Terms and Conditions

Bidhive and bidhive.com are owned and operated by Bidhive Pty Ltd (“Bidhive”, “BIDHIVE”, “we”, or “us”). This web page describes the terms and conditions governing your (“you”, “You”, “Your”) use of the Bidhive Service (“Bidhive Services”, “BIDHIVE SERVICES”) and this website and other on-line Portals hosted by Bidhive. By accessing this website or any Bidhive service, you signify that you have read, understood, and agree to be bound by these terms (“Terms of Use”). These Terms of Use represent a legal agreement between you and Bidhive Pty Ltd.

1 License

Bidhive grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Bidhive Services for personal or business purposes. You may not access the Bidhive Services if you are a competitor, except with prior written consent from Bidhive. In addition, you may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

2 Attribution

When using Bidhive, or content generated via Bidhive, for any purpose, you agree to:

  • Display the Bidhive Logo within your website or application;
  • Provide a clickable hyperlink to www.bidhive.com with the text: “Text Analysis by Bidhive” within your website or application; and
  • Provide attribution to Bidhive within any published works that are based on or mention Bidhive, or content generated by Bidhive, including but not limited to research papers and journal articles.
  • Provide attribution to Bidhive within all web pages or documents where Bidhive content and/or API results are used or displayed.

3 Modifications

We may from time to time modify these terms of use and will post a copy of the amended Agreement at https://bidhive.com/terms. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Bidhive Services, or, if applicable, cancel your Bidhive Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Bidhive Services after any amendments are posted on the Site.

4 Restrictions

You agree that you will not:

  • access or reverse engineer the Service in order to:
    • (i) build a competitive product or service,
    • (ii) build a product using similar ideas, features, or functions of the Service, or
    • (iii) copy any ideas, features, or functions of the Service;
  • publish or perform any benchmark or performance tests or analysis relating to the Service or the use thereof without express authorisation from Bidhive;
  • utilise the information provided by the Bidhive Services to create a service similar to Bidhive or any other Bidhive service, including but not limited to: text analysis services, meta-data extraction, retrieval, or entity extraction services, and content categorisation services;
  • create or use multiple Bidhive keys;
  • republish information provided by the Bidhive Services in a bulk format;
  • use the Bidhive Services to reproduce copyrighted materials;
  • make the Bidhive Services available over a network (other than Bidhive’s network) where it could be used by others;
  • translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Bidhive Services, features or ideas from the Bidhive Services, or any portion of them;
  • circumvent any technology used by Bidhive or its licensors to protect information accessible via the Bidhive Services;
  • sell, rent, lease, transfer, or sublicense any of the Bidhive Services;
  • utilise or enable a third party to utilise Bidhive via any means that bypasses this agreement or the Bidhive API Key registration process, including but not limited to: proxy servers, spiders, scraping robots, or other technology;
  • distribute, facilitate, or enable access to Bidhive Services in any manner deemed by Bidhive in its sole discretion to be objectionable or harmful to the business or reputation of Bidhive;
    • use the Bidhive Services in conjunction with deep packet inspection and/or any form of network surveillance technology;
    • use the Bidhive Services to monitor Internet and/or other telecommunications traffic; or
    • use the Bidhive Services in any way that violates the terms of this Agreement.

5 Copyrights

As between you and Bidhive, you acknowledge that Bidhive owns or has a license to all title and copyrights in and to the Bidhive Services. All title and intellectual property rights in and to the content available through the Bidhive Services is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
You understand that Bidhive may retain a copy of the metadata generated by the Bidhive Services. By generating metadata through the Bidhive Services, you grant Bidhive a non-exclusive perpetual, sub-licensable, royalty-free license to that metadata. Bidhive’s use of this metadata is governed by the terms of the Bidhive Privacy Policy.
Please note that Bidhive does not retain the raw textual content submitted to the Bidhive service and does not claim copyright or license for any submitted content.

6 API Key

Bidhive may provide you with an API Access Key that will enable you to access the Bidhive Services. Your use of this API Access Key is governed by the terms of this agreement. Your API Access Key should be considered private information and should not be provided to any person. Failure to abide by these terms may result in the termination of your access to Bidhive Services.

7 Bidhive Trademarks and Third-party Trademarks

The following are registered trademarks or trademarks of Bidhive: Bidhive, the Bidhive design logo, as well as certain other Bidhive trademarks, service marks, graphics, and logos (collectively, the Bidhive Trademarks) used in connection with the Bidhive Services. The Bidhive Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Bidhive Trademarks or the trademarks of any third party.

8 Limited Relationship

You and Bidhive are independent contractors, and nothing in these Terms of Use shall be construed as creating an employer-employee relationship, a partnership, or a joint venture. While you may publicly refer to the fact that you have implemented the Bidhive Services, you agree not make any other public statements that assert or imply any other relationship with Bidhive, unless you have Bidhive’s prior written approval.

9 Privacy Policy

Unless otherwise addressed in this Agreement, the Bidhive Services are subject to Bidhive’s Privacy Policy, that can be found at https://bidhive.com/privacy and that by reference is made a part of this Agreement. It is important that you read and understand the terms of Bidhive’s Privacy Policy. Bidhive may cooperate with and disclose information (including your Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the Bidhive Services.

10 Indemnification

You agree to hold harmless and indemnify Bidhive, and its subsidiaries, affiliates, officers, agents, employees, and suppliers, from and against any third party claim arising from or in any way related to your or your users’ use of the Bidhive Services, use of Bidhive & Bidhive Brand & Links other than as set forth in the Bidhive Attribution Requirements, violation of these Terms of Use or other actions connected with use of Bidhive services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Bidhive will provide you with written notice of such claim, suit or action.

11 Warranties

This site, the materials, data, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this service, is at your sole risk. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the site. We do not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free.

14 Liability Limitations

In no event shall Bidhive, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of the Bidhive Services. Some jurisdictions do not allow the exclusion or limitation of liability so the above limitations may not apply to you.

13 Termination

Bidhive has the right (though not the obligation) to, in Bidhive’s sole discretion: (a) refuse to provide the Bidhive Services to you, if it in Bidhive’s reasonable opinion violates this agreement or is in any way harmful or objectionable, or; (b) immediately terminate or deny access to and use of the Bidhive Services to any individual or entity for any reason, at Bidhive’s sole discretion.

14 Liability Limitations

During and after the term of the Agreement, with respect to any of the Bidhive Services that you elect to use, you will not assert, nor will you authorise, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), licensors, sublicensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

15 Copyright Notices

If you believe that your own copyrighted work is accessible on the Service in violation of your copyright, you may provide our Designated Agent with a written communication in line with current U.K. Copyright Law, which contains substantially the following information:

(a). Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.examplepage.com/exampleitem.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that site.
(b).Identify the URL or other specific location on the Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: http://www.bidhive.com/example.”
(c). Provide the electronic or physical signature of the owner of the copyright or a person authorised to act on the owner’s behalf.
(d). Include a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
(e). Include a statement by you that the information contained in your Notification is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorised to act on the copyright owner’s behalf.
(f). Include your name, mailing address, telephone number and email address.

16 Force Majeure

Bidhive shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Bidhive’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

17 Governing Law

By using the Services, you agree that the laws of Australia, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. The parties expressly exclude application of the United Nations Convention for the International Sale of Goods to this Agreement.

18 Data Privacy and Sharing

Bidhive may implement and use Display Advertising using Remarketing through Google Analytics. You can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads using Ads Preference Manager. You can also install a Google Analytics opt-out browser add-on: https://tools.google.com/dlpage/gaoptout/
Bidhive.com may use Remarketing with Google Analytics to advertise online. Third-party vendors, including Google, show Bidhive ads on sites across the Internet. Bidhive and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimise, and serve ads based on someone’s past visits to your website.