Terms and Conditions

TERMS AND CONDITIONS OF USE

1 About the Application

1.1 Please read these terms and conditions (the Terms) carefully before using our website, www.hivee.app or our mobile application (collectively the Application). The Application is operated by HiveeClub (ABN 95 648 557 564) (HiveeClub). Access to and use of the Application, or any of its associated services, is provided by HiveeClub.

1.2 The Application is a mobile and web-based marketplace that allows Users of the Application to:

(a) view information, purchase tickets and gain entry for events (the Events), performers at Events or upcoming news and promotions relating to Events;

(b) view profiles of other Users through the Application and their attendance at Events;

(d) other services and experiences which HiveeClub may offer from time to time through the Application, (the Services).

1.3 HiveeClub reserves the right to review and change any of the Terms by updating this page at its sole discretion. If HiveeClub updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. The access and use of the Application by you after HiveeClub makes any changes constitutes the acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Application and any of its associated products or Services immediately.

2 Acceptance of the Terms

2.1 By using and/or browsing the Application, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of our Services, immediately.

2.2 You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by HiveeClub in the user interface of the Application.

2.3 These Terms are the agreement between you and HiveeClub. You may not access the Application, use the Services or accept the Terms if:

(a) you are below the age of 18 years old; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident in or from which you use the Services.

2.4 By accepting these Terms, you warrant that you have familiarised yourself with, and agree to be bound by the Terms, and the Privacy Policy found at www.hivee.app/privacypolicy (the Privacy Policy). If you do not agree to the Terms or the Privacy Policy, you must cease usage of the Application and any of its associated products or Services immediately.

3 Definitions

3.1 Activity means the User’s access, participation, interaction or browsing through the Application.

3.2 Objectionable Behaviour includes, but is not limited to, any behaviour that is unlawful, sexual, harassing, threatening, abusive, violent, discriminatory, intimidating, predatory, or the sending of Objectionable Content via direct message to other Users, or that otherwise would disrupt others’ enjoyment of the Application.

3.3 Objectionable Content means any content relating to escort or adult services; nudity or pornography; asking for or offering money; advertising of a business or self promotion; terrorism or promoting terrorist groups; real-estate, prescription medication or illegal substances and tobacco products.

3.4 Profile means a User profile created by the User on the Application and available for other Users to view and engage in accordance with these terms and conditions.

3.5 User means you as the user of the application or any other user of the Application, dependent upon how the term applies in the context.

4 Registration

4.1 In order to access the Services, you are required to register with the Application by creating an account. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself, including the following:

(a) your name;

(b) your email address;

(d) your phone number;

(e) a preferred username; and

(f) a preferred password.

4.2 You acknowledge and agree that:

(a) providing false and misleading personal information is grounds for immediate termination of your account or banning you from the Application without notice;

(b) by supplying HiveeClub with your email address and phone number, you may receive regular emails, newsletters, telephone calls or SMS updates from HiveeClub in order to keep you informed about HiveeClub’s Events. If you do not wish to receive updates from HiveeClub, you may contact HiveeClub at info@hivee.app or for emails, click ‘Unsubscribe’ at the bottom of the email;

(c) any personal and registration information you provide to HiveeClub will always be accurate, correct and up to date. If at any time the personal information you have provided to HiveeClub changes, you must update it immediately; and

(d) HiveeClub is only providing you the Services, and does not participate in any transaction between the Users.

5 The Services

5.1 By HiveeClub offering its Services to you, you acknowledge and agree that:

(a) HiveeClub may receive a commission, benefit, or fee from third parties in relation to the provision of the Services to you;

(b) HiveeClub does not, at any time, provide any guarantees whatsoever, whether express or implied, with respect to the success of the Service;

(d) these Terms do not create a relationship of employment, trust, joint venture, agency, partnership or other relationship of a fiduciary nature between the parties.

5.2 You acknowledge and agree that HiveeClub has entered into these Terms in reliance on the acknowledgements, representations and warranties given by you in these Terms.

6 Your obligations as a User

6.1 As a User, you acknowledge and agree with the following:

(a) to comply with the Terms;

(b) use the Application and the Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions where you use this Application;

(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address and you will not disclose to any third party the password used to access your account. You agree to immediately notify HiveeClub of any unauthorised use of your password or email address or any breach of security of which you have become aware. Use of your password by any other person may result in the immediate cancellation of the Services. Any use of your registration information by any other person, or third parties, is strictly prohibited;

(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of HiveeClub providing the Services and only for the duration that you are a User;

(e) that you are personally liable for the account, even if you are acting on behalf of a third party or your Child;

(f) to not disclose to any third party the password used to access your account. If you discover that a third party has accessed your account or knows your account password, you must immediately notify HiveeClub in writing at info@hivee.app;

(g) that you are solely responsible for the activity that occurs under your account, including but not limited to any direct messages you send, or your Profile;

(h) you must not:

(i) create a Profile that is illegal in the jurisdiction where you use the Application;

(ii) create a Profile that contains any Activity, photographs or description concerning or containing Objectionable Content;

(iii) post anything to the Application which is not related to an Activity or that contains Objectionable Content;

(iv) expressly or impliedly impersonate another User or use the account or password of another User at any time;

(v) use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

(vi) provide false information including false names, addresses and contact details;

(vii) use the Application unlawfully or in a manner that violates any applicable laws, regulations or these Terms;

(viii) hack into any part of the Application or attempt to circumvent HiveeClub’s security, systems, infrastructure or network to access data not intended for you;

(ix) interfere with the servers or networks connected to the Application or the Services, or violate any of the procedures, policies or regulations of networks connected to the Application or the Services;

(x) engage in conduct or access the Application in a way that will impose an unreasonable or large burden of traffic demands on HiveeClub’s infrastructure or to generate leads;

(xi) introduce or transmit files that contain a virus, malware, “spam”, “chain letters” promotional materials, or “junk mail”;

(xii) upload or post content to the Application which is false, misleading, defamatory or contains sexually explicit material, references or innuendos;

(xiii) act in a way that constitutes an Objectionable Behaviour;

(xiv) use the Application or Services in connection with any commercial endeavours except those that are specified or approved by the Terms;

(xv) use the Application or Services for any illegal and/or unauthorised use which includes collecting email addresses of other Users by electronic or other means for the purpose of sending unsolicited communication or unauthorised framing of or linking to the Application;

(xvi) create derivative works of the Application or an application substantially similar or a direct copy of the Application such that confusion may occur as to which Application is operated by HiveeClub;

(xvii) resell or export the software associated with the Application or any of the videos uploaded on the Application; and

(xviii) automate the use of the Application; and

(i) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by HiveeClub for any illegal or unauthorised use of the Application.

7 Using the Application as a User

7.1 HiveeClub offers a platform that provides the User with an opportunity to:

(a) view and browse other User’s Profiles, including viewing their names, their age, their Activity and photographs;

(b) create a Profile to connect with other Users for an Activity;

(d) interact with other Users in a private or public forum; and

(e) report and block other User’s if they engage in Objectionable Behaviour or upload, post or transmit to you Objectionable Content or create a Profile that contains Objectionable Content.

7.2 To report another User for any Objectionable Behaviour and/or Objectionable Content, you may click the ‘Report’ button located in the Application, and complete the online form.

7.3 If you access or download HiveeClub’s Application from:

(a) the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service;

(b) the Google Play Store, you agree to the relevant Android, Google Inc. Terms and Conditions, including the Google Apps Terms of Service; or

7.4 You acknowledge and agree:

(a) that HiveeClub only offers the Services and is in no way responsible for any Activity, verifying that a User is suitable for the Activity or the Users participation in the Activity;

(b) participation in the Activity will be provided once it is accepted and agreed upon between the Users;

(d) that HiveeClub is not responsible for the information provided by a User regarding their Profile;

(e) that HiveeClub does not tolerate any Objectionable Behaviour made towards another User, and as such, HiveeClub reserves its right, at any time and without prior notice, to remove or disable your access to the Application at HiveeClub’s discretion and for any reason, including but not limited to, if HiveeClub believes that you have caused any abusive, threatening, sexist or racist comments or actions, or other Objectionable Behaviour made towards another User;

(f) that HiveeClub moderates and filters any content that you upload, post or transmit on the Application, including but not limited to, text and images, and as such, HiveeClub reserves its right, at any time and without prior notice, to remove or disable your access to the Application at HiveeClub’s discretion if HiveeClub believes that you have uploaded or posted any Objectionable Content and remove the Objectionable Content from the Application;

(g) that if a report is made against you concerning Objectionable Content, HiveeClub will investigate and review the report and the content and may remove your access to the Application and the Objectionable Content within 24 hours of the report being made if HiveeClub finds that the content uploaded, posted or transmitted breaches these Terms or is deemed to be Objectionable Content; and

(h) to communicate with other Users respectfully and professionally.

8 Creating a Profile

8.1 When creating a Profile, the User acknowledges and agrees that:

(a) the Profile will be of a professional standard and will not violate any applicable laws;

(b) the Profile and any content on the Profile does not infringe any intellectual property rights or other rights under the applicable law;

(d) any text, photos and information uploaded or posted onto the Application in relation to the Profile is accurate, current and correct to the best of your knowledge; and

(e) you are responsible for immediately removing your Profile if the Profile breaches any relevant laws or upon HiveeClub’s request.

8.2 You acknowledge and agree that HiveeClub reserves the right, at any time and without prior notice, to remove the Profile from or disable your access to the Application at HiveeClub’s sole discretion without notice and for any reason, including, but not limited to, if HiveeClub finds that:

(a) the Profile is misleading or false;

(b) the Profile is offensive;

(d) the Profile violates these Terms;

(e) the Profile is harmful or damaging to the Application, the Services, and the Users;

(f) the Profile contains Objectionable Content;

(g) the Profile has been reported by other User’s to contain Objectionable Content;

(h) HiveeClub is required to by law, or requested to by law enforcement; or

(i) a claim is made that the Profile violates the intellectual property rights of a third party.

9 Location Settings

9.1 You agree that HiveeClub may, through the Application collect, hold and share your location or attendance at Events and share this with other Users.

9.2 You may restrict the Application’s access to your location but this may restrict access to Activities or your user experience of the Application.

10 Copyright and Intellectual Property

10.1 The Application, the Services and all of the related products of HiveeClub are subject to copyright. The material on the Application is protected under copyright laws and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Application (including text, graphics, logos, button icons, video images, audio clips and software) (the Content) are owned or controlled for these purposes, and are reserved by HiveeClub or its licensors.

10.2 HiveeClub retains all rights, title and interest in and to the Application and all related Content. Nothing you do on or in relation to the Application will transfer to you:

(a) the business name, trading name, domain name, logo, trademark, industrial design, patent, registered design or copyright of HiveeClub; or

(b) the right to use or exploit a business name, trading name, domain name, logo, trademark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

10.3 Subject to clause 10.2, you retain all rights, title and interest (including copyrights, patents and trade marks) in the content uploaded in the Profile and any of its other content uploaded to the Application (the Uploaded Content). You grant to HiveeClub a non-exclusive, transferable, royalty-free licence to use your Uploaded Content, trade marks and business name for marketing and promotional purposes via the Application, social media and any other medium HiveeClub deems fit. HiveeClub will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Uploaded Content (Derivative Materials).

10.4 You acknowledge and agree that HiveeClub exclusively and unconditionally owns the Moral Rights in all the Derivative Materials, materials and documents relating to the Products or Services.

10.5 You acknowledge and agree that to the extent that you have Moral Rights in any of the Content, Derivative Materials, materials, and documents relating to the Terms, you will provide a Moral Rights Consent to HiveeClub.

10.6 You may read and copy the Content to the extent necessary to use the Services, but you may not publish, resell or sub-licence it. HiveeClub makes no guarantees, representations or warranties about the accuracy or correctness of any of the information on HiveeClub.

10.7 For purposes of clause 10.8, the term “Marks” will mean the trademarks, service marks, trade names, copyrights, logos, slogans and other identifying symbols and indicia of the applicable party.

10.8 Subject to these Terms, you hereby grant to HiveeClub and its affiliates for no consideration, a limited, non-exclusive and non-transferable license to use your Marks, on a royalty-free basis, for the sole purpose of performing the promotional activities as set forth in media or promotional guidelines (if any). All goodwill related to the use of any Marks shall inure to the benefit of the owner of such Marks.

10.9 You may not, without the prior written permission of HiveeClub and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose.

11 Privacy

HiveeClub takes your privacy seriously and any information provided through your use of the Application and/or the Services are subject to the Privacy Policy at www.hivee.app/privacypolicy.

12 General Disclaimer

12.1 You acknowledge and agree that HiveeClub does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding any Activity other than provided for pursuant to these Terms.

12.2 HiveeClub does not warrant or represent that any Activity and Profile listed on the Application is free from error or omission or that they have been accurately described.

12.3 HiveeClub does not provide any guarantees as to the quality of the Activity, the Profile or the Application.

12.4 You acknowledge and agree that due to the nature of the Services, HiveeClub will use its best endeavours to verify Users, and filter any Profiles, text, and images uploaded and posted onto the Application, however, HiveeClub does not guarantee or represent that all Users are verified and that you will not encounter any Objectionable Content. The User is responsible for assessing other User’s and their suitability prior to agreeing to participate in an Activity.

12.5 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

12.6 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) HiveeClub will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

12.7 Use of the Application, the Services, and any of the products of HiveeClub is at your own risk. Everything on the Application, the Services, and the products of HiveeClub, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of HiveeClub make any express or implied representation or warranty about its Content or any products or Services (including the products or Activity’s of HiveeClub) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Application, the Service, or any of its Content related products (including third party material and advertisements on the Application);

(d) the Content or operation in respect to links which are provided for the User’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Application; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

13 Competitors

13.1 If you are in the business of providing similar Services as HiveeClub, for the purpose of providing them for a commercial gain, then you are a competitor of HiveeClub. Competitors are not permitted to use or access any information or content on the Application. If you breach this clause, HiveeClub will hold you responsible for any loss that HiveeClub may sustain and hold you accountable for all profits that you might make from such a breach.

14 Limitation of Liability

14.1 All Parties’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent fee (if any) paid by you under these Terms, or where you have not paid the fee, then the total liability of HiveeClub is the resupply of the Services to you.

14.2 You expressly understand and agree that the Parties to these Terms, and their affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

14.3 HiveeClub is not responsible or liable for, including loss of profit, in any manner for:

(a) any site content (including the Content and Third Party Content) posted on the Application or in connection with the Services, whether posted or caused by Users, by third parties or by any of the Services offered by HiveeClub;

(b) any loss, including loss of profit, for the provision of any Activity or Event;

(d) any variation, postponement or cancellation of an Activity or Event; or

(e) if a User does not attend the location to complete the Activity or Event at the time arranged.

14.4 HiveeClub is not liable or responsible for any personal injury to or death of any User during the provision of the Activity.

14.5 HiveeClub does not control and is not responsible for:

(a) the behaviours and actions of Users and accordingly, HiveeClub is not responsible for any offensive, inappropriate, obscene or unlawful actions that you may encounter when liaising with another User, or in connection with your use of the Services;

(b) the Activity or Profiles of other Users; or

(c) any variation, postponement or cancellation of an Event or refunds, credits or any after-purchase transactions associated with these Events.

Termination of Contract

14.6 The Terms will continue to apply until terminated by either you or by HiveeClub as set out below.

14.7 If you want to terminate the Terms, you may do so by:

(a) providing HiveeClub with a written notice at any time of your intention to terminate by writing to HiveeClub via the ‘Contact Us’ link on the Application’s homepage; and

(b) closing your accounts for all of the Services which you use, where HiveeClub has made this option available to you.

14.8 Your elected termination will be effective upon receipt of the notice of your intention to terminate by HiveeClub. Notwithstanding the aforementioned, HiveeClub reserves the right to pursue you in relation to any obligations accrued prior to the date of termination.

14.9 HiveeClub may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) HiveeClub is required to do so by law;

(c) the partner with whom HiveeClub offered the Services to you has terminated its relationship with HiveeClub or ceased to offer the Services to you;

(d) HiveeClub is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or

(e) the provision of the Services to you by HiveeClub is, in the opinion of HiveeClub, no longer commercially viable.

14.10 Subject to local applicable laws, HiveeClub reserves the right to discontinue or cancel your use of and access to the Application at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts HiveeClub’s name or reputation or violates the rights of those of another party.

14.11 When the Terms come to an end, all of the legal rights, obligations and liabilities that you and HiveeClub have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

15 Indemnity

15.1 You agree to indemnify HiveeClub, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Application and/or Services, including, but not limited to:

(a) any misuse of the Application or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;

(b) your breach of the Terms, including any misuse of the Content;

(c) any interaction between the Users, including but not limited to an Activity, participating in an Activity, or a Profile; or

(d) any activity which you engage in on the Application or through HiveeClub, including uploading or posting information.

15.2 This indemnity will survive termination of the Terms.

16 Force Majeure

16.1 Force Majeure Event means a cause beyond a Party’s reasonable control such as acts of God, regulation or other acts of civil or military authority, a change in laws, fires, riots, protests, embargoes, floods, or any communicable diseases, quarantine restrictions, delays in transportation, inabilities to obtain necessary labour, materials, or manufacturing facilities, or telecommunication or utility failure or outage.

16.2 No Party to the Terms will be liable to any other Party for any loss or damages resulting from the delay or failure to perform as required by any provisions of the Terms that result from or are related to a Force Majeure Event.

17 Dispute Resolution

17.1 If a dispute arises out of or relates to the Terms, any parties may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

(a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(b) On receipt of that notice (Notice) by that other party, the parties to the Terms (the Dispute Parties) must within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

(c) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Dispute Parties are prohibited from instituting legal proceedings concerning the subject matter of the dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the ICC Rules of Arbitration (or any rules which supersede these rules). The seat of arbitration shall be Perth, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. This clause may be used as a bar to legal proceedings issued in any Court in any country which has ratified the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958.

(d) All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

18 Venue and Jurisdiction

18.1 In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

19 Governing Law

19.1 The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20 Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

21 Entire Agreement

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

22 Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

23 Waiver

23.1 A waiver of any right, power or remedy under these Terms must be in writing signed by the party granting it.

23.2 A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

23.3 The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms does not amount to a waiver.

24 Assignment

24.1 You may not assign your rights or delegate your duties under these Terms or any additional terms without our prior written consent.

24.2 A purported assignment without written consent will be deemed to be void and convey no rights.

24.3 HiveeClub may assign its rights or delegate its duties under these Terms or any additional terms without our prior written consent.

25 Contact

If you wish to notify us about anything relating to these Terms, please contact us at info@hivee.app.

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