1. Collection of Information
User may be asked for personal information when User contacts Hesper.
2. Use of Information
Hesper's primary purpose for collecting and using personal information is for internal and Services related purposes, to meet customers' needs and preferences, and to improve the Services. Hesper may use this information for marketing purposes. Hesper may use data that Customer passes through and/or may be generated by the use of the Services.
3. Collection and Sharing of Information
Hesper's partners, such as web and social analytics services, may collect information through cookies and similar technologies about User's online activities over time, on other devices, and on other websites or apps, if those websites and apps use the same partners. When Hesper's partners provide such services, they are governed by their own privacy policies. User may be able to change browser settings to block and delete cookies used by Hesper's partners when User accesses the Website through a web browser. However, if User does that to cookies used by Hesper, the Website may not work properly.
5. Correction of Information Collected
Customer has the right to correct or update the personal information collected about them by Hesper.
6. Information Security
This Agreement is made and entered into by and between Hesper and the entity or person agreeing to these terms ("Customer") and governs Customer’s use of the Services provided by Hesper.
This Agreement is effective as of the date Customer accepts the Agreement (the "Effective Date").
1. Modifications to the Agreement. Hesper may make changes to this Agreement from time to time. Unless otherwise noted by Hesper, material changes to the Agreement will become effective 30 days after they are posted. If Customer does not agree to the revised Agreement, Customer stops using the Services. Hesper will post any modification to this Agreement to https://www.hesper.co.nz/legal.
2. Intellectual Property Rights. Except as expressly set forth in this Agreement, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property.
3. Customer Feedback. If Customer provides Hesper Feedback about the Services, then Hesper may use that information without obligation to Customer, and Customer hereby irrevocably assigns to Hesper all right, title, and interest in that Feedback.
4. Term and Termination.
4.1 Agreement Term. The "Term" of this Agreement will begin on the Effective Date and continue until the Agreement is terminated as set forth in Section 4 of this Agreement.
4.2 Termination for Breach. Hesper may terminate any, all, or any portion of the Services, if Customer is in breach of the Agreement and fails to cure that breach.
4.3 Termination for Convenience. Customer may terminate this Agreement for its convenience at any time. Hesper may terminate this Agreement for its convenience at any time without liability to Customer.
4.4 Effect of Termination. If the Agreement is terminated, the rights granted by one party to the other will immediately cease.
5. Publicity. Customer is permitted to state publicly that it is a customer of the Services. Hesper may include Customer’s name or Brand Features in a list of Hesper customers, online or in promotional materials. Hesper may also verbally reference Customer as a customer of the Services.
6. Representations and Warranties. Each party represents and warrants that: (a) it has full power and authority to enter into the Agreement; and (b) it will comply with all laws and regulations applicable to its use of the Services, as applicable.
7. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HESPER AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING ITS WEBSITES AND APPLICATIONS. NEITHER HESPER NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICES ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
8. Limitation of Liability.
8.1 Limitation on Indirect Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR HESPER’S SUPPLIERS, WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
8.2 Limitation on Amount of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR HESPER’S SUPPLIERS, MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO HESPER UNDER THIS AGREEMENT DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
9.1 Notices. All notices must be in writing and addressed to the other party’s primary point of contact. The email address for notices being sent to Hesper is firstname.lastname@example.org.
9.2 Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
9.3 No Agency. This Agreement does not create any agency or joint venture between the parties.
9.4 Severability. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.
9.5 Amendments. Except as set forth in Section 1, any amendment must be in writing, signed by both parties, and expressly state that it is amending this Agreement.
9.6 Survival. The following Sections will survive expiration or termination of this Agreement: 2, 3, 4.4, 8, and 9.
9.7 Entire Agreement. This Agreement sets out all terms agreed between the parties and supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement.