Terms of use: the full version.

These terms apply to your use of kestrel.hoverpoint.io, which is operated by Hoverpoint.io Pty Ltd (ABN 87 703 233 667) (“Hoverpoint”, “we”, “us” or “our”). By using this website, you agree to these terms. If you do not agree, please do not use the website.

1. What these terms cover

These terms cover this website, including its pages, films, content and any forms on it. They do not cover Kestrel, the application at app.kestrel.hoverpoint.io. A school uses Kestrel under its licence agreement with Hoverpoint, and that agreement applies instead of these terms.

2. Information on the website

The content on this website is general information about Kestrel. It is not professional advice, and you should not rely on it as advice.

We take care to keep the content accurate and current, and we update it as Kestrel changes, but we do not promise that it is complete, accurate or up to date at every moment. The people and records shown in screenshots and films are invented.

What we supply to a school, and the price, are set in that school’s agreement with us. Where this website and an agreement differ, the agreement applies.

3. Using the website

You may view and use this website for your own information and to evaluate Kestrel. You may link to it and share it, and you may quote or print its content to evaluate Kestrel, including in procurement papers, board papers and tender responses, as long as you name Kestrel as the source.

You must not:

• use the website for anything unlawful, or in a way that could harm us or anyone else
• copy, reproduce, republish or mirror the website or its content, except as these terms allow, or pass any of it off as your own
• scrape or harvest content or data from the website by automated means, or use it to train artificial intelligence or machine learning systems
• try to gain unauthorised access to the website or the systems behind it, test their security without our written permission, or request pages at a rate that degrades the website for others
• introduce viruses, malware or any other harmful code
• give us false information, or send us material that you do not have the right to share.

If you find a security weakness, please tell us at security@hoverpoint.io.

4. Information you send us

If you contact us or send us information, you must make sure it is accurate and that you are allowed to share it.

Please do not send us confidential or sensitive information through the website or by email unless we have asked for it.

Our privacy policy explains how we collect, use and protect personal information.

5. Our intellectual property

We, or our licensors, own the intellectual property in this website and its content. This includes the text, screenshots, films, design, graphics and code. Using the website gives you the permissions in clause 3 and transfers no ownership.

The Kestrel name and mark are ours. You may not use them without our written permission, except to name Kestrel as a source under clause 3.

The Geist and IBM Plex Mono typefaces are used under the SIL Open Font License and remain their owners’. Other third-party material is used under its own licence.

If you send us ideas or feedback, we may use them freely and without any obligation to you.

6. Links to other websites

Links to app.kestrel.hoverpoint.io and hoverpoint.io lead to our own sites. This website may also link to websites run by other people. We do not control those websites and are not responsible for their content or how they handle your information. A link does not mean we endorse a website, and that website’s own terms apply to it.

7. Availability

We may change, move, suspend or remove any part of this website at any time. We do not promise that the website will always be available or free of errors. It may be unavailable at times, including during maintenance.

8. Your rights under the Australian Consumer Law

Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law, the Competition and Consumer Act 2010 (Cth) or any other law that cannot be excluded.

Where the law allows us to limit our liability for breaching one of those rights, our liability is limited to supplying the services again or paying the cost of having them supplied again.

If anything else in these terms conflicts with this clause, this clause applies.

9. Liability

This clause is subject to clause 8.

We provide this website free of charge. To the extent the law allows, we are not liable for any loss or damage that arises from:

• your use of the website or your reliance on its content
• the website being unavailable or containing errors.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else the law does not allow us to limit.

10. Changes to these terms

We may update these terms from time to time by publishing a new version on this page. The version and date at the top tell you which edition you are reading, and the version published when you use the website applies to that use.

11. General

Severability: if any part of these terms is invalid or unenforceable, that part is removed and the rest of the terms continue to apply.

No waiver: if we do not enforce a right straight away, we can still enforce it later.

Using the website from overseas: if you visit the website from outside Australia, you are responsible for complying with the laws that apply where you are.

Governing law: these terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales.

Contact: if you have a question or complaint about these terms, write to us at sales@hoverpoint.io.