AdviceOS – Acceptable Use Policy 

 

You (you or your) must comply with this Acceptable Use Policy in connection with your agreement with Midwinter Financial Services Pty Ltd (Midwinter) in order to access the AdviceOS online service (Service).

 

1.               You must only use the Service:

(a)         for its intended purpose; and

(b)         as directed by Midwinter from time to time.

 

2.               You must not use the Service to:

(a)         post, upload or otherwise make material available that is illegal or obscene, defamatory,    harassing, abusive, tortious, hateful, invasive of a person’s privacy, or racially or otherwise objectionable, discriminatory or offensive;

(b)         fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, a Midwinter representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;

(c)         disguise the origin of any material transmitted through the Service (whether by forging message/packet headers or otherwise manipulating normal identification information);

(d)         create pages that cannot be accessed due to password protection or any other access restriction system without Midwinter’s consent or use the Service in any way to break or access, or attempt to break or access, any password of any other user of the Service or any third party;

(e)         post, upload or otherwise make material available which infringes any intellectual or industrial property right of Midwinter or any third party (such as material that infringes copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party);

(f)          alter, conceal or remove any notices regarding Midwinter’s intellectual property rights that may appear on or within the Services (including the underlying software used by Midwinter to provide the Services);

(g)         copy, reproduce, translate, adapt, vary, tamper with, enhance or modify the Services (including the underlying software used by Midwinter to provide the Services);

(h)         dissemble, decompile, reverse engineer or create derivative works from the Services (including the underlying software used by Midwinter to provide the Services);

(i)           derive the source code or any internal data file generated by the Services;

(j)           combine or incorporate the Services with or in any other software or services;

(k)         post, upload or otherwise make material available containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorised advertising or promotional material or collect information, including web pages, image views, e-mail messages or news posts from unsolicited mail;

(l)           send multiple copies of the same or substantially similar messages, large messages or files, to a recipient with the intent of disrupting a server, account, or service or to post a large number of messages or amounts of text in newsgroups or chatrooms with the intent of disrupting discussion or the service of other users;

(m)       post, upload or otherwise make material available containing viruses, trojans or any other material designed to impair, destroy or interrupt the performance of any hardware or software;

(n)         obtain unauthorised access to or interfere with the performance of the servers which provide the Service or any servers on any associated networks or otherwise fail to comply with any policies and procedures relating to the use of those servers;

(o)         collect, whether aggregated or otherwise, data about other users of the Service;

(p)         violate any applicable laws (including financial regulations), whether intentionally or otherwise, or cause Midwinter to breach any law;

(q)         post, upload or otherwise make material available which you are not entitled to make available by law (whether by legislation or under a contractual, or fiduciary obligation or otherwise);

(r)          harass or stalk another person or harm, purport to harm or seek to harm another person (including minors) or encourage those or other illegal activities;

(s)         provide advice on illegal activities (for example, the creation of bombs, the infringement of intellectual property rights and gaining unauthorised access to computer systems);

(t)          attribute to Midwinter any of the outputs or reports in the course of providing financial advice and otherwise through or in connection with the Services; or

(u)         post, upload or otherwise make information available which relates to financial matters such as investments, securities, stock prices, company performance, or commodity prices without holding all relevant licences (whether required in your jurisdiction or elsewhere). The phrase “make information available” includes allowing other people to post, upload or otherwise make information available through the Service.

 

3.               You must not:

(a)         challenge the validity of Midwinter’s rights in and to the Services (including the underlying software used by Midwinter to provide the Services);

(b)         permit any unauthorised access of the Service;

(c)         sell or make the Services available to any person or entity (other than an Affiliate of the Customer) outside the terms of this Agreement or the relevant Service Schedule (including through an application service, bureau service or similar service) except as expressly permitted in writing by Midwinter;

(d)         access, or attempt to gain access to, the underlying infrastructure, systems and software used by Midwinter to provide a Service (or any part of it);

(e)         access, or attempt to gain access to, parts of a Service that is not supplied to the Customer under this Agreement;

(f)          use your web page directory for file storage/backup purposes; or

(g)         do anything else which may impact operation or performance of the Service or its use by others.

 

4.               You acknowledge and agree that:

(a)          while Midwinter does not review material uploaded to the Service prior to it being made available through the Service, Midwinter or its agent may remove any information available through the Service;

(b)         you are responsible for maintaining your own backup of information you upload to the Service;

(c)         the Internet is not a secure or private medium and that Internet communications may be subject to delay, interception, caching or loss, or may contain viruses or other destructive or nuisance programs;

(d)         you are responsible for the protection of your data in relation to which the Service is used;

(e)         Midwinter has no liability for any loss or damage you may suffer as a result from or arising out of any failure by you to protect your data;

(f)          Midwinter reserves the right to assess the traffic and bandwidth generated in connection with the use of the Service by you, where an excess of incoming or outgoing bandwidth is used due to, but not limited to, large increases in visitation and/or the placement of high-bandwidth content (such as audio or video) on the site, Midwinter may charge you for the extra bandwidth utilised by you at Midwinter’s excess bandwidth rate as varied from time to time;

(g)         Midwinter may monitor the content of any traffic over the Service for any reason permitted or required by law, including for the purpose of ensuring compliance with this policy. Midwinter will attempt to contact you before taking any corrective action if we believe you are in breach of this policy. Notwithstanding this, any breach by you of this policy may result in the suspension or termination of the Service; and

 

Midwinter may amend this Acceptable Use Policy from time to time without notice by posting the amended version on the legal section of our web site. We suggest that you visit this page regularly to keep up to date with any changes.

 

 

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