Terms & conditions — Hodie by Maxme

Maxme & Hodie – Website & App Terms of Use

Maxme Pty Ltd, ABN 53 634 179 427 (referred to as Maxme), its successors and assignees (we, our or us) provides online learning, coaching and support to help our customers (referred to as Users or you) develop skills, leverage knowledge and apply practical techniques to supplement their human skill competence (collectively, the Services). The Services are available on the Maxme website at: https://maxme.com.au/ (Site) and on the Hodie mobile application (App). The Users of the Services may be individuals, organisations or any entities that wish to enhance their human skills and competencies. These Terms of Use (Terms) govern the use by the User of our Services whether through subscribing to the Services on our Site and/or App. These Terms form a binding contract between the User and us. If the User access our Services whether on our Site and/or App, the User will be deemed to have read and accepted these Terms. Please read these Terms carefully. The User should immediately cease accessing the Site and App and using the Services if the User does not accept these Terms. The general use of the Site (without subscription or access to Services) is governed by the Site terms and conditions which are separate terms to these Terms and can be accessed www.maxme.com.au

In order to use our Services, there are a few rules the User needs to follow. The User must not misuse the Services or any information provided pursuant to the Services, so that either Maxme, the User or anyone else is harmed in any way. The User may only use the Services as permitted by law and these Terms. Subject to strict compliance with these Terms, Maxme grants the User a limited, revocable, non-exclusive, non-transferable, non-sublicensable personal license to use and access the Services, solely for personal, non-commercial use.

1. Information:

Whilst Maxme endeavoured to develop a comprehensive set of information forming part of the Services, the User is advised that the information, including statements, opinions and documents (for example template documents or agreements or other resources), contained in this Site and App and forming part of the Services (Information) is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not a personal advice. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, investigate how to best apply the Information noting your objectives, requirements and circumstances and, where relevant, seek professional advice, including legal and or business advice.

2. Online Registration:

In order to use the Services, a User must register on the Site or App and create an account (Account) and subscribe to the Services on the Site and the App.

Upon registering your account, you agree to receive communication from us relating to the management of your account and other important information relating to Services provided. You will also be opted in to receive general updates and promotional email communications, however you can unsubscribe from these general and promotional updates at any time by clicking the unsubscribe link in the relevant communication. You may also receive updates via App notifications which you can manage using the notification settings on your device.
Each User may only have one (1) Account on the Site and App including the User’s profile.
Basic information is required when registering on the Site or App for an Account. Each User is required to provide certain personal information including name, email address, and location and select a username and password.
Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Maxme reserves the right to suspend or terminate any User’s Account and his/her access to the Site, App and Services if any information provided to Maxme proves to be inaccurate, not current or incomplete.
To keep information secure and confidential, Maxme will engage appropriate technology and end-to-end encryption for all communications including device-to-server and server-to-server transmission. Sensitive User’s information, such as passwords, is stored using one-way industry standard encryption. Users may be requested by Maxme to change their passwords at regular intervals.
It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its Account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
The User will immediately notify Maxme of any unauthorised use of its Account.
The User Account is personal and it cannot be shared. The User must not enable another person to use the User’s log in details to access the Services. This is a fundamental breach of these Terms and will result in immediate suspension or cancellation of the Account.
Each User should report to Maxme, any activities or requests of Users which are, or which the User reasonably believes to be: o (i) suspicious; o (ii) inconsistent; o (iii) illegal; or o (iv) likely to have a negative effect on the reputation of Maxme, the Site, the App, Services and/or a User.

3. Subscription & Purchases

Maxme offers three levels of subscription. Each level offers access to different level of information and tools. Further details are provided on the Site with respect to each subscription. Users will need to subscribe to the App if Users wish to use the App. Acquiring a subscription on the Site, does not immediately grant the User access to the App. Subscription to the App is through the relevant application store depending on the mobile phone the User uses. Users can gain access to premium Services (including content and features) by subscribing, or by paying for individual premium items in the App. In app purchase of individual items is a one-off purchase. Upon payment, users will gain full access to the item purchased without expiry. For subscriptions, by paying the nominated fee you get access to Services during the time your purchase is valid, subject to these Terms. Subscription fees and prices for one-off purchases can be found in the Hodie app. App subscription fees and one-off purchases prices are quoted in local currency based on the country or region to which your Apple App Store or Google Play Store account is assigned. Maxme reserves the right to change the subscription fees from time to time. Existing subscribers will be notified of changes to fees prior to the change going into effect if they are to be impacted. Users will commonly be advised before renewing or purchasing another subscription. All subscriptions with Maxme are paid in advance. You may at any time terminate a renewal of your subscription, in which case your subscription will still be valid for the subscription time you have already paid for. Payment for subscription and one-off purchases is made via Apple App Store and Google Play Store. If you have subscribed to Maxme through the use of the Hodie App available via the Apple App Store or Google Play Store, you can only cancel your subscription through the use of their service. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. The account will be charged for renewal within 24-hours prior to the end of the current period. You may manage your subscription, and auto-renewal may be turned off, by going to your Subscriptions under your Apple ID for iOS Users, or Subscriptions section in your Google Play Store Account for Android Users. Any unused portion of a free trial, if offered, will be forfeited when you purchase a subscription, where applicable. Payments made through the various app stores will need to be refunded using the same method of payment i.e. all payments handled by Apple can only be refunded by Apple and all payments handled by Google, can only be refunded by Google. Default in payment shall not be deemed as an automatic termination of subscription to the App, however, Maxme reserves the right to suspend an Account and access to the Site and App if the failure to pay is not remedied.

4. Account or Subscription Termination

You may terminate your account at any time and for any reason. This can be requested by contacting us at support@maxme.com.au. If you cancel your account before the expiry of the subscription period, Maxme will not refund any subscription fees paid for the subscription. Maxme may terminate your account and your access to the Service (or, at Maxme sole option, applicable portions of the Service) at any time and for any reason. Maxme is not required to provide you with any notice or warning prior to any such termination. If Maxme terminates a User Account not as a result of the User’s default, Maxme will pro rata refund the User any annual subscription fees paid. If the User acquired a learning module, Maxme will provide the User with not less than 6 months’ notice of its intention to terminate the learning module and at the conclusion of the 6 months’ notice, the module will be discontinued.
Please note that uninstalling the mobile application or closing your Account will not automatically stop your subscription - you must actively cancel your subscription. Please note that if you have subscribed to the App through the use of App Store, Google Play Store, or any other such service provider, you can only cancel your subscription through the use of their services. To find out how to cancel the subscription and/or your account, please follow the instructions in the Hodie App or on the Maxme website.

5. Points and redemption

Users may earn rewards for using the App. This may include the issuing of points that can be redeemed for Maxme Services. Maxme reserves the right to make changes to the points system and redemption offers without prior notice. Where Services are offered in exchange for points earned, Maxme reserves the right to deny redemption of points for these Services where we believe there has been abuse or mis-use of the App to earn points and ‘game’ the system without a true attempt at using it as intended. Where false information has been entered by a user, this severely limits our ability to provide quality Services. Where we suspect abuse or dishonesty has occurred, we may request that you provide extra information to demonstrate that you have used the App as intended. If you cannot show a true and honest attempt, we may request that you re-attempt completed levels before redeeming your points or Maxme may deny the redemption of the points.

6. Promotions and Special Offers

Maxme may offer promotional and special offers from time to time. This may include, but is not limited to, free trials to new customers or upgrades or downgrades in plan level. If the Service is offered with a free trial, Users will only be able to continue using the Service, at the conclusion of the free trial, by paying in advance as a Subscriber. Refer to the Subscription section for further information. For any upgrade or downgrade in subscription plan level, this will result in the new rate being charged at the next billing cycle. There will be no prorating or refunds for downgrades in between billing cycles. Downgrading your Service may cause loss of features or capacity of your account. Maxme does not accept any liability for such loss. Promotional offers may not be available for current Users of our Services. Each promotion or special offer will have its own terms and conditions which will be available when presented. Maxme may offer or withdraw promotions and special offers without notice at our sole discretion. Refer to the Amendments section for further information.

7. Amendment

The Information and Terms may be amended without notice from time to time at our sole discretion. We will notify you of changes to the Terms. Your continued use of our Site and App following our notification of the changes to the Terms indicates that you accept the Terms as amended.

8. Your warranties

You warrant to us that; a. you have the legal capacity to enter these Terms; b. you have read and understood these Terms, before using the Site and App; and c. all the information you provided us when opening an Account is correct.

9. Licence to use the Site and App

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable personal right and licence to use the Site, App and Services for your personal use, in accordance with these Terms. All other uses are prohibited without our prior written consent.

10. Prohibited conduct

You must not use the Site, App or Services, including any Information and materials on the Site or App:

for any activities, or post or transmit any material on the Site or App unless you hold all necessary rights, licences and consents to do so;
in any way that infringes the intellectual property or other rights of Maxme or any person. Each User acknowledges and agrees that while the Site and App allow Users to communicate with each other, Users are not permitted to share the contact information of other Users;
in any manner that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
for the purpose of publishing or distributing any material on the Site or App, that in any way defames, harasses, threatens, menaces, offends or restricts any person;
to publish or distribute any material that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
in any manner that would bring us, the Site or the App, into disrepute;
to interfere with or inhibit any user from using the Site and App;
to send unsolicited email messages;
to attempt to or tamper with, hinder or modify the Site or App, knowingly transmit viruses or other disabling features, or damage or interfere with the Site and App, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
to facilitate or assist a third party to do any of the above acts.

11. Copyright and intellectual property rights

Intellectual Property includes all Information and materials the User accesses on the Site and App and is either owned by Maxme or licensed to Maxme. Intellectual Property is protected by Australian and international laws. Intellectual Property is defined below. We own or licence the copyright which subsists in all creative and literary works displayed on the Site and App. You agree that, as between you and us, we own all Intellectual Property rights in the Site and App, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. Your use of the Site, App and Services does not grant you a licence to, or act as a right to, use any of the Intellectual Property, whether registered or unregistered, displayed on the Site or App without the express written permission of Maxme. You must not breach any copyright or Intellectual Property rights connected with the Site, App or Services. This includes but is not limited to:

altering or modifying any of the code or the material on the Site or App;
causing any of the material on the Site or App to be framed or embedded in another website;
creating derivative works from the content of the Site and App; or
reverse engineer any Information content, materials or processes forming part of the Services. Reference to Intellectual Property means all inventions, patents, patent applications, trademarks, designs, copyright (including copyrights in any computer software or hardware or any works associated with such software or hardware), technical know-how, software, content, design, images, graphics, appearance, layout and look of our Site and App and any commercially sensitive information which is provided pursuant to these Terms or any other Information generated as a consequence of Maxme providing the Services. It includes trade, business or company names and all other proprietary rights and intellectual property rights as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967.

12. Privacy

We are committed to protecting your privacy. Please read our Privacy Policy which is available at http://hodieskills.com/privacy-policy. By agreeing to these Terms, you agree to accept our Privacy Policy.

13. Your content

If you choose to add any content on the Site or App, you:

warrant to us that you have all necessary rights to post the content;
grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing; and
you consent to any act or omission which would otherwise constitute an infringement of your Intellectual Property or moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.
Unconditionally and irrevocably agree to indemnify us against any loss, claim, cost or expense incurred by us as a result of your posting of content on the Site or App.

14. Third party information

The Site and App may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.

15. Third party links and websites

The Site and App may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you. If you inform us that a third party content or link (clause 14 and 15) posted on the Site or App is offensive, illegal, infringing of any person’s Intellectual Property rights or otherwise inappropriate, we will investigate the matter and will take such steps as are reasonable to deal with your concerns including removing the content or link. We will act promptly but cannot provide a time assurance for a resolution.

16. Reservation of rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

17. Delays and outages

We are not responsible for any delays or interruptions to the Site and App. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site and/or App will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site and/or App in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site and/or App. If Maxme discontinue the Site or App under this clause, in part or in whole, Maxme will pro rata refund the User any subscription fees paid.

18. Limitation of liability

To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site or App. To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable. If liability is imposed on Maxme, the maximum liability that can be imposed on us with respect to the Services is to resupply the Services.

19. Disclaimer

The Site and App is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site and App or your access to the Site and App will be error free, that any defects will be corrected, that the Site, App or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site and App will operate on a continuous basis or be available at any time. While we endeavour to keep the Site, App and Information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site and App for any purpose;
Third Party Information; or
Third Party Sites. You read, use, and act on information contained on the Site and within the App, Third Party Information and/or Third Party Sites, strictly at your own risk.

20. Indemnity

By using the Site and App, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to: • your use of or access to the Site and App; • any breach by you of these Terms; or • any wilful, unlawful or negligent act or omission by you. This defence and indemnification obligation will survive these Terms and your use of the Site and App. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

21. Breach

You may only use the Site and App for lawful purposes and in a manner consistent with the nature and purpose of the Site and App and these Terms. By using the Site and/or App, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site or App. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and/or App and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.

22. Exclusion of competitors

You are prohibited from using the Site and App, including the Information and Services, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site, the App, Services and Information, in our sole discretion.

23. Enforceability

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.

24. Further assurances

Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.

25. Termination

These Terms are effective until terminated by the User pursuant to clauses 2 or 3 or by Maxme in accordance with these Terms. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.

26. Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have. Maxme welcomes feedback from its Users. Maxme seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Services, please contact us in writing at hello@Maxme.com.au If there are any complaints from a User, Maxme will aim to respond and provide a suitable solution within 45 days. Any attempts made by a party to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of either party under these Terms, by law or in equity.

27. Cancellation of Registration

If a User wishes to cancel its registration, you will need to do so in writing (you will find our contact details at the bottom of this document). Refer to the Subscription Termination section for further details.

28. Refund Policy

Refer to the Subscription & Purchases section for further details for payments handled by the Apple App Store or Google Play Store.

29. Jurisdiction

Your use of the Site, App and Services and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site and App may be accessed throughout Australia and overseas. We make no representation that the Site and/or App complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site or App from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site or App.

For questions and notices, please contact us at:

Maxme Pty Ltd, ABN 53 634 179 427 Email : hello@maxme.com.au