Terms of Service

Introduction

These are the Terms of Use and Service (the “Terms”) for the website located at www.hoopscrm.com (hereinafter, the “Site”), including its mobile optimized version and any mobile apps provided to you by Hoops CRM (hereinafter referred to as “Hoops”).  If you continue to browse and use this website, you are hereby acknowledging that you have read, understood and agreed to be bound by and under these Terms, which together with our Privacy Policy (the “Policy”), shall govern Hoops’ relationship with you in relation to the Site and any products and services offered thereby (collectively, the “Service(s)”).  These Terms constitute the entire agreement between you and us.  If you do not agree to these Terms, please exit the Site or stop use of our services.

Additionally, the terms or ‘us’, ‘ours’ or ‘we’ as used herein refer to Hoops and/or its parent, subsidiaries, assignees, successors, affiliates, and/or brands; and the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site.  Henceforth, the use of this Site is subject to the following Terms:

Service Scope

Hoops is a cloud-based, SaaS provided, customer relationship management (‘CRM’) software and platform designed for the apparel, decoration, stickers, embroidery, signage, screen printing and other promotional industries.  Our software enables multi-channel retailers like you to manage their business by combining quotes, orders, inventory, customer data, accounting and reporting in a single, reliable CRM system provided via the Site.  Our Services are offered to you in order to streamline your internal processes, optimize your productivity, increase your customer satisfaction and generate a substantial return on investment for you.

In order to use part or all of our Services, you may need to create a profile and register into our Site.  Regardless of whether you create a personalized profile or not, we may collect certain personal data and other information from you, and we hereby invite you to revise our Policy to be aware of your rights and obligations regarding such data use.

Prohibited activities

You agree not to, and will not undertake or facilitate the use or access of the Site and/or the Service to:

1. Help, motivate, or enable others to infringe these Terms.
2. Plagiarize or infringe the intellectual property rights of a third party.
3. Use any automated process to access or use our services or any process, whether automated or manual, to capture or mine data or content from any of our Services for any reason.
4. Create a link to the Site from another website or document without our consent.
5. Upload, post or otherwise disseminate any content that: (i)infringes or violates the intellectual property rights of any third party, including any trademark, copyright, trade secret, moral rights, ancillary rights or other rights therefrom, or causes or results in the violation of any applicable law or regulation, (ii) in any way exploits the Site other than as specifically sanctioned by us; (iii) encourages any conduct that could promote or cause discrimination, racism, hatred, harm or violence against any individual or group of persons; (iv) threatens minors in any manner; (v) promotes or encourages illegal, fraudulent or inappropriate activities (e.g. tobacco, alcohol, firearms, cannabis, gambling, binary options, Forex, adult content); and/or (vi) promotes or disseminates any content that is or may be considered obscene, pornographic, inappropriate or otherwise objectionable
6. Remove or modify any watermark, copyright, trademark or other proprietary rights notice that appears on any image, banner, frame, content or portion of the Site.
7. Copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Site or any part thereof.
8. Collect, receive, transfer or disseminate any personally identifiable information of any user of the Site without the express authorization of the holder.

Account

In order to use the Sites’ functionalities, you must register for a user account.  There is no fee to open an account.  You are solely responsible for the activity that occurs on your Account, and for keeping your password secure.  We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms.  You must notify Hoops immediately of any change in your eligibility to use the Site, breach of security, or unauthorized use of your account.

Fees and billing

In order to maintain a valid account for the Site, you may be required to pay certain monthly fees to Hoops.  We may offer you a seven (7) day free trial for the Services, afterwards you will be charged at the then-current fees.  The transaction amount will be charged though through PayPal and other payment processors, financial institutions and/or credit card issuers used by us.  Hoops will inform you of the amount of fees due, along with payment terms and dates.  Once paid, fees are not refundable.  It is your responsibility to choose subscription lengths and rates appropriate for your purposes and to cancel your automatically renewing subscription in time.

Payment processing systems

We use third-party payment processors such as credit card and/or PayPal for any purchases made through the use of the Site.  Such third party tools will bill you through a payment account linked to your account on the Site.  The processing of payments for sellers and buyers will be subject to the fees, terms, conditions and privacy policies of such third parties.  Hoops is not responsible for any and all errors by the payment processors.

Cancellation

In compliance with the Competition and Consumer Act of 2010, Hoops hereby informs you that you have the right to cancel — at any time — your account and/or subscription, at no cost.  In order to do so, please notify us, at least before the day of your account/subscription renewal, through a clear statement indicating us that you wish to cancel your account and/or subscription on a certain date, including your: name, signature, address.

Updates

Hoops hereby reserves the right to update, modify, discontinue, suspend or terminate the Site, the Service, the Terms and/or the Policy, at any time and at our sole and final discretion.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, by email and/or short message service.  Please, refer to the date first shown above for the date where effective changes were last undertook.  Your continued use of the Site after the last effective date of amendment to these Terms – either by registration or simple use – indicates your acceptance of any modifications thereto.

Minors

Hoops undertakes the protection of the rights of minors and underage persons, and thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by their minors. You hereby represent and warrant that you are at least eighteen (18) years of age, or older, as of the date of first access to our Site and, if you are under such age, are using the Site under the direct supervision of your parent, legal guardian or responsible adult.  There are free mechanisms for parental control available online which may assist you in limiting access to minors of material that is or may be considered harmful.

License

Henceforth, through the simple use of our Site and any Services therein, you hereby grant Hoops an unlimited, non-exclusive, assignable, royalty-free, perpetual, irrevocable, for all the world, sub-licensable right and license to use, reproduce, adapt, create derivative works from, distribute and display any and all content you may upload or transfer throughout the Site, when posting, uploading files, inputting data or otherwise submitting any kind of information to us, and you hereby represent and warrant to Hoops that you have all the rights, licenses, authorizations and authority necessary to grant the abovementioned license, including but not limited to rights of privacy or publicity releases, authorization, release, clearance, consent or license from any third party or that your use of such content constitutes fair use.

Hoops hereby grants you a personal, limited, revocable, worldwide, royalty-free, non-assignable, non-commercial, non-sublicensable and non-exclusive authorization to use the services and/or software provided to you by us through the Site; for the sole purpose of enabling you to use and receive the services of the Site, only as provided for in these Terms, and subject to your compliance thereof.

Ownership

All trademarks reproduced in our Site are the property of Hoops – or are used under license or authorization from – the respective title holder, who may or may not be affiliated with, connected to, or sponsored by us or and/or affiliates, partners, advertisers and subsidiaries.  Reproduction of the content within the Site without our written authorization is thereto prohibited.  As between you and us, you own your content and we own our content.  We own, control and/or have sufficient right and authorization for the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

User Generated Content

Hoops does not pre-screen or regularly review all user contributed content (if any), and has the final right and decision (though not the obligation) to remove, any content posted by any user on the Site.  Hoops has the right – but not the obligation – to monitor and edit or remove any activity or content; thereby enacting the necessary measures to moderate any comments and to control user behavior within our Site.

You represent and warrant that posting, uploading, inputting or submitting such content does not violate or constitute the infringement of any intellectual property right, trade secret, right of privacy, right of publicity, moral rights or other right of any person or entity.

Spam

We take spam seriously, and we encourage you and our users to report any spam activities to us. We will not tolerate, nor allow others to undertake, any and all use of any information regarding the Site, pursuant to the remission of any other unsolicited bulk communication, advertising, email, promotion, spam or chain letter to any of our users or to any third party.  Under the CAN-SPAM Act and the Spam Act of 2003, you may not access the Site to harvest and/or collect any information about our users, for any purpose, and any commercial communication that you may receive from us and/or our partners, licensors, suppliers and affiliates will clearly indicate measures to stop receiving such communications, including unsubscribe links and instructions.

Third party content and links

From time to time, our Site and Services may contain hyperlinks to other websites and may also display and/or syndicate embedded content from third party providers.  We have no responsibility for the content of the linked websites, which are thereto governed under their respective privacy policies, terms and conditions and legal disclaimers, which will govern any use thereof.

Advertising, Opt-out

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

The Site may allow you to subscribe to or newsletter service, which may be provided by us or through an authorized third party.  Through our newsletter, you may receive information according to your user preferences.  As our user, you will receive a conspicuous communication indicating subscription therefor and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.

No endorsement

The images, texts, posts, photographs and other media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our complete scope.  Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes.  Some or all of the content displayed in the Site is undertook by external third parties, and do not reflect Hoops’ opinions, nor does Hoops guarantees their actual veracity, henceforth neither Hoops nor its affiliates, subsidiaries, officers, employees and agents make any endorsement thereof.

Disclaimer of Damages

Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Site and Services “as are”, “with all faults”, and “as available”, including all content, software, materials, services, functions, and/or information made available thereby.  Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.  It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

HOOPS HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF OR RELATED TO ANY PURPORTED FACTS OR INFORMATION AND DESCRIPTION OF ANY PRODUCTS DISPLAYED ON OUR SITE, INCLUDING ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, COMPLETENESS, RELIABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NEITHER HOOPS NOR ITS EMPLOYEES, AFFILIATES, CONTRACTORS AND/OR AGENTS WARRANTEE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR PRODUCE ANY PARTICULAR RESULTS, THAT ANY INFORMATION, CUSTOMER RELATION MANAGEMENT, ACTIVITY, LIST, INVENTORY, ORDER, QUOTE, CHART OR REACTION WILL BE CURRENT AND/OR VALID, OR THAT THE INFORMATION OBTAINED THEREFROM WILL BE RELIABLE OR ACCURATE.  NO ADVICE OR INFORMATION GIVEN BY HOOPS OR ITS EMPLOYEES, AFFILIATES, CONTRACTORS AND/OR AGENTS SHALL CREATE A GUARANTEE.

Limitation of Liability

In no event shall Hoops be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, whether based on warranty, contract, tort or any other legal theory, including damages for loss of profits, loss of data, business interruption, virus, worm, computer or software failure or inaccessibility or any other personal damages or losses and whether or not you are or have been advised of the possibility of such damages.  The foregoing limitation of liability shall apply to the fullest extent permitted by law in any applicable jurisdiction.  Hoops’ maximum cumulative liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to: (i) the amount paid, if any, by you to us in connection with the Site and any Services therein during the twelve (12) months prior to the action giving rise to such liability; or (ii) USD$100 (One Hundred United States Dollars); whichever amount results inferior.

Indemnity

You hereby acknowledge, understand and agree to indemnify, defend and hold Hoops, and its affiliates, subsidiaries, officers, employees and agents (including payment of reasonable costs and attorneys’ and experts’ fees), harmless from and against any and all claim or demand made by any third party due to or arising out of your use of the Site and/or Services, your violation of these Terms, any infringement of any intellectual property or other right of any third party arising out of or related to any products or services purchased by you in connection with the Site and/or the Services.

The laws of certain jurisdictions may not allow undertaking limitations on implied warranties or to exclude or limit certain types of damages.  If these laws apply to you, some or all of the abovementioned disclaimers, exclusions, or limitations of liability may not apply to you, and you might have additional rights therein.

Generals

Assignment.  You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.  Notwithstanding the foregoing, we may assign any rights or obligations hereunder.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.

Applicable Law, Forum.  Your use of this Site and any claim, dispute and/or cause of action that might arise between you and us, without regard to conflict of law to principles, shall be subject to the laws of Queensland, Australia, without regard to the conflicts of laws principles thereof.  You hereby represent that you consent to the exclusive jurisdiction and venue of the competent Courts for the City of Warana, Queensland, Australia, for in all disputes arising out of or relating to the use of this Site.  The United Nations Convention on Contracts for the International Sale of Goods is hereby waived by the parties.

Consumer Notice.  Our users have the right to be informed of the following: the Site is provided by Hoops CRM.  For any inquires or complaints regarding the Service or Site, please contact our customer service team by email at hello@hoopscrm.com or by post at 1/34 Technology Drive, Warana. QLD 4575, Australia.  Queensland residents may reach the Office of Fair Trading of Queensland by telephone at + 13 13 74 68, by fax at + 07 3033 0240. by email: brisbaneoft@justice.qld.gov.au and by post at the Case Assessment and Conciliation, Office of Fair Trading, GPO Box 3111, Brisbane, Queensland, 4001, Australia.

Exchange rates. Currency exchange rates displayed on the Site are based on various sources and should only be used as reference.  Actual exchange rates will vary depending on the location, bank, credit card and/or payment processing systems used by you.

Force Majeure.  Hoops will not be liable for any failure to perform our obligations hereunder, where such failure results from any cause beyond Hoops’ reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Headings.  The section and paragraph headings in these Terms of Use are for convenience only and will not affect their interpretation.

Injunctive Relief.  You hereby acknowledge and agree that any violation or breach of the Terms may cause Hoops irreparable harm and damages. Therefore, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and agree that Hoops reserves the right to, in its ole and final discretion, immediately seek and/or obtain preliminary and/or permanent injunctive relief (including, without limitation, temporary restraining orders) regarding any actual or purported violation or breach of these Terms a and seek and/or obtain any and all other remedies available to Hoops in law or in equity.  Additionally, Hoops may seek specific performance of any term in these Terms.

No Waiver.  Failure by us to impose any of its rights under these Terms shall not be interpreted as a waiver of any rights hereon, nor any other rights with respect to the matter hereof.

Notices.  Any non-legal notices or communications hereunder, including those regarding modifications to these Terms, shall be in writing and delivered by in writing (to any address you may provide).  For notices made by e-mail, the date of receipt will be deemed the date in which such notice is transmitted.

Relationship.  You and Hoops are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability.  If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Contact.  If you have any questions or comments in relation to this Policy, please send us an email to: hello@hoopscrm.com.

Effective Date of these Terms is 06, July, 2019.