Terms of Service

Welcome to ihub.


Our Terms of Service are here to Protect your Business.


Revision Date: 8th September 2020


These Terms of Service (these "Terms") govern your use of the ihub website (the "Site"), ihub Webapplication (the "WebApp") and the ihub App (the "App") and associated tools (collectively, the "Service") made available by Point9 Digital Ltd trading as ihub. ("ihub", "our", "us", or "we"). Your use of the Site, WebApp and App and/or your registration to use the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, "you") to be bound by these Terms as well as the ihub Privacy Policy. Please read these Terms carefully before registering for or otherwise using the ihub Service.


I. Overview

ihub provides a platform to easily manage assets, staff and their certifications, in order to meet the Health and Safety requirements of an organisation. ihub is subscription based and the subscription fee is calculated on the number and type of the users. ihub has the following type of users.

Basic User
  • Ability to scan on and off site,
  • Ability to scan equipment and to see certification status.
Full User
  • Ability to scan on and off site,
  • Staff tracking on site,
  • Staff certification tracking,
  • Product and Equipment tracking,
  • Equipment and installations tracking,
  • Able to scan equipment to see certification status,
  • Visual asset register.
Administrator
  • Same as Full User,
  • Ability to change User rights in ihub and to manage staff.
Owner
  • Same as Full User & Administrator,
  • Creator of the Organisation.

By registering for a ihub account, you acknowledge that the account administrator/owner of your organisation has control of and access to Your Content (as defined below). Furthermore, you (1) agree to comply with your organisation's terms and policies with regard to your use of the Service; (2) acknowledge your organisation's ability to monitor, restrict or terminate your or other users' access to Your Content; and (3) acknowledge your organisation's ownership of the ihub Team or ihub Organisation account.


II. Registration

Use of the Service requires that you register with ihub. When you register with ihub, you will be asked to disclose certain personal information, including your name and email address, and to set up a username and password, all of which will be subject to our Privacy Policy. You are responsible for all activities that occur under your account and for keeping your password and log-in information secure. You agree that you (1) will monitor your account, (2) will not share your account or password with anyone, and (3) will notify ihub immediately of any unauthorised use of your account or password, or any other breach of security. You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.


III. Payment

If you register for ihubSkinny, ihub Basic, ihub Advanced, ihub Advanced Delux or ihub Premium (collectively, "ihub Subscription"), you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide ihub with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) ("Payment Provider") as a condition to signing up for the ihub Subscription.

Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. By providing ihub with your credit card number and associated payment information, you agree that ihub is authorised to verify information immediately, and subsequently invoice your account for all fees and charges due and payable to ihub hereunder and that no additional notice or consent is required. You agree to immediately notify ihub of any change in your billing address or the credit card used for payment hereunder. ihub reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organisation's administrator(s).

Any legal fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. All fees for the Service are non-refundable. No contract will exist between you and ihub for the Service until ihub accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using the Service.


IV. Changes to and Your Termination of the Service

  1. You acknowledge and agree that ihub may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at ihub's sole discretion, without prior notice to you (except that if you are a ihub Subscription customer, ihub will notify you and not charge you for any Service that you have not received). You may stop using the Service at any time. You do need to inform ihub when you stop using the Service and you want to cancel your ihub Subscription. Because the ihub Subscription is charged in arears, you agree to pay the full amount of the ihub Subscription until the completion of the subscription cycle.
  2. You acknowledge and agree that if ihub disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

V. User Conduct, Commitments and Understandings

  1. You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by ihub, unless you have been specifically allowed to do so in a separate agreement with ihub.
  2. You, directly or indirectly, alone or with any other party, may not:
    • modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service ("Software"), or remove proprietary legends in the Service or Software;
    • distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;
    • make the Service or Software available to others in a service bureau arrangement or for any similar commercial time-sharing or third party training use
    • harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity
    • upload any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
    • post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
    • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • violate (intentionally or unintentionally) any applicable national or international law including, but not limited to, any regulations having the force of law; or
    • interfere with or disrupt the Service or Software, or servers or networks connected to the Software, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Software.
  3. You agree that you are solely responsible for (and that ihub has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ihub may suffer) of any such breach. To the extent ihub incurs any financial penalties or other costs and expenses (including investigation expenses) from ihub's server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse ihub for any such penalties, costs or expenses.
  4. You understand that all information (such as data files, written text, photographs or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such materials originated, which may be you. While ihub uses reasonable efforts to include accurate and up-to-date information on the Site, ihub makes no warranties or representations as to its accuracy. ihub assumes no liability or responsibility for any errors or representations in the content available on the Site (the "Content").
  5. You agree that you are solely responsible for (and that ihub has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ihub may suffer) of any such breach. To the extent ihub incurs any financial penalties or other costs and expenses (including investigation expenses) from ihub's server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse ihub for any such penalties, costs or expenses.
  6. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the "External Sites"). You acknowledge that ihub is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
  7. You agree that you are solely responsible for (and that ihub has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ihub may suffer) of any such breach. To the extent ihub incurs any financial penalties or other costs and expenses (including investigation expenses) from ihub's server hosting facility, internet service provider or other vendors because of your use of the Software, you shall be obligated to immediately reimburse ihub for any such penalties, costs or expenses.
  8. You acknowledge that by accessing the Site, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that ihub shall have no liability to you for the Content including, but not limited to explicit language and other potentially offensive material. You agree not to impersonate any person or communicate under a false name or a name you are not entitled or authorised to use. ihub has the right (but not the obligation) to remove, prohibit, edit or discontinue any Content on the Site, including Content that has been posted by users.
  9. You retain sole ownership of any Content you post or any other material you submit using the Service ("Your Content"). You hereby grant ihub and its affiliates a revocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce and display Your Content solely for the purpose of providing the Service to you. ihub will not use Your Content for any other purpose or distribute Your Content to any third party without your permission. You represent and warrant that Your Content will be your original work product and will not be based on, or derived from, the proprietary information or materials of a third party. Furthermore, you represent and warrant that your use of the Service in connection with Your Content or any third party content complies with all laws including, but not limited to, copyright law. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service. The licenses granted in Your Content terminate within a commercially reasonable time after you remove or delete Your Content from the Service; however, you understand, acknowledge and agree that ihub may retain, but not display, server copies of Your Content that has been removed or deleted. You grant ihub and its affiliates a perpetual and irrevocable license to use and display any comments you add via the Service. You will defend, indemnify and hold ihub and its affiliates harmless from and against any claims resulting from any of Your Content.
  10. At your discretion, you may provide feedback to ihub concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements ("Feedback"). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to ihub. In the event ownership in the Feedback cannot be granted to ihub, you grant ihub at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such feedback without restriction. You agree that ihub may disclose that Feedback to any third party in any manner and you agree that ihub has the ability to sublicense all Feedback in any form to any third party without restriction.
  11. ihub may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
  12. You shall not transmit to ihub or upload to this Site, WebApp and App any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorised person to cause such result; or (c) would enable an unauthorised person to access another person's information without such other person's knowledge and permission.
  13. You may not use your username and password for any unauthorised purpose.

VI. Monitoring and Enforcement; Termination

ihub has the right to:

  1. Remove any of Your Content for any or no reason at our sole discretion.
  2. Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for ihub
  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Service or the Site.
  4. Terminate or suspend your access to all or part of the Service or the Site for any violation of these Terms.
  5. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the Site. YOU WAIVE AND HOLD HARMLESS ihub AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
  6. However, we do not undertake to review Content before it is posted via the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

VII. Indemnity

You agree to indemnify, defend and hold harmless ihub, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms.


VIII. Data Processing

To the extent that ihub processes any personal data on your behalf in providing the Service that is subject to the EU General Data Protection Regulation ("GDPR"), the terms of ihub's data processing addendum, which are hereby incorporated by reference, shall apply and the parties agree to comply with such terms.


IX. Governing Law

Your use of the Service and these Terms shall be governed by, and construed in accordance with New Zealand laws without reference to the choice of law or conflicts of law principles thereof, and all claims relating to or arising out of your use of the Service or these Terms, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of New Zealand without reference to the choice of law or conflicts of law principles thereof.


X. Disclaimer of Warranties

THE MATERIALS, CONTENT ON THIS SITE AND SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ihub SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. ihub MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, ihub DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LOON IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.


XI. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL ihub OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF ihub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. ihub'S AND ITS LICENSORS' ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ihub FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED, EVEN IF ihub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.


XII. Entire Agreement; Modifications

These Terms constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of these Terms is a separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for these Terms to remain in effect in accordance with its terms as modified by such reformation. These Terms may not be modified, supplemented, amended or interpreted by any trade usage or prior course of dealing unless specifically agreed upon in writing. Reasonable legal fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of these Terms.


XIII. Force Majeure

ihub shall not be liable to you for any delay or failure of ihub to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of ihub. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labour strike, or delays by you in performing any requirements hereunder.


XIV. Dispute Resolution

New Zealand Courts' shall have exclusive jurisdiction and venue over any dispute arising out of these Terms and sale, and you hereby consent to the jurisdiction of such courts. Any dispute, controversy or claim arising under, out of or relating to these Terms and any subsequent amendments of these Terms, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the New Zealand International Arbitration Centre ("NZIAC") in accordance with the NZIAC Commercial Arbitration Rules. The place of arbitration shall be Auckland, New Zealand. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this Section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. These Terms do not constitute a waiver of any of your rights and remedies to pursue a claim individually in binding arbitration, but not as a class action. This provision preventing you from bringing, joining or participating in any class action lawsuits is an independent covenant.


XV. Questions and Comments

If you have any questions regarding these Terms, please Click here to send us an email at support@ihublogin.com.


XVI. Notices

All notices regarding these Terms and the Service will be provided in writing to you by e-mail using the contact information provided by you upon registration. Notice will be deemed given one (1) business day after e-mail transmission from ihub, or two (2) business days after the date of posting.