HAYYLO TERMS AND CONDITIONS

Please read this agreement carefully before accessing or using the information and services available through the Hayylo website located at www.hayylo.com (“Website”), mobile sites (“mSites”) and mobile applications (“mApps”) and all related content (“Content”) (collectively “Digital Assets“).

By accessing or using the Digital Assets, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

 

INTRODUCTION

In these terms and conditions, “we”, “us”, “our” and “Hayylo” means Hayylo Platforms Pty Ltd ACN: 609 980 421 and its related Bodies Corporate, and any successors or assigns. Any reference to “you” or “your” or “user” or “service provider” means you as a user of our Digital Assets.

 

ACCESS & CHANGES

These terms and conditions explain how you may use the Digital Assets, so please read them carefully. By accessing and/or using the Digital Assets, you agree to be bound by these terms and conditions of use (“Terms”). The Terms together with our Privacy Policy govern your interaction with us in relation to the Digital Assets. If you do not agree to these Terms, then you must not access or use any of the Digital Assets.

We reserve the right to update these Terms from time to time. An amended version will be posted on the mSite, mApps and/or Website and such changes will take effect upon posting. Your continued use of any of the Digital Assets following the posting of the updated Terms constitutes your acceptance of those changes.

 

SCOPE OF SERVICES

Hayylo acts solely as the operator of the Digital Assets which integrate a cloud platform for service providers to facilitate communications with their various stakeholders, including but not limited to internal staff, support teams, contractors, external providers, customers and families (our “Services”). You agree that the scope of our Services is limited to the supply of the Digital Assets as a cloud platform for you as a service provider to access or use. Hayylo does not itself provide your services and cannot be held responsible for any of your actions, omissions or representations on any of the Digital Assets.

 

THE HAYYLO PLATFORM

The Hayylo platform is a cloud application, mobile platform (iOS / Android) and voice platform (telephone) that allows users the ability to access, view or use various features:

  • Integration: to ensure Hayylo is aware of predetermined data held in service provider’s environment, such as schedule, client and worker changes, Hayylo integrates with database instances housed within the service provider’s environment or through Hayylo’s API’s.
  • Actions: is a prioritized list of “tickets” that can be routed through to other groups / teams. Tickets are coupled with intelligent notifications that are sent to clients / families confirming when changes have been processed.
  • Intelligent notifications: using SMS, email and in-app push notifications, users will have the option to receive notifications around various changes that occur to their services or platform features.
  • Offers: the ability to use the platform data to segment clients and target specific offers to users.
  • Social: allows users to share updates, information, pictures and videos on a social feed for the purpose of communicating general information about customers.
  • Invoice / Statement Delivery: an invoice presentation engine that can be used to present statement data to clients / families via the mobile applications. This can also work in conjunction with the payments / offers feature.
  • In home devices: wearables technology support and other IoT devices.

Branded mobile apps across both android and iOS operating systems and provisioned within the core Hayylo framework. Apps are deployed to the Google Play and Apple App Stores to allow clients / family members to download and interact with service provider and its services. The core features include but are not limited to:

  • the ability to raise requests
  • view schedules
  • receive reminders around upcoming services of service provider
  • receive notifications around any changes that occur
  • view who is assigned from the support team to the services of service provider
  • start acquiring feedback after service provider’s support teams provide services
  • other features such as payments, offers, invoices and family updates

 

USER INTERACTIONS

“Media Assets” refers to the content that is created by our customers on the Hayylo platform.

All interactions between users must be done through the Hayylo Platform and the Media Assets.

You expressly agreed that we have no responsibility and make no warranty in relation to the accuracy of any aspect of postings made by Users and in the event of any dispute it is up to the interacting parties to resolve any such matter of difference.

 

INFORMATION AND REGISTRATION

To obtain access to the Digital Assets, you must sign into your account (“Account”) which is created as part of the integration with your health provider’s data when we prompt you to download the mApps.

  1. you agree to immediately notify us when you become aware of any unauthorized use of your user name and/or password;
  2. you may cancel your registration at any time by notifying us or your health provider;
  3. we reserve the right to discontinue or cancel your registration if:
    1. you breach any of these terms and conditions or any applicable law; or
    2. we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

To safeguard the quality of the Hayylo Platform we may use the registration information provided to enhance the features available subject to and in accordance with our Privacy Policy. By registering for an Account, you consent to us contacting you from time to time by email or SMS.

 

FEES

Service Fee

Our fees are in a separate contract between you and us and are not included as part of these Terms.

 

CONTENT, REPRESENTATIONS & WARRANTIES

“Content” means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that user submits through the Digital Assets.

You acknowledge and agree that you are solely responsible for your Content. You warrant that none of the Content:

  1. is inappropriate, inaccurate, offensive or objectionable;
  2. infringes any third party’s intellectual property rights;
  3. is defamatory or brings the Digital Assets or Hayylo into disrepute in any way;
  4. falsely states, impersonates or otherwise misrepresents your identity or current address;
  5. is unlawful;
  6. is potentially or actually libelous, abusive, obscene, discriminatory, offensive or otherwise objectionable;
  7. includes information that is confidential or you do not have the right to disclose or make available under any law;
  8. contains software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of any of the Digital Assets.

You represent and warrant that:

  1. your use of the Digital Assets complies in all respects with these Terms,
  2. you will not use the Digital Assets in any manner that is unlawful, infringes the rights of any party or breaches these Terms,

You agree that Hayylo may in its absolute discretion remove, modify, edit or reject any objectionable Content or material published or submitted by you in our absolute discretion and that we retain complete editorial control.

 

DISCLAIMERS

While every effort has been made in the supply of our Services, the Digital Assets are provided to you without warranty of any kind. We do not guarantee that:

  1. all your requirements will be met; or
  2. your access and use will be uninterrupted, or
  3. that it will be error free.

You must take your own precautions to ensure that your access to the Digital Assets does not expose you to the risk of viruses, malicious computer codes or other forms of interference which may damage your computer system or data. If your use of the Digital Assets results in the need for servicing or replacing property, material, equipment or data, we are not responsible for any harm or loss that you suffer in any circumstances. We disclaim any and all liability for any loss or damage in connection with any interruption to access, errors or delays in functioning of the Digital Assets. You acknowledge and accept the risk of any communication to or from the Digital Assets and as to any Content that you publish on the Digital Assets.

While we endeavor to ensure information on the Digital Assets is current and accurate, we do not make any warranties or representations about the currency, completeness and accuracy of such information.

Users should exercise caution when using the Digital Assets including when making requests or undertaking requests. Users evaluate and bear all risks associated with the publishing or use of any Content, the supply of user’s services and when processing requests.

You have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by us. These terms and conditions do not exclude, restrict or modify those statutory rights in any way. To the extent that it is permitted by law, we make no representations or warranties, express or implied, other than as required by the Australian Consumer Law, as to the quality or suitability of the Digital Assets.

 

FEEDBACK ON SERVICES

Users may provide feedback by emailing hello@hayylo.com or within the mobile apps help tab.

 

INTELLECTUAL PROPERTY AND USE OF THE DIGITAL ASSETS

You acknowledge and agree that we retain all rights over the Digital Assets including but not limited to intellectual property rights and that no right, title or interest in the Digital Assets is transferred under these Terms or otherwise.

We grant you a limited, non-exclusive, non-transferable license to access and use the Digital Assets solely for your personal, non-commercial purposes. You agree that you will not commercialise any aspect of the Digital Assets or use our trademarks or logos, unless prior written consent is obtained from us.

The text, images, designs, graphics, pictures, applications, software, music, sound files, animation files, video files and their arrangement on the Digital Assets (Objects) are all subject to copyright and other intellectual property protection laws in Australia and other countries. The objects may not be copied, reproduced, adapted, transmitted or distributed, nor may they be modified or reposted to other sites in any manner.

Except as otherwise required by law, we reserve the right to revoke our permissions at any time and may suspend or deny you access to all or any part of the Digital Assets without notice.

Each time you submit any Content, you represent and warrant that:

  1. you are the sole author and owner of the intellectual property and other rights to the Content, or you have a lawful right to submit the Content and grant us the rights to use the Content without any obligation to obtain consent of any third party and without creating any obligation or liability to Hayylo;
  2. the Content is accurate;
  3. the Content will not infringe any intellectual property or other right of any third party; and
  4. the Content will not violate these terms and conditions or cause injury or harm to any person.

 

TERM AND TERMINATION

Except as otherwise required by law, we may block or suspend your access to the Digital Assets at any time in our absolute discretion including but not limited to for any use or feedback from other Users that your use of the Platform is problematic for other Users. In the event that access is suspended or terminated all relevant fees are still payable

 

VARIATION

You acknowledge that we may vary, modify or discontinue, temporarily or permanently, any or all of the Digital Assets and you agree that we are not liable to you or any third party for such variation, modification or discontinuance

 

LINKS AND ADVERTISEMENTS

The Digital Assets may contain links to other sites that are owned by third parties. These links are provided solely for your convenience and do not indicate either express or implied endorsement by us of the products or services that are provided by that site. When accessing third party sites and using their products and services you do so at your own risk

 

LIABILITY & INDEMNITY

You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, affiliates, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Digital Assets (including, without limitation, your posting of any Content), a breach of any of your representations and warranties or your breach of any of these terms and conditions.

To the maximum extent permitted by law:

  1. we have no liability to you, whether under contract for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Digital Assets or any linked websites or online material or data.
  2. we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use Digital Assets whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and
  3. our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:
    1. in the case of goods:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the repair of such goods;
      3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
      4. the payment of the cost of having the goods repaired; and
    2. in the case of services:
      1. the supply of the services again; or
      2. payment of the cost of having the services supplied again.

Subject to our obligations our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is $100.

 

NO AGENCY

No agency, partnership, joint venture, employee-employer or other similar relationship is created under this agreement.

 

CONFIDENTIAL INFORMATION

“Confidential Information” means, in relation to a party, that party’s trade secrets and all financial, customer personal information, marketing and technical information, ideas, concepts, know-how, technology, processes and knowledge which is by its nature confidential, or which the party has designated as being confidential to that party, but does not include any information which is generally available to the public (but not if it is generally available as a result of a party having breached any confidentiality obligation, whether under this Agreement or otherwise).

Each party under these Terms agrees not to disclose any Confidential Information of the other party to any third party except as mandated by law and except to those officers, directors and approved subcontractors who agree to be bound by similar confidentiality obligations. Each party agrees not to use any Confidential Information for any purpose except for carrying out its obligations owed to the other party under this Agreement. Each party agrees to keep the other party’s Confidential Information confidential using at least the same degree of care the party uses to protect the confidentiality of its own Confidential Information. This clause survives for a period of two years, following the termination or expiry of these Terms.

 

GENERAL

Any disclaimers or limitations of liability in these terms and conditions do not exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

These terms and conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Your use of the Digital Assets is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Digital Assets, including sending you electronic notices.

We may assign any of our rights under these terms and conditions without prior notice to you.

The operation of these Terms will survive cancellation of your registration or termination of your ability to access the Digital Assets.

These Terms and our Privacy Policy constitute the entire agreement between us and you in relation to the Digital Assets and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Digital Assets.

 

DATA AND USE OF INFORMATION

You own and control your data and we act as a data processor on your behalf. We will not obtain any ownership interest in any of the data that we obtain from you through the supply of our Services and Digital Assets. You grant us a licence to use, copy, transmit and store the data to enable us to perform our obligations under these Terms including our Services. You must keep backups of all data uploaded or processed through the Digital Assets. Except as otherwise required by law, we will return to you all of your data upon your written request within one (1) month (the ‘Retention Period’) of termination or end of these Terms. You agree that it is your responsibility to seek the data from us and that we will not retain a backup or copy of your data(other than as required by law) after the Retention Period following the termination or expiry of this Agreement for any reason. You agree that the deleted data will be irrecoverable after the Retention Period.

Subject to the terms of our Privacy Policy, Hayylo may exchange your information with agents, representatives, or contractors of Hayylo and with credit reporting and debt collection agencies for the purposes of carrying out its business. Such use and exchange of information will be subject to and in accordance with the Privacy Act 1988 (Cth) (including the Australian Privacy Principles) and and Hayylo’s credit reporting policy.

Hayylo may include your name or logo in a list of its clients, vendors, service providers and social media channels.