Last Updated: October 26, 2024
Welcome to Himberry! These terms and conditions outline the rules and regulations for the use of Himberry's Website and services. Our primary office is located in Sydney, Australia. By accessing this website and engaging our services, we assume you accept these terms and conditions in full. Do not continue to use Himberry's website or services if you do not accept all of the terms and conditions stated on this page.
1. Definitions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to Himberry. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of New South Wales, Australia.
2. Services
Himberry provides consultancy services including, but not limited to, assistance in entering international markets (particularly the Asia-Pacific region), optimization of tax and financial processes, and accompaniment of deals with investors ("Services"). All Services are provided based on the information supplied by the Client, and we rely on the accuracy and completeness of this information. Our recommendations and advice are for guidance purposes only and do not constitute legal, financial, or investment guarantees. The scope of services for each engagement will be detailed in a separate agreement or proposal.
3. Intellectual Property Rights
Other than the content you own, under these Terms, Himberry and/or its licensors own all the intellectual property rights and materials contained in this Website and provided as part of our Services (e.g., reports, analyses, strategic plans). This includes copyrights, trademarks, trade secrets, and other proprietary rights. You are granted a limited license only for purposes of viewing the material contained on this Website and for utilizing our Services as per your engagement agreement. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. This protection extends to all methodologies, templates, and proprietary tools developed by Himberry.
4. Restrictions on Use
You are specifically restricted from all of the following in relation to both the Website and our Services:
- Publishing any Website material or proprietary service deliverables in any other media without prior written consent.
- Selling, sublicensing and/or otherwise commercializing any Website material or service deliverables.
- Using this Website or our Services in any way that is or may be damaging to this Website, its users, or Himberry's reputation.
- Using this Website or our Services in any way that impacts user access or service delivery.
- Using this Website or our Services contrary to applicable laws and regulations, or in any way may cause harm to the Website, Himberry, or to any person or business entity.
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website or client data accessed through our Services without authorization.
- Using information obtained from our Services for any purpose not explicitly agreed upon in your service agreement.
Certain areas of this Website may be restricted from access by you and Himberry may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
5. Client Obligations and Content
If you provide any information or content to Himberry, including business plans, financial data, or other proprietary information ("Client Content"), you warrant that you have the right to share such content and that it is accurate and complete to the best of your knowledge. You retain ownership of your Client Content. However, you grant Himberry a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and analyze Client Content solely for the purpose of providing the agreed-upon Services. Himberry will treat Client Content with confidentiality as outlined in our Privacy Policy and any applicable Non-Disclosure Agreement.
6. No Warranties and Disclaimer
This Website and our Services are provided "as is," with all faults, and Himberry makes no express or implied representations or warranties, of any kind related to this Website, the information contained herein, or the outcomes of our Services. While we strive for excellence and apply professional diligence, we do not warrant that our Services will result in specific business outcomes or financial gains, as these are subject to numerous external factors. All information provided on the Website is for general informational purposes only and should not be considered professional advice tailored to your specific situation. You should consult with appropriate professionals for specific advice related to your business.
7. Limitation of Liability
In no event shall Himberry, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website or our Services, whether such liability is under contract, tort or otherwise. Himberry, including its officers, directors, and employees shall not be liable for any indirect, consequential, or special liability (including loss of profit, loss of data, loss of goodwill, or business interruption) arising out of or in any way related to your use of this Website or our Services. Our total liability to you for any and all claims arising from an engagement shall be limited to the amount of fees paid by you to Himberry for the specific Services from which the claim arises.
8. Indemnification
You hereby agree to indemnify to the fullest extent Himberry and its officers, directors, employees, and agents from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms, your use of the Website, or your violation of any applicable laws or rights of a third party.
9. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted or modified to the minimum extent necessary to make them enforceable without affecting the remaining provisions herein.
10. Variation of Terms
Himberry is permitted to revise these Terms at any time as it sees fit, and by using this Website and our Services, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website and our Services. We will indicate the date of the last update at the top of this page. Continued use of the Website or Services after any such changes shall constitute your consent to such changes.
11. Assignment
Himberry shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without our express prior written consent.
12. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website and any specific service agreements entered into with you, constitute the entire agreement between Himberry and you in relation to your use of this Website and our Services, and supersede all prior agreements and understandings with respect to the same.
13. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Sydney, New South Wales for the resolution of any disputes. Both parties agree to attempt to resolve any dispute amicably through negotiation before resorting to formal legal proceedings.
14. Fees and Payment
Fees for Himberry's Services will be outlined in a specific proposal or engagement agreement. Unless otherwise agreed, invoices are due upon receipt. Late payments may incur interest charges. All fees are quoted in Australian Dollars (AUD) and are exclusive of any applicable taxes (such as GST), which will be added to the invoice where required by law.
15. Termination
Either party may terminate a service engagement in accordance with the terms specified in the individual engagement agreement. Himberry reserves the right to terminate or suspend your access to the Website or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us:
Email: [email protected]
Address: Level 5, 100 Pitt Street, Sydney, NSW 2000, Australia
Or, visit our Contact Page.