Welcome to HawkPro, a height safety induction and management service.
These Terms are binding on any use of the Service and apply to You from the time that You gain access to the Service.
These Terms are not intended to answer every question or address every issue raised by the use of the HawkPro Service. HawkPro reserves the right to change these terms at any time.
By registering to use the Service you acknowledge that You have read and understood these Terms.
These Terms were last updated on 17/09/2019.
- This End User Licence Agreement (EULA) is a legal agreement between you, the User, and Hawk Safety in relation to the Application. By clicking ‘I AGREE’, the User agrees to:
- the terms and conditions of this EULA;
- abide by Australian and international Intellectual Property laws; and
- take all necessary steps to ensure that the terms of this EULA are not violated by any person or entity under the User’s control or in the User’s service.
- The Application is licensed, not sold.
- If the User does not agree to the terms of this EULA, the User must select ‘I DO NOT AGREE’ and the User will not be permitted access to or use the Application.
- In this EULA, unless the context indicates the contrary:
Application means the Hawk Pro Mobile App used for automated on-site registration, on-site height safety inductions and the generation of associated certificates and documentation (included online or electronic documentation) for the User’s records, as well as any updates and improvements to the Application during the term of this EULA in accordance with these terms;
Confidential Information means all information, data, documentation, computer facilities (including software or technology embedded in the software) and trade secrets, (including information relating to financial position, technical matters, internal management, policies and strategies) and any other material whether owned or used by or licenced to the disclosing party obtained from the disclosing party in connection with this EULA:
- about that party or its related bodies corporate customers, employees or contractors or its business;
- regarding the terms of this EULA, or the commercial arrangements between the parties;
- which is by its nature confidential or which is designated as confidential by that party; or
- which any of the parties knows, or ought to know, is confidential
whether that information as obtained, before, on or after the date of this EULA;
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided through the Application;
EULA means this End User Licence Agreement and any schedules, appendixes or annexures to it, and the documents expressly referred to in them, as may be amended by Hawk Safety from time to time;
Hawk Safety or HawkPro means Hawk Safety Pty Ltd ACN 615 231 073.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Third Party means a person, firm or company who is not a party to the EULA or who is not a related body corporate of a party to the EULA.
3. THE APPLICATION
- This EULA is between the User and Hawk Safety only. Except as specified in this EULA, Third Party software providers are not a party to this EULA. Hawk Safety is solely responsible for:
- the Application and its Content;
- maintenance of the Application;
- warranties (whether express or implied) and claims, whether brought by the User or by Third Parties, relating to or arising from supply of the Application (including product liability claims, claims that the Application fails to confirm with any applicable legal or regulatory requirement and claims arising under consumer protection legislation); and
- the investigation, defence, settlement and discharge of any Third Party in respect of the Contents of the Application.
- Any queries, complaints or claims the User may have regarding the Application must be directed to the Hawk Safety.
- The User is granted a limited, non-exclusive, non-transferable, non-assignable right to access and use the Application:
- on a product that the User owns or controls that runs an operating system software compatible with the Application;
- for the User’s own use; and
- in accordance with the terms and conditions of this EULA.
- The User does not obtain any interest in or rights to the Application other than as set out in this EULA.
5. REGISTRATION INFORMATION AND PASSWORDS
- the User agrees that all information provided during the registration is true and accurate and you will update this information in order to keep it current, complete and accurate; and
- During the registration process, the User will be asked to select a password for your account. The User agrees to keep its password confidential at all times and must not disclose it to any Third Parties.
- The User agrees to be fully responsible for activities that relate to the User’s account or the User’s password. If the User has reason to believe that its password has been obtained by someone else without consent, the User must inform Hawk Safety immediately to disable the account.
- The User must not:
- use, modify, deal with, reverse, engineer, decompile or disassemble the Application otherwise than in accordance with usage rules from the app store where you downloaded the Application;
- breach the requirements of any Third Party terms of agreement when using the Application;
- impose or attempt to impose an unreasonable or disproportionately large load, as determined by Hawk Safety in its sole discretion, on the Application infrastructure; or
- interfere or attempt to interfere with the normal course and process of the Application; or
- use manual or automated software, devices, or other processes to harvest or scrape any Content from the Application;
- remove, obscure or any way alter any copyright, proprietary or trademark notice or any notice acknowledging contributions to the Application;
- do any other act that may constitute an improper use of the Application, as determined by Hawk Safety in its sole discretion from time to time; or
- permit or authorise any other person to do any of the acts referred to in paragraphs (a) to (g), without the prior written consent of Hawk Safety.
7. WARRANTIES AND DISCLAIMER
- To the extent permitted by law, the Application is provided “as is” and “as available” and without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose.
- Without limited the foregoing, Hawk Safety does not warrant that:
- the Application will meet the User’s requirements;
- the use of the Application will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Application will be accurate or reliable;
- the quality of the Application will meet the User’s expectations; or
- any errors in the Application will be corrected.
8. LIMITATION OF LIABILITY AND INDEMNITY
- To the maximum extent permissible by law, Hawk Safety disclaims liability to the User and to any Third Party for any special, incidental, indirect or consequential damages of any kind, or for loss of use, data or profits or other categories of economic loss, whether or not Hawk Safety had been advised of the possibility of such damages, and whether arising in contract, tort or otherwise, arising out of or in connection with the use of the Application.
- In no event shall the Hawk Safety be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
- The User has sole responsibility for adequate security protection and backup of data and/or equipment used in connection with its usage of the Application and will not make a claim against Hawk Safety for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Application.
- To the extent that any term, condition or warranty implied by law cannot be excluded, Hawk Safety’s liability in respect of such term, condition or warranty is limited to resupplying those services provided by the Application or paying the cost of resupplying those services.
- As a condition of the User’s access to and use of the Application, you agree to indemnity Hawk Safety and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- the User’s access to and use of the Application; or
- the User’s breach of this EULA and any applicable law or the rights of another person or party.
- This indemnification section survives the expiration of the User’s registration or the User’s use of the Application, and applies to claims arising both before and after the registration or use of the Application ends.
9. INTELLECTUAL PROPERTY RIGHTS
- The User acknowledges and agrees that:
- all intellectual Property Rights in the Application are owned by Hawk Safety and
- nothing in this EULA has the effect of assigning any ownership of the Intellectual Property Rights in the Application to the User.
- Hawk Safety’s Intellectual Property must not be used in connection with a product or service that is not affiliated with Hawk Safety or in any way brings Hawk Safety into disrepute.
- The User must not modify the physical or digital copies of any Content you print off or download in any way, and the User must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
- Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users are those of the respective author(s) or distributor(s) and not of Hawk Safety.
- If the User becomes aware of any suspected or actual infringement of the Intellectual Property Rights in the Application or any suspected or actual use, copying or disclosure of the Application not authorised under this EULA, the User must, at its own expense, immediately:
- notify Hawk Safety in writing;
- take all reasonable steps to prevent or stop the suspected or actual conduct and
- provide Hawk Safety with any assistance reasonably requested by Hawk Safety in relation to any proceedings Hawk Safety may take against any person in relation to the conduct.