1. Agreement
These Terms and Conditions (Terms) form an agreement between Online Prospects Pty Ltd, trading as Heypa (Heypa, we, us or our), and the person or organisation accessing the Heypa website, application or related services (you or your).
By creating an account, starting a trial, purchasing a subscription or using Heypa, you agree to these Terms and our Privacy Policy. If you use Heypa for an organisation, you confirm that you have authority to bind that organisation.
2. Eligibility and accounts
You must be legally capable of entering into this agreement and provide accurate, current information. You are responsible for activity under your account, keeping login credentials secure and ensuring that each authorised user follows these Terms. Tell us promptly if you suspect unauthorised access or a security incident involving your account.
3. Trials, subscriptions and payment
Any trial period, subscription fee, billing cycle, usage limit and included feature will be shown when you sign up or in an order agreed with us. Unless stated otherwise, fees are in Australian dollars and include or exclude GST as indicated at purchase.
Paid subscriptions renew for the displayed billing period unless cancelled before renewal. You authorise us or our payment provider to charge amounts when due. Except where required by law or expressly stated otherwise, fees already paid are non-refundable. We may change fees or package inclusions by giving reasonable notice before the change applies to a future billing period.
4. Acceptable use
You must use Heypa lawfully and only for legitimate business purposes. You must not:
- use Heypa to break the law, infringe another person’s rights or send unlawful, deceptive or unsolicited communications;
- upload malicious code or material that compromises security, privacy or service operation;
- attempt to gain unauthorised access, probe vulnerabilities, avoid usage limits or interfere with another user;
- reverse engineer, copy, scrape, resell or exploit Heypa except where law permits or we agree in writing; or
- use automated means that place an unreasonable load on the service.
You are responsible for ensuring that your customer communications, including email and SMS follow-ups, comply with applicable consent, privacy, spam and consumer laws.
5. Your content and data
You retain ownership of content and data you or your authorised users submit to Heypa. You grant us a non-exclusive licence to host, copy, process, transmit and display that material only as needed to provide, secure, support and improve the service and meet our legal obligations.
You are responsible for the accuracy, legality and permissions associated with your content, including personal information about customers, staff and suppliers. Our handling of personal information is described in our Privacy Policy.
6. Heypa intellectual property
We and our licensors own Heypa, including its software, branding, interfaces, documentation and related intellectual property. These Terms give you a limited, non-exclusive, non-transferable right to use the service during your trial or subscription; they do not transfer ownership to you. Feedback you choose to provide may be used by us without restriction or payment.
7. Availability, changes and third-party services
We aim to provide a reliable service but do not promise uninterrupted or error-free availability. We may maintain, update, suspend or change parts of Heypa, including to improve security or meet legal requirements. Where practicable, we will give notice of material changes or planned interruptions.
Heypa may link to or integrate with third-party products. Those products are controlled by their providers and may be subject to separate terms, fees and privacy practices. We are not responsible for third-party services outside our reasonable control.
8. Confidentiality
Each party must protect confidential information received from the other and use it only for this agreement, except where disclosure is authorised, required by law or made to professional advisers and service providers who are under appropriate confidentiality duties.
9. Consumer guarantees and liability
Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law. To the extent permitted by law, Heypa is provided on an “as available” basis and we exclude warranties not expressly stated in these Terms.
To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity or loss of data. Our aggregate liability arising from the service is limited to the fees you paid us for Heypa in the 12 months before the event giving rise to the claim. Where a consumer guarantee applies and liability can lawfully be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them supplied again.
10. Suspension, cancellation and termination
You may cancel in accordance with the process shown in your account or by contacting us. Cancellation takes effect at the end of the current paid billing period unless we agree otherwise.
We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create a security or legal risk, or misuse the service. Where reasonable, we will give notice and an opportunity to remedy the issue. On termination, your right to use Heypa ends. Provisions intended to survive, including ownership, confidentiality, liability and payment obligations, continue.
11. Changes to these Terms
We may update these Terms to reflect changes to Heypa, our business or the law. We will publish the current version here and give reasonable notice of material changes. Continuing to use Heypa after the change takes effect means you accept the updated Terms.
12. General
These Terms are governed by the laws of Queensland, Australia, and the parties submit to the courts of Queensland. Neither party is responsible for delay caused by events beyond its reasonable control. If any provision is unenforceable, the remaining provisions continue. A failure to enforce a right is not a waiver. You may not assign this agreement without our consent; we may assign it as part of a restructure, financing or sale of our business.
13. Contact
Questions about these Terms can be submitted through our Contact Us page or sent by post to Online Prospects Pty Ltd, 16 McDougall Street, Milton QLD 4064, Australia.