1. INTRODUCTION

1.1

This Acceptable Use Policy forms a part of, and are subject to, the Buttonwood Terms of Use.

1.2

In this document:

  1. a. ‘we’, ‘our’ and ‘us’ means BUTTONWOODCX PTY LTD T/A BUTTONWOOD CLOUD EXCHANGE ACN 129 347 468 of C/- PWC 28 Sydney Ave, Forrest ACT 2603;
  2. b. ‘customer’ or “you” means a user of our Services; and
  3. c. ‘complainant’ means a person who complains of or alleges unacceptable use by a customer.

1.3

This Acceptable Use Policy AUP (AUP) outlines what we deem to be unacceptable use of any elements of our Services which allow our customers to post content on the Buttonwood Website or other platforms which we make available to our customers (Customer Forums).

2. WHO DOES THIS AUP APPLY TO?

This AUP sets out our expectations of the way our customers will share content on the Customer Forums.  It also details how complainants can make complaints about our customers’ use of the Customer Forums.

3. CHANGES TO THIS AUP

3.1

We may modify or amend this AUP from time to time. We will display a notice on our website indicating when any such revisions have been made.  This Policy was last updated on 25th July 2016. Changes to this AUP will become effective upon their publication on our website and a customer’s use of the Services following publication of any amended version of this agreement will constitute acceptance of the amended terms.

4. REGISTRATION

4.1

You will not be able to post or share content on our Customer Forums unless you have a registered account.

4.2

You must ensure that all registration information you provide to us is correct, and must not impersonate any other person.

4.3

By registering to use the Customer Forum, you confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.

5. WHAT IS UNACCEPTABLE USE?

5.1

Any use of our Customer Forum that contravenes any laws or regulations is, by definition, unacceptable use. You are strongly advised to familiarise themselves with these laws and to operate within them.

5.2

In addition, we impose additional restrictions on the use of our Customer Forums to ensure that they operate fairly for all customers and to safeguard our good name and reputation.

5.3

You must not use the Customer Forum or allow a Customer Forum to be used in any way that:
a. Breach of law:

  1. results in you or us breaching, or being involved in a breach of law, order, code, instrument or regulation;
  2. stores, sends or distributes any content or material which is restricted, prohibited, other otherwise unlawful under any applicable Commonwealth, State or Territory law;

b. Obscene, defamatory, offensive, abusive: displays, accesses, makes available, publishes, or distributes or otherwise is involved in making material available that a reasonable person would consider obscene, defamatory, threatening, abusive, inciting of violence or hatred, or offensive;
c. The rights of others:

  1. violates a person’s privacy;
  2. infringes on any person’s rights (including intellectual property rights, proprietary rights and moral rights);
  3. constitutes a misuse of any person’s confidential information;
  4. results in a breach by a customer of any obligation that they owe to any person;

d. Prohibited and Restricted content:

  1. sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;
  2. sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Classification Branch of the Attorney-General’s Department (Classification Board);

e. Protection of minors: enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
f. Illegal business practices and gambling:

  1. engages in any misleading or deceptive conduct;
  2. involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

g. Damage to property or people:

  1. results, or could result, in damage to property or injury to any person;
  2. harasses, menaces or stalks people;
  3. accesses, monitors, interferes or uses any data, system or network of another person without authority including attempts to probe, scan or test the vulnerability of any data, system or network;
  4. accesses, downloads, stores, sends or distributes any viruses or other harmful programs or material including but not limited to Trojan horses, worms, time bombs or cancelbots.

h. Our Service:

  1. manipulates or bypasses our usage limits either by manual or electronic means;
  2. undertakes any activity which impedes or interferes with our ability to provide our Services;
  3. damages our commercial wellbeing, reputation or brand;

i. Excessive Resource Usage:

  1. would result in an excessive load being generated on our servers, network, or other resources; or
  2. would create any undue burden on other our customers or our Services.

5.4

To the extent permitted by law, we reserve the right to decide whether any action or omission constitutes unacceptable use and our decision will be final.

6. SPAM

6.1

Customers must comply with the Spam Act 2003 (Cth) (Spam Act) and otherwise not engage in practices with would result in a breach of the Spam Act.

7. TAKE DOWN AND SUSPENSION

We may

7.1

down or amend any material which you place on the Customer Forums; and

7.2

suspend or cancel your account or access to the Customer Forum,
if, in our reasonable opinion, you have breached any of your obligations under this AUP, including the restrictions under sections 5 or 6.

8. YOUR CONTENT

8.1

By posting your content on our Customer Forum, you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence (including a right of sublicence) to use, copy, modify and otherwise exploit your content in any form or on any medium and for any purpose.

8.2

You must ensure that you have all necessary rights to grant us such licence, and that none of your content infringes the rights (including intellectual property rights) of any other person.

8.3

We do not warrant the accuracy, completeness, or usefulness of any information presented on the Customer Forums. The posted messages express the views of the author, and not the views of Buttonwood or any of its related bodies corporate.

8.4

You agree to indemnify and hold Buttonwood (including, its directors, officers, employees, consultants, and shareholders) harmless from any claim made by any other person arising out of your content.

8.5

We are not required to ensure the long-term storage of your content. In addition to the rights described in section 7, we may remove the Customer Forum in its entirety, or delete or archive old content, at any time. If you wish to reuse your content, it is your responsibility to keep a copy of it.

9. COMPLAINTS PROCESS

9.1

Subject to clauses 9.2 and 9.3, complaints about a customer of ours should be sent to operations@buttonwood.com.au. Notification of a complaint should include the following information:

  1. account holder’s full name;
  2. account username;
  3. daytime contact numbers; and
  4. details of the complaint including dates, times, any of our staff a complainant has spoken to and the response a complainant received, and the nature of the complaint.

9.2

If we receive a complaint about a customer, we may refer it to the appropriate government agency or authority for action (which may include the Australian Federal Police, Privacy Commissioner, Australian Competition and Consumer Commission, or ACMA).

10. LIABILITIES AND INDEMNITIES

10.1

We will not be liable for any loss you might incur if we suspend or terminate your account under the terms of this AUP where in our reasonable opinion:

  1. you have breached the terms of this AUP;
  2. we are required to do so by law; or
  3. we acted reasonably.

10.2

We cannot guarantee that the Customer Forum will always remain available. This includes where planned or unplanned maintenance occurs, or there are difficulties in internet communications.

10 .3

For clarification, the limitations and exclusions of liability in the Buttonwood Terms of Use apply to any Customer Forums.

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