Hastings Deering HD360 App – Terms of Use & Service
The ‘HD360’ mobile application and web application (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 and service (Terms). HD360 was developed for informational purposes only and is provided to you on an ‘as is’ or ‘as available’ basis. This may mean that some of the features may have bugs, errors, be outdated or inaccurate or may cause unintended behaviour which HDAL disclaims any responsibility for.
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. These Terms of Use or any updated version of these Terms of Use shall apply to the user for the duration that the user has downloaded or uses 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.
Existing Customer means any customer with an active customer account with HDAL.
Guest Customer means any customer which is not an Existing Customer
Operator means a platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry.
Terms means these terms of use and services.
User means an individual or organisation who signs up, creates or downloads HD360 including Existing Customer and Guest Customers.
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
The App is available for download by you from the Apple App Store and Google Play Store to compatible mobile devices, or as a website application on HDAL desktop computers, laptops and other devices accessible via connect.hastingsdeering.com.au, subject to these Terms of Use. The App may not be available on operating systems or through browsers which are not up-to-date or do not support the features of HD360.
HD360 may be a separate, stand-alone service, accessible apart from the currently available HDAL services or may be a feature or functionality for existing HDAL services. By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use HD360.
You are responsible for all access to the App through your device and ensuring that any operating system used is up to date.
2. Your use of the App
The App is made available to the public however some features are only accessible by existing customers of HDAL.
Existing Customers :
Upon downloading, creating, signing up or registering for the App, HDAL will complete verification checks to confirm the users identity and association with your organization. If the User is an Existing Customer, the Users account will be activated within a reasonable time of creating or signing up for an account in the App.
If you are an Existing Customer and your account is not activated within 2 days, this may be due to delays in processing of your account verification. If the issue persists or you are not granted access, please contact us here.
If you are an existing HDAL customer:
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.
these Terms 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.
Guest Users
If you download the App and are not a current or validated Existing Customer, your access to the App will be limited to non-customer access and features. You accept that the App was established and created for Existing Customers and HDAL is not responsible to provide full access to Guest Users.
You understand and consent to the collection of your personal information for the verification and checking with our systems to confirm your identity and direct marketing.
HDAL may contact you to understand your use of the App and inform you of ways to become a customer of HDAL, including providing you with sales, marketing and promotional information and trading account application details.
HDAL will use reasonable endeavours to mitigate the chance of misidentification however HDAL accepts no responsibility or liability arising from or connected to the misidentification of users as Existing Customers or Non-Customer Users.
Users must not:
Use the App or mislead or otherwise misrepresent your identity to HDAL;
Share, disclose or distribute any User login details;
copy, reproduce or distribute the App in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer the App;
rent, lease, sublicense, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person;
connect or combine the App with, or incorporate or merge the App in, any other programs or software unless approved by HDAL;
remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of origin or source in the App;
alter, modify, enhance or create a derivative work of the App;
use the App in any unlawful or unauthorised manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
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;
infringe HDAL’s intellectual property rights or those of any third party in relation to your use of the App;
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
attempt to collect or harvest any information or data from the App (except the User’s own data) or attempt to decipher any transmissions to or from the servers running the App.
You are responsible for ensuring the security and confidentiality of your user name and password (or other log in information).If you become aware of or suspect any unauthorised use of your App account by any other individual or any other breach of security, you must notify HDAL immediately. HDAL will not be liable to you in any circumstances for any breach of security or confidentiality arising from the unauthorised use of the App.
Your access to the App under these Terms may be suspended temporarily or de-activated permanently:
at any time, for any reason and without notice;
if you are in breach of these Terms of Use; or
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
If any information you provide when installing, downloading and using the App is personal information that HDAL is required to handle in accordance with the Privacy Act 1988 (Cth), you acknowledge, agree and provide express consent for:
HDAL will collect, use and disclose your personal information for the purposes of HDAL providing and enhancing 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
including but not limited direct marketing, data analytics and business purposes associated with any existing contractual relationships. ;and
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.
These Terms includes the Hastings Deering Privacy Policy which is incorporated by reference and you agree to the Privacy Policy when you accept the Terms.
HDAL may use, collect, or store information generated from your use of the HDAL’s products and materials being provided to you under this Terms of Service. Hastings Deering may disclose, share, redistribute, or publish any personal information or data collected by us to third party providers or other suppliers. Each party must comply with Privacy Act 1988 (Cth) including the Australian Privacy Principles (APPs), in so far as it relates to its obligations and rights under this Terms of Service.
4 Content
Your Content will be stored and hosted by HDAL on servers located in Australia. In some instances, back-up copies of your content may be stored overseas.
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 deactivated.
HDAL may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your use of the App.
Nothing in these terms obligates HDAL to deliver or make available any copies of computer programs or code to you, whether in object code or source code form. HDAL reserves the right, in its sole discretion, to revoke access and use at any time.
5 ‘As is’ or ‘As available’
By accepting these Terms or using HD360, you understand and acknowledge that HD360 is provided as a complementary service to Users and made available on an “As Is” or “As Available” basis. HD360 may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of HD360, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to provide any maintenance, technical, or other support for HD360.
HDAL will provide a support functionality through HD360 for submission of requests or issues by Users. Whilst HDAL will endeavour to provide effective customer service for HDAL 360, the User accepts that it is at HDAL’s sole discretion whether to provide support or rectify some technical issues which are identified by you through the support function in HD360
You hereby acknowledge and agree that HD360 is provided by HDAL on an “As Is” and “As Available” basis, and your access to, participation and/or use of HD360, is voluntary and at your sole risk. To the extent permitted by applicable law, HDAL expressly disclaims all warranties and conditions and you receive no warranties and conditions of any kind, whether express or implied, including, but not limited to, those of merchantability, satisfactory quality, title, fitness for a particular purpose and non-infringement.
HDAL makes no warranty that any of HD360 will meet your requirements and/or that HD360 will be uninterrupted, timely or error-free, nor does HDAL make any warranty as to the results that may be obtained from the use of HD360 or the accuracy of any other information obtained through HD360. You understand and agree that use of any material and/or data downloaded or otherwise obtained by you is done at your sole risk and that you will be solely responsible for any damage to your computer system and/or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from HDAL through HD360 shall create any warranty not expressly made herein.
6 Feedback
HD360 is made available to you to enhance our customer experience and as such, HD360 is continually changing and being developed. To assist us in providing this experience, HDAL appreciate any Feedback on HD360 from Users.You acknowledge the importance of communication between you and Hastings Deering during your use of HD360 and agree to receive related correspondence and updates from us. Where a User provides feedback, the User accepts that it is without any compensation or reimbursement of any kind from HDAL.
You acknowledge that HDAL owns any feedback you provide, and you hereby assign any and all intellectual property rights in the feedback, and/or any right to apply to protect the intellectual property in such feedback, to HDAL. You further acknowledge that HDAL has unfettered rights to use such feedback including, but not limited to, creating, or make improvements to, the HD360 service or any other HDAL products or services. If we chose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you.
We may monitor how you use HD360 and use that information to improve HD360 or our other products and services. This monitoring includes usability tracking and user behaviours.
7 Intellectual Property Rights
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. HDAL reserves all rights not expressly granted under these Terms .
Nothing in the Terms grants you a right to use any of our or our licensor’s trading names, trademarks, logos, domain names, and other distinctive brand features. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, reinvent or otherwise attempt to decipher any code in connection with HD360 and/or any other aspect of HDAL’s technology, except as permitted by us.
Subject to your compliance with these Terms, 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.
You must not do anything with the App that is not expressly authorised by these Terms of Use or which would infringe or likely infringe the intellectual property rights of HDAL or any third party.
8 Links to third party websites or content
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.
You acknowledge that HD360 may include and/or utilise third party services and you agree to accept and be bound by any additional terms that may apply to those services. You hereby consent to the sharing of the information in HD360 with these third party services, where applicable, and certify that you have any and all required consents for doing so.
The provision of a link to a third party website does not constitute an endorsement, recommendation 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 sites, HDAL is not responsible for the privacy practices of those sites.
HDAL shall not be liable and disclaims any responsibility for your use of any third-party services including but not limited to such services becoming unavailable, and for any inaccurate information provided with the third party services.
9 Independence from platforms
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).
You and we acknowledge that these Terms 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.
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 against you.
You may be required to sign up or comply with other terms and conditions of the Operator by using their independent platforms. You acknowledge that HDAL has no control over the Operator’s terms and conditions or operating system requirements and will not be liable for any non-compliance by the User with the Operator’s terms and conditions.
10 Modification and termination
We reserve the right to modify or terminate HD360, or your use of HD360, to limit or deny access to HD360 and/or participation in HD360, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. HDAL disclaim any liability or responsibility arising from your use of HD360. You may discontinue your use of HD360 at any time. For the avoidance of doubt HDAL will be able to continue to use any feedback provided by you during your use of HD360.
11 Liability
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.
You agree to hold harmless and indemnify HDAL, our related entities and subsidiaries, officers, directors, agents, and employees from and against any claim arising from or in any way related to (i) a breach of the Terms, (ii) your use or your organisations use of HD360, or (iii) your violation of applicable laws, rules or regulations in your use or your organisation of HD360.
In no event shall HDAL or its related entities will be liable for any indirect, special, consequential and/or incidental loss, exemplary or other damages related to these terms and/or whether direct or indirect: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, and (v) costs of recovery or any other damages, however caused and based on any theory of liability, and whether or not for breach of contract, tort (including negligence), violation of statute, or otherwise, and whether or not HDAL has been advised of the possibility of such damages. To the extent permitted by applicable law, HDAL’s maximum liability hereunder is limited to A$1.00.
12 Confidentiality
You acknowledge and agree that:
HD360 may contain confidential information including but not limited to pricing positions, invoices, financing, personal information, proprietary information and is confidential to HDAL
you acknowledge that the release or sharing of any of the confidential information would damage HDAL’s competitive and intellectual property interests; and
any information about or contained in HD360 must not be shared with anyone other than other authorised users of HD360 within your organisation.
If you or a User within your organisation receives confidential information of another User or organisation, you must immediately notify HDAL and destroy all records or copies. You indemnify HDAL against any misuse or misappropriation of confidential information provided to you through or via or in HD360.
You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, you will maintain the security of confidential information provided to you. You will cooperate with and assist HDAL in identifying and preventing any unauthorised use, copying, or disclosure of information in HD360, if any, or any portion thereof.
13 Survival
These Terms ends when your access to the App is de-activated.Terms regarding liability and intellectual property rights survive the termination of these Terms (and will continue to apply to you), as do any other terms that expressly, or by their nature, survive termination of these Terms.
14 General
HDAL reserves the right to amend these Terms 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.
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.
These Terms do not create a partnership, agency relationship, or joint venture between the parties.
You agree to comply with all applicable laws, in connection with your participation, access to and/or use of HD360.
These Terms are governed by the laws of Queensland, Australia.
If we need to contact you in relation to these Terms, we will do so by email or via phone or notifications through the App.
Any questions regarding the App should be directed to:
Email: digital-solutions@hastingsdeering.com.au
Phone: 131 228
This version of the Terms of Use is dated October 2022.
