Last updated 17th October 2020.

If you do not agree to the terms and conditions contained in this End User Licence Agreement, do not subscribe, login, access or use our software or services.

Parties: When we say Harrier, we, our or us, we’re talking about the Harrier entity you contract with and pay fees to for your subscription to the Harrier Sheds product or service you’re using. When we say you or your, we mean both you and any person, entity or business you have authorised to use our services.
Our services: Our services consist of all the services we provide now or in the future, including our online design and estimating products and services.
Your subscription: When you create a subscription to use our services and accept these terms, you become a subscriber. Each subscription allows up to a maximum of five (5) users.
The right to use our services: We grant you the right to use our services for as long as you continue to pay for the subscription or until the subscription is terminated or suspended.
Access and maintenance: We strive to ensure our online services are available 24 hours a day. On occasion we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
Support: We have detailed training guides and online support available under the Help tab on your Harrier portal.
What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in intellectual property, copyright, trademarks, design, compilation, and look and feel of our services. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.
Trial subscriptions: When you first subscribe, you can opt for a free trial period, based on the terms specified at the time. If you choose to continue using our services after the trial period, you’ll be billed on a monthly basis. If you choose not to continue using our services following the specified free trial period, you may delete your subscription by notifying us in writing and cancellation of our service will be effective from the date of notification.
Subscription Pricing and Payment: Your use of our services requires you to pay a monthly subscription fee, charged in advance. Our pricing consists of the subscription fees and other services described in our latest price list. Our price list may vary by country or region. We may update or amend our pricing from time to time upon one months’ notice.
Data use and privacy: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services, allow improvements; develop and protect our services; create new services; and communicate with you. We respect your privacy and take data protection seriously.
Third Party Suppliers: We make no representation or commitment in relation to any of your dealings with third parties and shall have no liability or obligation arising from these dealings.
Indemnity: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (unless we are at fault) including but not limited to: any infringements arising from the modification of our services by anyone other than us; misuse of our services; use of our services in a manner contrary to this agreement.
Limitation of Liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows: any loss of revenue, goodwill, customers, capital, costs, indirect or consequential loss, damage or expense; loss of data (if reasonable steps taken to recover that data from backups); total aggregate liability is limited to the total subscription fees paid in the 12 months preceding the date on which the claim giving rise to the liability arose.
Termination: Either party can choose to terminate a subscription by providing one month’s written notice to the other party. The termination date is one month from the date of notification. You will still need to pay all relevant subscription fees up to and including the day of termination. We may terminate or suspend a subscription immediately if: you breach any of these terms without remedy within 14 days; you fail to pay subscription fees or you or your business becomes insolvent.
Events outside our control: We shall have no liability for non-performance of our obligations under this Agreement due to acts, events, omissions or accidents beyond our reasonable control.
Variation: We may update these terms on occasion. We will endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email. If a change isn’t material, we may not notify you.
Waiver: No failure or delay by a party to exercise any right or remedy under this agreement or by law shall constitute a waiver of that right or remedy or restrict its exercise in any way.
Rights and Remedies: Except as expressly provided in this agreement, the rights and remedies provided herein are in addition to, and not exclusive of, any rights or remedies provided by law. To the extent permitted by law, the Consumer Guarantees Act (NZ) and Consumer Act (Australia) will not apply to the services.
Severance: If any part of this Agreement is found to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part were deleted, the provision shall apply with any necessary modification to give effect to the commercial intention of the parties.
Entire Agreement: This Agreement and any documents referred to in it, constitutes the whole agreement between the parties, and supersedes any previous agreements.
Assignment: You shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any manner with all or any of your rights or obligations under this Agreement. We may at any time assign, transfer, charge, sub-contract or deal in any manner with all or any of our rights or obligations under this agreement.
Notices: Any notice required by this agreement shall be delivered in writing to the relevant party from time to time, by way of: registered mail or courier or using the email address provided to us through your subscription.
Governing law: This Agreement shall be governed by and construed in accordance with the law of Australia for Australian based subscribers and the law of New Zealand for New Zealand based subscribers.
Interpretation
1. Agreement means these terms, together with the current price list.
2. Users means you and any person you authorise to login and use our services. Each subscription allows up to a maximum of five (5) users.
3. Intellectual Property includes but is not limited to the copyright, database rights, trade secrets, trade names, trademarks (registered or otherwise), or any other right or licenses that are the property of Harrier.
4. Quote means a distinct quote that increases your tally of quotes per month. A quote fee is charged if:
  1. a user submits a quote with a new quote reference (even if in the same location as a previous quote), or
  2. a user ‘Edits’ an existing quote and the building location moves more than 500m (more or less) based on the google map location.

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