PRIVACY POLICY 1. We respect your privacy (a) High Earth Orbit Robotics Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information. (b) "Personal information" is information we hold which is identifiable as being about you. 1. Collection of personal information (a) High Earth Orbit Robotics Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. (b) You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, modify your profile, set preferences, provide financial or credit card information, or communicate with our customer support. (c) Additionally, we may also collect any other information you provide while interacting with us. 2. How we collect your personal information (a) High Earth Orbit Robotics Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. 3. Use of your personal information (a) High Earth Orbit Robotics Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs. (b) We may use information about you to verify accounts and activity, to detect, prevent, and respond to potential or actual security incidents and to monitor and protect against other malicious, deceptive, fraudulent or illegal activity, including violations of terms of service. (c) High Earth Orbit Robotics Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. 4. Disclosure of your personal information (b) We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. (c) We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of High Earth Orbit Robotics Pty Ltd, www.heo-robotics.com, its customers or third parties. (d) Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. (e) By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information. 5. Security of your personal information (a) High Earth Orbit Robotics Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure. 7. Access to your personal information (a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support.inspect@heo-robotics.com. (b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 8. Complaints about privacy (a) If you have any complaints about our privacy practises, please feel free to send in details of your complaints to Suite 1003 3 Spring St, Sydney, New South Wales, 2000. We take complaints very seriously and will respond shortly after receiving written notice of your complaint. 9. Changes to Privacy Policy (a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website. Please check back from time to time to review our Privacy Policy. 10. Website (a) When you visit our website When you come to our website (www.heo-robotics.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service. (b) Cookies We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit. (c) Third party sites Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that High Earth Orbit Robotics Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
WEBSITE TERMS & CONDITIONS OF USE
1. About the Website
(a) Welcome to the HEO Inspect Web Portal (the 'Website'). The Website allows
you to access and use the HEO Inspect (the 'Services').
(b) The Website is operated by High Earth Orbit Robotics Pty Ltd, ACN/ABN 52 613
142 448 . Access to and use of the Website, or any of its associated Products or
Services, is provided by High Earth Orbit Robotics Pty Ltd. Please read these
terms and conditions (the 'Terms') carefully. By using, browsing and/or reading
the Website, this signifies that you have read, understood and agree to be bound
by the Terms. If you do not agree with the Terms, you must cease usage of the
Website, or any of Services, immediately.
(c) High Earth Orbit Robotics Pty Ltd reserves the right to review and change any of
the Terms by updating this page at its sole discretion. When High Earth Orbit
Robotics Pty Ltd updates the Terms, it will use reasonable endeavours to provide
you with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user
interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
(a) HEO Inspect is a web application which allows users to access monitoring data
and insights.
(b) Individual free tier and Organisation accounts are currently offered. You
acknowledge and agree that the accounts offered, as well as the account
features may change from time to time, and may be governed by separate terms
which apply specific to the account. Where special account-specific terms apply,
you will be informed, and must accept those terms before you are given such an
account. For the avoidance of doubt these Terms apply unless otherwise agreed
or amended by account-specific terms.
(c) Some accounts may be governed by a separate Software Licensing Agreement
with High Earth Orbit Robotics Pty Ltd, which may amend the terms of use. For
the avoidance of doubt these Terms apply unless otherwise agreed or amended
by the terms of an applicable Software Licensing Agreement.
4. Acceptable use of the Service
(a) HEO Inspect, its related features, and website must only be used lawfully. High
Earth Orbit Robotics Pty Ltd reserves the right to suspend, cancel, or otherwise
deny access to users and accounts who use the service:
(i) To engage in any act that would disrupt the access, availability, and
security of HEO Inspect and other High Earth Orbit Robotics Pty Ltd
services, including but not limited to:
(A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance HEO
Inspect or other High Earth Orbit Robotics Pty Ltd services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by
imposing an unreasonably large load on our systems that
consume extraordinary resources.
(D) Compromising the integrity of our system, including probing,
scanning and testing the vulnerability of our system unless
expressly permitted by High Earth Orbit Robotics Pty Ltd.
(b) For any illegal purpose, or to violate any laws, including and without limitation
to data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing,
spoofing, manipulating headers or other identifiers, impersonating anyone else,
or falsely implying any sponsorship or association with High Earth Orbit Robotics
Pty Ltd or any third party
(e) To access or search any part of the Service, or any other Service owned by High
Earth Orbit Robotics Pty Ltd other than our publicly supported interface, or
otherwise allowed for in an applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of HEO
Inspect’s content policy
5. Credentials
User IDs and passwords for the HEO Inspect are strictly confidential and cannot be shared
with any unauthorized person. User IDs are granted to individual, named persons and may not
be shared. You are responsible for any and all actions taken using End User Accounts and
passwords, and you agree to immediately notify us of any unauthorized use of which you
become aware.
6. Security and Data Privacy
High Earth Orbit Robotics Pty Ltd takes your privacy seriously and information provided
through your use of the Website and/or Services are subject to High Earth Orbit
Robotics Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy
also addresses High Earth Orbit Robotics Pty Ltd’s processes, policies, and obligations
in respect of HEO Inspect security breaches.
7. Data Use
High Earth Orbit Robotics Pty Ltd collects, stores, and processes your data on HEO Inspect.
The data is used to provide Services to you, as well as to facilitate High Earth Orbit Robotics
Pty Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored,
and processed by High Earth Orbit Robotics Pty Ltd. The Privacy Policy also addresses High
Earth Orbit Robotics Pty Ltd's processes, policies, and obligations in respect of data encryption
and removal requests.
7. Subscription to use the Service
(a) In order to access the Services, you must first purchase a subscription through
the Website (the 'Subscription') and pay the applicable fee for the selected
Subscription (the 'Subscription Fee'). After purchasing a Subscription, you will
be considered a member (‘Member’).
(b) In purchasing the Subscription, you acknowledge and agree that it is your
responsibility to ensure that the Subscription you elect to purchase is suitable
for your use.
(c) Before, during or after you have purchased the Subscription, you will then be
required to register for an account through the Website before you can access the
Services (the ' Account').
(d) As part of the registration process, or as part of your continued use of the
Services, you may be required to provide personal information about yourself
(such as identification or contact details), including but not limited to name
and email address.
(e) You warrant that any information you give to High Earth Orbit Robotics Pty Ltd in
the course of completing the registration process will always be accurate, correct
and up to date.
(f) Once you have completed the registration process, you will be a registered user of
the Website and agree to be bound by the Terms ("User"). As a Member you will
be granted immediate access to the Services from the time you have completed
the registration process until the subscription period expires (the 'Subscription
Period').
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with High Earth
Orbit Robotics Pty Ltd; or
(ii) you are a person barred from receiving the Services under the laws of
Australia or other countries including the country in which you are
resident or from which you use the Services
8. Payments
(a) Subject to the terms of any applicable Software License Agreement, the
Subscription Fee may be paid by all payment methods available on the
Website, and may change from time to time.
(b) Payments made in the course of your use of HEO Inspect may be made using
third-party applications and services not owned, operated, or otherwise controlled by
High Earth Orbit Robotics Pty Ltd. You acknowledge and agree that High Earth Orbit
Robotics Pty Ltd will not be liable for any losses or damage arising from the
operations of third-party payment applications and services. You further
acknowledge and warrant that you have read, understood and agree to be bound by
the terms and conditions of the applicable third-party payment applications and
services you choose to use as a payment method for HEO Inspect services.
(c) You acknowledge and agree that where a request for the payment of the
Subscription Fee is returned or denied, for whatever reason, by your financial
institution or is unpaid by you for any other reason, then you are liable for any costs,
including banking fees and charges, associated with the Subscription Fee.
(d) You agree and acknowledge that High Earth Orbit Robotics Pty Ltd can vary
the Subscription Fee at any time and that the varied Subscription Fee will come
into effect following the conclusion of the existing Subscription.
9. Refund Policy
High Earth Orbit Robotics Pty Ltd will only provide you with a refund of the Subscription
Fee in the event they are unable to continue to provide the Services or if the manager of
High Earth Orbit Robotics Pty Ltd makes a decision, at its absolute discretion, that it is
reasonable to do so under the circumstances . Where this occurs, the refund will be in the
proportional amount of the Subscription Fee that remains unused by the Member (the
'Refund').
10. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of High Earth Orbit Robotics
Pty Ltd are subject to copyright. The material on the Website is protected by copyright
under the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the Services and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video images,
audio clips, Website, code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by High Earth
Orbit Robotics Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or
licensed by High Earth Orbit Robotics Pty Ltd, who grants to you a worldwide,
non-exclusive, royalty-free, revocable license whilst you are a User to:
(i) use the Website pursuant to the Terms; and
(ii) copy and store the Website and the material contained in the Website
in your device's cache memory.
(c) High Earth Orbit Robotics Pty Ltd does not grant you any other rights whatsoever
in relation to the Website or the Services. All other rights are expressly reserved
by High Earth Orbit Robotics Pty Ltd.
(d) High Earth Orbit Robotics Pty Ltd retains all rights, title and interest in and to the
Website and all related Services. Nothing you do on or in relation to the Website
will transfer any:
(i) business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered
design or copyright (or an adaptation or modification of such a thing,
system or process), to you.
(e) You may not, without the prior written permission of High Earth Orbit Robotics Pty
Ltd and the permission of any other relevant rights owners: broadcast, republish,
up-load to a third party, transmit, post, distribute, show or play in public, adapt or
change in any way the Services or third party Services for any purpose, unless
otherwise provided by these Terms. This prohibition does not extend to materials on
the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in the Terms are excluded; and
(ii) High Earth Orbit Robotics Pty Ltd will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or
in connection with the Services or these Terms (including as a result of
not being able to use the Services or the late supply of the Services),
whether at common law, under contract, tort (including negligence),
in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the
Website and the Services is provided to you "as is" and "as available" without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of High Earth Orbit Robotics Pty
Ltd make any express or implied representation or warranty about the Services or
any products or Services (including the products or Services of High Earth Orbit
Robotics Pty Ltd) referred to on the Website, includes (but is not restricted to) loss
or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or other harmful component, loss of data, communication line
failure, unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website,
the Services, or any of its Services related products (including third party
material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of
the products of High Earth Orbit Robotics Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your
convenience.
12. Limitation of Liability
(a) High Earth Orbit Robotics Pty Ltd's total liability arising out of or in connection
with the Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
resupply of the Services to you.
(b) You expressly understand and agree that High Earth Orbit Robotics Pty Ltd, its
affiliates, employees, agents, contributors and licensors shall not be liable to
you for any direct, indirect, incidental, special consequential or exemplary
damages which may be incurred by you, however caused and under any theory
of liability. This shall include, but is not limited to, any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business reputation and
any other intangible loss.
13. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by High
Earth Orbit Robotics Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) not renewing the Subscription prior to the end of the Subscription Period;
(ii) providing High Earth Orbit Robotics Pty Ltd with 28 days’ notice of your
intention to terminate; and
(iii) closing your accounts for all of the services which you use, where High
Earth Orbit Robotics Pty Ltd has made this option available to you.
(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to High
Earth Orbit Robotics Pty Ltd via support.inspect@heo-robotics.com.
(d) High Earth Orbit Robotics Pty Ltd may at any time, terminate the Terms with you if:
(i) you do not renew the Subscription at the end of the Subscription Period;
(ii) you have breached any provision of the Terms or intend to breach
any provision;
(iii) High Earth Orbit Robotics Pty Ltd is required to do so by law;
(iv) the provision of the Services to you by High Earth Orbit Robotics Pty Ltd
is, in the opinion of High Earth Orbit Robotics Pty Ltd, no longer
commercially viable.
(e) Subject to local applicable laws, High Earth Orbit Robotics Pty Ltd reserves the
right to discontinue or cancel your Subscription or Account at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Services without notice if you breach any provision of the Terms
or any applicable law or if your conduct impacts High Earth Orbit Robotics Pty
Ltd's name or reputation or violates the rights of those of another party.
14. Indemnity
You agree to indemnify High Earth Orbit Robotics Pty Ltd, its affiliates, employees,
agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of
or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so; and/or
(c) any breach of the Terms
16. Venue and Jurisdiction
The Services offered by High Earth Orbit Robotics Pty Ltd is intended to be viewed by an
international audience. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales.
17. Governing Law
The Terms are governed by the laws of New South Wales. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms
and the rights created hereby shall be governed, interpreted and construed by, under and
pursuant to the laws of New South Wales, Australia without reference to conflict of law
principles, notwithstanding mandatory rules. The validity of this governing law clause is
not contested. The Terms shall be binding to the benefit of the parties hereto and their
successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.