Terms & conditions

Hawkei.io Pty Ltd (we, us or our), owns and operates the online service that you have accessed at hawkei.io (Hawkei). By accessing and using Hawkei, you agree to comply with these terms and conditions of use (as varied by us from time to time).

Use

We grant you a limited, non-exclusive, non-transferrable licence to access and use Hawkei, and any associated documentation provided to you by us, in accordance with these terms or otherwise to perform any function authorised by us or described in the documentation.

You must not:

You must take your own precautions to ensure your use of Hawkei does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer systems or corrupt code submitted to Hawkei. We will not be responsible for any interference or damage to your own computer systems or data that arises in connection with use of Hawkei. We do not maintain copies of data you submit via Hawkei

Access

We use all reasonable endeavours to ensure that Hawkei is accessible, but there will be times when we will be unable to provide access to Hawkei (either in whole or in part), for example where we need to perform necessary maintenance, updates, upgrades or modifications, or due to third party services that Hawkei relies on. We will use reasonable efforts to inform you of the reason for any outage, and its duration, however we reserve our right to suspend or terminate your access to Hawkei at any time without reason and without notice.

If you sign up with us to create an account, your account details are personal to you, and should not be shared with any third party. If you know or suspect that a third party has accessed your account, you must notify us as soon as practical.

Privacy and Security

We are committed to maintaining the confidentiality and security of your confidential and personal information and managing it in an open and transparent way in accordance with our obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (together Privacy Laws), and any privacy policy which may be introduced or amended by us from time to time.

We take reasonable steps to protect your information from unauthorised access or disclosure, including using a range of physical, technical and administrative measures. Whilst we take all reasonable steps to ensure that your information is protected from misuse, corruption interference or loss, no method of transmission over the internet, or method of electronic storage, is 100% secure and we encourage you to backup any important data prior to using Hawkei and use all reasonable measures to keep your login details secure.

You warrant that any personal information, including any sensitive information, that you submit to Hawkei has been collected in accordance with the Privacy Laws and any other privacy regulations or laws applicable to the collection and use of the relevant personal information or data, and agree to indemnify us for and against any loss, damage or claim brought against us as a direct or indirect result of any breach of this warranty.

Intellectual Property and Confidentiality

Unless otherwise stated, all intellectual property rights subsisting in Hawkei, any content, software or other components made available to you by us, including all worldwide copyright, trade marks, designs, patents, trade secrets, domain names, know-how or any other analogous rights (whether registered or unregistered), remains our exclusive property or the property of our licensors. Except as permitted by these terms or otherwise authorised by us, no part of Hawkei may be sold, modified, reproduced, transmitted, distributed or used in any manner by you.

During your use of Hawkei you may provide us with feedback, recommendations, ideas or critique in relation to the functionality or operation of Hawkei, which may include feedback in relation to its performance, missing features, ease of use and bugs (Feedback). We may modify, develop or otherwise incorporate such Feedback into Hawkei, and you assign to us all right, title and interest in and to any Feedback, without any right to compensation, attribution or other obligation from us.

Excluding Feedback, you retain all rights and title in any data you upload or submit to us via Hawkei (User Data). You grant to us a worldwide, royalty free, non-exclusive licence (including the right to sub-license on the same terms), to use such User Data to the extent necessary to provide you with access and use of Hawkei, and to assist in improving its performance and implementing product improvements. We may not store copies of the User Data on our servers for more than 3 months, and you must ensure that you have appropriate back-ups in place.

You acknowledge that during your use of Hawkei you will have access to information relating to Hawkei, its functionality, layout, design, content, terms of use and our business that is confidential and not publicly available (including your Feedback), which is of significant value to us (Confidential Information). You agree that you will keep secret and not disclose any Confidential Information to any third party without our prior written consent, and will indemnify us for any loss or damage suffered or any claim brought against us in connection with any breach by you of your obligations of confidentiality under these terms.

Accuracy

We do not make any representations, warranties or guarantees, as to the accuracy, quality, completeness, currency, or validity of any information on Hawkei or linked to Hawkei. The information generated through your use of Hawkei is of a general nature and does not take into account individual circumstances. It is not intended to be or replace professional or technical advice.

Third Party Integrations and Links

If you enable or otherwise use any third party apps, services or integrations (Third Party Apps) with Hawkei, you acknowledge that your use of such Third Party Apps is at your own risk, subject to the third party terms applicable to the relevant Third Party Apps, and agree that we are not liable for the acts or omissions of the providers of any Third Party Apps, or for any loss or damage suffered or incurred by you in connection with your use of such Third Party Apps.

Hawkei may include links to other websites. Any such links are provided purely for your convenience. We are not responsible for the contents (including the accuracy, legality or decency) of any linked site, or page, or for its security or privacy measures. You must make your own enquires as to the suitability of the content of linked sites and the goods and services available from them.

Liability and Indemnity

You acknowledge that Hawkei may contain bugs and errors and as such you agree that access is provided on an “as is” basis, and may be modified or withdrawn and any time. To the extent permitted by law, we make no representations or warranties, express or implied, regarding Hawkei, including any representation that your use of Hawkei will be uninterrupted or error-free and exclude all liability for any direct or indirect loss, claim, or damage under the law of contract, tort or otherwise, including loss of property, loss of business, loss of internet connection, loss of profit, loss, or corruption of data and loss of use, whether foreseeable or not, that arises out of, or in connection to your use of or access to Hawkei. To the extent permitted by law, our liability to you under these terms is capped at an amount equal to any fees paid by you to us in the 12 months preceding any claim arising.

Without limiting any of the other indemnities under these terms, you agree to indemnify and hold us, our officers, directors and employees harmless from any losses that result from any third party claims related to your access, use or misuse of Hawkei, or any act or omission by you which breaches these terms.

General

If any part of these terms and conditions are determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these terms and conditions shall continue in full force and effect. Failure to enforce any right under these terms and conditions will not be construed as a waiver of that right or any other right under these terms and conditions. This document constitutes the entire agreement between you and us in regards to your use of Hawkei and its terms may not be varied without our written consent. These terms shall be governed by the laws of the State of Victoria, and shall be subject to the exclusive jurisdiction of its courts.