Terms and Conditions
By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and www.heypa.online in relation to your use of the Website and/ or the Services and applies to all users of the Services, whether registered or not, on the Website
If you do NOT agree to all these Terms of Service, you should NOT use this Website/Software. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website/Software, then you should NOT use the part of the Website/Software which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Further, when you use any current or future heyPA services or visit heyPA's or its affiliates' websites or obtain any products or services, free of charge or for payment, of heyPA or any business affiliated with heyPA, whether or not included in the Website/Software, you will be subject to the guidelines and conditions applicable to such services or business.
These Terms of Service may be amended by heyPA at any time upon notice given by any of the following means: through the Website at or after you login to your User Account (as defined below), by email communication to the address provided by you when you set up your User Account. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms of Service as amended from time to time. Please check these Terms of Service published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to non-user generated specific content, products, materials, services or information contained on or available through this Website (the "Content") or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service such specific terms will supersede these Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Service.
heyPA reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. heyPA reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
Policies means advertising criteria or specifications made conspicuously available , including content limitations, technical specifications, privacy policies, user experience policies, community standards regarding obscenity or indecency (takin g into consideration the portion(s) of the Site on which the Ads are to appear), other editorial or advertising policies.
Site or Sites means www.heypa.online.
Third Party Someone who may be indirectly involved but is not a principal party to an arrangement
Software means the software which can be installed on computer and on the mobile device.
Member means a heyPA or person who completes heyPA’s account registration process.
Representative means, an entity and its affiliate(s), any director, officer, employee, consultant, contractor, agent, and attorney associated with the heyPA.
Collective Content means Member Content and heyPA Content.
Content means report text, graphics, images, music, software, audio, video, information or other materials uploaded to our servers though the software.
heyPA Content means all Content that heyPA makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
Ambit of Service
heyPA enables you to collaborate on projects using a server and cloud-based platform. The software can be used to organize many day to day tasks such as sending quotes or estimates to your customers/clients, check the status of leads and quotes arranged, future job bookings arranged through the Software etc. Managers/Administrators can create tasks for their Staff members, upload relevant documents, and coordinate with them to complete projects effectively and efficiently. Individuals and organizations alike can use the heyPA platform to share confidential files from any location in a secure environment. Essentially, we provide an array of services for Business management ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Subscription/Fee Based Services
The Services are available under subscription plans of various durations. Payments for subscription plans can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. Payment for a subscription, shall be non-refundable, that is there will be no refunds, full or partial.
For instance, if you cancel your subscription to your subscription before it ends, you will still be responsible for paying any applicable fees for the remainder of the selected subscription period. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax.
You acknowledge that the amount billed for the subscription may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to bill you for such varying amounts.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
By registering for a subscription, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your subscription Account. In consideration of the availability, and your use, of a subscription, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant subscription Description, (b) that you are solely responsible for all acts or omissions that occur through your subscription Account, and (c) that heyPA reserves the right to suspend or terminate your subscription Account and your use of a subscription at any time, including without limitation, where heyPA has determined, in its sole discretion, that your use of the subscription is, or was, in breach of these Terms and Conditions. Any such termination by heyPA shall be in addition to and without prejudice to such rights and remedies as may be available to heyPA, including injunction and other equitable remedies. Your ability to use the subscription is also subject to any limits established by heyPA or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, heyPA reserves the right to either suspend or terminate your subscription Account and your access to the subscription.
Obligations Of Users
To access and use features of the Services, you shall be required to register for an account. By creating an account, you agree to: (i) provide accurate, current and complete account information; (ii) maintain the security of your password, not share your password with any other person and accept all risks of unauthorized access to your account; and (iii) promptly provide notice to www.heypa.online/contact-us if you discover or otherwise suspect any security breaches related to the Services. heyPA is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by heyPA, another user or any third party due to misappropriation and use of your User Account.
heyPA does not control, and is not responsible for e-mails sent from outside heyPA’s domain or other means of electronic communication; and that by using the Website and the Service, you may be exposed to Content that is inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible and bear all risks associated with the use of any Content, and that under no circumstances will heyPA be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing.
Members will not use the Services if any applicable law in their country prohibits them from doing so and or have not previously been their right to use the Services suspended or terminated. Further, the Software, Website and Content available through and Website, Appstore or google playstore may contain links to third party Website ("Third Party Websites"), which are completely unrelated to heyPA. If you link to Third Party Websites, you may be subject to those Third Party Websites terms and conditions and other policies. heyPA makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other Website is completely at your own risk and heyPA disclaims all liability thereto.
You acknowledge and agree not to upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, libelous, ethnically, or otherwise objectionable on our servers. You acknowledge and agree that you are solely responsible for your own Content uploaded, transmitted through, or linked from the Service and the consequences of uploading, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content uploaded, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website.
By submitting Content, you represent that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the heyPA all rights, title and interest as set forth herein in and to such Content. Accordingly, you further agree to defend, hold harmless and indemnify heyPA from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the heyPA in connection with such Content.
You agree to release heyPA, its partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of our Services. If at any time you are not happy with the Websites or the Services or object to any Content, your sole remedy is to cease using them.
Personal Information and Privacy
Inactive User Accounts Policy
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant heyPA the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for heyPA’s commercial, marketing or any similar purpose. But you grant heyPA permission to access, copy, distribute, store, transmit, and reformat the content of your user account solely as required for the purpose of providing the Services to you.
When you send an e-mail or chat electronically with heyPA, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that heyPA provides to you electronically satisfy legal requirements that such communications be in writing.
The term of these Terms of Service ("Term") shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by heyPA or you by written notice. heyPA reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of heyPA's trademarks, trade names, copyrights and other intellectual property.
Use Of The Services
Except as otherwise agreed upon, we hereby grant you a limited, nonexclusive, non-sub-licensable license to access, and use the Platform and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Content, except as expressly permitted by heyPA or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
heyPA will not be liable on account of any inaccuracy of information on this web Website. It is the responsibility of the visitor to further research the information on the Website. The user undertakes not to duplicate, download publish, modify and distribute material on heyPA unless specifically authorized by heyPA in this regard.
Organization Accounts and Administrators
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
Subscription to Beta Service
We may offer certain Services as beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that heyPA will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Third Party Links, Content And Services
This Website may provide links to other websites and/or third party products and Services that are not under the control of heyPA (together, "Third Party Materials"). heyPA shall not be responsible in any way for the content of such Third Party Materials. heyPA provides such links only for the convenience of the users of this Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by heyPA of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.
Ownership and Intellectual Property
This Website and all content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws of Australia.
You acknowledge and agree that heyPA owns, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights. You may not:
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at www.heypa.online/contact-us
Limitation of Liability
YOU AGREE AND ACKNOWLEDGE THAT DURING THE DOWNTIME OR MALFUNCTION OF THE SOFTWARE, HEYPA SHALL NOT BE LIABLE FOR ANY LOSS OF INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE/SOFTWARE THAT ARE DELAYED OR INTERRUPTED.
IN NO EVENT SHALL HEYPA OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION.
IN NO EVENT SHALL HEYPA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEYPA. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT HEYPA. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY HEYPA. FROM ITS FACILITIES IN AUSTRALIA. HEYPA. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/SOFTWARE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE HEYPA NOR ANY PERSON ASSOCIATED WITH THE HEYPA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE WITHOUT LIMITING THE FOREGOING, NEITHER THE HEYPA NOR ANYONE ASSOCIATED WITH THE HEYPA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE MAKE EVERY EFFORT TO VERIFY STATEMENTS AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS INDIVIDUALS AND BUSINESSES, IT DOES NOT REPRESENT THE VIEWS OF HEYPA. AND HEYPA CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE CLAIMS THAT MAY APPEAR.
THE HEYPA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
heyPA offers certain software for your computer and your mobile device, to be used in conjunction with the Services, for downloading from or through this Website ("Software"). Such Software shall be licensed subject to the terms of the applicable end use license agreement. Both the Software and any documentation made available through this Website are the copyrighted works of heyPA. You must agree to the terms of the applicable end user license agreement prior to use of such Software.
Warranties, if any, with respect to such software shall only apply as expressly set forth in the applicable end user license agreement. heyPA hereby expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose or non-infringement with respect to the software.
Without limiting the foregoing, heyPA makes no warranty that: either the Services or Software will meet your requirements; either the Services or Software will be uninterrupted, timely, secure, or error-free; results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; the quality of any Services or Software purchased or accessible by you through the Website will meet your expectations; any errors in the Services or Software, or any defects in the Website, Services or Software will be corrected.
Service and Software Updates
You recognize and agree to the condition that the Services will be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.
If you install the Software from Website, Appstore, or google playstore it may automatically download and install subsequent updates for such Software from heyPA. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit heyPA to deliver these to you) as part of your use of the Software.
Entire Agreement/ Severability
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of heyPA, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either heyPA or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Sample files and Information Regarding Software Features
heyPA may provide sample files and or provide you brief information about our software features when you launch the software for the first time for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and infomation consists of random data. heyPA makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
If this Website/Software/Service is not available for any period or any time, heyPA shall not be liable. heyPA gives no warranties as to the accessibility, performance, or availability of the Website/Software or Services. Temporary suspension of access to this Website/Software or Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. heyPA reserves the right to suspend the operation of the Services, this Website, or any part thereof. You agree that neither heyPA nor its third party providers will be liable to you in any way for the any LOSS OF BUSINESS, termination, suspension, interruption, delay of any of the services and products on this Website/Software.
heyPA shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law And Arbitration
a. Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of Australia, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of Brisbane. Therefore, you agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Brisbane. This Agreement shall be governed by the internal substantive laws of the province of Brisbane, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a competent court located in Brisbane, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as further set forth in the Arbitration provision below.
b. Arbitration. For any dispute with us, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any claims we have for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Commercial Arbitration Acts (ACICA) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect, except as provided herein. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with Commercial Arbitration Acts (ACICA) rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESSWE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at www.heypa.online/contact-us