(1) This Policy
This Acceptable Use Policy (the “Policy”) sets out the rules governing the use of our web services (the “Service”) and any content that you may submit to the Service (“Content”).
By using the Service, you agree to the rules set out in this Policy.
(2) General restrictions
You must not use the Service in any way that causes, or may cause, damage to the
Service or impairment of the availability or accessibility of the Service, or any of the areas of, or services on, the Service.
You must not use the Service:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
(3) Reasonable Use
You agree to use the Service in a reasonable way. If we determine that your use of the
Service is not reasonable or that your use is causing the degraded performance of the Service for you and for other Customers, we may impose limits on your use of the
Service. Where possible we will endeavour to give you at least 24 hours prior notice that your usage is reduced before imposing any limits.
Limits on your use of the Service may include, but are not limited to, the quantities and
volumes of the following parameters:
(a) storage required to host and backup your data;
(b) sales transactions per calendar month;
(c) API (application programming interface) calls per 5 minute period;
(d) bandwidth usage per 24 hour period;
(e) locations, users, POS units, active SKU’s, customers.
(4) Unlawful and illegal material
You must not use the Service to store, host, copy, distribute, display, publish, transmit or
send Content that is illegal or unlawful, or that will or may infringe a third party's legal rights, or that could give rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).
Content (and its publication on the Service) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral rights, database rights, trademark rights, design
rights, rights in passing off, or other intellectual property rights;
(d) infringe any rights of confidence, rights of privacy, or rights under data protection
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation; or
(k) be in breach of any contractual obligation owed to any person.
You must not submit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
(5) Data mining
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.
(6) Harmful software
You must not use the Service to promote or distribute any viruses, Trojans, worms, rootkits, spyware, adware or any other harmful software, programs, routines, applications or technologies.
You must not use the Service to promote or distribute any software, programs, routines,
applications or technologies that will or may negatively affect the performance of a computer or introduce significant security risks to a computer.
Statement of Services
The Customer and its designated users are as named on the GrowthMachines sales order.
The address, fax number and email address of the Customer are as stated on the
GrowthMachines retail sales order.
The Minimum Term shall be either,
(a) the period of 12 calendar months following the receipt of the first payment by the
Provider from the Customer, if the Customer chooses the option for monthly charges, or
(b) the period of 12 calendar months following the receipt of the first payment by the
Provider from the Customer, or the end of any subsequent 12 calendar month period, if the Customer chooses the option for annual charges.