- This Terms and Conditions (Policy) describes the acceptable kinds of conduct and prohibited uses of the Services which are provided by CareBridge. This Policy forms part of the User’s agreement with CareBridge for the use of the CareBridge Platform. This Policy is not exhaustive and CareBridge reserves the right to modify it at any time, effective upon posting of the modified version on the CareBridge website. By using the system of CareBridge, the User agrees to abide by the then current version of this Policy.
- Any violation of this Policy may result in the suspension or termination of the Services and such action as CareBridge deems appropriate. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party engaged or employed by the User or on the User’s behalf, will be considered violations of the Policy by the User. You are responsible for the acts and omissions of all Users
- Generally, CareBridge does not actively monitor, censor, or directly control any information that is stored on or transmitted using the CareBridge Platform, and CareBridge has no obligation to monitor the User Content on the CareBridge Platform. CareBridge cannot and does not warrant, verify or guarantee the quality, accuracy, safety or integrity of the User Content or other materials or information that the User or a third party may post on or transmit using, or access through the CareBridge Platform. The User is solely responsible for all of the User Content and the Users’ use of the CareBridge Platform.
No Illegal or Harmful Uses
The CareBridge Platform may be used only for legitimate 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. CareBridge reserves the right to restrict or prohibit any uses or content that it determines in its sole discretion is harmful to its systems, network, reputation, goodwill, other CareBridge Users, 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 CareBridge Platform. This is due to the resultant reduction in resources and deterioration of service for other Users on the CareBridge Platform. Additionally, excessive use and/or violation of bandwidth/storage maximums are prohibited on the CareBridge Platform. Determination of excessive use is at CareBridge’s sole discretion. You must not bypass 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, trademark, 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
Distributing material that is, without limitation, unlawful, obscene, harmful, invasive of privacy or publicity rights, abusive, or otherwise objectionable, under the Law of any jurisdiction is prohibited.
(d) Harmful Content
Distributing 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, clandestinely intercept or expropriate any system, program, data or Personal Information including the CareBridge Platform is prohibited.
Maintenance of Security and Integrity
Violations of system or network security are prohibited and may result in criminal and civil liability. CareBridge 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 CareBridge 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 CareBridge Platform such as access and storage restrictions.
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 CareBridge’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 CareBridge Platform is specifically designed and made available, is expressly prohibited.
No Service Bureaus
The User may not sell, assign, rent, transfer, distribute, act as a service bureau, or grant rights in the CareBridge Platform or its functionality to any other person without the express prior written consent of CareBridge.
You will at all times adhere to all applicable Law, rules, and regulations. Without limiting that prohibition, the User may not utilise the CareBridge Platform:
- in connection with any tortious or actionable activity;
- to publish or disseminate information that:
- constitutes slander, libel or defamation;
- publicises the Personal Information or likeness of a person without that person’s consent; or
- otherwise violates the privacy rights of any person;
- 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;
- in connection with any unlawful, disruptive or abusive activity;
- to cause a denial of service attacks against CareBridge or users or to otherwise degrade or impair the operation of CareBridge’s servers and facilities;
- to post messages or software programs that consume excessive CPU time or storage space;
- to offer mail services, mail forwarding capabilities, POP accounts or auto recorders;
- to subvert, or assist others in subverting, the security or integrity of any CareBridge’s system, facility or equipment;
- to gain unauthorised access to the computer networks of CareBridge or any other person;
- 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;
- forge the signature or other identifying mark or code of any other person;
- impersonate or assume the identity of any other person; or
- engage in any other activity (including ‘spoofing’) to attempt to deceive or mislead other persons regarding the true identity of the User;
- to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam;
- in any manner that might subject CareBridge to unfavourable regulatory action, subject CareBridge to any liability for any reason, or adversely affect CareBridge’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 CareBridge in its sole discretion; or
- in any other manner to interrupt or interfere with the usage of the CareBridge Platform by other persons.
Enforcement by CareBridge
CareBridge reserves the right, but does not assume the obligation to investigate any violation of this Policy or misuse of the CareBridge Platform. CareBridge reserves the right and has absolute discretion to:
- enforce this Policy;
- remove or disable access to, screen or edit any User Content that violates these provisions or is otherwise objectionable;
- remove or disable access to the CareBridge Platform to any person including the Users.
Without limitation, CareBridge also reserves the right to report any activity (including the disclosure of appropriate User information) that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
Without limitation, CareBridge 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.
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:
User means all users of the CareBridge Platform;
User Content means all information, data, email, text, bulletin board postings, hypertext links, meta tags, pictures, graphics, interactive media, and audio/visual materials that the User or a third party posts or uploads on the CareBridge Platform;
CareBridge means CareBridge Pty Ltd ABN 66 631 247 642 ;
CareBridge Platform means the proprietary software and platform owned or licenced by CareBridge, including any version upgrades and components released by CareBridge for that software;
Intellectual Property means all intellectual property rights throughout the world including but not limited to the following rights:
- 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;
- any application or right to apply for registration of any of the rights referred to in paragraph (a); and
- 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 CareBridge Platform and any services provided by CareBridge from time to time in relation or incidental to the CareBridge Platform.
All correspondence with regards to privacy should be addressed to:
- Policy Officer
- CareBridge Pty Ltd
- 36 The Circus, Burswood WA 6100
or by email: firstname.lastname@example.org