THE HATCH APP User Terms and Conditions (“Terms/Agreement”)

Introduction

Welcome to The Hatch App! These are the Terms that you will agree to when using The Hatch App platform.

The Hatch App is a platform that offers an online and offline venue that enables users to publish, offer, search for, and book experiences (the supplier listings of any tour, activity, hospitality, wellness, or any other relevant providers of experiences). The Hatch App also allows users to explore other users on hatch and create a chat, or video, or voice note link between two users should they both show interest in each other as well as a shared experience, which in turn allows both users to book the relevant experience (collectively referred to as ‘Users’)  

You must register an account to access and use the Hatch App and must keep your account information accurate. the Hatch App is not a party to the contracts concluded directly between Users and we are not acting as an agent in any capacity for any User or third-party.

We maintain other terms and policies that supplement these Terms, like our Privacy Policy, which describes our collection and use of personal data.

Content

the Hatch App allows you to interact with other Users, match with other Users, post, link, store, share and otherwise make available certain information, text, graphics, videos, voice-notes, location information, or other material ("Content"). You are solely responsible for the Content that you post or send to other Users on the Hatch App, including its legality, reliability, and appropriateness.

You retain any and all of your rights to any Content you submit, post or display on or through the Hatch App and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) and you grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Hatch App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Hatch App and for any activities or actions under your password, whether your password is with the Hatch App or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Fees

the Hatch App is currently a free platform and there are no subscription fees applicable (but you may incur your standard network data costs when using the Hatch App). We may start charging monthly subscription fees for premium features in the future but we will be sure to inform you in advance of any such subscription fees.

Email Communications

When you create an account with us, you are opted-in to email communications such as new offers, product updates, announcements and other content that may be of interest to you.

You can unsubscribe from these communications at any time via links in every marketing email. For more information on how to unsubscribe, our privacy practices, and how we are committed to protecting and respecting your privacy, please review our Privacy Policy.

The Hatch's App Role

We offer a platform that enables Users to publish, offer, search for, and book experiences. While we work hard to ensure our Users have great experiences, we do not and cannot control the conduct of experience providers or suppliers. You acknowledge that Hatch App has the right, but does not have any obligation, to monitor the use of the Hatch App platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Hatch App platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing experiences that don’t meet quality and eligibility criteria.

Booking an Experience

When you book an experience, whether on the Hatch App platform or through an experience provider or third-party supplier, you are agreeing to pay all charges for your experience including all applicable fees, like the Hatch App’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Price”). When you receive the booking confirmation of the experience, a contract is formed directly between you and the provider of the experience. The cancellation policy and any other rules, standards, policies, or requirements identified in the experience form part of your contract with the experience provider. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements of the experience. You are responsible for informing the experience provider of any medical or physical conditions, or other circumstances that may impact your ability to participate in the experience.

Payments and Refunds

Generally, from time to time, the Hatch App may offer experiences, products or services for purchase ("in app purchases") through the Hatch App direct billing or other payment platforms authorized by the Hatch App. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the experience/service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize the Hatch App or the third party account, as applicable, to charge you.

Generally, all charges for in app purchases are non-refundable, and there are no refunds or credits. Subject to these terms and conditions, the Hatch App will endeavour to refund it’s Users if so requested within fourteen days of the transaction date.

Your Responsibilities and Assumption of Risk

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join an experience. You acknowledge that the experiences carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your participation in an experience or any other interaction you have with other Users in person or online. This means it is your responsibility to investigate an experience to determine whether it is suitable for you. For example, experiences may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those experiences.

Termination

We may terminate or suspend access to the Hatch App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Hatch App will immediately cease. If you wish to terminate your account, you may simply reach out to our support team to stop using the Hatch App.

Limitation of Liability

In no event shall the Hatch App, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Hatch App; (ii) any conduct or content of any third party on the Hatch App; (iii) any content obtained from the Hatch App ; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, delict (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Hatch App  is at your sole risk. the Hatch App is provided on an "AS IS" and "AS AVAILABLE" basis. the Hatch App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose.

the Hatch App does not warrant that a) the Hatch App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Hatch App is free of viruses or other harmful components; or d) the results of using the Hatch App will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Hatch App, and supersede and replace any prior agreements we might have between us regarding the Hatch App.

Changes to Pricing and Subscription Plans

We reserve the right to change our subscription plans or adjust pricing for the Hatch App or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. All prices are subject to change without notice but we will do our best to inform you of any such changes.

Intellectual Property Rights

The the Hatch App website and application (and its entire contents, features and functionality ((including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof)), are owned by the Hatch App, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the website and application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website or application.

Revisions to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Hatch App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Hatch App.

To ask questions or comment about these Terms, please contact us at help@thehatch.app.