These Terms of Service govern your use of our website and platform, accessible at harvy.au, and any related services provided by Knkt Digital Pty Ltd.

By using Harvy, you acknowledge the scope of our services and agree to these terms. If you do not agree with these Terms of Service, please refrain from using Harvy and any associated services.

We reserve the right to modify these Terms of Service at any time, and such modifications will be effective immediately upon posting the updated terms on this page.

These Terms of Service were last updated on May 22, 2024.

Responsibility of Use

Harvy is designed to assist with accuracy checks for NHVR work diary sheets, and the materials and data provided by Harvy are intended to support your compliance processes. However, Knkt Digital Pty Ltd does not guarantee 100% accuracy of the information processed by Harvy due to potential human and machine error. It is the user's responsibility to review all Harvy outputs thoroughly before making any compliance decisions, and to perform final breach checking and validation.

It is important to note that the use of Harvy or any information derived from our website does not establish Knkt Digital Pty Ltd as a part of the user's chain of responsibility (CoR), as defined under transportation and logistics laws and regulations. Users retain full responsibility for ensuring their compliance with all applicable laws and regulations, including but not limited to those concerning the chain of responsibility in their jurisdiction. Knkt Digital Pty Ltd disclaims any liability for non-compliance with such laws and regulations and advises users to seek professional legal advice to fully understand their obligations.

By using Harvy, you agree to the following:

• You will not rely solely on Harvy for compliance and breach detection.

• You acknowledge that the responsibility for ensuring adherence to regulations remains with you.

• Knkt Digital Pty Ltd is not liable for any discrepancies or issues arising from the use of Harvy.

• Harvy is intended as a tool to aid in your compliance efforts, not to replace them.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

• modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

• remove any copyright or other proprietary notations from any materials and software on this website;

• transfer the materials to another person or "mirror" the materials on any other server;

• knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Knkt Digital Pty Ltd provides;

• use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

• use this website or its associated services in violation of any applicable laws or regulations;

• use this website in conjunction with sending unauthorised advertising or spam;

• harvest, collect, or gather user data without the user’s consent; or

• use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Knkt Digital Pty Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Knkt Digital Pty Ltd or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Knkt Digital Pty Ltd or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Knkt Digital Pty Ltd and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Knkt Digital Pty Ltd at any time.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Western Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

User Obligations

As a user of Harvy, you commit to:

• Use Harvy in accordance with these Terms and applicable laws.

• Ensure that all data inputs are accurate to the best of your knowledge.

• Regularly review and validate outputs provided by Harvy.

For questions regarding these terms, please contact us at hello@harvy.au.