(a) This Acceptable Use Policy (Policy) describes the acceptable kinds of conduct and prohibited uses of the Services which are provided by Emprevo. The Policy forms part of the Customer’s agreement with Emprevo for the use of the Emprevo Platform. This Policy is not exhaustive and Emprevo reserves the right to modify it at any time, effective upon posting of the modified version on the Emprevo website. By using the Emprevo Platform, the Customer agrees to abide by the then current version of this Policy.
(b) Any violation of this Policy may result in the suspension or termination of the Services and such action as Emprevo deems appropriate. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party engaged or employed by the Customer (Customer’s user) or on the Customer’s behalf, will be considered violations of the Policy by the Customer. You are responsible for the acts and omissions of all Customer users
(c) Generally, Emprevo does not actively monitor, censor, or directly control any information that is stored on or transmitted using the Emprevo Platform, and Emprevo has no obligation to monitor the Customer Content on the Emprevo Platform. Emprevo cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of the Customer Content or other materials or information that the Customer or a third party may post on or transmit using, or access through the Emprevo Platform. The Customer is solely responsible for all of the Customer Content and the Customer and the Customer’s users’ use of the Emprevo Platform.
2. No Illegal or Harmful Uses
The Emprevo Platform may be used only for lawful purposes. Transmission, distribution or storage of any material or any activity in violation of any applicable law or regulation is strictly prohibited. The following non-exhaustive list also describes the kinds of illegal or harmful conduct that is prohibited. Emprevo reserves the right to restrict or prohibit any and all uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, good will, other Emprevo customers, or any third party:
(a) Excessive Use
The use of programs and scripts that cause excessive use of or access to servers including, without limitation, chat scripts is prohibited on the Emprevo Platform. This is due to the resultant reduction in resources and deterioration of service for other customers on the Emprevo Platform. Additionally, excessive use and/or violation of bandwidth/storage maximums are prohibited on the Emprevo Platform. Determination of excessive use is at Emprevo’s sole discretion. You must not circumvent any limits that we place on your use of the Services.
Infringement of Intellectual Property Rights or other proprietary rights including, without limitation, material protected by copyright, trade mark, patent, trade secret or other Intellectual Property Rights transmitted, accessed or used without proper authorisation is prohibited. Infringement may result from the unauthorised copying and posting of pictures, photographs, logos, registered or unregistered trademarks, software, articles, musical works, and videos.
(c) Unlawful Materials
Disseminating material that is, without limitation, unlawful, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable, under the Law of any jurisdiction in prohibited.
(d) Harmful Content
Disseminating harmful content or software including, without limitation, viruses, Trojan horses, worms, time bombs, cancel-bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or Personal Information including the Emprevo Platform is prohibited.
3. Maintenance of Security and Integrity
Violations of system or network security are prohibited, and may result in criminal and civil liability. Emprevo will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
Unauthorised monitoring of data or traffic on any network or system of Emprevo or any third party.
(c) Intentional Interference
Interference with service to any user, host or network including, but not limited to, denial of service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks.
(d) Falsification of Origin
Forging of any TCP-IP packet header, email header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
(e) Avoiding System Restrictions
Using manual or electronic means to modify usage details for billing reasons or to avoid any use limitations placed on the Emprevo Platform such as access and storage restrictions.
4. No Email Abuses
You may not distribute, publish, send or incite unsolicited mass emailing, instant messages, text messages or other communications, unsolicited mass notification via a handheld device, promotions, advertising, or solicitations (such as “spam”), including, without limitation, commercial advertising, informational announcements, and mail bombing. You may not use Emprevo’s server or a third party server to relay messages without the express permission of the account holder or the third party site. Posting the same or similar message to one or more persons (including, but not limited to, the use of chain letters, excessive cross-postings or multiple-postings), other than in the manner and for the purpose that the Emprevo Platform is specifically designed and made available, is expressly prohibited.
5. No Service Bureaus
The Customer may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the Emprevo Platform or its functionality to any other person without the express prior written consent of Emprevo.
You will at all times adhere to all applicable Law, rules, and regulations. Without limiting that prohibition, the Customer may not utilise the Emprevo Platform:
(a) in connection with any tortious or actionable activity;
(b) to publish or disseminate information that:
(i) constitutes slander, libel or defamation;
(ii) publicises the Personal Information or likeness of a person without that person’s consent; or
(iii) otherwise violates the privacy rights of any person;
(c) to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable Law;
(d) in connection with any unlawful, disruptive or abusive activity;
(e) to cause denial of service attacks against Emprevo or users or to otherwise degrade or impair the operation of Emprevo’s servers and facilities;
(f) to post messages or software programs that consume excessive CPU time or storage space;
(g) to offer mail services, mail forwarding capabilities, POP accounts or auto recorders;
(h) to subvert, or assist others in subverting, the security or integrity of any Emprevo’s system, facility or equipment;
(i) to gain unauthorised access to the computer networks of Emprevo or any other person;
(j) to provide passwords or access codes to persons not authorised to receive such materials by the operator of the system requiring the password or access code;
(i) forge the signature or other identifying mark or code of any other person;
(ii) impersonate or assume the identity of any other person; or
(iii) engage in any other activity (including ‘spoofing’) to attempt to deceive or mislead other persons regarding the true identity of the Customer;
(l) to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam;
(m) in any manner that might subject Emprevo to unfavourable regulatory action, subject Emprevo to any liability for any reason, or adversely affect Emprevo’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Emprevo in its sole discretion; or
(n) in any other manner to interrupt or interfere with the usage of the Emprevo Platform by other persons.
6. Enforcement by Emprevo
Emprevo reserves the right, but does not assume the obligation to investigate any violation of this Policy or misuse of the Emprevo Platform. Emprevo reserves the right and has absolute discretion to:
(a) enforce this Policy;
(b) remove or disable access to, screen or edit any Customer Content that violates these provisions or is otherwise objectionable;
(c) remove or disable access to the Emprevo Platform to any person including the Customer and the Customer’s users.
Without limitation, Emprevo also reserves the right to report any activity (including the disclosure of appropriate Customer information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Without limitation, Emprevo may also cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct or infringement of any third party’s legal rights by providing network and systems information related to allegedly illegal, harmful, infringing or objectionable content.
7. No Employment Relationship
(a) The Emprevo Platform is a tool to match individuals seeking work with companies seeking to fill vacant shifts. Your use of the Emprevo Platform does not create any employment relationship whatsoever between you and Emprevo and Emprevo makes no representations or warranties whatsoever in regards to the Emprevo Platform./p>
(b) You acknowledge and agree that Emprevo is not liable in respect of any employment entitlements owed to or by its users pursuant to arrangements entered into by its users on the Emprevo Platform.
8. Reporting Breaches
You must immediately notify us if you become aware of any breach of this Policy and provide us with such reasonable assistance necessary for us to investigate or remedy the breach.
As used in this Policy, and in addition to any other terms defined in this Policy, the following terms will have the following meanings:
Customer means all users of the Emprevo Platform;
Customer Content means all information, data, email, text, bulletin board postings, hypertext links, meta tags, pictures, graphics, interactive media, and audio/visual materials that the Customer or a third party posts or uploads on the Emprevo Platform;
Customer user is defined in clause 1(b);
Emprevo means Emprevo Health Pty Ltd ACN 603 309 860;
Emprevo Platform means the proprietary software and platform owned or licenced by Emprevo, including any version upgrades and components released by Emprevo for that software;
Intellectual Property means all intellectual property rights throughout the world including but not limited to the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade marks (including goodwill in those marks) and domain names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) which may subsist in Australia or elsewhere, whether or not such rights are registered or capable of being registered.
Services means access to the Emprevo Platform and any services provided by Emprevo from time to time in relation or incidental to the Emprevo Platform.