Terms & Conditions

Terms & Conditions

 

[last updated October 2020]

The business that provides this website and other online services

https://hovaapp.com/ is made available by Brand Enterprises (Aust) Pty Ltd ABN 83 602 442 482 trading as HOVA of PO Box 1535, Beenleigh, Queensland, Australia.

When you read words “us”, “our” or “we”, it means HOVA, and the words “you”, “user” or “your” means you, the visitor to our website and any and all software applications including our HOVA App (Apps) or social media pages we provide (online services).

By using our online services you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:

  • Terms of Use
  • Payment Terms
  • App End User Licence Agreement
  • Privacy Policy

We encourage you to carefully read and understand these terms and conditions before using the website or any of our services.  If you don’t agree, your remedy is to stop using HOVA.

 

We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated. Prior notice of changes will be provided to anyone with an active HOVA account. 

 

Feedback, comments or complaints

If you have any questions, please contact support@hovaapp.com us and we will usually respond to all enquiries within two business days.

 

What is HOVA?

HOVA is a digital application that connects business in the hospitality industry with workers in the hospitality industry.

 

All care, no responsibility

We provide HOVA to help you connect, but we don’t carry out any independent checks on users. All users (businesses or individuals) of HOVA are responsible for the information they share or receive through our online services.

We don’t have any direct relationship with users, other than their use of our online services.

We make no recommendations or comments on the quality or reliability of any user of HOVA. All work arrangements made between a business and a contractor are their own responsibility.  

When contractors upload certificates or other proof of qualifications, it is the employer’s responsibility to check its validity and accuracy. Any reliance on the contractor’s qualifications is at the employer’s own risk.

 

Identity verification

Users need to verify for themselves the identity of their employer or contractor. HOVA is not designed or built to do that for you.

The ABN checker we offer in our App is only part of the verification process. It shows whether an Australian Business Number (ABN) is registered, but does not verify whether that ABN belongs to the person or business you are dealing with. Users are encouraged to use additional identity check measures.

Employee v. Contractor

Any individual using HOVA to secure work shifts should seek independent advice about their work circumstances. Individuals should confirm with the business offering a shift what the employment or contract arrangements are for that role before starting work. Individuals should consider how they will be paid and whether or not that pay includes GST, tax, superannuation or insurance cover. Businesses should consider including reference to those issues before offering work.   

HOVA has no involvement in the work relationship.

Wages and other entitlements

Wage theft is a serious offence and may expose you to a criminal penalty of up to ten years’ imprisonment.

Any employer using HOVA is responsible for meeting the minimum standards of employment, which include paying appropriate wages, providing other employee entitlements, contributing to superannuation, withholding tax and complying with any other legal obligations.

HOVA has no control over and is not responsible for any failure by an employer to meet their minimum obligations to employees.

 

Rating system

HOVA is not responsible for and exercises no control over any ratings or feedback provided between users. We have no obligation to screen, edit or monitor any content posted by any user. We reserve the right at our sole discretion to screen, edit or remove content for any reason, and may, but are not obliged to exercise that discretion if a complaint is received.

 

No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.

 

You expressly agree not to:

  • engage in threatening, harassing or defamatory behaviour 
  • hack into areas of our online services that are not intentionally made available to you
  • use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” in order to help your own business, without our prior approval
  • engage in any internal or external spamming, or other similar actions
  • engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
  • decompile, reverse engineer, or try to copy or imitate our online services or underlying content

 

Your account

You must be 18 years of age to set up an account. You agree to provide true and correct details when setting up your account. You will not create more than one account with HOVA.

 

You agree that you will not share your HOVA username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.

 

You are solely responsible for creating backup copies of and replacing any content you post or store on our online services at your sole cost and expense.

 

You agree that we can contact you as and when needed to provide the services offered by HOVA via the email address that you use to set up your HOVA account. You acknowledge that it is your responsibility to keep your contact details up to date.

 

Links disclaimer

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

 

Copyright, Trademarks and other Intellectual Property

HOVA owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our online services content in whole or in part except as expressly authorised by us. Please contact support@hovaapp.com us if you require permission to reproduce any of the contents of our online services.

 

Images and item descriptions posted on our online services by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

 

The names of actual companies and products mentioned on our online services may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted on our online services are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

Permission: You may access, download, or print material from our online services for your personal use only. Sharing without prior permission and commercial use of any sort is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services.

 

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our online services content or our intellectual property.

 

Copyright infringement

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us support@hovaapp.com with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from our online services .

 

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

 

Security

We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of our online services and conduct of our business. However, we do not guarantee the security of our online services, records, or your data.

 

We use Australian based service providers for the hosting and back up of our online services.

 

We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

 

Continuous accessibility to our online services is dependent upon third party services. As a result, our online services may be inaccessible from time to time.

 

Disclaimer

You specifically acknowledge and agree that your use of our online services is at your own risk. We make no representation about your ability to secure work or earn an income as a result of using our online services.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” without warranty or condition of any kind.

Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.

Information available via our online services are provided for your reference only. You acknowledge and agree that no information or advice provided by us constitutes legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to our online services. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

 

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Consumer Law.

 

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

 

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

 

Indemnity

You agree to indemnify and defend HOVA from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

  • your unauthorised use of our online services, or products or services included or advertised on our online services
  • your breach of these terms and conditions.

 

Applicable law

This agreement is governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.

 

You may provide notice to us by email addressed to ‘The Manager, HOVA’ and sent to email support@hovaapp.com . We may provide notice to you via email or other electronic means.

 

Our services are currently designed for the Australian market. Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorized, it is your responsibility to stop using our online services. 

 

Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HOVA as a result of this agreement or use of our online services.

 

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

 

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

 

Payments and refunds

[Last updated October 2020]

 

Anyone can set up a profile on HOVA for free, and check availability of work or contractors.

Fees will only apply if a worker confirms a shift with a business. The worker will be alerted of the charge as part of confirming the shift. Payment will be deducted at the time of confirming the shift.    

HOVA uses the secure Stripe payment system. This means we do not need to collect or store your payment details. For more information about Stripe go to https://stripe.com/au

Unfortunately, HOVA is unable to issue refunds if you change your mind after the service (accepted booking) has been provided.