Welcome to Huey! 👋 Please enjoy browsing our website – we have some fantastic resources for you to use. This website (Site) is operated by Wriveted Pty Ltd trading as Huey Books and Huey the Bookbot (we, our, us or Huey). It is available at: https://www.hueybooks.com/ and https://www.hueythebookbot.com/and may be available through other addresses or channels.
Our complete terms and conditions are contained below, we have highlighted some important points:
• You are responsible and liable for the actions of your Authorised Users (these are likely to be your children, students or readers);
• Our Liability is limited (in respect of any failure by us to comply with relevant Consumer Law Rights, and at our discretion) to resupplying Huey to you or paying the cost of having Huey supplied again;
• Our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the Fees paid by you to us in respect of your Membership, or if you do not have a Membership, to $100;
• We may terminate your Account or Membership at any time by giving 30 days written notice to you; and
• We may amend these Terms, Huey’s features or your Account at any time, by providing written notice to you.
Nothing in these terms limit your rights under Australian Consumer Law.
1.1 These terms and conditions (Terms) are entered into between Wriveted Pty Ltd trading as Huey Books (ABN 44 630 065 753) (we, us, our or Huey) and you, together the Parties and each a Party.
1.2 We provide a website that hosts our software application that helps children find and read books (Huey).
1.3 In these Terms, you means the person or entity registered with us as an Account holder (Account Holder) or where you do not have an Account, the person or entity using Huey (Individual). These Terms will apply to you as an Account Holder, whether you hold an Admin Account or not, or as an Individual, as applicable.
1.4 If you are using Huey on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2. Acceptance and Huey Licence
2.1 You accept these Terms by registering an Account or using Huey.
2.2 We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use Huey after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may cancel your Membership with effect from the date of the change in these Terms by providing written notice to us, or if you are not on a Membership, you may cancel your Account in accordance with the “Cancelling Account” clause, or if you are an Individual, you may discontinue your use of Huey.
2.3 If you cancel your Membership: (a) you will no longer be able to use the paid features of Huey on and from the date of cancellation; and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
2.4 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use Huey in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.5 When using Huey, you must not do or attempt to do anything that is unlawful or inappropriate, including:
a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
b) using Huey to defame, harass, threaten, menace or offend any person, including using Huey to send unsolicited electronic messages;
c) tampering with or modifying Huey (including by transmitting viruses and using trojan horses);
d) using data mining, robots, screen scraping or similar data gathering and extraction tools on Huey; or
e) facilitating or assisting a third party to do any of the above acts.
3. Huey Services
3.1 We agree to provide you and your Authorised Users (such as your children, students or readers) with access to Huey, and any other services we agree to provide as set out in your Account.
3.2 We agree to use our best endeavours to make Huey available at all times. However, from time to time we may perform reasonable scheduled and emergency maintenance, and Huey may be unavailable during the times we are performing such maintenance.
3.3 Should you be unable to access Huey, or should you have any other questions or issuing impacting on your use and enjoyment of Huey, you must place a request via the help desk, over the phone or via email. We will endeavour to respond to any support requests in a reasonable period.
3.4 You acknowledge and agree that Huey may be reliant on, or interface with third party systems that are not provided by us (for example, cloud storage providers, library management systems, email clients, CRM systems, and internet providers) (Third Party Services). To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of Huey due to a failure of the Third Party Services.
3.5 You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into Huey, you agree to maintain a backup copy of any data you input into Huey.
3.6 To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes Huey to be unavailable.
3.7 If we are required to perform any Implementation Services to enable you to access Huey, you agree and acknowledge that:
a) you are responsible for all data security and integrity, including making any necessary back-ups of data;
b) we are not responsible for integrity of your Systems, data or making any back-ups; and
c) if requested by us, you will pay us the additional costs incurred by us in relation to the Implementation Services.
3.8 You acknowledge and agree that not undertaking your obligations under clause 3.7 may impact on the results or the performance of the Services, and we will not be liable to you for any Liability to the extent caused or contributed to by your failure to comply with clause 3.7.
4.1 You may register on Huey and create an account (Account) to access Huey.
4.2 You may create an administrative Account (Admin Account), an Authorised User Account (Authorised User Account), or a personal Account. If you have an Admin Account, each Authorised User Account will require a login that is linked to your Admin Account in order to access Huey.
4.3 You must provide basic information when registering for an Account including, as applicable, your school or library name, contact name, age and email address and you must choose a username and password.
4.4 You may also register for an Account using your Google account (Google Account). If you sign in to your Account using your Google Account, you authorise us to access certain information on your Google Account including but not limited to your current profile photo and other basic information.
4.6 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer or provide it to others.
4.7 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, and if you are an Admin Account Holder, any activity from one of your Authorised Users. If you are an Admin Account Holder, each Authorised User is responsible for keeping their login details confidential. You agree to immediately notify us of any unauthorised use of your Account.
4.8 When you create an Account, you may also select a membership (Membership). You may choose between different tiers of Membership with different services as set out on Huey.
5. Authorised Users
This clause applies only to Admin Account Holders.
5.1 If set out in your Admin Account, you may be permitted to invite a number of users to access and use Huey under your Admin Account (Authorised Users). We agree to provide you with the number of Authorised Users as set out in your Admin Account.
5.2 Your Authorised Users will have permission to access certain features of Huey and your Admin Account, as detailed in your Admin Account and you may adjust these permission settings in your Admin Account.
5.3 You will ensure that each Authorised User complies with these Terms. You are responsible and liable for the acts or omissions of your Authorised Users.
5.4 Each Authorised User must agree to these Terms in order to access Huey.
6. Changes and Cancellation
6.1 Changes to your Account: If you wish to suspend or change your Account, or varying the number of Authorised Users associated with your Admin Account, you must provide notice to us through your Account or via email that you wish to suspend or vary your Account and we agree to make your requested changes as soon as practicable at our absolute discretion.
6.2 We may need to change what is available as part of your Account (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Account, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the changes to your Account. If the changes substantially and adversely affect your enjoyment of the Account, you may cancel your Account in accordance with the ‘Cancellation of Account’ clause.
7.1 You may purchase a Membership by paying the Membership fees outlined on Huey (Fees) in advance on a recurring interval disclosed to you prior to your payment of the Fees (Billing Cycle).
7.2 Your membership will conclude at the end of your Billing Cycle unless you elect to purchase another Membership on the Platform and pay the Fees outlined on the Platform.
7.3 The payment methods we offer for the Fees are set out on the Platform. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
7.4 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third party payment processor to debit your account in accordance with these Terms and you certify that you are either an account holder or an authorised signatory on the account for which you provide details.
7.5 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
7.6 Changes to your Membership: If you wish to suspend or change your Membership (for example, by upgrading to a different Membership tier, or varying the number of Authorised Users associated with your Account), you must provide notice to us through your Account that you wish to suspend or vary your Membership. If you vary your Membership and the Fees increase, we will charge you for the increase in the Fees on a pro-rata basis for the remainder of the period until the start of the next Billing Cycle, and you will have access to the additional Membership features from the date you make such payment.
7.7 The Fees are only refundable and cancellable in accordance with your Consumer Law Rights and these Terms.
7.8 We may need to change what is available as part of your Membership (for example, the inclusions, exclusions, updated features) from time to time. If we change what is available as part of your Membership, we will provide you with at least 30 days’ notice of the change. After the notice period has lapsed, we will apply the changes to your Membership. If the changes adversely affect your enjoyment of the Membership, you may cancel your Membership with effect from the date we apply the changes to your Membership by providing written notice to us. If you cancel your membership, (a) you will no longer be able to use the Platform on and from the date of cancelation, and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
7.9 We may need to change the Fees from time to time. If we change the Fees, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the updated Fee to your Membership. If the updated Fee is not acceptable to you, you may cancel your Membership in accordance with the ‘Cancellation of Memberships’ clause
8. Our Intellectual Property
8.1 You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on Huey, the Huey software application itself, any intellectual property we develop for you as a direct result of any Implementation Services, and any algorithms or machine learning models used in connection with Huey (Our Intellectual Property) will at all times vest, or remain vested, in us.
8.2 If you are an Admin Account Holder, we authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to Authorised Users on devices that are controlled or approved by you.
8.3 If you are an Individual or Authorised User, we authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
8.4 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with Huey, including (without limitation) altering or modifying any of Our Intellectual Property, downloading Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
8.5 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
a) you do not assert that you are the owner of Our Intellectual Property;
b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
d) you comply with all other terms of these Terms.
8.6 This clause will survive the cancellation of your Account or your Membership.
9. Your Data
9.1 You own all data, information or content you upload into Huey (Your Data), as well as any data or information output from Huey using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).
9.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
a) communicate with you (including to send you information we believe may be of interest to you);
b) supply Huey to you and otherwise perform our obligations under these Terms;
c) diagnose problems with Huey;
d) enhance and otherwise modify Huey;
e) perform Analytics;
d) develop other services, provided we de-identify Your Data; and
e) as reasonably required to perform our obligations under these Terms.
9.3 You agree that you are solely responsible for all of Your Data that you make available on or through Huey. You represent and warrant that:
a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of Huey will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
9.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of Huey, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
9.5 We do not endorse or approve, and are not responsible for, any of Your Data.
9.6 You acknowledge and agree that Huey and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of Huey.
9.7 This clause will survive the cancellation of your Account or your Membership.
10.1 You represent, warrant and agree that:
a) you will not use Huey, including Our Intellectual Property, in any way that competes with our business;
b) there are no legal restrictions preventing you from entering into these Terms;
c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
d) you have not relied on any representations or warranties made by us in relation to Huey (including as to whether Huey is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
11. Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of Huey by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
11.1 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for Huey provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
11.2 Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including Huey) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
11.3 This clause will survive the cancellation of your Account or your Membership.
12.1 Despite anything to the contrary, to the maximum extent permitted by law:
a) you agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Huey Licence clause, or the Intellectual Property clause of these Terms;
b) neither Party will be liable for Consequential Loss;
c) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel (including a Party’s Authorised Users), including any failure by that Party to mitigate its losses;
d) (in respect of any failure by us to comply with relevant Consumer Law Rights) our Liability is limited (at our discretion) to resupplying Huey to you or paying the cost of having Huey supplied again; and
e) Our aggregate liability for any Liability arising from or in connection with this Agreement will be limited to the Fees paid by you to us in respect of your Membership, or if you do not have a Membership, to $100.
12.2 This clause will survive the cancellation of your Account or your Membership.
13.1 Cancellation of Account: You may request to cancel your Account at any time by notifying us via email, via ‘cancel my membership’ feature in your Account. Your cancellation will take effect immediately. If you are an Admin Account Holder, the cancellation of your Admin Account will also immediately cancel any linked Authorised User Accounts.
13.2 Cancellation of Membership: You may request to cancel your Membership at any time by notifying us via the ‘cancel my membership’ feature in your Account. Your cancellation will take effect from the end of the current Billing Cycle as set out in your Account. Following cancellation of your Membership, you will still have access to certain features in your Account.
13.3 We may, acting reasonably, terminate your Account or your Membership at any time by giving 30 days’ written notice to you (Termination for Convenience).
13.4 An Account or Membership will terminate immediately upon written notice by a Party (Non-Defaulting Party) if the other Party (Defaulting Party) breaches a material term of these Terms that breach has not been remedied within 5 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
13.5 Should we suspect that you are in breach of these Terms, we may suspend your access to Huey while we investigate the suspected breach.
13.6 Upon cancellation of your Account: (a) we will remove your access to Huey and your Account will be deleted; and (b) if you have paid Fees upfront you will be issued a pro-rata refund having regard to the date of termination and the period for which you have paid.
13.7 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
13.8 Cancellation of an Account or Membership will not affect any rights or liabilities that a Party has accrued under these Terms. This clause will survive the cancellation of your Account or your Membership.
13. 9 This clause will survive the cancellation of your Account or your Membership.
14. 1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
14.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
14.3 Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
14.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
14.5 Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
14.6 Governing law: This Agreement is governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales, Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
14.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
14.8 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
14.9 Publicity: Subject to your prior consent, you agree that we may advertise or publicise the fact that you are a user of Huey, including on our website or in our promotional material and if you are an Individual, we will seek your prior written consent.
14.10 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
14.11 Third party sites: Huey may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from Huey, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on Huey (Affiliate Link) or for featuring certain products or services on Huey. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on Huey, or which (if any) third party links are Affiliate Links.
15.1 Account means an account created by you which can be either an Admin Account or an Authorised User Account.
15.2 Account Holder means a registered holder of an Account which may include an Admin Account Holder or an Authorised User.
15.3 Admin Account means an administrative Account which has Authorised User Accounts linked to it.
15.4 Authorised User means a person who is invited by an Admin Account Holder to use Huey under an Admin Account.
15.5 Authorised User Account means an Account registered to an Authorised User and linked to an Admin Account.
15.6 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
15.7 Huey means our website that hosts our software application that helps children find and read books.
15.8 Implementation Services means any services required for the integration of your Systems with Huey as agreed between the Parties in writing.
15.9 Individual means a person or entity using Huey without an Account.
15.10 Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
15.11 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, un-ascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
15.12 Site means the websites available at: https://www.hueybooks.com/ and https://www.hueythebookbot.com/
15.13 System means all hardware, software, networks, telecommunications and other IT systems used by you from time to time, including a network.
15.14 Terms means these terms and conditions between Wriveted Pty Ltd trading as Huey Books (ABN 44 630 065 753) and you.
For any questions or notices, please contact us at:
Wriveted Pty Ltd t/a Huey Books (ABN 44 630 065 753)
Last update: 21 December 2022