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Fair Use Policy

Last updated March 2021
Business Fitness (Accountants) Pty Ltd (ACN 098 580 708) and its Related Bodies Corporate (Business Fitness).


Summary

This policy applies to all Customer and end user (collectively, “users”) use of any Business Fitness product.

It is important to Business Fitness that all users are able to access our products in the manner intended. Accordingly, we have devised a Fair Use Policy to ensure access to, and use of, our product by all users is reasonable.

Terms capitalised in this policy have the meaning given to them in Business Fitness’ Master Services Agreement.

Unreasonable use

In using or accessing Business Fitness products, users must not:

  1. share user credentials with others;
  2. distribute a volume of emails higher than an amount deemed reasonable by Business Fitness, or otherwise misuse any communication or email tools;
  3. use our products to defame, spam or harass any person or to distribute, view or create any Material that may be pornographic, defamatory, offensive, obscene, illegal or unlawful;
  4. use our products in a way that may infringe the Intellectual Property Rights of a third party;
  5. reproduce any part of our products for sale or incorporation into any other product or service intended for sale;
  6. attempt to gain unauthorised access to any materials, documents or code other than which the user has been given express permission to access, or to the computer system on which our products are hosted;
  7. transmit or upload to our products any files, code or programs that may damage or corrupt the IT infrastructure, devices, data or software of Business Fitness or any third party;
  8. make use of any resource or functionality supplied by use to an excessive extent as deemed by us, such as actioning excess file uploads and downloads, or permitting or facilitating access to our products by more users than is permitted under the Customer’s relevant subscription;
  9. engage in any illegal or unlawful activity, including any fraudulent use of our products;
  10. engage in any activity that is otherwise deemed by us to be contrary to the way our products are designed or permitted to be used;
  11. engage in any activity that otherwise adversely affects other Customers’ or users’ use of, or access to, our products; or
  12. engage in any activity otherwise deemed inappropriate by Business Fitness.

Further, users must not permit or facilitate the above acts by another person.

Our rights

Where Business Fitness finds a user in breach of this Fair Use Policy, Business Fitness may contact the user to discuss changing the contravening usage so that it conforms to this Fair Use Policy.

If the contravening use continues after Business Fitness has contacted the user, Business Fitness may, without further notice to the user or relevant Customer (if applicable):

  1. suspend or limit the user’s access to any or all Business Fitness products (or any feature of a product) for any period we think is reasonably necessary; and/or
  2. terminate the operative agreement with the relevant Customer in accordance with clause 17.1(a).
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