Terms of Use

Effective Date: September 30, 2024

Welcome to the HEOS website (“Site”), operated by HEOS and its affiliates (“we,” “us,” or “our”). By accessing or using our Site, you agree to comply with and be bound by the following Terms of Use (“Terms”). Please read these Terms carefully before using our Site. If you do not agree to these Terms, you should not use our Site.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the new Terms.

2. Use of the Site

2.1. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use this Site. By using the Site, you represent and warrant that you meet this requirement.

2.2. Personal Use

The content and services on our Site are provided for personal, non-commercial use only. You agree not to use the Site for any commercial purposes without our express written consent.

2.3. Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations.
  • Infringe upon the rights of others, including privacy and intellectual property rights.
  • Transmit any harmful code or engage in any activity that could damage, disable, or impair the Site.
  • Attempt to gain unauthorized access to any part of the Site or its related systems or networks.
  • Use any automated means, including robots or spiders, to access or scrape data from the Site.

3. Intellectual Property Rights

3.1. Ownership

All content on the Site, including text, graphics, logos, images, videos, and software, is the property of HEOS or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

3.2. Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from the Site without our prior written permission.

4. User Content

4.1. Submissions

If you submit or post any content on the Site (“User Content”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide in any media.

4.2. Responsibility

You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to post the User Content and that it does not violate these Terms or any applicable laws.

5. Third-Party Links

Our Site may contain links to third-party websites or services that are not owned or controlled by HEOS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. Accessing third-party links is at your own risk.

6. Disclaimers

6.1. No Warranties

The Site and its content are provided on an “as-is” and “as-available” basis without any warranties of any kind, express or implied. We do not guarantee the accuracy, completeness, or usefulness of any content on the Site.

6.2. Limitation of Liability

To the fullest extent permitted by law, HEOS and its affiliates, partners, and contributors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site.

7. Indemnification

You agree to indemnify, defend, and hold harmless HEOS, its founder affiliates, and partners from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms or your use of the Site.

8. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Site at any time, without notice, for any reason, including if we believe you have violated these Terms.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. 

10. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms constitute the entire agreement between you and HEOS regarding your use of the Site and supersede any prior agreements.

12. Changes to the Terms

We may revise these Terms at any time. When we do, we will post the updated Terms on this page and update the “Effective Date” at the top. It is your responsibility to review these Terms periodically. Your continued use of the Site after any changes indicates your acceptance of the new Terms.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us via the Contact page on this site. 

By using the HEOS Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.