PART 1 — Using this website
This website is owned by Hursley Limited (New Zealand registered Limited Company 3946498) of 8 Shotter Street, Karori, Wellington, 6012, New Zealand. Throughout these terms and this website, the terms “we”, “us”, “our” refer to the Company and any of our affiliated companies (as relevant).
If you use our website, you are agreeing to be bound by the terms listed below and any other laws or regulations which apply to this website.
This website has been compiled on the basis of general information current at the time of publication. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary.
Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that use of the information on this website will not infringe such intellectual property rights.
We make no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by us.
We make this website and its contents available on an as-is basis. We make no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the security, completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and us.
Nothing contained on this website amounts to an invitation to deal in shares or other securities of any entity related to us, including Hursley Limited. Please seek independent professional advice before making a decision to invest in any entity related to us.
Intellectual Property Statement
Unless otherwise indicated, all copyright and other intellectual property rights in the website design, text, images, graphics, data, information, logos, and other materials on this website, including the selection and arrangement thereof, and all software relating to this website, belongs to or is licensed by Hursley Limited. This copyright is protected by New Zealand and international copyright laws. All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to Hursley Limited, its related entities or its licensors. Hursley Limited, its related entities or its licensors do not give you any licence or right to use them.
Subject to the following paragraph, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without our prior written permission.
We grant you permission to download a copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website, provided you retain all copyright and other proprietary notices on that material.
Limitation of Liability
The use or reliance on the information on this website is at your own risk. Hursley Limited, its related entities, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss, damage, claims, expenses, or liabilities whatsoever arising out of or related to the use, or inability to use, the information on this website or provided through this website by email. This limitation of liability includes, but is not limited to, compensatory, punitive, direct, incidental, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.
To the maximum extent permitted by law, the Company does not accept any responsibility to maintain the material and services made available on this web site or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. If you are a consumer for the purposes of applicable State or Federal law in New Zealand, with the consequence that certain guarantees and certain rights and remedies are conferred on you which cannot be excluded, restricted or modified, then to the maximum extent permitted by law, our liability to you is limited at our option to: (a) in the case of goods: (i) replacement of the goods or the supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; and (b) in the case of services: (i) resupply of the services; or (ii) payment of the cost of resupplying the services.
We permit linking to this website, provided that the full html page is loaded. Any such links must not incorporate our trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of Hursley Limited or its related corporations.
Information on this website may include links to the websites of others outside our network. These links are provided for your convenience only. The inclusion of any link to other websites does not imply endorsement by the Company of third party companies, individuals, products, information, or opinions. We do not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor do we authorise any such infringement by providing these links. We recommend you read the legal and privacy notices of any other websites that you visit.
If this website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this website does not constitute the recommendation or endorsement by us or any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase or acquire from those third parties.
We disclaim liability for any loss or damage whatsoever arising from your use of links to third party websites.
When you use this website a record of your visit and log your IP or server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using may be made by our hosting platforms or Internet Service Provider (ISP). This information is collected for statistical purposes only, and we will not make any attempt to identify users according to their browsing activity. It is also possible that your ISP is logging your activity while you visit our site. This is beyond the control of Hursley Limited.
Unsolicited Materials and Ideas
It is our policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your information, do not submit it to us via email or otherwise.
Any non-personal information you submit to us will become our property, and we may use it for any purpose and in any way, including but not limited to, reproduction, disclosure, transmission, publication, and broadcasting or otherwise, without any obligation to reference or compensate you.
We are free to use any unsolicited ideas, artwork, inventions, developments, suggestions or concepts contained in any communication sent to this website by you for any purposes (including but not limited to the developing, manufacturing, advertising and marketing of products), without any obligation to reference or compensate you.
You agree to indemnify Hursley Limited, its related entities, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Hursley Limited via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the New Zealand Law.
If you access this website in a jurisdiction other than New Zealand, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.
PART 2 — Using our software
This Subscriber Agreement (the “Subscriber Agreement”) is between Hurlsey Ltd., a New Zealand Company trading as Hubscope(“Hubscope”) and the organization agreeing to these terms (“Customer”). This Subscriber Agreement governs Customer’s access to Hubscope (the “Service”) and its associated applications and website . By clicking “I Agree,” attaching this Subscriber Agreement to a purchase order or similar order form, or using the Service as a paid subscriber, Customer agrees to the terms of this Subscriber Agreement. If an individual is entering into this Subscriber Agreement on behalf of an organization such organization shall be deemed the Customer hereunder and such individual hereby represents and warrants that he has the power and authority required to bind such organization to this Subscriber Agreement.
1. The Service and Associated Software. Customer and users of the Service under Customer’s account (the “End Users”) may access and use the Services in accordance with this Subscriber Agreement and Hubscope’s Acceptable Use Policy. Hubscope may update or modify the Services from time to time. If, in Hubscope’s reasonable judgment, any such modification to the Service materially reduces the Service’s functionality, Hubscope will inform Customer via the email address associated with Customer’s account no less than twenty (20) days prior to such change. We provide certain downloadable client software applications (the “Software”) for use in connection with the Service. This Software is updated automatically and, if such Software is designed for use on a mobile device, then a compatible mobile device is required for use. The license being granted to Customer hereunder does not constitute a sale of the Software or any copy thereof, and as between Hubscope and Customer, Hubscope retains all right, title, and interest in the Software.
Hubscope will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of Customer Data that are designed to protect the integrity of Customer Data and to guard against the unauthorized or unlawful access to, use of or processing of such Customer Data. For purposes hereof, the term “Customer Data” shall mean the structured data and any files or attachments submitted to the Service by Customer, as well as the account and contact information submitted to the Service by Customer and its End Users.
Hubscope will use reasonable efforts, consistent with standard industry practices, to ensure that the Service and Software do not contain any viruses, backdoors, Trojans, or other computer code that is designed to disrupt, disable or harm the operation of the Service or Software.
2. CUSTOMER’S OBLIGATIONS
2.1 You agree that you will:
(a) Comply with the .nz policies. You agree that you have read and understood the current policies;
(b) Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
(c) Keep your unique authentication ID and any other security information that we give to you confidential, safe and secure;
(d) Ensure that you only use our services for a lawful purpose;
(e) Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
(f) Activities that defame, harm, harass, abuse or threaten third parties
If found to be in breach of this clause, Hubscope may terminate service without warning.
If a third party alleges a breach of this clause, Hubscope may terminate service without warning.
2.2 Duties of Other Persons: You agree to make sure everyone you are responsible for or who uses a the product registered to you also meets the above duties.
3. PAYMENT OF FEES
3.1 You agree to pay for the services we provide for you.
3.2 If you transfer a product registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
3.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
3.4.1 For customers based in New Zealand, our prices are stated in New Zealand dollars and exclude GST.
3.4.2 For customers based outside of New Zealand, our prices are stated and charged in United States dollars and do not include taxes.
3.5 Customer Statements and invoices will be charged as “Hubscope”.
4.1 The products for sale are digital and will be made available for download within 48hours of payment.
4.2 Electronic License Key. The products may require us to issue you with a license key. We will provide you your license key via email within 48 hours of your order being processed.
5.1 Hubscope offer customers a 30 day refund policy.
5.2 The Refund Policy is based on the understanding that the terms laid out in the Customers Obligation, Section 2, have been fully adhered to.
6. SUSPENSION AND REFUSAL TO SUPPLY SERVICES
6.1 If you do not pay our charges for a product registered to you we may:
(a) cancel the license for the registration of that product; or
(b) refuse to provide a service you request.
7. CANCELLATION OF A PRODUCT
7.1 If we are going to cancel the registration of a product registered to you as a result of you not paying our charges relating to that registration, we will give you 7 days’ notice before we initiate action to cancel the product.
8. EXCLUSION OF LIABILITY
8.1 We exclude all liability we may have to you for any claim except where we have acted in bad faith.
8.2 This exclusion also applies for the benefit of:
(a) Every officer, employee, contractor, agent of us
(b) Anyone else we get to perform our duties under any agreement you have with us.
8.3 None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
8.4 This exclusion applies whatever you are claiming for and in whatever way liability might arise.
8.5 This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9. LIMITATION OF OUR LIABILITY
9.1 We have excluded all other liability we or any of the persons specified in clause 7 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 7 then this clause applies.
9.2 Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month’s fee paid by you under this agreement.
10. LAW AND JURISDICTION APPLYING TO THIS AGREEMENT
10.1 Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise to the extent legally permitted:
(a) All our services are provided under New Zealand law;
(b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
(c) Except as otherwise stated, you may take action against us only in a New Zealand court;
11. CANCELLING THE AGREEMENT
11.1 We may cancel or suspend this agreement by giving you one month’s notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving you one month’s notice.
12. MORE THAN ONE PERSON
12.1 You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you.
13. ACCEPTABLE USE POLICY
13.1 Compliance: The Customer must at all times:
(a) comply with the terms of this Agreement, including any specific service terms and third party software terms incorporated within it;
(b) comply with all laws applicable to the use of the Goods and Services;
(c) ensure the Customer holds, maintains and complies with all software licenses relating to the use of the Goods and Services;
(d) refrain from transferring, storing or using offensive, unlawful or objectionable materials or images;
(e) refrain from engaging in any other conduct, which in Hubscope’s view, affects, or may affect, Hubscope’s ability to provide Goods or Services to the Customer or to any other person, or causes, or may cause, harm or loss to Hubscope or any other person.
13.2 Prohibited publications: Without limiting clause 13.1(a), the Customer must not publish, transmit, store or file the following content when using the Goods or Services (including pictures, links and texts):
(a) any material, which in Hubscope’s view, breaches or infringes, or may breach or infringe, Hubscope or any other person’s copyright, or trademark, patent, design or other rights;
(b) any material that is defamatory or unlawful;
(c) any material that is intended to cause harm to an individual or group of individuals;
(d) any material which, in Hubscope’s view, is or contains anything obscene, pornographic or offensive, including links to any such material;
(e) distribution lists to be used via unsolicited email or other mass electronic mailing;
13.3 Removal of content: Hubscope exercises no control whatsoever over the content of the information passing through Hubscope’s servers or transmitted or stored using the Services, and does not monitor use of Services. Hubscope may remove or suspend any content or information the Customer stores or publishes using the Services (“Content”), or suspend any Goods or Services supplied to the Customer, if Hubscope:
(a) receives a complaint alleging that the Content is defamatory, infringing, threatening, harassing, obscene or breaches applicable laws (including the Harmful Digital Communications Act 2015); or
(b) is required to do so under applicable laws; or
(c) otherwise considers (acting reasonably) that the Content breaches this Agreement or applicable laws.
Hubscope will use reasonable endeavours to notify the Customer if it removes the Customer’s Content pursuant to this Agreement, using the billing contact details provided by the Customer from time to time. The Customer will have the right to respond to any complaint made to, or decision taken by, Hubscope. If Hubscope has removed Content as a result of a third party complaint, the Customer’s right to respond creates no obligation on Hubscope to reinstate the Content. Hubscope will not be liable to pay any refund of service charges if it takes any action under this clause 13.3, nor shall it be liable for any damages, costs, harm or loss suffered as a result of any actions taken hereunder.
Part 3 – Updates to Terms
We reserve the right to make any changes and corrections to these terms at any time.
If any provision of these terms is held void, unenforceable or illegal, that provision will be severed, and the remaining provisions will have full force and effect.