Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the HubeX Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all HubeX Members. It affects how disputes with HubeX are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using HubeX!
These Terms constitute a legally binding agreement ("Agreement") between you and HubeX (as defined below) governing your access to and use of the HubeX website, including any subdomains thereof, and any other websites through which HubeX makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "HubeX Services"). The Site, Application and HubeX Services together are hereinafter collectively referred to as the “HubeX Platform”. Our Member Refund Policy and other Policies applicable to your use of the HubeX Platform are incorporated by reference into this Agreement.
When these Terms mention “HubeX,” “we,” “us,” or “our,” it refers to the HubeX Platform you are contracting with being Hub eXchange Pty Ltd ABN 648 969 573 of Suite 14, 2 O’Connell Street PARRAMATTA NSW 2150 AUSTRALIA
Our collection and use of personal information in connection with your access to and use of the HubeX Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the HubeX Platform and its partner services ("Payment Services") are provided to you by one or more HubeX Payments entities (individually and collectively, as appropriate, "HubeX Payments") as set out in the Payments Terms of Service ("Payments Terms").
Service Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to the Services they are qualified to provide (as defined below). Service Providers must have a valid registration, permit or licence along with adequate professional indemnity insurance before providing a listing of Services on HubeX Platform (such as a Tax Agent Licence for tax practitioners or a valid AFSL or be a AFSL representative licence holder, etc). Service Providers on Hubex platform are alone responsible for identifying and obtaining any required licences, permits or registrations for any Services they offer. Registration on HubeX will automatically validate some licences with the relevant authorities prior to acceptance of your HubeX registration. Certain types of Services may be prohibited altogether and we will update over time depending how services are delivered. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how the laws apply to your Service(s) on HubeX, you should always seek legal guidance.
1. Scope of HubeX Services
1.1 The HubeX Platform is an online hub that enables registered users (“Members”) and certain third parties who offer tax, accounting, financial services and related services ( Third parties who offer services are “Service Providers” and the services they offer via the HubeX Platform are “Listings” to communicate and transact directly. Members that are seeking to obtain such Services may include tax returns from TPB registered tax agents, accounting and bookkeeping from TPB registered tax practitioners, financial services & related services from Authorised Representatives of ASIC registered AFSL holder, Property Depreciation schedule from qualified quantity surveyor, Estate planning from licensed legal service providers, and a variety of other financial and non- financial related services.
1.2 HubeX does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any of the Services directly, nor is HubeX an organiser or retailer of the offered services. Service Providers are either from Default Service Providers who are sourced from our Partner program or your own choice of service providers. alone are responsible for their offered Services. When Members request or accept a service, they are entering into a contract directly with each other. HubeX is not and does not become a party to or other participant in any contractual relationship between Members, nor is HubeX an authorised agent or insurer. HubeX is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, HubeX has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services on offer via the platform, (ii) the truth or accuracy of service provider atings, reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. HubeX does not endorse any Member or Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by HubeX about any Member, including the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to acquire the service or participate in a program to experience or use other services from other members, accept a service request from a member, or communicate and interact with other Members, whether online or in person.
1.4 If you choose to use the HubeX Platform as a Service Provider from a partner platform or directly, your relationship with HubeX is limited to being an independent, third party platform, and not an employee, agent, joint venturer or financial partner of HubeX for any commercial reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of HubeX. HubeX does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Services on offer. You acknowledge and agree that you have complete discretion whether to list your Services or otherwise engage in other business or employment activities.
1.5 To promote the HubeX Platform and to increase the exposure of services to potential clients, Service pProviders’ content may be displayed on other websites, in applications, within emails, or in online advertisements.
1.6 The HubeX Platform may contain links to third party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. HubeX is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by HubeX of such Third-Party Services.
1.7 Due to the nature of the Internet, HubeX cannot guarantee the continuous and uninterrupted availability and accessibility of the HubeX Platform. HubeX may restrict the availability of the HubeX Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the HubeX Platform. HubeX may improve, enhance and modify the HubeX Platform and introduce new HubeX Services from time to time.
2. Eligibility, Using the HubeX Platform, Member Verification
2.1 In order to access and use the HubeX Platform or register a HubeX Account you must be an individual aged at least 18 years old or a duly organized, validity of existing business, organization or other legal entity in good standing under the Australian laws and able to enter into legally binding contracts.
2.2 HubeX Members may access and use the HubeX Platform, or certain areas or features of the HubeX Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific eligibility criteria, meeting Ratings or Reviews thresholds, Service Requests and Service Cancellation history.
2.3 User ID verification is required for Service Requests and is provided by a pre-selected Third Party Service provider. Once your member ID has been verified, subsequent Service Requests may not require further ID verification again unless this requirement is specified. As ID verification is provided by a third party, it is an independent service which can be reused for other services where ID verification is required including banking, finance application or any other legal or compliance services. Notwithstanding the above, for fraud prevention purposes and regulatory or compliance services such as tax returns, and as permitted by applicable laws, we (i) ask Members to enter their Tax File Number or ABN or other information or regulatory ID (ii) screen Members’ details against the ABR and or ATO databases or other sources for verification and/or prefilling as part of the service requested for service providers to complete.
2.4 The access to or use of certain areas and features of the HubeX Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the HubeX Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the HubeX Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
HubeX reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the HubeX Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective and your continued access to or use of the HubeX Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("HubeX Account") to access and use certain features of the HubeX Platform, such as tax and financial calculators or tools and requesting or listing of services. If you are registering a HubeX Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a HubeX Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (SNS Accounts). You have the ability to disable the connection between your HubeX Account and your SNS Account at any time, by accessing the "Settings" section of the HubeX Platform.
4.3 You must provide accurate, current and complete information during the registration process for any services to be requested on the platform and keep your HubeX Account and public HubeX Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) HubeX Account unless it is a family member or related entity. HubeX verifies your Regulatory details to ensure no duplication of account can be created. You may not assign or otherwise transfer your HubeX Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your HubeX Account credentials and may not disclose your credentials to any third party. You must immediately notify HubeX if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your HubeX Account. You are liable for any and all activities conducted through your HubeX Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials and facility for 2 factor authentication).
4.6 HubeX may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your HubeX Account. For example, we may enable Members to link their HubeX Accounts to other family member accounts, businesses and take actions for those family members or businesses. We may enable eligible Members to request services on behalf of other Members ie couple requesting tax return services for both members. These features do not require that you share your credentials with any other person. No third party is authorized by HubeX to ask for your credentials, and you shall not request the credentials of another Member.
5. Content
5.1 HubeX may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and or store substantiation documents, service agreements, service reports, statementof advice, receipts, photos of receipts, or other materials and information on or through the HubeX Platform ("Member Content"); and (ii) access and view their Member Content and any content that HubeX itself makes available on or through the HubeX Platform, including proprietary content and any content licensed or authorized for use by or through HubeX from a third party ("HubeX Content" and together with Member Content, "Collective Content").
5.2 The HubeX Platform, HubeX Content, and Member Content may in its entirety or in part be protected by copyright, and/or other common laws. You acknowledge and agree that the HubeX Platform and HubeX Content, including all associated intellectual property rights, are the exclusive property of HubeX and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the HubeX Platform, HubeX Content or Member Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the HubeX Platform, HubeX Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the HubeX Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by HubeX or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, HubeX grants Members a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the HubeX Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating your profile, entering your details, uploading, requesting, sending, receiving, storing, or otherwise making available any Member Content on or through the HubeX Platform, Members grant to HubeX a non-exclusive, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, transmit, and otherwise exploit in any manner such Member Content to provide and/or promote the HubeX Platform services, on any platform. Insofar as Member Content includes personal and financial information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, HubeX does not claim any ownership rights of any Member Profile Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your own Member Profile Content.
5.6 HubeX may offer some default registered Service Providers the option of having their services connected directly onto the platform for members to select as preference or only option to select from. You are responsible for ensuring that your Listing Service is accurately represented and up to date at all times.
5.7 You are solely responsible for your Member Content that you make available on or through the HubeX Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the HubeX Platform or you have all rights, licenses, consents, share with others and releases that are necessary to grant to HubeX the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting or sharing with other members for service or to provide service, uploading, submission or transmittal of the Member Content or HubeX's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not share, provide, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates HubeX’s Content Policy or any other HubeX policy. HubeX may, without prior notice, remove or disable access to any Member Content that HubeX finds to be in violation of applicable law, these Terms or HubeX’s then-current Policies or Standards, or otherwise may be harmful or objectionable to HubeX, its Members, third parties, or property.
5.9 HubeX obeys copyright law and expects its Members to do the same. If you believe that any content on the HubeX Platform infringes copyrights you own, please notify us.
6. Service Fees
6.1 HubeX may charge fees to Service Providers ("Service Provider Fees") and/or Members ("Member Service Fees") (collectively, "Service Fees") in consideration for the use of the HubeX Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Service Provider or Member prior to a Service Request. HubeX reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any requests made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to HubeX. The applicable Service Fees (including any applicable taxes) are collected by HubeX Payments. HubeX Payments will deduct any Service Fees from the Service Payment Fee before remitting the payout to the Service Provider. Any Member Fees are included in the Total Fees collected by HubeX Payments. Except as otherwise provided on the HubeX Platform, Service Fees are non-refundable.
7. Terms specific for Service Providers
7.1 Terms applicable to all Service Providers
7.1.1 When registering with HubeX Platform you must (i) provide complete and accurate information about your Service (s) (such as service description, location, and calendar availability if required to complete e a service request), (ii) disclose any limitations, restrictions and requirements that apply. You are responsible for keeping your licence current at all times.
7.1.2 You are solely responsible for the service you provide via the platform to the HubeX member whether that be the advisory, consultancy or compliance lodgement service . Once a HubeX member requests a service accepted by you to provide, you may or may not request that Member to pay a higher price than in the initial Service Request.
7.1.3 Any terms and conditions included in your Service Offering, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Service Offering.
7.1.4 HubeX may enable certain Service Providers to participate in its “Default Services Program.” The Default Services Program enables Partner Service Providers to provide Service offerings to certain Members as default service providers if they do not have their own options at the agreed standard rate and often is an exclusive deal for Partner Services. You acknowledge that if you choose to participate in the Default Services Program on the HubeX Partner Platform, you have the ability to perform the Service Listing as per stated guidelines.
7.1.5 The placement of Default Service and any other service offers in application and or search results on the HubeX Platform may vary and depend on a variety of factors, such as Member search parameters and preferences, calendar availability, customer service and cancellation history, Reviews and Ratings, and/or ease of service request booking.
7.1.6 When you accept a HubeX member’s Service Request, you are entering into a legally binding agreement with the HubeX member and are required to provide your Service(s) to the Member as described in your Service Listing offer when the Service Request is made. You also agree to pay the applicable Service Provider’s Fee and any applicable taxes.
7.1.7 HubeX recommends that Service Providers obtain appropriate business insurance for their professional services ie Professional Indemnity Insurance and or service liability. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of customers when using your services.
7.4 Additional Users
7.4.1 HubeX may enable Service Providers to authorise additional authorised users (“Additional Users”) to administer the Service Provider’s Service Listing(s) and to bind the Service Provider and take certain actions in relation to the Service Listing(s) , such as accepting the Service Requests, messaging Members and providing the requested service. Any agreement formed between Service Providers and its Additional Authorised users will not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Service(s). Additional Users may only act on behalf of a company or other organization, unless expressly authorised by HubeX. HubeX reserves the right, in our sole discretion, to limit the number of Additional Users a Service Provider may have for their service Listing and to limit the number of Service Listings its Additional Users may manage or have access to.
7.4.2 Service Providers should exercise due diligence and care when accepting and providing the service requests. Service Providers remain solely responsible and liable for any and all Service offerings and any Member Content produced, published or shared as part of their service offering on the HubeX Platform, including any service offering created by an authorised additional user on their behalf. Further, Service Providers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the authorised additional users on their account. Additional Authorised Users remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as an Additional Authorised User on your business account, including, but not limited to, conduct that causes harm or damage to you and or your business. In addition, both Service Provider and its Authorised users are jointly responsible and severely liable for third party claims, including Customer complaint claims, arising from the acts and omissions of the other person as related to service offering activities, communications with members, and the provision of any Authorised user’s Services.
7.4.3 Unless agreed otherwise by a Service Provider and its Authorised Users, Service Providers and its Authorised Users may terminate the agreement with HubeX Platform at any time. In addition, both Service Providers and its Authorised Users acknowledge that their HubeX platform relationship will terminate in the event that HubeX (i) terminates the Additional Authorised User service or (ii) terminates either party’s participation in the offered service. When the Additional Authorised User agreement is terminated, the Service Provider will remain responsible for all of the Additional Authorised Users’s actions prior to the termination, including the responsibility to fulfill any pending or future service requests initiated prior to the termination. When an Additional Authorised User is terminated, they will no longer have access to any Service listing or Member information related to the applicable Service Provider’s Service Listing(s).
7.4.4 An Additional Authorised User will not be reviewed by Members on their own accord. This means the activities of an Additional Authorised Users will affect your Reviews or Ratings for your Service Listings. Service Providers acknowledge that Reviews and Ratings from Members for their Service Offering(s) may be impacted by their Authorised User’s conduct and performance.
8. Terms specific for Customer Members
8.1 Terms applicable to all service requests via HubeX
8.1.1 Subject to meeting any HubeX requirements (such as completing any ID verification processes) and/or additional Service Provider requirements, you can request a Service Listing available on the HubeX Platform by following the Service Request process. All applicable fees, including the Service Listing Fee, Service Request Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to requesting and completing a Service Request. You agree to pay the Total Fees for any Service requested in connection with your HubeX Account.
8.1.2 Upon receipt of a Service Request Confirmation from HubeX, a legally binding agreement is formed between you and your Service Provider, subject to any additional terms and conditions of the Service Provider that apply, including any the applicable Cancellation terms and any rules and restrictions specified in the Service Listing. HubeX Payments will collect the Total Fees at the time of the Service Request or upon the Service Provider’s confirmation pursuant to the Payments Terms.
8.1.3 If you request and book a Listing Service on behalf of other members connected to you, you are required to ensure that every additional authorised member meets any requirements set by the Service Provider, and is made aware of and agrees to these Terms and conditions and any terms and condition and rules and restrictions set by the Service Provider. If you are booking a service for an additional family member who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only submit a Service Request if supervised and authorised by an adult who is either a parent or legal guardian.
8.1.4 HubeX may enable a Member who is booking a Service Request on behalf of one or more additional connected members (the “Primary Account”) to split the payment of the Total Fees for an eligible service booking on a pro-rata basis between the Primary Account and at least one other additional connected member (each a “Connected member”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Connected Member must have or register a HubeX Account prior to making a payment. All payments via the Group Payment Service are handled by HubeX Payments and are subject to the Payment Terms of Service.
8.2 Service Requests and Bookings
8.2.1 You understand that a confirmed service request and booking (“Service Booking”) is subjected to acceptance by a Service Provider after payment confirmation to secure the service requested in accordance with your agreement with the Service Provider.
8.2.2 You agree to disclose and share all required and relevant information to the Service Provider. Disclosed information must be true and correct.. If additional work is required because true and correct information is not provided to the Service Provider initially you authorise HubeX (via HubeX Payments) to charge you the Additional Fees or if required by a Service Provider of any additional Fees for additional services.
8.3 Other Service Offerings
8.3.1 You should carefully review the description of any Service Listing you intend to request or book to ensure you (and any connected members you are representing) meet any minimum age, proficiency, or other requirements which the Service Provider has specified in their Service Listing. At your sole discretion you may want to inform the Service Provider of any character, medical or physical conditions, or other circumstances that may impact your and any connected member’s to participate in any service offering or Experience. In addition, certain laws, like the minimum legal age to invest or acquire services may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any offered Services.
8.3.1 When a Service Provider is providing your service you must adhere to their instructions or guidelines at all times.
8.4 HubeX Credits
HubeX Credits may be redeemed for eligible Service Bookings on the HubeX Platform as specified in the terms and conditions. You may only redeem HubeX Credits after the HubeX Credits are reflected in your HubeX Account.
9. Service Request and Booking Modifications, Cancellations and Refunds, Resolution Center
9.1 Service Providers and Members are responsible for any modifications to a Service Request or Service Booking that they make via the HubeX Platform or directs HubeX Customer Service to make ("Service Booking Modifications"), and agree to pay any additional Service Listing Fees, Booking Fees or Member Fees and/or taxes associated with such Service Booking/Request Modifications.
9.2 Members can cancel a confirmed Service Request / Booking at any time pursuant to the Service Listing’s cancellation process set by the type of service and/or Service Provider, and HubeX Payments will refund the amount of the Total Fees due to the Member in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Service Provider under the applicable cancellation policy will be remitted to the Service Provider by HubeX Payments pursuant to the Payments Terms.
9.3 If a Service Provider cancels after a confirmed and accepted service request booking, the Member will have the option to select another service provider or a default service provider with full service credit fee applies in which case HubeX Payments will credit the amount against the Member’s subsequent booking at the Member’s discretion. Further, HubeX may publish an automated review on the Service Provider’s profile indicating that a service was cancelled and as part of their rating. In addition, HubeX may (i) keep the Listing unavailable or blocked for the cancelled service, and/or (ii) impose a cancellation fee on the cancelling service provider, unless the Service Provider has a valid reason for cancelling the service booking confirmation pursuant to HubeX’s Extenuating Circumstances Policy or has legitimate concerns about the Member’s behavior, disclosed information and or substantiation documents.
9.4 In certain circumstances, HubeX may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed request or service booking and initiate corresponding refunds and payouts. This may be for reasons set forth in HubeX's Extenuating Circumstances Policy or (i) where HubeX believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to HubeX, other Members, third parties, or (ii) for any of the reasons set out in these Terms.
9.5 If a Member or HubeX cancels a confirmed Service Booking, and the Member receives a refund in accordance with the Member Refund Policy , Services Member Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Service Provider and mentioned in the Service Listing, after the Service Provider has already been paid, HubeX Payments will be entitled to recover the amount of any such refund from the Service Provider, including by subtracting such refund amount out from any future Payouts due to the Service Provider.
9.8 Except as otherwise set out in these Terms of Service, Members may use the Resolution Centre to request money for refunds, or send payment to their Service Provider for additional services. You agree to pay all amounts sent through the Resolution Centre in connection with your HubeX Account. HubeX Payments will handle all such payments.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a service request or booking, Members and Service Providers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of HubeX. Ratings and Reviews are not verified by HubeX for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Members and Service Providers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with HubeX’s Content Policy and Extortion Policy
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s and Service Provider’s public profile and may also be published elsewhere on the HubeX Platform (such as the Service Listing page) together with other relevant information such as number of service bookings, number of cancellations, average response time and other information.
11. Disputes between Members
11.1 A Member is required to disclose to their Service Provider true and correct information. A Member is responsible for their own acts and omissions and are also responsible for the acts and omissions of any connected members.
11.2 If a Service Provider claims and provides evidence that you as a Member have not fully disclosed relevant information or provided incorrect information with the intention to defraud the Commonwealth ("Fraudulent Claim"), the Service Provider can seek payment from you through the Resolution Center. If a service provider escalates a Fraudulent Claim to HubeX, you will be given an opportunity to respond. If you agree to pay the Service Provider for their time, or HubeX determines in its sole discretion that you are responsible for the Fraudulent/Cancellation Claim against the Service Provider, HubeX via HubeX Payments will, after the termination of the service, collect any such sums from you and/or against the service fee (if applicable) required to cover the potential Claim pursuant to the Payments Terms. HubeX also reserves the right to otherwise collect payment from you and pursue any remedies available to HubeX in this regard., HubeX Service Guarantee.
11.3 Members agree to cooperate with and assist HubeX in good faith, and to provide HubeX with such relevant and correct information and take such actions as may be reasonably requested by HubeX, in connection with any Fraudulent Claims or other complaints or claims made by Members relating to (i) Offered Services or any personal (including and without limitation, payment requests made under the HubeX Service Provider Guarantee), (ii) Service Experiences, (iii) Additional Authorised User agreements, or (iv) a Group Payment Booking. A Member shall, upon HubeX's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by HubeX or a third party selected by HubeX or its insurer, with respect to losses for which a Member is requesting payment from HubeX (including but not limited to payments under the HubeX Service Provider Guarantee.
11.4 If you are a Service Provider, you understand and agree that HubeX may make a claim against/under your professional indemnity insurance policy related to any damage or loss that you may have caused, or been responsible for. (including without limitation amounts paid by HubeX under the HubeX Service Guarantee). You agree to cooperate with and assist HubeX in good faith, and to provide HubeX with such information as may be reasonably requested by HubeX, to make a claim against your professional indemnity insurance including, but not limited to, executing documents and taking such further acts as HubeX may reasonably request to assist HubeX in accomplishing the foregoing.
12. Rounding off
HubeX generally supports payment amounts that are payable from or to Members or Service Providers to the smallest unit supported in AUD by means of dollars and cents.
13. Taxes
13.1 As a Service Provider you are solely responsible for determining your obligations to report, collect, remit or include in your Service Listing Fees any applicable GST,
13.2 As an Australian tax payer Member, you are solely responsible for disclosing true, appropriate and correct information to share with your choice of service Provider via HubeX for the purpose of tax return preparation, legal, estate planning, financial or tax planning and or related financial services.
13.3 Tax regulations may require us to collect appropriate Tax information from tax payer members and Service Providers, or to withhold Taxes from payouts to Service Providers, or both. If a Service Provider fails to provide us with the required information or documentation under applicable law (e.g., an ABN or relevant tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
13.4HubeX directly has inbuilt ABN and TFN validation checks to ensure details are entered correctly. Indirect ID verification maybe required from external service providers to verify your identity, proceed with any services, minimise errors and/ or fraudulent activities
13.5 You understand that any appropriate governmental agency, department and/or authority ("e.gAustralian Tax Office") may require GST to be collected from Members or Service providers on Service Fees, and to be remitted to the respective Government Authority. Taxes may be required to be collected and remitted as a percentage of the Service Fees set by Service Provider.
13.6 HubeX reserves the right, with prior notice to Service Providers, to cease the Collection and Remittance for any reason at which point Service Providers are once again solely responsible and liable for the collection and/or remittance of any and all relevant Taxes that may apply to Services rendered within the platform.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the HubeX Platform. In connection with your use of the HubeX Platform, you will not assist or enable others to:
14.2 You acknowledge that HubeX has no obligation to monitor the access to or use of the HubeX Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the HubeX Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist HubeX in good faith, and to provide HubeX with such information and take such actions as may be reasonably requested by HubeX with respect to any investigation undertaken by HubeX or a representative of HubeX regarding the use or abuse of the HubeX Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of using your personal information unlawfully, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to HubeX by contacting us with your nearest police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 12 months term, at the end of which it will automatically and continuously renew for subsequent 12 months terms until such time when you or HubeX terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your HubeX Account as a Service Provider or a Member, any confirmed service request booking(s) will be automatically cancelled and your engaged member will receive a full refund less cancellation fee. If you cancel your HubeX Account as a Member, any confirmed service request booking(s) will be automatically cancelled and any refund will depend upon the terms of the Service Listing’s cancellation policy.
15.3 Without limiting our rights specified below, HubeX may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
15.4 HubeX may immediately, without notice, terminate this Agreement and/or stop providing access to the HubeX Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) HubeX believes in good faith that such action is reasonably necessary to protect the personal safety or property of HubeX, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
15.5 In addition, HubeX may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the HubeX Account registration and within your account for the purpose of tax and regulated services, Service Listing process or thereafter, (iv) you and/or your Service Listings or provision of Services at any time fail to meet any applicable compliance, quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or HubeX otherwise becomes aware of or has received complaints about your service performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) HubeX believes in good faith that such action is reasonably necessary to protect the personal safety or property of HubeX, its Members, or third parties, or to prevent fraud or other illegal activity:
Additional measures may include :
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by HubeX and an opportunity to resolve the issue to HubeX's reasonable satisfaction.
15.6 If we take any of the measures described above (i) we may refund your customer Members in full for any and all confirmed service request bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed service request bookings that were cancelled.
15.7 When this Agreement has been terminated, you are not entitled to a restoration of your HubeX Account or any of your Member Content. If your access to or use of the HubeX Platform has been limited or your HubeX Account has been suspended or this Agreement has been terminated by us, you may not register a new HubeX Account or access and use the HubeX Platform through an HubeX Account of another Member.
15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.
16. Disclaimers
If you choose to use the HubeX Platform or Collective Content, you do so voluntarily and at your sole risk. The HubeX Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the HubeX Services, laws, rules, or regulations that may be applicable to your Service Listings and/or any other Services you are receiving and that you are not relying upon any statement of law or fact made by HubeX relating to a Service Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Service Experiences, other Financial, Compliance and tax related Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Listed Services may carry risk of Limited or No-Advice and you freely and willfully assume those risks by choosing to participate in those Listed Services. You assume full responsibility for the choices you make before, during and after your participation in a Listed Service or the Group Payment Service. If your account includes a minor as an additional connected member, you are solely responsible for the supervision of that minor throughout the term of the Agreement and any other engaged Services initiated by you or your other connected adult member. o the maximum extent permitted by law, you agree to release and hold harmless HubeX from all liabilities and claims that arise in anyway from any financial loss or harm that occurs to you or that minor during the term of the Agreement or your Engaged Services or in any way related to your Engaged Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
17. Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the HubeX Platform and Collective Content, your publishing or service request booking of any Service Listing via the HubeX Platform, your participation in any Services or Event or use of any other Provided Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither HubeX nor any other party involved in creating, producing, or delivering the HubeX Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or financial loss, or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the HubeX Platform or Collective Content, (iii) from any communications, interactions with other Members or other persons with whom you communicate, interact with as a result of your use of the HubeX Platform, or (iv) from your publishing of a Service Listing, including the provision or use of a Service Listing’s financial and compliance Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not HubeX has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Service Provider pursuant to these Terms or an approved payment request under the HubeX Service Provider Guarantee, in no event will HubeX’s aggregate liability arising out of or in connection with these Terms and your use of the HubeX Platform including, but not limited to, from your publishing or service request booking of any Service Listings via the HubeX Platform, or from the use of or inability to use the HubeX Platform or Collective Content and in connection with any Tax, Financial, and related Services , the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for service request bookings via the HubeX Platform as a Member in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Service Provider, the amounts paid by HubeX to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred AUD dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between HubeX and you. In some cases, it will be inapplicable to allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at HubeX’s option), indemnify, and hold HubeX and its affiliates and subsidiaries, including but not limited to, HubeX Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the HubeX Platform or any HubeX Services, (iii) your interaction with any Member, Service Providers, participation in an Event or other Listing Service, participation in the Group Payment Service, including without limitation any losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, engagement, participation or use, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is inAustralia or (ii) your country of residence or establishment is not in Australia , but bring any claim against HubeX in Australia (to the extent not in conflict with Section 21).
19.2 Overview of Dispute Resolution Process. HubeX is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with HubeX’s customer service team, and (2) a binding arbitration administered by
19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and HubeX each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact HubeX’s Customer Service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the binding arbitrator.
19.4 Agreement to Arbitrate. You and HubeX mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the HubeX Platform, the Host Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and HubeX agree that the arbitrator will decide that issue.
19.5 Exceptions to Arbitration Agreement. You and HubeX each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
19.6 Arbitration Rules and Governing Law.
19.7 Jury Trial Waiver. You and HubeX acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
19.8 No Class Actions or Representative Proceedings. You and HubeX acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and HubeX both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.8 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.8 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and HubeX agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
19.9 Severability. Except as provided in Section 19.8, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
19.10 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if HubeX changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of HubeX’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HubeX (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HubeX.
19.11 Survival. Except as provided in Section 19.8 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the HubeX Platform or terminate your HubeX Account.
20. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the HubeX Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the HubeX Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
21. Applicable Law and Jurisdiction
21.1 If your country of residence or establishment is Australia , these Terms will be interpreted in accordance with the laws of NSW and Australian Common law, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Sydney NSW, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Sydney, NSW.
22. General Provisions
22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between HubeX and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between HubeX and you in relation to the access to and use of the HubeX Platform.
22.2 No joint venture, partnership, employment, or agency relationship exists between you and HubeX as a result of this Agreement or your use of the HubeX Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 HubeX’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without HubeX's prior written consent. HubeX may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by HubeX via email, HubeX Platform notification, or messaging service (including SMS and Skype).
22.8 If you have any questions about these Terms please email us.