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Customer Digital Platform

HD360 TERMS OF USE

The ‘HD360’ app and web app (App) has been developed and is owned and operated by Hastings Deering (Australia) Limited ABN 49 054 094 647 (HDAL).   As a user of the App, your access to and use of the App is subject to and governed by these terms of use (Terms of Use).   Please read these Terms of Use carefully.  By using the App, you agree to comply with these Terms of Use, and acknowledge that these Terms of Use form a legally binding contract between you and HDAL in relation to your use of the App.  Definitions App means the ‘HD360’ app owned and operated by HDAL. Content means all material created, downloaded, uploaded and stored by you in the App.  This includes all information, text, data and images.  It does not include content that HDAL makes available to you with or via the App.  Operator means a platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry.  Terms of Use means these terms of use.  you / your means the individual user or organisation who downloads and accesses the App in accordance with these Terms of Use.

  1. About the App 

    1. The App is available for download by you from the Apple App Store and Google Play Store to compatible mobile devices, or as an application on HDAL desktop computers, laptops and other devices, subject to these Terms of Use.  The App may not be available on operating systems or through browsers which are not up-to-date.

    2. You are responsible for all access to the App through your device. 

  2. Your use of the App

    1. The App is made available to you as a prospective customer or existing customer of HDAL.

    2. Upon downloading, creating, signing up, or registering for the App, HDAL will complete verification checks to confirm the users' identity and association with an organization. If the user is not an existing customer, the users account will not be activated. If the user is an existing customer, the users account will be activated within 2 days of creating or signing up for an account in the App.

    3. If you are an existing HDAL customer:

      1. Your access to the App is provided as a means for you to conveniently view HDAL news, promotions, publications and announcements, view customer invoices, manage payments and track spending and expense metrics, access and view parts orders including the delivery of orders, request copies of Service history and track maintenance of machines and to view other available customer information and information on upcoming business projects and improvement initiatives.

      2. These Terms of Use apply separately from, and do not amend or limit, or guarantee your compliance with, any contractual obligations between HDAL’s customer and HDAL, including any obligations to comply with HDAL policies and procedures.  You must continue to comply with all of those obligations.

    4. You must not:

      1. copy, reproduce, or distribute the App in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer the App;

      2. Rent, lease, sublicense, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person;

      3. connect or combine the App with, or incorporate or merge the App in, any other programs or software;

      4. remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices, or other labels of origin or source in the App;

      5. Alter, modify, enhance, or create a derivative work of the App;

      6. use the App in any unlawful or unauthorized manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;

      7. act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any service or any operating system;

      8. Infringe HDAL’s intellectual property rights or those of any third party in relation to your use of the App;

      9. Use the App in a way that could damage, disable, overburden, impair or compromise HDAL’s systems or security or interfere with other users; or

      10. Attempt to collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers running the App.

    5. You are responsible for ensuring the security and confidentiality of your username and password (or other login information).  If you become aware of or suspect any unauthorized use of your App account by any other individual or any other breach of security, you must notify HDAL immediately.

    6. Your access to the App under these Terms of Use may be suspended temporarily or de-activated permanently:

      1. at any time, for any reason and without notice;

      2. if you are in breach of these Terms of Use; or 

      3. if you first access the App as a customer of HDAL and then you are no longer a customer of HDAL.  In these circumstances, HDAL may also (at its discretion) change the functionality of the App which is available to you as a user, including by requiring you to set up a new App account and adopt a new user name and password if you want to continue using the App.

  3. Privacy

    1. If any information you provide when installing and using the App is personal information that HDAL is required to handle in accordance with the Privacy Act 1988 (Cth), you acknowledge and agree that:

      1. HDAL will collect, use and disclose your personal information for the purposes of HDAL providing, and you using, the App, as described in these Terms of Use, and otherwise in accordance with the Privacy Act 1988 (Cth) and its privacy policy at https://www.hastingsdeering.com.au/legal/privacy;  and

      2. HDAL may disclose your personal information to and/or collect your personal information from third parties who help us provide the App or components of the App and related services.

  4. Content

    1. Your Content will be stored by HDAL on servers located in Australia.

    2. HDAL will have access to and may receive or extract, and retain, copies of all Content that you upload to the App.  HDAL has no obligation to return any Content to you when your access to the App is de-activated.

    3. HDAL may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your use of the App.

  5. Fault Alerts

    1. Hastings Deering (Australia) Limited disclaims any responsibility for the identification, notification or communication of fault codes using the critical fault code filtering.

    2. Hastings Deering (Australia) Limited provides this as an information only and only for internal business use. Advice from a qualified technician should be sought in respect of any particular events and Hastings Deering (Australia) Limited accepts no responsibility for any loss or damage occasioned by a party relying on this fault alert.

    3. Hastings Deering and Affiliates do not make any representation or warranty, express or implied including any warranty regarding title, the merchantability, fitness for a particular use or purpose, no liens, non-fringement, quiet enjoyment or results to be derived from the performance of the critical fault filtering within this platform.

    4. The customer will not rely on any representation made by the critical alert filtering without first considering the customers’ own circumstances or seeking a professional opinion

    5. Neither Hastings Deering or its Affiliates makes any representation or warranty beyond this agreement or regarding the security, performance, reliability, timeliness or accuracy of the critical fault filtering or that the Customer’s use of the critical fault filtering will meet the Customer requirements, be uninterrupted or error-free.

    6. Use of the critical fault filtering is at the Customer’s own discretion and risk and the Customer is solely responsible for any damages including to the Customer computer system or loss of data that results from such use

  6. Intellectual Property Rights

    1. All intellectual property rights relating to the App are owned by or licensed to HDAL.  You acquire no rights or licences in or to the App other than the limited right to use the App in accordance with these Terms of Use.  HDAL reserves all rights not expressly granted under these Terms of Use.

    2. Subject to your compliance with these Terms of Use, HDAL grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on your device, solely for use by you in accordance with these Terms of Use.

    3. You must not do anything with the App that is not expressly authorised by these Terms of Use.

  7. Links to third party websites or content

    1. Links to third party websites within the App are provided for your convenience.  HDAL does not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites.

    2. The provision of a link to a third party website does not constitute an endorsement or approval of that website or any of the products or services on that website.  HDAL is not liable for any loss arising from your access to such sites or content.  If you choose to click on a link within the App and go to other unaffiliated sies, HDAL is not responsible for the privacy practices of those sites.

  8. Independence from platforms

    1. The App is independent of any platform on which it is located.  HDAL is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an Operator).

    2. You and we acknowledge that these Terms of Use are concluded between you and HDAL, and not between you and an Operator or any of its subsidiaries.  HDAL, and not the Operators, is solely responsible for the App and its content to the extent specified in these Terms of Use.

    3. You acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use and may have third party rights to enforce these Terms of Use against you.

  9. Liability

    1. To the maximum extent permitted by law, HDAL excludes all liability for any loss or damage you suffer, whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise, as a result of your access to, or use of, or inability to use or access the App, or any content, information, products or services available on or from the App.

  10. Survival 

    1. This agreement ends when your access to the App is de-activated.  Terms regarding liability and intellectual property rights survive the termination of this agreement (and will continue to apply to you), as do any other terms that expressly, or by their nature, survive termination of this agreement.

  11. General

    1. HDAL reserves the right to amend these Terms of Use from time to time.  If we do so, we will notify you when you next access the App.  The most up-to-date version of these Terms of Use at any time will be available through the App.

    2. HDAL is entitled to transfer or subcontract its rights and obligations under these terms to a third party that acquires the App.  You are not entitled to transfer, assign and/or sublicense your rights and obligations under these terms to a third party without the prior written consent of HDAL. 

    3. These Terms of Use are governed by the laws of Queensland, Australia.

    4. If we need to contact you in relation to these Terms of Use, we will do so by email.

    5. Any questions regarding the App should be directed to: Email: HDCommunications@hastingsdeering.com.au Phone: +61 7 3717 2271

    6. This version of the Terms of Use is dated October 2022.