Terms of Use & Privacy Policy

These unified terms and conditions and privacy policy apply to both the Hawk IP website (www.hawkip.com) and the Hawk IP Dashboard and related services.

Key Points

  • You must not rely on our services for critical functions. For example you must maintain your own copies of your data and an alternative reminder system for deadlines. We accept no liability for loss or corruption of data or inability to use or access the services.
  • Any data you put into our services belongs to you. We will share that data with people and services whom you ask us to. We may generate and use statistical information from your data, but will not share the data itself with anyone else unless you ask us to.
  • We support paying users via online channels, and may at our option support non-paying users.
  • We use cookies and server logs to track users so we can improve our website and services.
  • Personal data is collected when you use our services (but not when you only use www.hawkip.com) and may be processed by third parties (including those outside New Zealand) to provide you with services.

1.     Introduction

1.1       In consideration of You agreeing to abide by these Terms of Use, We grant You access to use the Website and Services.

1.2       Your access to and use of the Website and Services is subject exclusively to these Terms.

1.3       You will not use the Website or Services for any purpose that is unlawful or prohibited by the Terms.

1.4       By using the Website and/or Services You are fully accepting these Terms. If You do not accept these Terms You must immediately stop using the Website and Services.

1.5       We may from time to time update or amend the Terms. Your use of the Website or Services will be deemed to be an acceptance of the Terms which are current at that time.

1.6       You are only permitted to use the Services on the following basis:

  1. You have accurately provided Your legal full name, email address, and any other information required in order to complete the sign-up process;
  2. any accounts on the Services which are associated with Your email address are for Your own use only and You will not knowingly permit any other person to access them, or Your behalf or otherwise; and
  3. You are 16 years old or older.

2.     Definitions

In these Terms the following words and expressions have the meanings set opposite them:

Website means the entire content of the website at www.hawkip.com
Data means data, files etc. stored within the Services and legitimately accessible to You.
Our Associates means any other party involved in creating, producing, maintaining or delivering the Website or Services, and any officers, directors, employees, shareholders or agents of any of them or of Us.
Services means IP and related IP data services provided by Us in association with the Website, including but not limited to the Hawk IP Dashboard.
Us/We/Our/Ourselves means Hawk IP (a trading name of Microneer Limited, registered in New Zealand with NZBN 9429042096412, having its registered address at 59 Church St, Devonport, Auckland, New Zealand).
Users means other users of the Services.
You/Your means yourself.

3.     Rights Granted & Reserved

3.1       All copyright and intellectual property rights in any information uploaded or entered by You or Your employees to the Services shall remain vested in You, Your employees or Your licensors.

3.2       You grant Us permission to store, copy, transmit and modify the Data and to display or transmit it to those other Users whom You explicitly share the Data with.

3.3       You grant Us permission to transmit the Data to and allow modification of the Data to third parties (including Our Associates) whom You instruct Us to send the Data to or to allow to modify the Data.

3.4       You grant Us permission to calculate statistics from the Data by aggregating it anonymously with Data of other Users, and to use those statistics for any purpose, provided that at no time shall any textual or file content of the Data be reproduced in the statistics.

3.5       Subject to the provisions of clause 3.1, all other copyright and other intellectual property rights in the Service and Website (including without limitation code, designs, marks, text and images) are owned by Us or Our licensors.

3.6       No part of the Website or Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

3.7       Any rights not expressly granted in these Terms are reserved.

4.     Acceptable Usage

4.1       You may use the Services only for managing, analysing, investigating or communicating intellectual property portfolios. Any other use is prohibited unless allowed by Us in writing prior to such use.

4.2       You may not transmit or cause to be transmitted to or from the Website and/or Services any material:

  1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
  2. for which You do not have all necessary permissions, licences, consents and/or approvals;
  3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
  4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3       You may not use the Website or Services:

  1. in any way that breaches any applicable local, national or international law or regulation;
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  5. in a manner which could damage, disable, impair or compromise the integrity of the Website, Services or Data, including Data of other Users.

5.     Privacy Policy

5.1       Personal information We collect about You

  1. If You use the Services You will be asked to provide accurate information about Yourself including Your name, email address, job and contact details, and possibly credit card details. By submitting Your personal information, You consent to the collection, use and transfer of Your information in accordance with this clause 5.
  2. We may also collect information about You from emails, phone calls, website submissions or letters that You send to Us.
  3. We may collect certain personally-linked statistical information about Your usage of the Services (for example number of logins, intensity of use, features used) from the requests made to Our servers by You.
  4. Your modification of any Data may create audit records which will be visible to other Users who have access to the same Data, including audit records which identify You to those other Users.

5.2       Use of Your personal information

We will only use Your personal information for the following purposes:

  1. to provide You with access to the Website and the Services and to provide You with relevant information and materials from the Website or Services;
  2. to allow Us to analyse and report on the types of people who access the Website or Services, and how they use them;
  3. to provide You with reminders that You have configured in relation to the Data;
  4. to notify You occasionally about important changes or developments to the Website or Services; and
  5. to administer, take payment for, support, improve and develop the Website or Services.

If You do not want to be contacted for any of the above purposes, please let Us know and We will remove You from Our mailing list.

5.3       Disclosure of Your personal information

We will only disclose Your personal information to a third party in the following circumstances:

  1. where the third party provides part or all of the Services or provides facilities, products or services to Us which allows Us to provide the Services, and it is necessary to disclose Your personal information in order to provide the Services; or
  2. if We are under a duty or legal obligation to law enforcement authorities in accordance with clause 7.5; or
  3. if We or the Services are acquired by a third party, and Your personal information is part of the transferred assets.

We will ensure that Your personal information is only transferred in accordance with New Zealand data protection laws and will take all reasonable steps to ensure that Your data is treated securely and in accordance with this privacy policy. Your personal information may be processed or stored by staff operating outside the New Zealand, but will only be transferred to countries that provide an adequate level of personal information protection.

5.4       Correction and deletion of Your personal information

  1. You may correct the personal information We hold about You by using the features provided to do so within the Services, or by contacting Us using any other means.
  2. Your personal information may be deleted by terminating this agreement as provided for in clause 10. Deletion will be subject to the conditions in that clause 10.

5.5       Information We collect anonymously

  1. The Website and/or Services may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies” (text files placed on Your computer), to help the website analyze how users use the site. The information generated by the cookie about Your use of the Website or Services (including Your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating Your use of the Website and/or Services, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate Your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on Your browser, however please note that if You do this You may not be able to use the full functionality of the Website or Services. By using the Website or Services, You consent to the processing of data about You by Google in the manner and for the purposes set out above
  2. We have access to and may use server log files which record Your IP address, but not Your identity to monitor or improve the Website or Services.

6.     Payments

6.1       For paid subscriptions and other fees, You agree to provide valid billing information if requested and authorise Us to deduct payment of the then current fees applicable to You as advertised on the Website or within the Services or given in a communication from Us.

6.2       Credit cards must be registered in either Your name or that of Your organisation. Credit card payments are subject to validation and authorisation checks with Your card issuer.

6.3       Recurring (e.g. monthly or annual) payments will be taken automatically in advance at the appropriate anniversary of the first payment.

6.4       If You change from one subscription plan to another, You will be charged the new subscription fees for the remainder of that billing cycle, and in subsequent billing cycles.

6.5       All payments are non-refundable, and no refunds or credits will be given for any partial use (subject to clause 10.3).

6.6       All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on Your use of the Services and shall be the responsibility of, and payable by, You. If Your place of business is outside New Zealand then We will not charge You GST. If You reside or have Your place of business within the New Zealand then We will add New Zealand GST to Our fees at the then current rate.

6.7       If You default on any payment, We reserve the right to discontinue provision of any Services to You, or to change the method or schedule by which we require payment from you.

7.     Disclaimers

7.1       While We endeavour to ensure that the information provided on the Website and within the Services is accurate at the time of writing, We and Our Associates do not warrant the accuracy and completeness of such material. Accordingly, to the maximum extent permitted by law, You use the Website and Services on the basis that We and Our Associates exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

7.2       We may make changes to the Website and/or Services without notice.

7.3       You acknowledge that:

  1. the Service has not been developed to meet, or offered to You on the basis that it meets, Your individual requirements, and that it is therefore Your responsibility to ensure that it does;
  2. it is not possible to test the Service in every possible operating combination and environment; and
  3. it is not possible to produce a Service known to be error free and completely secure in all circumstances.

7.4       You agree not to be solely reliant on the Website or Services in conjunction with any matter for which its failure or improper operation might cause You significant harm, including without limitation:

  1. use of the Services to as the sole reminder of vital deadlines; or
  2. use of the Services as the only storage location for the Data; or
  3. reliance solely on information within the Website or Services to make important decisions;

and agree in all circumstances to check or confirm information from the Website or Services with other sources.

7.5       We shall co-operate with any law enforcement authorities or courts requesting or directing the Company to disclose the identity, personal information or Data of anyone alleged to have breached any of these Terms or of violating the laws or regulations of a jurisdiction in which We or You reside or operate, to the extent requested or required.

8.     Liability

8.1       We and Our Associates exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages) in connection with the Website or Services in any way, including without limitation in connection with:

  1. the use, inability to use or access, or the results of use of the Website or Service, any websites linked to the Website or Service or the material on such websites; or
  2. the inability to access the Data, or corruption or loss of or any other damage to the Data;
  3. loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or Service or Your downloading of any material from the Website, the Services or any websites linked to the Website or Services;
  4. theft of Data from the Services.

8.2       Nothing in these Terms and Conditions shall be construed so as to exclude or limit Our liability for:

  1. death or personal injury as a result of Our negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
  2. fraud; or
  3. misrepresentation as to a fundamental matter; or
  4. any liability which cannot be excluded or limited under applicable law.

8.3       Subject to this clause 8, Our maximum aggregate liability under or in connection with the Terms shall be limited to the aggregate amount which You are obliged to pay Us in the twelve (12) month period immediately prior to the period giving rise to such claim.

9.     Support

9.1       We commit to providing User and/or technical support only to currently paying subscribers to the Service, and then:

  1. only via those channels offered by Us within the Service or Website for the purpose of providing support; and
  2. only for bugs or errors in the Service that are reproducible by Us; and.
  3. only where You provide full and accurate details as requested by Us.

9.2       When We provide support to non-paying customers, this does not oblige Us to provide support to other non-paying customers (including those with the same issue) or to the same non-paying customer in the future.

9.3       You acknowledge that We provide no warranty that all or any errors in the Services will be corrected.

9.4       Where You request repair of or access to Data which You or other legitimately allowed Users have deleted or damaged through no fault of the Services:

  1. We reserve the right to charge fees for investigating and making such repairs; and
  2. You acknowledge that it is not always possible or practicable to repair or access such Data, or attempt to repair or access such Data, and that We are under no obligation to do so if it is impracticable.

10.  Termination

10.1     We may terminate this Agreement immediately by notice to You if:

  1. You commit a material or persistent breach of these Terms which You fail to remedy (if remediable) within 14 days after the service of written notice requiring You to do so; or
  2. a petition for a bankruptcy order to be made against You has been presented to the court; or
  3. You (being a company) become insolvent or unable to pay Your debts, enter into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), pass a resolution for Your winding-up, have a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of Your assets, or make any composition or arrangement with Your creditors or take or suffer any similar action in consequence of Your debt.

10.2     You may terminate this Agreement at any time by using the provided feature within the Services.

10.3     Upon termination for any reason:

  1. all rights granted to You under these Terms shall cease;
  2. You must cease all activities authorised by these Terms;
  3. You must immediately pay to Us any sums due to Us under these Terms;
  4. You will not be entitled to any refund or credit in respect of any fees paid by You in advance; and
  5. We will delete Your personal information and Data, but We will not delete any personal information and Data which it is necessary for Us to keep in order to continue to provide the Services to other Users (for example references to You in audit records).

11.  Transfer of Rights and Obligations

11.1     These Terms are binding on You and Us, and on Our respective successors and assigns.

11.2     You may not transfer, assign, charge or otherwise dispose of these Terms or any of Your rights or obligations arising hereunder, without Our prior written consent.

11.3     We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of Our rights or obligations arising hereunder, at any time.

12.  Notices

12.1     All notices to Us must be served by registered letter to read4sure Ltd at the current registered address displayed on the Website.

12.2     We may serve Notices to You at the email or postal addresses You provide to Us, or via a message displayed to You when You access Services.

12.3     Notice will be deemed properly served immediately when displayed to You when You access Services, 24 hours after the sending of an email, and at the properly recorded date of delivery of a registered letter.

13.  Force Majeur

13.1     We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (a “Force Majeure Event”).

13.2     A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. impossibility of the use of public or private telecommunications networks;
  5. the acts, decrees, legislation, regulations or restrictions of any government.

14.  Waiver

14.1     If We do not insist on the performance of Your obligations or exercise any of Our rights or remedies herein, it does not constitute a waiver of Your obligations or Our rights or remedies.

14.2     A waiver by Us of any default shall not constitute a waiver of any subsequent default.

14.3     No waiver by Us of any of these Terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.

15.  Entire Agreement

15.1     These Terms are the entire agreement between Us in relation to the use of the Website and Services and supersedes any prior intimation between Us.

15.2     Neither of You nor We have relied on any representation, undertaking or promise given by the other or implied from anything said or written between Us except as expressly stated herein.

15.3     Neither of Us shall have any remedy in respect of any untrue statement made by the other (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

16.  Severability

If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

17.  Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the law of New Zealand and under the exclusive jurisdiction of the New Zealand courts.