with The Hub and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder. 

If you sign up for the Service on behalf of an organisation using an email address provided by your employer or another organisation, (i) you represent and warrant that you are an authorised representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity. 

Using the Service 

Age requirement. Children may not access or use the Service unless their use is directly authorised by their parent, guardian or another authorised adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).  

Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable licence to access and use the Service for business or personal purposes. The Hub reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. 

Acceptable Use Policy. Services provided by us may only be used for lawful purposes. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Service.  

Content created on The Hub must not: 

•  Harass, bully or intimidate others, or threaten violence 
• Organise, promote or participate in hate speech or hateful conduct, including attacking any individual or group based on race, ethnicity, caste, national origin, sex, gender identity, religious affiliations, age, illness, disability or other protected classifications
•  Organise, promote or support violent extremism, excessive violence, animal harm or content with the intention to harass and shock others
• Organise, promote or engage in illegal or dangerous behaviour
• Share sexually explicit content or sexualise children in any way
• Support or promote suicide or self-harm
• Violate another’s intellectual property or other rights
• Share or create false or misleading information
• Spam, manipulate or disrupt others' experience, including using bots, impersonation of other people and fraudulent activity.  

Copyright and content. You acknowledge that it is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement.  

Enforcement. Your services may be suspended or terminated with or without notice upon any violation of the Acceptable Use Policy or Community Guidelines. Content identified as illegal may be reported to law enforcement organisations and/or government authorities. 

Reporting violations. To report a violation of the Acceptable Use Policy, or an alleged copyright violation, email support@the-hub.app.   

Restrictions on use of the Service. You shall not yourself or through any third party: 

• Rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service to any third party (except as permitted under these Terms)
• Copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof;
• Access the Service for purposes of performance benchmarking; 

• Access the Service for purposes of building or marketing a competitive product; 
• Use the Service to store or transmit a virus or malicious code; 
• Use a virtual private network (VPN) to circumvent geographic-based pricing or content access; 
• Use the Service to transmit unsolicited emails or engage in spamming; or 
• Bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service. 

Security and Data Privacy 

Information security. The Hub implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorised access, destruction, use, modification or disclosure.  

Data privacy. The Hub’s Privacy Policy describes how the Service collects, uses, transfers, discloses and stores your personal data. 

Password and share code security. You are responsible for maintaining the confidentiality of your password and Group share codes for all accounts used by you. You acknowledge and agree that you are solely responsible to us for all activities that occur under all such accounts. You must notify us immediately upon becoming aware of any unauthorised use of any of your passwords or accounts. 

Content and Designs 

User Content. The Hub enables you to create content with various functions including user-generated text, video, audio, images, links, etc. (“User Content”). You represent and warrant that you own all rights, title, and interest in your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and The Hub, you own all right, title and interest in and to your User Content. You grant The Hub, a royalty-free licence to display, host, copy and use your User Content solely to the extent necessary to provide the Service to you. 

Embedded external content. When creating User Content, you are able to upload, link or share your own generated content; or embed or link to external and third-party content and services. The Hub embeds third party content, rather than duplicates it. The Hub maintains no responsibility for linked content and does not control if this content is moved, edited, altered or deleted. See further information about Third Party Services. 

Sharing your Content. You may share your User Content with others within the Service, through the creation of private groups, and sharing links to those groups via Group Code or email. Others may only access and interact with your content from accounts within The Hub, and your content can only be shared within the Service. Members of your Groups will need to have their own individual accounts. The Hub maintains no responsibility in relation to such sharing of content and The Hub’s enablement of such activity and the Service’s performance of actions to publicly share content at your instruction shall not be considered a violation of any of The Hub’s obligations under these Terms. 

Group Administration 

The Hub is set up to allow Group creation. Users in groups will have different permissions for sharing content and group admistration. If a User creates a group, they become an Administrator, and are able to invite other users into the Group as Members.  

Administrators can assign a variety of roles to the Group including: 

• Administrators: a user who is an Administrator can give permissions for another member to become an additional Admistrator of that group. 
• Creators: a member who has permission to create content and share content to the group 

• Members: other users who can participate in that group by accessing and participating in the content and group chat. They are unable to create and share content to the group. 
• Publishers: can post content to the group but cannot participate in the Group as a member. That is, they can push content such as announcements or notices but do not participate in the group chat. This role is often used in organisational settings. 

If you assign another user as an Administrator of your Group, that user is given the same permissions and powers as you in control over that Group - including the power to add members, assign roles, and delete the group. If you add a person to a Group, you represent and warrant that you or your organisation have obtained all necessary consents from that person to be added. 

The Hub is not responsible for any actions taken by Administrators. It is your responsibility to not upload User Content on an account associated with a Group if you do not want to potentially disclose such User Content to others in the Group. It is your responsibility not to add another Administrator to your group if you do not want to assign authority to that user to add, edit and delete members and their permissions within that group. 

Organisational licenses 

Content Sharing in Organisation Groups: As part of our app's services under an organisational license, users who are affiliated with an organisation may have the ability to share content within groups created by the organisation. By sharing content in these groups, you understand and agree that the organisation and its authorised members will have access to and may interact with the shared content. 

Ownership and Control: When a user shares content in an organisation group, the user retains ownership of the original content. However, by sharing the content in the group, the user grants the organisation a non-exclusive, royalty-free, worldwide license to access, view, use, reproduce, modify, and distribute the shared content within the organisation for internal purposes. This license is granted to the organisation and its authorised members only during the user's affiliation with the organisation. 

Effect of User Departure. If a user leaves the organisation or their affiliation with the organisation ends, the organisation will retain a copy of the content shared by the user within the organisation groups. The organisation may continue to have the right to access, edit, reproduce, and distribute the content as permitted by the original license granted by the user. The user acknowledges that they may no longer have control over the shared content once they are no longer affiliated with the organisation. 

Organisation Obligations. The organisation agrees to use the shared content only for internal purposes within the organisation and to comply with all applicable laws and regulations regarding the use and handling of such content. The organisation will not transfer or provide the shared content to any third parties outside the organisation without obtaining appropriate permissions. 

Billing

The Hub offers a range of free and paid Service offerings. You can learn more about The Hub’s various offerings by emailing hi@the-hub.app.  

Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with The Hub or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge. 

Cancellation. You can stop using the Service and/or cancel your subscription at any time. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable. 

Third Party Services 

You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. The Hub makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services. 

Intellectual Property 

Except as expressly set out in these Terms, all intellectual property rights in and to the Service remain the sole property of The Hub and its licensors. You assign to The Hub any suggestions, ideas, enhancement requests, or other feedback you provide to The Hub relating to the Service or The Hub’s products. The Hub owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products. 

Term and Termination 

Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using The Hub’s free offering, when your account is deleted or terminated. 

Violations. If The Hub, in its sole discretion, determines that you or your use of the Service, your User Content, Groups or Chat violate these Terms, including but not limited to, The Hub’s Acceptable Use Policy, the Section entitled “Restrictions on use of the Service,” or the Community Guidelines, The Hub may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content, Chat, or Group; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all linked Groups, Chat and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content, Chat or Group to appropriate government authorities. 

Effect of Termination. In the event of termination of your subscription for cause due to default by The Hub, The Hub shall refund, on a pro-rated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription. 

Upon any expiration or termination of your subscription, you must cease using the Service. You will lose access to your User Content, and any other information uploaded to the Service (we may delete all such data unless legally prohibited) after expiration or termination of your Subscription. If your account has been terminated due to a violation, you may not create a new account on The Hub unless you receive The Hub’s written permission. 

Warranty Disclaimer 

The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, The Hub, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. The Hub does not warrant that your use of the Service will be uninterrupted or error-free.  

Warranty disclaimer - data. The Hub does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that The Hub does not own, operate, or control, and that The Hub is not responsible for any of your data lost, altered, intercepted or stored across such networks. The Hub will not be liable for delays, interruptions, service failures, or other problems inherent in use of the Internet and electronic communications or other systems outside The Hub’s reasonable control. 

Your indemnity obligations. You agree, to the extent permitted by law, to defend, indemnify and hold harmless The Hub and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content. 

Limitation of Liability 

To the extent that The Hub is able to limit the remedies available under these Terms, The Hub expressly limits liability for breach of a non-excludable statutory guarantee to the following remedies: 

• the supply of the Services again; or 
• the payment of the cost of having the Services supplied again. 

These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct. 

Dispute Resolution Process 

Initiation of dispute. If there is a dispute, then either party may notify the other with a Resolution Notice, which: 

• includes, or is accompanied by, full and detailed particulars of the dispute; and 
• is delivered within 14 days of the circumstances giving rise to the dispute first occurring. 

Meeting to resolve dispute. Within 14 days after a Resolution Notice is given, a representative (with the authority to resolve the dispute) of each party must meet and seek to resolve the dispute. 

Mediation. If the representatives of each party do not resolve the dispute within 30 days, the dispute will be submitted for mediation in accordance with, and subject to, The Resolution Institute Mediation Rules. 

Mediation to final and binding arbitration. If the dispute is not settled within 30 days of the submission to mediation (unless such period is extended by agreement of the parties), it will be submitted to final and binding arbitration in accordance with, and subject to, The Resolution Institute Rules for Arbitration.  

Costs for mediation/arbitration process. When the dispute is submitted to mediation or arbitration, each party will pay its own costs for the proceedings. The parties will share equally the costs payable to The Resolution Institute and/or its nominated dispute resolution professional. 

Court proceedings not to be brought before process. Subject to this section, a party must not bring court proceedings in respect of any dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause. 

Miscellaneous 

Compliance with applicable law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. The Hub agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service. 

Governing law. These Terms are governed by the laws in force in Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria. These Terms are also governed by the Australian Government’s Online Safety Act 2021. 

Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on our website. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms. 

Changes to the Service. The Hub may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and The Hub discontinues the Service you are using during your subscription, The Hub will migrate or make available to you a substantially similar service provided by The Hub (if available) and if it’s unable to do so, The Hub will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.