Terms of Service
Effective Date: 16 March 2025
Last Updated: 16 March 2025
These Terms of Service (“Terms”) govern access to and use of the Hiilp website, applications, software, dashboards, APIs, tools, plugins, features and related services (collectively, the “Platform”), operated by M1M MEDIA PTY LTD (ABN 68 648 123 639) (“Hiilp”, “we”, “us” or “our”).
By accessing, browsing, registering for, or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.
These Terms should be read together with our other legal policies, including our Privacy Policy, Payment Terms, Refund Policy, KYC / AML Policy, Service Provider Agreement, Acceptable Use Policy, and Platform Liability Disclaimer. Where there is any inconsistency, the more specific document applicable to the relevant service will prevail.
1.1 Definitions
For the purposes of these Terms:
“User” means any individual, business, entity or organisation accessing or using the Platform.
“Service Provider” or “Merchant” means any person or entity using the Platform to display, market, offer, sell, book, schedule or manage goods or services.
“End Customer” means any person or entity that browses, enquires, books, orders, purchases or otherwise interacts with a Service Provider through the Platform.
“Third-Party Payment Provider” means any external payment processor, acquiring bank, payment institution, payout provider, identity verification provider, fraud prevention provider or similar service provider used in connection with the Platform.
1.2 Nature of the Platform
Hiilp is a technology platform and software service provider. Unless expressly stated otherwise in writing, Hiilp provides digital infrastructure, software tools, booking and order management functionality, payment connectivity, automation and related services.
Unless expressly stated otherwise in a particular transaction flow, order page or separate agreement, Hiilp is not the direct seller, direct supplier, employer, agent, partner or joint venture party of any Merchant or End Customer.
Merchants are independent operators and are solely responsible for their own business activities, service quality, pricing, customer communications, fulfilment, refunds, taxes, licences, insurance, regulatory compliance and legal obligations.
1.3 Eligibility and Accounts
You must have legal capacity to enter into binding agreements in order to use the Platform.
If you use the Platform on behalf of a company or other legal entity, you represent and warrant that you are authorised to bind that entity to these Terms.
You must provide accurate, complete and up-to-date information when creating or maintaining an account. You are responsible for safeguarding your login credentials, devices and access methods, and for all activities conducted through your account.
We may suspend, restrict or terminate your account if any information provided is inaccurate, misleading, incomplete, outdated, or gives rise to legal, compliance, payment, operational or security concerns.
1.4 Platform Services
The Platform may include, without limitation:
website and page creation tools;
business profile and service display features;
booking, scheduling and order management tools;
payment links and payment integrations;
customer communication functions;
reporting and analytics tools;
automation, plugins and APIs; and
other digital infrastructure services made available by Hiilp from time to time.
We may modify, suspend, replace or discontinue any part of the Platform at any time for business, legal, compliance, security, technical or operational reasons.
1.5 User Obligations
You must not use the Platform for any unlawful, fraudulent, deceptive, abusive, infringing, harmful or unauthorised purpose.
Without limitation, you must not:
submit false, misleading or fraudulent information;
impersonate another person or entity;
circumvent Platform controls, payment flows, compliance checks or risk controls;
copy, scrape, reverse engineer, interfere with or attack the Platform;
rent, transfer, sell or permit unauthorised third-party use of your account;
use the Platform for unauthorised money movement, payment aggregation, laundering, or other high-risk financial activity; or
engage in any conduct that we reasonably consider harmful to the Platform, other users, payment providers, regulators or the public.
1.6 Payments and Settlement
The Platform may connect with Third-Party Payment Providers to facilitate payments, payouts, split settlements, refunds, chargebacks, fraud screening and related payment services.
You acknowledge that payment processing, settlement timing, payout availability, verification requirements, holds, reversals and restrictions may be determined by Third-Party Payment Providers, banks, card schemes, fraud controls, legal requirements or regulator directions.
Where Hiilp provides split payment or settlement functionality, this is provided as a technical and operational feature only and does not, by itself, alter the legal responsibility allocation between Hiilp and the Merchant.
1.7 Merchant and End Customer Relationship
Where a Merchant offers or supplies goods or services through the Platform, the Merchant is solely responsible for its content, service description, pricing, fulfilment, customer support, dispute handling, refund handling and compliance with applicable law.
Hiilp may assist with communications, workflow support, or dispute coordination, but such assistance does not mean Hiilp assumes the Merchant’s underlying legal obligations.
1.8 Intellectual Property
All intellectual property rights in the Platform, including its software, code, architecture, branding, design, text, graphics, interface, documentation and related materials, are owned by Hiilp or its licensors.
You must not reproduce, modify, distribute, reverse engineer, exploit or otherwise use any part of the Platform without our prior written consent.
You retain ownership of content you lawfully upload to the Platform, but you grant Hiilp a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, use, reproduce, display, process and distribute such content for the purposes of operating, improving, securing, reviewing, marketing, supporting and enforcing the Platform and related services.
1.9 Privacy and Data
Our collection, use, disclosure, storage and handling of personal information is governed by our Privacy Policy.
You acknowledge and agree that we may share information with payment processors, verification providers, fraud prevention providers, cloud service providers, professional advisers and competent authorities where reasonably necessary for service delivery, compliance, fraud prevention, dispute handling, security or legal purposes.
1.10 Disclaimers
The Platform is provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, we do not guarantee that the Platform will always be uninterrupted, error-free, secure, available, or suitable for your specific business objectives.
We do not warrant the identity, legality, quality, reliability, accuracy, performance or outcomes of any Merchant, End Customer or third party.
We are not responsible for decisions or actions taken by Third-Party Payment Providers, banks, regulators, card schemes, telecommunications providers, infrastructure providers or other third parties.
1.11 Limitation of Liability
To the maximum extent permitted by law, Hiilp’s total aggregate liability arising out of or in connection with these Terms or the Platform will be limited to the amount of fees actually paid by the relevant User to Hiilp during the three-month period immediately preceding the event giving rise to the claim, or if no fees were paid, AUD 100.
To the maximum extent permitted by law, Hiilp will not be liable for any indirect, incidental, special, exemplary, punitive or consequential loss, or for any loss of profits, business, goodwill, opportunity, revenue, data or anticipated savings.
Nothing in these Terms excludes any rights or remedies which cannot lawfully be excluded under applicable law.
1.12 Indemnity
You agree to indemnify and hold harmless Hiilp, its related bodies corporate, directors, officers, employees, contractors and advisers from and against any loss, damage, liability, fine, penalty, claim, demand, cost or expense arising out of or in connection with:
your use of the Platform;
your content;
your business activities;
your breach of these Terms;
your violation of law; or
your infringement of any third-party rights.
1.13 Suspension and Termination
We may suspend, restrict, freeze or terminate your access to the Platform immediately if we reasonably believe that:
you have breached these Terms or any Platform policy;
you present legal, regulatory, fraud, payment, security or reputational risk;
you have provided false or misleading information;
a payment provider flags or restricts your activity;
your refund, complaint or chargeback profile is unusually high; or continued access would expose us or others to unacceptable risk.
Termination does not affect any accrued rights, obligations, holds, investigations, chargeback handling, refund obligations, payment recovery rights or compliance requirements.
1.14 Changes to These Terms
We may amend these Terms from time to time. Updated versions will become effective when published on the Platform or on the date stated in the updated version.
Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms.
1.15 Governing Law
These Terms are governed by the laws of Australia.
Any dispute arising out of or in connection with these Terms or the Platform shall be subject to the jurisdiction of the courts of Australia, unless applicable mandatory law requires otherwise.
Privacy Policy
Effective Date: 16 March 2025
Last Updated: 16 March 2025
This Privacy Policy explains how M1M MEDIA PTY LTD (ABN 68 648 123 639) (“Hiilp”, “we”, “us” or “our”) collects, uses, discloses, stores and protects personal information and related business information in connection with the Hiilp Platform.
2.1 Scope
This Privacy Policy applies to personal information collected when individuals access, browse, register for, use or otherwise interact with the Platform, including as End Customers, Merchants, prospective Merchants, business contacts or other users.
2.2 Who We Are
The Hiilp Platform is operated by M1M MEDIA PTY LTD (ABN 68 648 123 639).
Privacy enquiries may be directed to:
Email：support@hiilp.com
Phone: +61 425666677
2.3 Information We Collect
We may collect information that you provide directly to us, including:
name, email address, phone number and contact details;
account credentials and account settings;
business name, registration details, ABN, ACN, tax information and registered address;
director, authorised representative and beneficial ownership details;
bank account and settlement information;
content, files, images, text, page information and communications uploaded to the Platform; and
customer support records, complaint records and interaction history.
We may also collect information automatically, including:
IP address;
device identifiers;
browser type and operating system;
usage logs, access timestamps, clickstream data and system activity;
cookies, local storage, analytics and similar technical data; and
security, risk and fraud monitoring data.
We may receive information from third parties, including:
payment status, payout status, refund status and chargeback information from payment providers;
identity verification, fraud screening and compliance screening results;
public registers, sanctions screening results, company data and legal status data; and
information lawfully received from professional advisers, regulators, law enforcement or competent authorities.
2.4 Why We Collect Information
We may collect and use information to:
create and manage accounts;
provide Platform services, bookings, orders, payments and settlement functions;
conduct identity verification, business verification, KYC / AML reviews and fraud prevention;
detect, investigate and prevent unlawful, fraudulent, abusive or risky conduct;
provide customer support, dispute handling and refund handling;
meet legal, accounting, audit, tax and regulatory obligations;
operate, maintain, secure and improve the Platform; and
send service-related communications and, where lawful, relevant business updates or marketing communications.
2.5 Legal Basis
Where applicable, we process information because:
it is necessary to provide requested services or perform a contract;
it is necessary to comply with legal or regulatory obligations;
it is necessary for our legitimate interests in operating, securing and improving the Platform;
you have provided consent; or
It is necessary for the establishment, exercise or defence of legal claims.
2.6 Disclosure of Information
We may disclose information, where reasonably necessary, to:
Third-Party Payment Providers, banks, acquirers and payment networks;
identity verification, sanctions screening, KYC / AML and fraud prevention providers;
cloud hosting, infrastructure, analytics, customer support and communications providers;
lawyers, accountants, auditors, tax advisers and other professional advisers;
regulators, courts, law enforcement agencies and competent authorities;
potential purchasers, investors, advisers or counterparties in connection with a corporate transaction; and
other parties where authorised by you or required by law.
2.7 Cross-Border Disclosure
Because the Platform, payment infrastructure, cloud services and verification services may operate across multiple jurisdictions, your information may be accessed, stored or processed outside Australia.
Where we disclose personal information to overseas recipients, we will take reasonable steps to ensure that such recipients handle the information in a manner consistent with applicable privacy requirements and appropriate contractual, organisational and security controls.
2.8 Cookies and Similar Technologies
We may use cookies, pixels, local storage and similar technologies for authentication, security, preferences, analytics and service functionality.
You may manage cookies through your browser settings, but disabling certain technologies may affect Platform functionality.
2.9 Security and Retention
We take reasonable technical and organisational measures to protect information against misuse, interference, loss, unauthorised access, modification and disclosure.
We retain information only for as long as reasonably necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law, payment rules, dispute handling, audit, fraud prevention or regulatory requirements.
Where information is no longer required and we are not legally required to retain it, we will take reasonable steps to destroy or de-identify it.
2.10 Access and Correction
You may request access to personal information we hold about you, and you may request correction of inaccurate, incomplete or outdated information.
Requests may be submitted to: info@hiilp.com
We may refuse requests where permitted by law, in which case we will explain the basis for refusal where required.
2.11 Minors
The Platform is not intended for persons who are under the minimum age required by applicable law.
If we become aware that personal information has been collected unlawfully from a minor, we will take reasonable steps to delete it.
2.12 Third-Party Sites
The Platform may contain links to third-party websites, payment pages or services. We are not responsible for the privacy practices of those third parties, and you should review their own privacy policies.
2.13 Changes to This Policy
We may update this Privacy Policy from time to time. Updated versions become effective when published or on the date stated in the updated version.
Payment Terms
Effective Date: 16 March 2025
These Payment Terms apply to payments, collections, settlement, payouts, split payments, reversals, refunds, chargebacks, reserves, holds and related payment activity processed through or in connection with the Hiilp Platform.
3.1 Payment Services
Hiilp may integrate with Third-Party Payment Providers to facilitate payment acceptance, split settlement, disbursements, payout controls, refund processing, chargeback handling, identity verification, fraud review and related payment functions.
Hiilp is not a bank, deposit-taking institution or licensed payment institution unless expressly stated otherwise.
3.2 Payment Authorisation
By submitting payment through the Platform, the payer authorises the relevant payment to be processed in accordance with the applicable order, booking, subscription, invoice or checkout flow.
Where recurring billing, subscription billing or automatic renewal applies, the payer authorises recurring charges in accordance with the pricing, interval and cancellation terms displayed at checkout or otherwise agreed.
The payer must ensure that the selected payment method is valid, lawful and sufficiently funded.
3.3 Merchant Settlement
A Merchant using Platform payment functionality agrees to comply with Hiilp’s payment procedures and the requirements of relevant Third-Party Payment Providers.
Settlement timing, payout thresholds, reserve arrangements, hold periods, rolling reserves, delayed settlement or payout restrictions may vary based on risk profile, transaction volume, complaint levels, refund activity, chargeback exposure, business type, jurisdiction, payment provider rules or legal requirements.
3.4 Split Payments
Where split payment functionality is enabled, Hiilp may direct a transaction amount to be allocated among the Merchant, Hiilp and any other authorised payee in accordance with configured rules.
Such functionality is provided as a technical and operational arrangement only and does not, by itself, determine legal entitlement as against End Customers or payment providers.
3.5 Fees and Deductions
Hiilp may deduct from payment flows, settlements or balances:
subscription fees;
platform service fees;
transaction service fees;
technology fees;
refund processing costs;
chargeback fees, scheme fees, investigation fees or dispute-related costs;
reserve funding amounts; and
other lawfully disclosed amounts due to Hiilp or relevant payment providers.
3.6 Payouts
Payouts may only be made to approved bank accounts lawfully held in the name of the relevant Merchant or otherwise accepted under the rules of the relevant payment provider.
We may suspend, restrict or delay payouts where verification is incomplete, risk levels increase, complaints or chargebacks rise, bank details cannot be validated, or a legal, compliance or payment concern arises.
3.7 Negative Balances
If a Merchant account becomes negative due to refunds, chargebacks, reversals, scheme assessments, fines, reserve adjustments, fees or other liabilities, the Merchant must immediately pay the shortfall.
Hiilp may recover such amounts by set-off, deduction from future settlements, use of reserves, withholding payouts, or other lawful recovery methods.
3.8 Taxes
Each User and Merchant is solely responsible for its own taxes, reporting obligations, invoicing obligations, GST, VAT, sales tax, withholding tax or any other tax liabilities arising from its activities through the Platform.
Where law requires Hiilp to collect, withhold, report or remit taxes or transaction information, the relevant User authorises Hiilp to do so.
3.9 Payment Failures and Restrictions
We do not guarantee that any payment will be successful.
Transactions may be declined, reversed, delayed, frozen or restricted due to bank decisions, payment provider rules, fraud controls, sanctions screening, technical failures, regulator instructions or other causes outside our control.
3.10 Priority of External Rules
Where a Third-Party Payment Provider, acquiring bank, payment network or applicable law imposes requirements inconsistent with these Payment Terms, the external mandatory requirements shall prevail to the extent of the inconsistency.
Refund Policy
Effective Date: 16 March 2025
This Refund Policy sets out how refund requests may be handled in connection with orders, bookings, subscriptions or transactions processed through the Hiilp Platform.
4.1 General Principles
Hiilp respects mandatory consumer rights under applicable law.
Refund outcomes may depend on the transaction structure, whether the service or goods were delivered, whether the Platform or a Merchant is the relevant contracting party, the applicable order terms, the relevant payment provider’s rules, and applicable law.
Where Hiilp is not the direct provider of the goods or services, the Merchant will generally remain primarily responsible for the underlying refund obligation, subject to any mandatory legal requirements.
4.2 Refund Eligibility
Refund requests may be considered in circumstances including:
duplicate payments;
unauthorised payments;
failed or incomplete transactions that nevertheless resulted in funds being captured;
non-delivery or material non-performance;
a legal requirement to provide a refund; or
another approved basis under the applicable order or service terms.
Refund requests may be refused, reduced or adjusted where:
the relevant goods or services were properly supplied as described;
the payer changed their mind without a legal or contractual right to a refund;
the relevant fees are expressly stated to be non-refundable to the extent permitted by law; or
the request is abusive, fraudulent, misleading or unsupported.
4.3 Refund Process
A refund request should be submitted through the relevant order, customer support channel or other designated Platform process, together with sufficient information to identify the transaction and explain the basis of the request.
Hiilp or the relevant Merchant may ask for additional information or evidence to assess the request.
4.4 Refund Method
Unless otherwise required by law or agreed by the payer, approved refunds will generally be returned to the original payment method.
If the original payment method is unavailable or unsuitable, an alternative refund mechanism may be offered where lawful.
4.5 Processing Time
Approved refunds will be initiated within a reasonable period.
Actual receipt times depend on banks, card schemes, payment methods and payment providers, and Hiilp does not control the speed of the receiving institution.
4.6 Merchant Responsibility
Where a Merchant is the direct supplier of goods or services, the Merchant is responsible for handling refunds lawfully, fairly and promptly.
Where a Merchant’s conduct causes a refund, dispute, reversal, fee, fine or related loss, the Merchant remains responsible for those consequences as between the Merchant and Hiilp.
4.7 Abuse of Refund Rights
We may refuse, limit or investigate any refund request that appears abusive, fraudulent, repeated without merit, supported by false information, or made in bad faith.
We may also suspend or restrict accounts that misuse refund processes.
KYC / AML Policy
Effective Date: 16 March 2025
This KYC / AML Policy explains the identity verification, business verification, screening and risk control framework used by Hiilp in order to reduce fraud, money laundering risk, sanctions risk, identity abuse, payment risk and other compliance concerns.
5.1 Purpose
Hiilp operates a KYC / AML framework to:
verify users and business counterparties;
identify beneficial owners and controlling persons;
reduce fraud, money laundering, sanctions evasion and payment abuse risk;
support the requirements of payment providers, banks, card schemes and applicable law; and
maintain a safe and compliant operating environment.
5.2 Risk-Based Approach
Hiilp applies a risk-based approach when determining what level of verification, review, documentation, monitoring and control is required.
Risk may be assessed by reference to factors such as business type, jurisdiction, transaction volume, delivery cycle, complaint history, refund activity, chargeback exposure, ownership structure, banking profile and behavioural signals.
5.3 Persons and Entities We May Verify
We may conduct verification or screening on:
Merchants and prospective Merchants;
directors, authorised representatives, beneficial owners and controlling persons;
certain End Customers in higher-risk situations;
bank account holders; and
other persons connected to transactions, disputes, investigations or compliance reviews.
5.4 Information and Documents We May Request
We may request documents and information including:
government-issued identity documents;
proof of address;
company registration documents;
ABN, ACN, tax or registration details;
bank account evidence;
ownership structure information;
beneficial ownership declarations;
website, app or business model information;
anticipated transaction data; and
any additional material reasonably required for verification, fraud prevention, underwriting, compliance or payment enablement.
5.5 Screening and Verification Measures
We may use manual review, database checks, automated verification, third-party verification services, public registers and other lawful means to conduct:
identity verification;
business verification;
beneficial ownership identification;
sanctions screening;
PEP screening;
fraud and account takeover detection;
bank account validation; and
ongoing monitoring of business activity, transaction activity and website content.
5.6 Ongoing Monitoring
Verification is not limited to onboarding. Hiilp may conduct ongoing and periodic reviews throughout the lifetime of an account or commercial relationship.
We may request updated information, re-verification or enhanced due diligence where risk changes, verification expires, business activity changes materially, unusual patterns arise, complaints increase, chargeback activity rises, or a payment provider requires further review.
5.7 Actions We May Take
If verification fails, if requested information is not provided, or if significant risk is identified, Hiilp may:
refuse onboarding;
delay activation;
restrict account functionality;
suspend payments, payouts or settlement;
hold or freeze funds;
terminate services;
report matters to relevant payment providers or authorities where required or appropriate; and
take further action permitted by law or contract.
5.8 Information Sharing
For KYC / AML, fraud prevention, payment processing, sanctions screening, security and compliance purposes, we may share necessary information with payment providers, verification partners, risk partners, professional advisers or competent authorities.
5.9 Record Retention
Verification, screening and monitoring records may be retained for as long as reasonably necessary for compliance, fraud prevention, audit, dispute handling, legal proceedings, payment requirements or applicable law.
Service Provider Agreement
Effective Date: 16 March 2025
This Service Provider Agreement (“Agreement”) is entered into between M1M MEDIA PTY LTD (ABN 68 648 123 639) and the service provider, merchant, business or other entity accepted to use Hiilp’s Platform services (“Service Provider” or “Merchant”).
6.1 Purpose
This Agreement governs the Merchant’s use of the Platform, including business listing, content publication, booking tools, order management, payment connectivity, customer interactions, compliance obligations and settlement arrangements.
6.2 Independent Business Status
The Merchant is an independent operator and not an employee, agent, partner, franchisee or joint venture party of Hiilp.
The Merchant is solely responsible for its own business operations, service performance, legal compliance, tax obligations, licensing, insurance, staffing, marketing, refunds, complaints, consumer obligations and liabilities.
6.3 Merchant Representations and Warranties
The Merchant represents and warrants that:
it is lawfully established and validly operating;
it has the power and authority to enter into this Agreement;
all information provided to Hiilp is true, complete and current;
its business activities and content are lawful;
it has and will maintain all licences, approvals, authorisations and insurance required for its business; and
it will not use the Platform for fraud, deception, prohibited goods or services, unlawful payments, sanctions evasion, laundering or any other prohibited activity.
6.4 Merchant Obligations
The Merchant must ensure that all content, service descriptions, pricing, claims, images and other materials published through the Platform are lawful, accurate, not misleading and consistent with the actual service or goods offered.
The Merchant must provide services or goods in accordance with the representations made to customers and the applicable transaction terms.
The Merchant must manage customer communications, complaints, refund requests and after-sales issues promptly and lawfully.
The Merchant must keep all business, ownership, bank account and contact information up to date.
6.5 Verification and Compliance Cooperation
The Merchant must cooperate with all reasonable verification, underwriting, compliance, fraud review, bank account validation, website review and sanctions screening requests made by Hiilp or its payment providers.
The Merchant must promptly provide documents, information, explanations and supporting records requested for dispute handling, chargeback defence, audit, legal compliance or payment provider reviews.
6.6 Prohibited and Restricted Conduct
The Merchant must comply with the Platform’s Acceptable Use Policy and any onboarding or risk eligibility requirements.
Hiilp may designate certain business categories as prohibited or restricted and may impose enhanced review, reserves, transaction limits, monitoring or suspension.
6.7 Payments, Fees and Settlement
Where the Merchant uses Platform payment services, the Merchant agrees to the applicable Payment Terms, Refund Policy and any settlement, reserve or chargeback recovery rules imposed by Hiilp or the relevant payment provider.
The Merchant agrees that refunds, reversals, chargebacks, fines, penalties, fees, disputes and losses arising from the Merchant’s conduct or business may be set off, deducted, withheld, recovered or reserved against current or future balances.
6.8 Tax Responsibility
The Merchant is solely responsible for all taxes, GST, VAT, sales taxes, invoicing obligations, reporting and remittance obligations arising from its business.
Hiilp does not provide legal or tax advice to the Merchant.
6.9 Intellectual Property and Content Licence
The Merchant warrants that it owns or is authorised to use all content uploaded to the Platform and that such content does not infringe any third-party rights.
The Merchant grants Hiilp a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, use, distribute and process Merchant content for platform operations, customer display, compliance review, support, dispute handling, enforcement and marketing.
6.10 Indemnity
The Merchant indemnifies Hiilp against any loss, liability, cost, claim, demand, fine, penalty or expense arising from the Merchant’s business activities, content, fulfilment failures, refunds, disputes, legal breaches, regulatory issues, third-party claims or breach of this Agreement.
6.11 Suspension and Termination
Hiilp may restrict, suspend or terminate the Merchant’s access to the Platform where the Merchant breaches this Agreement, presents legal or payment risk, fails verification, receives excessive complaints or chargebacks, engages in prohibited conduct or is restricted by a payment provider.
Termination does not affect accrued obligations, payment recovery rights, reserve rights, chargeback handling, refund handling, audit rights or compliance retention obligations.
6.12 Governing Law
This Agreement is governed by the laws of Australia.
Acceptable Use Policy
Effective Date: 16 March 2025
This Acceptable Use Policy (“AUP”) applies to all Users of the Hiilp Platform, including Merchants, End Customers and any other party accessing or using the Platform.
7.1 Purpose
Hiilp seeks to maintain a lawful, secure and trusted platform environment. Any use of the Platform that is unlawful, abusive, harmful, fraudulent, deceptive, prohibited by payment providers, or likely to expose Hiilp or others to material risk is prohibited.
7.2 Prohibited Activities
You must not use the Platform to engage in, support, facilitate or promote:
unlawful conduct;
fraud, deception, identity theft or account takeover;
money laundering, sanctions evasion, terrorist financing or unlawful funds movement;
payment circumvention, unauthorised payment aggregation or hidden payment processing;
infringement of intellectual property, privacy, confidentiality or reputation rights;
harassment, hate, abuse, threats or violent content;
malware, hacking, scraping, system interference or circumvention of security controls;
false, misleading or deceptive advertising or service claims;
or any other conduct prohibited by law, regulation, card scheme rules, payment provider rules or Hiilp policy.
7.3 Restricted Businesses and High-Risk Activity
Certain businesses, products, services or transaction types may be restricted or subject to enhanced review, reserve requirements, limits, conditions or outright refusal.
Hiilp may update its restricted or prohibited categories from time to time to reflect legal, operational, payment, risk or reputational developments.
7.4 Content Standards
You must not upload or publish content that is false, infringing, misleading, defamatory, unlawful, abusive, manipulative, deceptive or otherwise unsuitable for the Platform.
You must not direct users to avoid Platform compliance, avoid payment flows or engage in off-platform conduct designed to defeat Platform controls.
7.5 Enforcement
If we believe that you have breached this AUP, we may take one or more actions including content removal, warnings, remediation requests, transaction restrictions, payout holds, reserves, account suspension, account termination, reporting to payment providers, reporting to authorities, or legal action.
Platform Liability Disclaimer
Effective Date: 16 March 2025
This Platform Liability Disclaimer applies to the Hiilp Platform, including its website, application, dashboard, booking tools, payment connectivity, merchant pages, order functionality and associated services.
8.1 Platform Role
Hiilp is primarily a technology platform, software service provider and digital infrastructure provider.
Unless expressly stated otherwise in a specific transaction flow or separate written agreement, Hiilp is not the direct supplier of a Merchant’s goods or services and does not become a party to the Merchant’s business simply by providing Platform functionality.
Merchants are independent operators and remain solely responsible for their own services, goods, pricing, fulfilment, customer support, refunds, legal compliance and business conduct.
8.2 Content and Information Disclaimer
While Hiilp may moderate, review, verify, restrict or remove content, we do not guarantee that all Merchant content, prices, descriptions, availability information, service outcomes or customer communications will be accurate, complete, current or error-free at all times.
Information displayed by Merchants remains the responsibility of those Merchants unless Hiilp expressly states otherwise.
8.3 Third-Party Services Disclaimer
The Platform may rely on third-party providers including payment processors, banks, hosting providers, verification providers, communications providers and analytics providers.
Hiilp is not responsible for any delay, rejection, outage, freeze, decline, reversal, restriction, downtime, verification failure, payment failure or other result caused by a third-party provider.
8.4 System Availability Disclaimer
The Platform may be unavailable, interrupted, delayed or degraded due to maintenance, upgrades, network failures, infrastructure issues, cyber incidents, force majeure events, regulatory action or third-party disruption.
Hiilp does not guarantee uninterrupted or error-free access.
8.5 No Guarantee of Business Outcome
Hiilp does not guarantee any level of revenue, bookings, transactions, conversions, customer acquisition, business growth, payment approval, dispute outcome or platform performance outcome for any User.
8.6 Exclusion of Indirect Loss
To the maximum extent permitted by law, Hiilp is not liable for indirect, incidental, special, punitive or consequential loss, including loss of profits, revenue, business, opportunity, goodwill, data or anticipated savings.
8.7 Mandatory Rights
Nothing in this Disclaimer excludes, restricts or modifies any consumer guarantee, statutory protection or legal right that cannot lawfully be excluded, restricted or modified.