Hyvio is an evolutionary hybrid Video on Demand (VOD) platform, designed to facilitate new and flexible pathways for brands, business and content creators to connect and engage with their audience on multiple levels via multiple devices.

For its users Hyvio seeks to create partnerships with a range of content creators to deliver well-produced, unique and quality content that spans across a range of genres and subject matter; all through a simple, easy to navigate platform.

Be entertained, be inspired, be in control! Hyvio a better place to be.

You are more than welcome to watch any content on Hyvio as a guest, however if you would like to follow channels, subscribe to a channel's content, use our pay to view facility, join a live streaming event or make a purchase you will need to create an account.

Creating an account with Hyvio is quick and easy and FREE, click on the SIGN IN button on the right of the top navigation bar.

Follow the prompts to create your account.

We also give you the option to sign in with your Email Address or your Facebook account making accessing your favourite channels simple and fast.

If you are under the age of 18 please check with a parent or guardian and get their permission before you create an account. For more information, please refer to our Terms of Use Agreement, which you can find here.

To get the most out of your Hyvio session,we recommend you Sign In. This way you can follow new channels, keep track of what you have watched and easily share content to your friends, family and colleagues.

You will also need to be signed in, if you want to access any paid or specialty content or make a purchase.

Changing or updating your Hyvio account details is simple.

  1. Log in to your Hyvio account
  2. Go to My Hyvio
  3. Click the edit button next to the information you need to change

Following channels is FREE, you can follow any channel you like and if at any anytime you decide to unfollow that channel, click on My Hyvio in the top navigation, sign into your account, go to account settings and there you can select which channel/s you want to unfollow.

When you follow a channel, if you have selected to receive newsletters from us, sometimes we will keep you up to date with the latest news and promotions from that channel. Please check our Privacy Policy for more details.

You can unsubscribe from paid subscription content at any time by logging in to your Hyvio account, go to My Hyvio and click on Manage Subscriptions.

*Please note that for paid subscription channels, depending on your subscription - monthly or yearly, you will be unsubscribed prior to your next billed payment.

Hyvio does not offer refunds on paid subscriptions unless the channel owner fails to provide content promised in a timely manner, please see our Terms of Use for more information.

You can pay for content on Hyvio using your credit card or PayPal account, we remind users to check purchases before making them, as we are not responsible for any additional fees such as credit card surcharges or foreign transaction fees that you may incur from your bank or financial institution.

Currently all prices are charged in $AUD (Australian Dollars) Hyvio does NOT keep credit card details on file. Please read our Market Terms and Terms of Use carefully before making a purchase.

Hyvio is an online streaming VOD platform meaning we do not encourage or allow users to download our content; this helps protect our content creators and ensure their copyright is protected from misuse, piracy and that they are given the opportunity to monetise their content fairly.

Some channel owners may offer certain products in their store, which can be downloaded at a nominated fee.

We've tried to make it as easy as possible to share your favourite content with your favourite people.

Currently Hyvio allows sharing via:

  • Facebook
  • Twitter
  • Email

Simply click the icon of the social platform you want to share the video on. You will find these icons on the left hand side of the screen under Share Me.

*Please note content that is restricted by pay to view or is part of subscribed content is not shareable and each video is at the content owner's discretion on share-ability. Content could also be GEO blocked at the channel owner's request.

Hyvio has made every effort to ensure you can watch our content anywhere from any device.

Your desktop, laptop, tablet, smart phone and in some cases your Smart TV - please check your individual device for details.

*Please note, Hyvio is not responsible for costs incurred for using our service, please check your local Internet provider or phone carrier for data charges.

If you would like to have your own Hyvio channel please contact us at channels@hyvio.com or click here

Setting up a Hyvio channel is free, for an application or more information on the application process, please contact us at channels@hyvio.com

Hyvio supports most major browsers, we recommend that you are using the latest version, to ensure your viewing experience is at its best.

Some of our videos will be streamed using Adobe Flash Player https://get.adobe.com/flashplayer/otherversions/, having the latest version of this plug in will help ensure you get the best viewing experience.

Please refer to the help section of your browser for further details.

Please refer to the 'help section' of your browser for instructions on how to do this.

Try checking another site, if you are still having connection issues, you may want to check your network settings or get in touch with your network administrator.

When you play a video through the iOS app, it automatically adjusts the quality of your video stream based on the speed of your Wi-Fi or internet connection.

If you're having trouble watching a video via your mobile browser try these tips, which can often be quick fixes for the most common issues.

  1. Close all apps - sometimes low memory or lots of apps being open at the same time can affect things like buffering speed.
  2. Restart your device
  3. Clear cache and cookies (please refer to your device manual or browser for information on how to do this)

For more information on other mobile operating systems, please refer to the instruction manual for that device.

You could also try the following; Try a different browser and ensure you have the latest system updates on your phone or tablet.

If you are experiencing poor video quality, slow buffering or load times or choppy playback there could be a number of reasons why this happening…

It could be issues with your hardware, software or software settings, the way you are connected to the internet (Wi-Fi or cable), your ISP (Internet Service Provider), the number of connected users or devices on your connection, if you have exceeded your data quota or an issue with the video itself.

Please run through our basic check list below that includes some tips and tricks on how to solve the most common playback issues, if you are still experiencing difficulties please contact us at help@hyvio.com

Are you using the latest version? Try refreshing your browser window to reload the current page. Close all other tabs and windows in the browser as this can often make a difference to the quality and speed at which you can watch video content.

Some of our videos will be streamed using Adobe Flash Player https://get.adobe.com/flashplayer/otherversions/, having the latest version of this plug in will help ensure you get the best viewing experience.

If you are under the age of 18 please check with a parent or guardian and get their permission before you create an account. For more information, please refer to our Terms of Use Agreement, which you can find here.

Some of our channels will offer subscription-based content, this is content you can purchase to watch.

Each channel will have different subscription offerings and price points, please read the Terms of Use before making a purchase.

If you are under the age of 18 please get permission from a parent or guardian before making a purchase.

You can pay for content on Hyvio using your credit card or PayPal account, we remind users to check purchases before making them, as we are not responsible for any additional fees such as credit card surcharges or foreign transaction fees that you may incur from your bank or financial institution.

Currently all prices are charged in $AUD (Australian Dollars) Hyvio does NOT keep credit card details on file. Please read our Market Terms and Terms of Use carefully before making a purchase.

Our custom carousel system makes it easy to flick through our latest offerings, new channels and makes episodes from your favourite channels easy to watch and find.

With a scroll of a mouse or flick of a finger you can get to what you want to watch quicker.

Still can't find what you're looking for? Go to the search box in the top right hand corner of the site to find what you want to watch.

1. HYVIO

This service is made available and accessible on a number of platforms including the Internet and related mobile and connected applications (the "Service") and is owned and operated by Sodalite Media Pty Ltd (ACN 606 874 051) trading as Hyvio ("Hyvio", "we", "us", "our").

2. USE AND ACCEPTANCE

You may only access and use the Service if you agree with and comply with these terms of use ("Terms of Use"), the Privacy Policy and the Market Terms (together the "Terms and Conditions").

Please read the Terms and Conditions carefully before using the Service. By using the Service you agree to the Terms and Conditions which form a binding agreement between you and us. 
If there is any conflict between these Terms of Use and the Market Terms, the latter terms will apply to the sale and purchase of goods and services. 
We reserve the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.

3. AGE REQUIREMENT, PARENTAL CONSENT AND CONTENT WARNING

Age Requirement 
Users of the Service must be at least 13 years old. If you are at least 13, you must obtain your parent or legal guardian's permission to use the Service. Please ask him or her to read the Terms and Conditions and approve your use of the Service. 
There are separate age requirements in relation to use of the Market as set out in the Market Terms.

Parental Consent 
By granting you permission to use the Service, a parent or guardian agrees to the Terms and Conditions on behalf of you and the parent or guardian is responsible for monitoring and supervising your use of the Service. If a parent or guardian has questions about whether the Service is appropriate, please review our Frequently Asked Questions or contact us at support@hyvio.com.

Content Warning 
Even if you are old enough to use the Service and/or have your parent or guardian's permission, some of the content available on the Service may not be appropriate for you. Some content may be identified as material which is not suitable for viewers under the age of 15 or 18, which could include nudity, profanity, and or mature subject matter. If you are under 15 or 18 (whichever is relevant), please do not view such content.

4. CHANNELS AND CHANNEL OWNERS

We are always on the look out for new channels and unique content for the Service. The Service will constantly change over time and we have no obligation to provide or continue provide particular genres of content.

If you would like to have your own channel on the Service for your original content, please contact us at or click here for more information on how to apply. If we agree to accept you as channel owner ("Channel Owner"), you will also be required to enter into a channel owner agreement with us ("Channel Owner Agreement ").

5. YOUR HYVIO ACCOUNT

Registration 
To enjoy the full experience of the Service, we encourage you to register as a member by providing a user name, password, and valid email address. We may also ask you additional questions about your interests, age and country of residence solely to provide a more customised service. Please provide us with complete and accurate registration information and change your account settings or notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. Registration for this account type is FREE and does not include access to any subscription or pay per view content on the Service which is offered and sold by Channel Owners in accordance with the Market Terms. You may sign up to the Service using your Facebook account.

User Name 
We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right or trademark, or a name that is obscene or otherwise objectionable.

Account Security 
Please understand that you are responsible for ALL activity that occurs under your account, including any activity by unauthorized users. Do not allow others to use your account. Please safeguard the confidentiality of your password. If you are using a computer that others have access to, make sure you always log out of your account after using the Service. If you become aware of unauthorized access to your account, please change your password and notify us immediately of the issue. You are responsible for any loss or claims arising from misuse of your account.

6. TECHNICAL REQUIREMENTS

You must provide and are responsible for all costs of all equipment, devices, software and mobile or internet connectivity required to access the Service, including data usage costs.

7. NOTICES, SUPPORT CONTACT AND COMPLAINTS

(a) You consent to receive all communications including notices, agreements, disclosures, or other information from Hyvio electronically. Hyvio may provide these notices or communications by email or by posting them on the Service.

(b) For support-related inquiries, you may contact us. You may send notices of a legal nature to Hyvio at legal@hyvio.com or the following address:

Sodalite Media Pty Ltd trading as Hyvio 
PO Box 315 
Rose Bay 
2029, NSW, Australia 
Attention: Legal

Nothing herein shall limit Hyvio's right to object to subpoenas, claims, or other demands.

(c) If you believe that any material or content on the Service violates any copyright or similar right which you own or control, you may send a written notification of such infringement to legal@hyvio.com.

(d) The copyright infringement notification must consist of a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

Updated: 1st November 2016

1. HYVIO MARKET

These terms and conditions ("Market Terms") are to be read in conjunction with the Terms of Use , Privacy Policy and, if you are a Channel Owner, the Channel Owner Agreement between you and Sodalite Media Pty Ltd (ACN 606 874 051) trading as Hyvio ("Hyvio", "we", "us", "our").

Our Service includes a market platform for Channel Owners ("Sellers") to sell goods and services to users of the Service ("Buyers") including:

(a) access to subscription content, pay-per-view content and paid download content made available through the Service;

(b) goods and services which the Seller will sell through the service but which will be delivered by the Seller outside of the Service ("the Market").

These Market Terms set out the terms and conditions upon which Sellers may sell and Buyers may buy goods and services.

Where the Market Terms refer to "you" or "your", they refer to both Sellers and Buyers.

2. USE AND ACCEPTANCE

Please read the Market Terms carefully before using the Market. By using the Market you agree to these Market Terms which form a binding agreement between you and us.

We reserve the right to amend, update, change or delete portions of the Market Terms at any time without prior notice and you should review the Market Terms from time to time to ensure you are familiar with your obligations.

3. AGE REQUIREMENT

Users of the Market must be at least 18 years old if based in Australia or the age of majority if based in a territory outside Australia.

4. RELATIONSHIP BETWEEN SELLERS AND BUYERS

When you enter into a transaction you create a legally binding contract with another user, whether as a Buyer or Seller. You must ensure that you comply with your obligations to that other user of the Market and are aware of any terms and conditions or laws relevant to you as a Buyer or Seller.

If another user of the Market breaches any obligation to you, you alone - not Hyvio - are solely responsible for enforcing any rights that you may have against that user including circumstances where a Channel Owner does not provide the content it has offered to provide as part of a subscription service.

You alone, and not Hyvio, are responsible for ensuring that your listing, purchasing and selling and any other activities conducted on the Market are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you comply with this Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the Seller to the Buyer.

A Buyer must also review and agree to the Seller's terms and conditions of sale which a Seller lists on in relation to its goods and services before buying such goods and services.

5. PROHIBITED GOODS AND SERVICES GUIDELINES

You must comply with the Prohibited Goods and Services Guidelines ("the Guidelines").

We may take action (including legal action) against any person who, in our determination, engages in any prohibited activity on or through the Market including non-compliance with the Guidelines. We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.

6. YOUR HYVIO ACCOUNT FOR USE OF THE MARKET

Registration

To participate on the Market, you must register as a member by providing a user name, password, and valid email address. We may also ask you additional questions about your interests, age and country of residence solely to provide a more customised service. Please provide us with complete and accurate registration information and change your account settings or notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

User Name

We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right or trademark, or a name that is obscene or otherwise objectionable.

Account Security

Please understand that you are responsible for ALL activity that occurs under your account, including any activity by unauthorized users. Do not allow others to use your account. Please safeguard the confidentiality of your password. If you are using a computer that others have access to, make sure you always log out of your account after using the Market. If you become aware of unauthorized access to your account, please change your password and notify us immediately of the issue. You are responsible for any loss or claims arising from misuse of your account.

Closing an Account

You may close your account subject to you

(a) not having any outstanding items listed on the Market;

(b) resolving any outstanding matters including suspension or restriction on your account as a Buyer or Seller; and

(c) paying all outstanding fees owing on your account.

7. PRICING, PAYMENT, BILLING AND TAX

Pricing and GST

Sellers will set the prices of their goods and services, including content services. Hyvio does not determine the pricing of Channel Owners' goods and services. Hyvio will issue invoices on behalf of Sellers.

A Seller's listed prices must be inclusive of GST, VAT and other taxes. Sellers who are required to charge GST for their products and services must not add an additional amount on top of the selling price on account of GST. The price is considered inclusive of GST.

Payment

Payment for goods and services sold must be made through your account and may be made by Visa, MasterCard, American Express and PayPal. Hyvio does not store any Buyer credit card details.

We may request - and you hereby authorise such request - that PayPal restrict access to funds in a Seller's PayPal account regarding particular issues such as selling history, Seller performance, returns, risk associated with product category or the commencement of legal proceedings. You acknowledge and agree that this may result in PayPal determining to restrict funds in a Seller's PayPal account.

Billing

When you register to use the Market, you authorize us on behalf of Channel Owners to bill your payment method on file at our then-current fee plus any applicable taxes or fees for as long as you remain a subscriber.

You will be charged in Australian dollars (AUD) and we do not take any responsibility for any additional currency conversion, credit card or transaction fees you may incur from your financial institution.

We reserve the right to change our fee/s at any time, but no price change will go into effect until we have given you notice of the change.

Where you purchase a subscription content service from a Channel Owner which gives you access to a service for a period of time, your billing date will depend on when you sign up for subscription service, and you will be billed based on that date (or the closest business day). Your billing date may change due to changes in your subscription.

If we are unable to charge your billing method for any reason, such as an expired credit card or insufficient funds, we may continue trying to bill your payment method. Your billing date may change if your payment method settles after your originally scheduled billing date. If we are unable to charge your payment method, we may, in our discretion, choose to deactivate, suspend or cancel your account. If this happens, we will contact you to advise. To ensure that a subscription service continues uninterrupted, please make sure your payment method on file is valid and up to date.

We may charge you a reasonable fee if your billing details are incorrect or if there are insufficient funds in your account.

Cancellations and Refunds

To protect Sellers, if you purchase an annual subscription on one of our channels, you will have twenty fours (24) hours after your purchase to cancel and receive a refund. All refunds will be net of any costs incurred in the refunding of monies including, without limitation, credit card costs, commissions and exchange rate variations.

Users who purchase monthly subscriptions will have twenty four (24) hours after purchase to cancel and receive a full refund. After the cancelation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by Hyvio. If your account is terminated due to your breach of the Market Terms during the relevant cancelation period, you will not be refunded. If you have questions, please contact us.

Renewals of Subscriptions

Subject to the Market Terms, you may choose to renew your subscription at the end of a subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. Channel Owners reserve the right to deny subscriptions, renewals, and other purchases for any reason.

End of Subscription

When a channel subscription ends, your Hyvio account will remain active and you will no longer have access to the subscribed service from the Channel Owner.

Tax

You are responsible for paying all fees and applicable taxes associated with your transactions on the Market. It is a Seller's obligation to ensure that they are meeting all obligations with respect to GST

8. FREE TRIALS, PROMOTIONAL CODES AND GIFT SUBSCRIPTIONS

Some Channel Owners may offer you a free trial period during which you can enjoy their paid content services on the Service without payment but they reserve the right to determine your eligibility for these trials and to withdraw or modify these free trials at any time.

Channel Owners agree not charge you during a free trial period (other than the temporary account authorization - see Billing.

However, if you do not cancel your subscription before the end of your free trial period, they have the right to automatically begin charging you for their paid services on the first day following the end of your trial. Please cancel your subscription during your free trial period if you do not want this to happen.

Hyvio, Channel Owners, advertisers or promotional partners may offer promotional codes and/or gift subscriptions to some of the content services for certain time periods. If you are accessing the content services using one of these codes and/or gift subscriptions, any separate set of terms and conditions presented to you along with these codes and/or gift subscriptions may also.

9. DELIVERY AND FULFILMENT

(a) Subject to clause 9(b), Sellers and not Hyvio are solely responsible for all delivery of goods and services sold to Buyers on the Market including physical products.

(b) Hyvio will provide the digital platform which enables Channel Providers to deliver paid content streaming services and downloads to Buyers via the Service.

10. USE OF THE MARKET

You must provide and are responsible for all costs of all equipment, devices, software and mobile or internet connectivity required to access the Market, including data usage costs.

When using the Market, you are non-exclusively permitted to view content for personal, non-commercial use only subject to any payment obligations you may have in relation to accessing subscription or pay per view content.

This permission is personal to you and may not be assigned or sub-licensed by you to any third party. You may not reverse engineer, disassemble, create derivative works, distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the software, data or content on the Service or Market, or make any commercial use of the Service, without the prior written permission of Hyvio.

If you are a Channel Owner, the Channel Owner Agreement also applies to your supply of content for use on the Service and sale of goods and services on the Market.

From time to time, Hyvio may have to collect personal information about you in order for you to use the Market. Please refer to the Privacy Policy for information on how Hyvio collects, stores, uses and discloses personal information.

11. NOTICES, SUPPORT CONTACT AND COMPLAINTS

(a) You consent to receive all communications including notices, agreements, disclosures, or other information from Hyvio electronically. Hyvio may provide these notices or communications by email or by posting them on the Market.

(b) For support-related inquiries, you may contact us. You may send notices of a legal nature to Hyvio at legal@hyvio.com or the following address:

Sodalite Media Pty Ltd trading as Hyvio
PO Box 315
Rose Bay
2029, NSW, Australia
Attention: Legal

Nothing herein shall limit Hyvio's right to object to subpoenas, claims, or other demands.

(c) If you believe that any material or content on the Market violates any copyright or similar right which you own or control, you may send a written notification of such infringement to legal@hyvio.com.

(d) The copyright infringement notification must consist of a written communication that includes the following:

  (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

  (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

  (v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(e) If you believe that any material on the Service infringes any law or the right of any person in respect of matters other than copyright, you may send a written notification of such infringement to legal@hyvio.com outlining the nature of the complaint, identifying the material that is claimed to be infringing and information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.

12. TRADE MARKS

You must not use any of our trade marks (including the "Hyvio" trade mark) without our prior written approval.

13. MARKET AND CHANNEL CONTENT

We take no responsibility for monitoring the Market for inappropriate material or conduct. We assume no responsibility for the material, no obligation to modify or remove any inappropriate material, and no responsibility for the conduct of any user submitting such material.

The opinions expressed by Channel Owners solely reflect the opinions of the individuals who submitted such opinions and do not reflect the opinions of Hyvio. We are not responsible for the accuracy of information provided by users. Under no circumstances will Hyvio, its employees, officers, directors, shareholders, agents, representatives, or affiliates be liable for any loss or damage caused by your reliance on or use of any material provided by Channel Owners.

14. THIRD PARTY SERVICES

The Market may be provided through third-party platforms, or interact with or include third-party applications, websites, widgets, software and other services (together "Third-Party Services"). Third-Party Services may be anything from advertisements and promotional offers from third parties to third-party links or applications included in the Service or the Market. You understand and agree that Hyvio is not responsible or liable for the behaviour, availability, features or content of any Third-Party Service. These Third-Party Services are not owned or controlled by Hyvio and they are owned by third parties unrelated to Hyvio. Your use of these Third-Party Services is at your own risk and subject to the separate terms of use of these Third-Party Services which you agree to when using such services.

15. NO UNSOLICITED EMAIL OR SPAM

The Spam Act 2003 prohibits the sending of Spam. "Spam" is an unsolicited commercial electronic message sent without the consent of the person who receives the message via email, SMS, MMS, instant messaging or similar technologies.

You must not use the Market to transmit, directly or indirectly, Spam or bulk communications that include Spam, including by posting any unsolicited commercial message within the Market.

If you use any feature of the Market for the purpose of sending Spam, we reserve the right to immediately terminate your account or access to the Market and to seek appropriate legal recourse, as necessary.

16. NO UNSOLICITED EMAIL OR SPAM

Term

The Market Terms are effective from the date you first use the Market and continue as long as you use the Market or until we terminate them.

Termination

Hyvio may suspend, disable, or delete your account (or any part thereof) and/or your access to the Market if Hyvio determines that you have breached any provision of this Agreement or that your conduct could damage Hyvio's reputation and goodwill. If Hyvio deletes your account for the foregoing reasons, you may not re-register for the Market. Hyvio may block your email address and IP address to prevent further registration.

Effect of Termination/Account Deletion

Upon termination, all licenses and usage rights granted by Hyvio will terminate.

17. LIMITATION OF LIABILITY AND RELEASE

You accept that there are risks when buying and selling online and using the Market. You will not hold us responsible for other users' content, actions, omissions or inactions and items they list or offer for sale. You acknowledge that we are not an auctioneer.

The Market allows Sellers to offer and sell their goods and services and for Buyers to purchase them. Other than providing the Market platform and payment function, we are not involved in the actual transaction between Buyers and Sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items or that a Buyer or Seller will actually complete a transaction or return an item.

We do not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However we do exclude all other rights, remedies, conditions, and warranties in respect of the Service which may be excluded under law, custom or statute.

To the maximum extent permitted by law, our liability in respect of any goods or services purchased from or through the Market which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to us for that good or service.

We will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access the Market, even if we have been advised of the possibility of such damages or losses.

If you have a dispute with one or more users of the Market, you release Hyvio (and our officers, directors, agents, contractors, related bodies corporate and subsidiaries) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

18. DISCLAIMER

The Market is provided as-is and as available. Subject to clause 17, we make no warranties of any kind, express or implied, about the Service, or the goods and services provided through the Service, including but not limited to any warranties:

(a) about the accuracy and reliability of the material posted on the Market;

(b) that your access to the Market or the material on the Market will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.

We are not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of the Market.

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. We are not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on the Market. We also expressly disclaims any warranty of fitness for a particular purpose.

We reserve the right to modify, suspend, or terminate operation of or access to the Market and to interrupt the operation of the Market or any portion of the Market as necessary to perform maintenance at any time, for any reason and without notice.

19. INDEMNITY

You indemnify us, our related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:

(a) any breach or alleged breach by you of these Market Terms;

(b) your use of the Market; and

(c) any violation of any law or the rights of any third party.

20. NO AGENCY

We are not your agent for any purpose in relation to the Market Terms or your use of the Market.

21. WAIVER

Our failure to exercise or enforce any one or more of its rights under these Market Terms will not constitute a waiver of its rights.

22. ENTIRE AGREEMENT

The Market Terms constitute the entire agreement between you and us regarding your use of the Market, superseding any prior agreements between you and us relating to your use of the Market.

23. SEVERABILITY

If any part of these Market Terms are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Market Terms will not be affected and these Market Terms will be read as if the part had been deleted in that jurisdiction only.

24. RIGHTS AND REMEDIES CUMULATIVE

Our rights and remedies are cumulative and none of them limits any other remedy or right of Hyvio. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.

25. ASSIGNMENT

We may assign its rights under these Market Terms in whole or in part to any other person in our absolute discretion.

26. GOVERNING LAW

These Market Terms will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.

Last Updated: November 1st 2016

Please send all press and media enquires regarding Hyvio or any of our channels to info@hyvio.com or simply fill out the form below:

This Privacy Policy sets out the approach that the Sodalite Media Pty Ltd ACN 606 874 051 Trading As Hyvio and its Related Bodies Corporate (together Hyvio) will take in relation to the treatment of personal information. It includes information on how Hyvio collects, uses, discloses and keeps secure individuals' personal information. It also covers how Hyvio makes the personal information it holds available for access to and correction by the individual. This policy has been drafted having regard to Hyvio's obligations under the Telecommunications Act 1997 and the Privacy Act 1988 as amended from time to time (including the National Privacy Principles or Australian Privacy Principles as applicable) (the Privacy Act). For the purposes of this Privacy Policy, "personal information" has the same meaning as given in the Privacy Act.

1. COLLECTION

1.1 Hyvio will only collect personal information where Hyvio considers that the information is necessary for Hyvio to perform one or more of its functions or activities. In this context, "collect" means to gather, acquire or obtain by any means information for the purpose of recording it.

1.2 Hyvio collects Personal information primarily to: supply customers with the products and services ordered from it and related companies. Hyvio also collects and uses Personal information for secondary purposes, including:

(i) supply advertising funded free content to users of Hyvio's service;

(ii) supply customers with the products and services ordered from it and related companies;

(iii) provide a market platform on which channel owners may sell products and services (including content services) to users of Hyvio's service (respectively called Sellers and Buyers in the Market Terms );

Hyvio also collects and uses personal information for secondary purposes, including:

(iv) billing and account management;

(vi) to provide individuals with information about promotions, as well as additional products and services, and the products and services of other Hyvio companies and other organisations; and

(vii) research and reporting in connection with users use of Hyvio's services and transactions relating to Hyvio's services.

The type of information collected will depend on the goods or services Hyvio is asked to provide, and may include, without limitation, names, addresses, telephone numbers, email addresses, gender, date of birth, age-group, personal interests and records of your correspondence with us. Hyvio will collect such information if you elect to create a Hyvio Account.

Other examples of when Hyvio may collect personal information are:

  • when an individual completes the 'mandatory fields', which will enable your specific request to be processed; and
  • When a purchase is made via Hyvio

Hyvio may collect data relating to internet traffic activity undertaken via its products and services using tracking technologies such as cookies. Hyvio generally uses this information to report statistics, analyse trends, administer its services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information, the Privacy Act does not apply and Hyvio may use this information for any purpose and by any means whatsoever. To the extent that such information does constitute personal information, Hyvio will store and disclose that information in accordance with this privacy policy.

1.3 From time to time, Hyvio may also receive information relating to you that we have not requested (Unsolicited Information). In the event that Hyvio does receive Unsolicited Information, we will check whether it is reasonably necessary for us to keep it. If it is, we will treat the Unsolicited Information in the same way as other personal information that we requested you provide to us. If Hyvio determines that it is not reasonably necessary for us to keep it, we will, as soon as practicable, destroy or de-identify the relevant Unsolicited Information.

1.4 Unless it is obvious in the circumstances, Hyvio will notify individuals (including, but not limited to, our users) of the matters listed below, amongst other things, before collecting any personal information:

(i) the main reason that we are collecting Personal information (this reason will be the Primary Purpose);

(ii) other related uses or disclosures that we may make of the Personal information (Secondary Purposes);

(iii) our identity and how individuals can contact us;

(iv) that individuals can access the personal information that Hyvio holds about them;

(v) that individuals should contact us (even if they are not a customer) if they wish to access or correct personal information collected by us, or have any concerns in relation to personal information;

(vi) where applicable, any law that requires the personal information to be collected (for example, information that is required to be collected for the Integrated Public Number Database, which is used by directory publishers);

(vii) the consequences (if any) for the individual if all or part of the personal information is not provided to Hyvio ;

(viii) if Hyvio is likely to disclose the personal information to overseas recipients,

the information listed above is collectively the Collection Information.

1.5 Hyvio will use reasonable endeavours to provide you with the Collection Information when it receives Unsolicited Information.

1.6 Where it is not practicable for Hyvio to notify individuals of all of the Collection Information before the collection of personal information, Hyvio will ensure that individuals are notified of the Collection Information as soon as possible after the collection. Hyvio will provide "post collection notification" in those circumstances where it is not practicable to notify individuals about the collection of their personal information before it is collected.

1.7 Hyvio will not collect Sensitive Information from individuals except with consent and only where it is necessary for Hyvio to collect such information for an activity or function.

1.8 Hyvio will only collect personal information via lawful and fair means.

1.9 While Hyvio endeavours to collect personal information from the individual involved, in some instances it may also receive personal information from third parties.

In the unlikely event where Hyvio receives, (and retains) or uses personal information from third parties, it will attempt to contact the individual and advise that it holds this information.

2. STORAGE AND USE

2.1 Hyvio may hold your personal information in electronic or hard copy form or both. Unless we are required by law or court or tribunal order to retain your personal information, we will take reasonable steps to destroy or de-identify it once we no longer need it.

2.2 From time to time, Hyvio may also need to transfer your information overseas. For example, we may store your personal information in a cloud, or other type of networking electronic storage which is based in a jurisdiction outside Australia. If we do this, Hyvio will ensure reasonable steps are taken so that the overseas recipient does not breach the Privacy Act or the Australian Privacy Principles in relation to that information, or adheres to laws substantially similar to Australian privacy laws. Hyvio will also take reasonable steps to prevent unauthorised access and reduce the risk of disclosure to unknown entities.

2.3 Hyvio will obtain an individual's consent for use of non-sensitive personal information for Secondary Purposes at the time of collection, unless the use is a related Secondary Purpose that would be within the relevant individual's reasonable expectations.

2.4 Hyvio uses personal information primarily for the purposes listed in 1.2 above.

2.5 Where personal information (other than sensitive information) is used for Direct Marketing, you can opt out of receiving this information at any time by notifying us.

2.6 Hyvio will not use Sensitive Information for Direct Marketing except with consent.

2.7 Hyvio may otherwise use your personal information as permitted by law. For example, if we are legally required to do so (such as pursuant to a court or tribunal order or under taxation laws), if there is a serious threat to an individual's health or safety, there is reasonable suspicion of unlawful activity, for the conduct of surveillance and intelligence gathering by an enforcement body, or to assist in locating a missing person.

2.8 Hyvio will not use personal information without taking reasonable steps to ensure that the information is accurate, complete and up to date.

3. DISCLOSURE

3.1 Hyvio may disclose personal information to related or unrelated third parties if consent has been obtained from the individual or it is otherwise permitted to do so by law. For example, Hyvio may disclose personal information to law enforcement agencies, government agencies, courts or external advisers or to avoid an imminent threat to a person's life or to public safety.

3.2 Hyvio may disclose personal information between Related Bodies Corporate. Where information is disclosed to such a Related Body Corporate, that Related Body Corporate is bound by the original Primary Purpose for which the information was collected.

3.3 Hyvio may disclose personal information to unrelated third parties to enable outsourcing of functions (such as billing), where that is disclosure or use for a related secondary purpose and individuals have been notified, or where such disclosure is within the individual's reasonable expectations. Individuals will be notified of Hyvio 's usual disclosures via the Collection Information.

3.4 Hyvio will take all reasonable steps to ensure that its contracts with third parties include requirements for third parties to comply with the use and disclosure requirements of the Privacy Act.

3.5 If a disclosure is not for a Primary Purpose; is not for a related Secondary Purpose; or upfront consent has not been obtained, Hyvio will not disclose personal information otherwise than in accordance with the exceptions set out in paragraph 3.1 above.

3.6 Hyvio does not generally sell or share its customer lists on a commercial basis with third parties but if it did, it would only do so if it had the appropriate consent of the individual involved. If the consent provided is conditional, Hyvio will take steps to ensure (by contract) that the use of its customer list by third parties does not exceed the scope of the consent.

4. INFORMATION QUALITY

4.1 Hyvio will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.

4.2 Hyvio will take reasonable steps ensure that your personal information we hold about you is accurate, up-to-date and complete.

5. INFORMATION SECURITY

5.1 Hyvio has physical, electronic and procedural safeguards for personal information and takes reasonable steps to ensure that personal information is protected.

5.2 Electronic records are stored within our electronic database that requires passwords for access.

5.3 Paper records are stored within secure premises. Externally, the premises have several barriers to unauthorised entry, including secured entry and monitored alarms. Internally, steps are taken to ensure access to personal information is limited, including filing in a locked cabinet within a secured office.

5.4 Hyvio requires employees and contractors to perform their duties in a manner that is consistent with Hyvio 's legal responsibilities in relation to privacy.

5.5 Hyvio will take all reasonable steps to ensure that paper and electronic records containing personal information are stored in facilities that are only accessible by people within Hyvio who have a genuine "need to know" as well as a "right to know".

6. ACCESS AND CORRECTION

6.1 Hyvio will allow its records containing Personal information to be accessed by the individual concerned in accordance with the Privacy Act.

6.2 Hyvio will correct its records containing personal information as soon as practically possible, at the request of the individual concerned in accordance with the Privacy Act. If we are unable to correct your personal information, we will, within a reasonable period, provide you with a written notice setting out the reason why we cannot correct your personal information and the complaint mechanisms open to you.

6.3 Individuals wishing to lodge a request to access and/or correct their personal information should do so by contacting Hyvio, as per the details on the website. While some requests for access may be handled by Customer Service, it may be necessary for your request to be escalated to the Hyvio Customer Relations Group.

6.4 Hyvio will not normally charge a fee for processing an access request unless the request is complex or is resource intensive. Hyvio does, however, reserve the right to charge a $25.00 administration fee if an individual requests access to their personal information more than once in a three-month period.

6.5 Where Hyvio offers on-line account management facilities, customers can use this capability to control aspects of their account, including amending or updating certain Personal information.

7. OPENNESS AND COMPLAINTS

7.1 Hyvio's Customer Service representatives will be the first point of contact for inquiries about privacy issues. Individuals wishing to make an inquiry or complaint regarding privacy should do so by contacting Hyvio via legal@hyvio.com on our website. (http://www.hyvio.com)

7.2 Privacy complaints will be managed in accordance with Hyvio 's Complaint Handling Policy, which complies with the C628:2007 Telecommunications Consumer Protections Industry Code (as amended from time to time).

7.3 Hyvio websites will contain a prominently displayed privacy statement and will include a copy of this Privacy Policy.

7.4 You may also lodge privacy complaints with the Federal Privacy Commissioner. For more details on how to do this, please visit http://www.privacy.gov.au

8. ANONYMOUS TRANSACTIONS

8.1 Hyvio will not make it mandatory for visitors to its web sites to provide personal information unless such personal information is required to answer an inquiry or provide a service. Hyvio may, however, request visitors to provide personal information voluntarily to Hyvio (for example, as part of a competition or questionnaire). Where you are updating your account or making a purchase, the provision of some personal information will be mandatory.

8.2 Hyvio will allow its customers to transact with it anonymously or use a pseudonym wherever that is reasonable and practicable.

9. ONLINE PRIVACY CONSIDERATIONS

Other matters that you should consider in relation to your personal information online are set out below.

i. Social Media. Our website may contain links to online forums such as Facebook and Twitter. Think carefully before you post or publish any personal information in these forums as it will be publicly available.

ii. Links to other websites. Sometimes our website contains links to third party websites, for further information about a venue or event. We recommend that you review the privacy policies of each site you visit because Hyvio is not responsible for privacy practices of that site

10. CHANNEL OWNERS' OBLIGATIONS

If you are a channel owner which makes available products and services for sale on the Hyvio service, you will:

(i) provide a privacy policy setting out how you collect, use, disclose and keep secure individuals' personal information; and

(ii) comply with the Privacy Act and equivalent laws in the territory of your residence, incorporation or operation in respect of the use of personal information of Buyers (as defined in the Market Terms ).

11. GLOSSARY

Direct Marketing means the marketing of goods or services through means of communication, including written, verbal or electronic means. The goods or services that are marketed may be those of Hyvio or a Related Body Corporate, or those of an independent third-party organisation.

Related Body Corporate means that where a body corporate is:

(a) a holding company of another body corporate;

(b) a subsidiary of another body corporate; or

(c) a subsidiary of a holding company of another body corporate,

(d) the first mentioned body corporate and the other body corporate are deemed to be related to each other.

Sensitive Information means:

(a) information or an opinion about an individual's:

(i) racial or ethnic origin; or

(ii) political opinions; or

(iii) membership of a political association; or

(iv) religious beliefs or affiliations; or

(v) philosophical beliefs; or

(vi) membership of a professional or trade association; or

(vii) membership of a trade union; or

(viii) sexual preferences or practices; or

(ix) criminal record that is also personal information; or

(x) health

"Use" means the handling of personal information within Hyvio.

Got questions or queries about Hyvio? Simply fill out the form below or email us at info@hyvio.com.


HYVIO
Email: info@hyvio.com 

ACN: 606 874 051 
ABN: 90 606 874 051