These terms and conditions govern HubeX’s policy for Member Refunds (“Member Refund Policy”) and the obligations of the Service Provider associated with the Member Refund Policy. The Member Refund Policy applies in addition to HubeX’s Terms of Service (“HubeX Terms”). The Member Refund Policy is available to Members who make a Service Booking and pay for the service through the HubeX Platform and have either a change of mind or suffer an unexpected Service Issue (as defined below at 1A). The Member’s rights under this Member Refund Policy will supersede the Service Provider’s Cancellation Policy.
All capitalized terms shall have the meaning set forth in the HubeX Terms or Payments Terms unless otherwise defined in this Member Refund Policy.
By using the HubeX Platform as a Service Provider or Member, you are indicating that you have read and that you understand and agree to be bound by this Member Refund Policy.
1. Service Issue
A “Service Issue” means any one of the following:
(a) the Service Provider of the Listing Service (i) cancels a confirmed Service Request after service commenced or (ii) fails to provide the Member with the reasonable ability to complete the expected outcome of the listing Service (e.g. no confirmation of expected refund, failed to deliver what was quoted on listing service or ATO Notice of Assessment received for tax refund).
(b) the Service Provider’s description or depiction of the Listing Service is materially inaccurate with respect to:
(c) at the start of the Member’s requested Service Booking (i) the Listing Service is not generally covering all aspects of the Service Request ; (ii) the Service Provider is not qualified, in HubeX’s judgment to provide the Service Request requested.
2. The Member Refund Policy
If you are a Member and suffer a Service Issue, you are covered by this policy as follows:
Up to 48 hours after Service Booking Confirmation. If you report a Service Issue up to 48 hours after Service Booking Confirmation, we agree, at our discretion, to either (i) Reimburse you the amount paid by you through the HubeX Platform (“Total Fees”), or (ii) Use our reasonable efforts to help you find and request a replacement service to be delivered within an acceptable time frame . HubeX shall decide whether an issue reported by a Member qualifies as a Service Issue, whether to reimburse or rebook a Member who suffers a Service Issue and whether an alternate Listing Service is comparable or better.
More than 48 hours after confirmation acceptance. If you report a Service Issue more than 48 hours after Service Booking confirmation, we agree, at our discretion, to either (i) reimburse you up to the Total Fees paid by you depending on the nature of the Service Issue suffered, or (ii) use our reasonable efforts to help you find and book another Listing Service for any outstanding Service Booking which is reasonably comparable to the Listing Service described in your original Service Request in terms of service delivery and quality.
HubeX’s decisions under the Member Refund Policy are final and binding on Members and Service Providers but do not affect other contractual or statutory rights you may have. Any right that you may have to initiate legal action remains unaffected.
3. Conditions for making a Claim
To submit a valid claim for a Service Issue and receive the benefits with respect to your Service Booking request, you are required to meet each of the following conditions:
(a) You must be the Member that booked the requested Listing Service;
(b) You must report the Service Issue to us in writing after discovering the existence of the Service Issue, and you must provide us with evidence or written documentation about the Listing Service and the circumstances of the Service Issue;
(c) You must respond to any requests by us for additional information or cooperate on the Service Issue within the time specified by HubeX;
(d) You must not have directly or indirectly caused the Service Issue (through your action, omission or negligence);
(e) Unless otherwise specified by HubeX, HubeX advises you that the Service Issue cannot be remediated and you must use reasonable efforts to try to remedy the circumstances of the Service Issue with the Service Provider; and
(f) In order to receive a reimbursement of Total Fees or assistance with booking an alternative Listing Service, you must agree to reject service documents received from the original Listing Service. If you choose to maintain or keep documents of the Listing Service, you may still qualify for a partial refund at HubeX’s discretion as described in this policy (regardless of whether you reported the Service Issue up to 48 hours after receiving confirmation).
4. Minimum Quality Standards, Service Provider Responsibilities and Reimbursement to Member
4.1 If you are a Service Provider, you are responsible for ensuring that the Services you list on the HubeX Platform are deliverable and qualified to do, You are also responsible for ensuring that you do not present a Member with Service Issues and that you are available to try, in good faith, to resolve any Service Issues or other Member issues.
4.2 If you are a Service Provider, and if (i) HubeX determines that a Member has suffered a Service Issue related to a Service listed by you and (ii) HubeX either reimburses that Member (up to their Total Fees) or provides an alternative Listing Service to another Service Provider, you agree to reimburse HubeX up to the amount paid by HubeX within 30 days of HubeX’s request. If the Member is rescheduled to an alternative Listing Service, you also agree to reimburse HubeX for reasonable additional costs incurred to reschedule the Member. You authorize HubeX Payments to collect any amounts owed to HubeX by reducing your Payout or as otherwise permitted pursuant to the Payments Terms.
4.3 As a Service Provider, you understand that the rights of Members under this Member Refund Policy will supersede your selected Cancellation Policy. If you dispute the Service Issue, you may notify us in writing and provide us with information (other evidence) disputing the claims regarding the Service Issue. In order to dispute a Service Issue, you must first use reasonable and good faith efforts to try to remedy any Service Issue with the Member unless HubeX advises you that the Service Issue cannot be remediated or the Member has moved on to an alternate Listing Service.
5. General Provisions
5.1 No Assignment/No Insurance This Member Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Member and the Member has not paid any premium in respect of the Member Refund Policy. The benefits provided under this Member Refund Policy are not assignable or transferable by you.
5.2 Modification or Termination HubeX reserves the right to modify or terminate this Member Refund Policy, at any time and in its sole discretion. If HubeX modifies this Member Refund Policy, we will post the modification on the HubeX Platform or provide you with notice of the modification and HubeX will continue to process all claims for Service Issues made prior to the effective date of the modification according to the then applicable policy.
5.3 Entire AgreementThis Member Refund Policy constitutes the entire and exclusive understanding and agreement between HubeX and you regarding the Member Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between HubeX and you regarding the Member Refund Policy.
6. Contacting HubeX
If you have any questions about the Member Refund Policy, please email us.