HDisi1 Digital Platform – Terms of Use
The ‘HDisi1’ app and web app (App) has been developed and is owned by Hastings Deering (Australia) Limited ABN 49 054 094 647 (HDAL), a related entity of Hastings Deering (PNG) Limited (HDPNG, HDAL and HDPNG, together will be referred to as we, us, our). The App is operated by HDAL on behalf of Hastings Deering (PNG) Limited.
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, HDAL and HDPNG 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 ‘HDisi1’ app owned and operated by HDAL on behalf of HDPNG. 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 we make 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
1.1 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 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 or do not support the features of the App. 1.2 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
2.1 The App is made available to you as a prospective customer or as an employee of HDPNG. 2.2 Upon downloading, creating, signing up, or registering for the App, HDPNG will complete verification checks to confirm the users’ identity and association with an organisation. 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 3 working days of creating or signing up for an account in the App. 2.3 If you are an existing HDPNG customer: 2.3.1 your access to the App is provided as a means for you to conveniently view HDPNG 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 on upcoming business projects and improvement initiatives. 2.3.2 these Terms of Use apply separately from, and do not amend or limit, or guarantee your compliance with, any contractual obligations between HDPNG customer and HDPNG, including any obligations to comply with HDPNG policies and procedures. You must continue to comply with all of those obligations. 2.4 You must not: a) share, disclose or distribute your login details; b) copy, reproduce or distribute the App in any manner or medium, in whole or in part, or decompile, disassemble, or reverse engineer the App; c) rent, lease, sublicense, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person; d) connect or combine the App with, or incorporate or merge the App in, any other programs or software; e) remove, alter, or obscure any product identification, copyright, intellectual property, author attributions, legal notices or other labels of origin or source in the App; f) alter, modify, enhance or create a derivative work of the App; g) use the App in any unlawful or unauthorised manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use; h) 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; i) infringe our intellectual property rights or those of any third party in relation to your use of the App; j) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or k) 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. 2.5 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 HDPNG immediately. 2.6 Your access to the App under these Terms of Use may be suspended temporarily or de-activated permanently: a) at any time, for any reason and without notice; b) if you are in breach of these Terms of Use; or c) if you first access the App as a customer of HDPNG and then you are no longer a customer of HDPNG. In these circumstances, we 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
3.1 If any information you provide when installing and using the App is personal information that we are required to handle in accordance with the Australian Privacy Act 1988 (Cth) (the Privacy Act), you acknowledge and agree that: a) we will collect, use and disclose your personal information for the purposes of us providing, and you using, the App, as described in these Terms of Use, and otherwise in accordance with the Privacy Act and its privacy policy at https://www.hastingsdeering.com.au/legal/privacy; and b) we 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
4.1 Your Content will be stored by us on servers/cloud in Australia. 4.2 We will have access to and may receive or extract, and retain, copies of all Content that you upload to the App. We have no obligation to return any Content to you when your access to the App is de-activated. 4.3 We may monitor, collect, use and store usage data, metadata and other anonymous aggregate data regarding your use of the App.
5 Fault Alerts
5.1 We disclaim any responsibility for the identification, notification or communication of fault codes using the critical fault code filtering. 5.2 We provide 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 we accept no responsibility for any loss or damage occasioned by a party relying on this fault alert. 5.3 We and our 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-infringement, quiet enjoyment or results to be derived from the performance of the critical fault filtering within this platform. 5.4 You will not rely on any representation made by the critical alert filtering without first considering your own circumstances or seeking a professional opinion. 5.5 Neither we or our affiliates make any representation or warranty beyond this platform or regarding the security, performance, reliability, timeliness or accuracy of the critical fault filtering or that your use of the critical fault filtering will meet your requirements, be uninterrupted or error-free. 5.6 Use of the critical fault filtering is at your own discretion and risk and you are solely responsible for any damages including to your computer system or loss of data that results from such use.
6. Intellectual Property Rights
6.1 All intellectual property rights relating to the App are owned by or licensed to us. 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. We reserve all rights not expressly granted under these Terms of Use. 6.2 Nothing in the Terms of Use 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 the App and/or any aspect of our technology. 6.3 Subject to your compliance with these Terms of Use, we 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. 6.4 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 us or any third party.
7 Links to third party websites or content
7.1 Links to third party websites within the App are provided for your convenience. We do not control these other websites and we cannot be responsible for the content or accuracy of the information or other material on these websites. 7.2 You acknowledge that the App 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 the App with these third-party services, where applicable, and certify that you have any and all required consents for doing so. 7.3 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. We are 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, we are not responsible for the privacy practices of those sites. 7.4 We 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.
8 Independence from platforms
8.1 The App is independent of any platform on which it is located. We are 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). 8.2 You and we acknowledge that these Terms of Use are concluded between you and us, and not between you and an Operator or any of its subsidiaries. We, and not the Operators, are solely responsible for the App and its content to the extent specified in these Terms of Use. 8.3 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. 8.4 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 we have no control over the Operator’s terms and conditions or operating system requirements and will not be liable for any non-compliance by you with the Operator’s terms and conditions.
9. Modification and termination
9.1 We reserve the right to modify or terminate the App, or your use of the App, to limit or deny access to the App and/or participation in the App, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. We disclaim any liability or responsibility arising from your use of the App. You may discontinue your use of the App at any time. For the avoidance of doubt we will be able to continue to use any feedback provided by you.
10 Liability
10.1 To the maximum extent permitted by law, we exclude 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. 10.2 You agree to hold harmless and indemnity us and our affiliates, and their respective officers, directors, agents, and employees from and against any claim arising from or in any way related to (i) a breach of the Terms of Use, (ii) your use of the App, or (iii) your violation of applicable laws, rules or regulations in your use of the App. 10.3 In no event shall we or any of our affiliates 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, whether or not we have been advised of the possibility of such damages. To the extent permitted by applicable law, our maximum liability hereunder is limited to AUD1.00.
11 Confidentiality
11.1 You acknowledge and agree that: a) the App may contain confidential information including but not limited to pricing positions, invoices, financing, personal information, proprietary information and is confidential to us. b) the release or sharing of any of the confidential information would damage our competitive and intellectual property interests; and c) any information about or contained in the App must not be shared with anyone other than other authorised users of the App within your organisation. 11.2 If you or other App users in your organisation receives confidential information of another customer, you must immediately notify us and destroy all records or copies. You indemnify us against any misuse or misappropriation of confidential information provided to you through or via or in the App. 11.3 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 us in identifying and preventing any unauthorised use, copying, or disclosure of information in the App, if any, or any portion thereof.
12 Survival
12.1 These Terms of Use end when your access to the App is de-activated. Terms of Use regarding liability and intellectual property rights survive the termination of these Terms of Use (and will continue to apply to you), as do any other terms that expressly, or by their nature, survive termination of these Terms of Use.
13 General
13.1 We 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. 13.2 We are 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 our written consent. 13.3 These Terms of Use are governed by the laws of Queensland, Australia. 13.4 If we need to contact you in relation to these Terms of Use, we will do so by email or notifications through the App. 13.5 Any questions regarding the App should be directed to: Email: HDCommunications@hastingsdeering.com.au 13.6 This version of the Terms of Use is dated 11 July 2024.
