Terms & Conditions

This website is provided by HY & Co. ABN 98 808 020 410. From herewith, the usage of “we”, “us” or “our” shall constitute reference to HY & Co. the legal owner of all associated software modules and codes. Access to and use of this website is subject to these Terms of Use. By accessing this website you agree that you acknowledge and accept these Terms.

General

  • We reserve the right to make changes to these Terms at any time.
  • A failure or delay by us in exercising a right under these Terms or at law does not constitute a waiver by us of that right.
  • If you have any questions about these Terms, please do not hesitate to contact us via the ‘Contact’ page.
  • These Terms are governed by the Laws applicable in New South Wales, Australia. 

Acceptance of Contract

  • Any instructions received by the Company from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
  • Where more than one Client has entered into this agreement, the Client’s shall be jointly and severally liable for all payments of the Price.
  • By paying the Purchase Order, you have agreed to the terms described in the quote and full list of terms here.
  • Upon acceptance of these terms and conditions by the Client, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Company.

Privacy

  • We respect your privacy and are committed to using and protecting your Personal Information in compliance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth).
  • We may collect any Personal Information (as defined in the Privacy Act 1988 (Cth)) you choose to provide us via the ‘Contact’ page and we may use email addresses provided to send updates and news regarding HY & Co. or the website. You may choose not to receive this type of communication by ‘opting out’ at the bottom of any such email communication.
  • We will not disclose any Personal Information to any third parties without your consent unless we are required to do so by law, to enforce these Terms or in the event of the sale of HY & Co. to a third party.
  • We may collect anonymous information about your usage of the website such as your IP Address and we may use cookies to store information about your visits to the website, which will allow us to improve your viewing experience. We will not link any anonymous information or information we store in cookies to any Personal Information you provide. If you do not want us to use cookies to store anonymous information, you can use your web browser to disable the acceptance of cookies. However, disabling cookies may affect your ability to use our website.
  • We may provide links to other third party websites on our website. We are not responsible for the privacy policy or practices of the third party websites and do not endorse the content that may be contained on those websites.
  • You are under no obligation to provide Personal Information to us but if you withhold requested information we may not be able to provide you with the services you seek via the ‘Contact’ page.
  • You may request access to any Personal Information we hold about you or make a request that we amend your Personal Information. However, we may refuse to allow you access to that information, and in the event we do, we will provide an explanation.

Intellectual Property

  • Unless we indicate otherwise, we own all copyright and other intellectual property rights attaching to the content of this website. If any of the material contained on this website is the intellectual property of someone else, we have included the material on our website under a licence or agreement with the owner.
  • Any intellectual property rights we’ve developed prior to, or developed separately from this project are not paid for by you. We own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
  • You are provided access to the copyright and other intellectual property rights contained on this website for your personal use only and not for any commercial use.
  • Nothing contained on this website is to be construed as granting you with any licence or right of use for any of the intellectual property contained on this website. If you want to publish, transmit, display, reproduce or otherwise use any material on our website for any other purpose you must obtain our prior written permission.

Liability & Indemnity

  • We are not liable to you or any third party for any loss, damage, cost or expense (whether direct, indirect or consequential) under contract, tort, statute or otherwise, however caused and whether arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through our website or otherwise with us;
  • We exclude all implied terms and warranties, whether statutory or otherwise, relating to your use and access of this website; and
  • You agree to indemnify us from and against all claims made against us arising out of or related to:
    1. your failure to comply with these Terms;
    2. the violation by you of ours or any third party’s intellectual property rights or other proprietary rights arising in connection with your use of this website and any other occasion where such violation occurs in relation to our reliance on your instructions or specifications; and
    3. your failure to comply with any applicable laws.

Administration Access

  • By default, all clients of HY & Co. will receive restricted access to their website / app. If requested, the client may request administration or full access. If accepted, HY & Co. will no longer be held responsible for security, unwanted changes or alterations to the website.
  • If any issues arise that are directly related to the elevated privileges, HY & Co. is obliged to quote for these at an agreed hourly rate.
  • If the request of full / administrator access is made during the warranty period (30 days), the warranty period will automatically be terminated. This also applies to the handover of source files. If source files are requested by the client during the warranty period, HY & Co. can no longer be held responsible for the website and therefore the warranty will be terminated.

Termination

  • These Terms are effective until terminated by us, and we may terminate this agreement and your access to this website at any time without notice.
  • In the event we terminate this agreement, you are no longer authorised to access this website but all restrictions imposed on you and all disclaimers and limitations of liability set out in these Terms will survive.