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Acceptable Use Policy

BACKGROUND

This Acceptable Use Policy sets out the terms between You and Us under which You may use or access Our Websites. This Acceptable Use Policy applies to all Users of any of Our Websites.

Your use of any of Our Websites means that You accept, and agree to abide by, all the terms stated in this Acceptable Use Policy, our General Terms and Privacy Policy.

PROHIBITED USES

You the User hereby undertake that You shall use Our Websites only for lawful purposes.

You Shall not use Our Websites in any of the following circumstances:

  • In any way that breaches any applicable local, national or international laws (including, but not limited to the Data Protection laws currently in force and as from time to time amended, revised or updated).
  • If You do not have the capacity to enter into binding contracts for any reasons whatsoever [such as that You are a minor or are of unsound mind].
  • If, being an individual, You are not, at least, twenty one [21] years of age.
  • In any way that is unlawful, illegal, deceitful, criminal or fraudulent, or has any unlawful or fraudulent purpose, objective or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards as described below.
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional materials or any other forms of similar solicitation (such as spam).
  • To knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, designed to adversely affect the operation of any computer software or hardware, of any other persons or entity including Us.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of Our Websites in contravention of the provisions of our General Terms.
  • Not to access, without authority, interfere with, damage or disrupt: any part of Our Websites; any equipment or network on which Our Websites or our data are stored; any software used in the provision of Our Websites; or any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on Our Websites, including, without limitation:

  • Messaging.
  • Bulletin boards.
  • Public enquiry.
  • Loan application.
  • Comment.

(hereafter "interactive services").

Where We provide any interactive services, We will specify rules about the kinds of services offered, if it is moderated or unmoderated, and, if moderated, what form of moderation is used (including, whether it is human or technical).

We will exercise our best efforts to assess and judge any possible risks for Users from third parties when they use any interactive service provided on Our Websites, and we will decide in each case whether it is appropriate to use moderation on the relevant Service (including the type of moderation to be used) in light of those risks.

You hereby accept that we are under no obligation to oversee, monitor or moderate any interactive service we provide on Our Websites, and we shall not be held responsible or liable for any harm, loss or damage arising from the use of any interactive service by a User, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation cannot be foolproof and is subject to abuse. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide You with a means of contacting the moderator, should a concern or difficulty arise which you seek addressed.

CONTENTS STANDARDS

These Content Standards apply to any and all material which You contribute to Our Websites ("Contributions"), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter of the rules here expressed. The standards are intended to apply to all parts of any Contribution.

The Contributions shall:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable laws of both the country where the User is accessing the website, and in any country from which they are posted [if the latter is in a different country].

The Contributions must not:

  • Contain any material which is libelous or defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Display or Promote sexually explicit material.
  • Display or Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right, trade mark or other intellectual property rights of any other person.
  • Infringe any legal rights of any person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence to hold certain information secret or confidential.
  • Promote or encourage any illegal activity.
  • Be threatening, abusive or invasive of another's privacy, or causing annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any person.
  • Be used to impersonate any person, or to misrepresent the identity of the contributor with some other person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful or illegal act, such as infringing intellectual property rights of a third party or any form of computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our whole discretion, whether there has been a breach of the Acceptable Use Policy terms through your use of Our Websites. When a breach of this policy has occurred, we may take such action as we deem proper and appropriate.

Failure to comply with the Acceptable Use Policy terms shall constitute a material breach of the General Terms upon which You are permitted to use Our Websites, and may result in our taking any or all of the following actions:

  • An immediate, temporary or permanent withdrawal of your right to use any or all of Our Websites Products or Services, including our interactive services.
  • An immediate, temporary or permanent removal of any posting or material uploaded by You to Our websites.
  • The issue of a warning to you.
  • The institution of Legal proceedings against You, for reimbursement of all costs and expenses on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from any breach by you which causes loss, damage and expense to Us.
  • Further legal action against you to protect or enforce any legal rights.
  • Our disclosure of information to law enforcement or regulatory authorities in any country [including where you reside] which we deem necessary or is warranted.

We exclude liability for actions taken in response of breaches of this Acceptable Use Policy. The responses described in this policy are not limited to the aforesaid, and we may take any other actions we deem is proper or appropriate to protect Our rights or the rights of innocent Users and Third Parties.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this Acceptable Use Policy at any time by amending it. You hereby agree that you shall check this page from time to time to take notice of any changes that have been made, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on Our Websites. In such an event, the latter provisions shall apply.

INCORPORATION BY REFERENCE

This Acceptable Use Policy shall be read in conjunction with our General Terms and Privacy Policy all of which shall be deemed to be incorporated herein by this reference.

DEFINITIONS

See Our General Terms.