TERMS OF USE


1 TERMS OF USE

1.1 DEFINITIONS

1.1.1 For the purpose of clarity throughout this document, the terms have the following meaning:

• onePlatform Pty. Ltd. is the trustee for onePlatform Unit Trust with the ABN: 35 706 335 847

• a reference to “‘onePlatform” is a reference to onePlatform Pty. Ltd., our distributors, resellers, agents, licensors or any party offering or providing Services by onePlatform Pty. Ltd.

• a reference to a “Customer” is any subscriber or user of a service provided by onePlatform

• any reference to “Service” or “Services” is any product or solution provided, hosted or published by onePlatform including but not limited to the website, hosting platform or the material contained on it including configurations, computer code, software and systems. It includes the website and/or any of the linked websites

• any reference to “Subscription”, “Subscribe”, “Subscriber” and “Subscribing” is an unauthenticated connection or authenticated login to a Service provided by onePlatform

• any reference to “Terms” is collectively these Terms of Use, the Acceptable Use Policy, the Customer Agreement and the Privacy Policy.

1.2 OVERVIEW

1.2.1 These Terms make up a legal agreement between the Customer and onePlatform. By Subscribing to Services provided by onePlatform the Customer has accepted these Terms. Furthermore, the Customer agrees to comply with all applicable laws and regulations. If the Customer does not agree to the Terms, the Customer should not use onePlatform services or solutions.

1.2.2 onePlatform may change all or any part of the Services and the Terms and any other information without notice.

1.2.3 If a Customer Subscribes to the Services after Terms are updated, the Customer will be considered to have accepted the revised Terms.

1.2.4 Information accessible on the website and services is copyright © 2016 onePlatform and/or other copyright owners.

1.3 USE THE SERVICE

1.3.1 Generally

• The Customer may not use the Services for any purpose other than as agreed and set out in the Terms

• The Customer may not modify or copy the Services.

• onePlatform reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Services may not be:

  •  re-sold and/or re-distributed in any material form;
  •  stored in any storage media; and/or
  •  re-transmitted in any media without prior written consent or otherwise in accordance with these Terms as varied by onePlatform Pty. Ltd. from time to time.

1.4 COPYRIGHT AND TRADEMARKS

1.4.1 This Services contain copyright material, brand names and other trademarks, logos and service marks that are protected by law. The Customer must assume that all names and logos are the property of onePlatform Pty. Ltd. or a third party, and that all content on this site is subject to copyright. Except as expressly authorised, the use of any material on this site (including reproduction, modification, distribution, republication, display or communication of any kind) is strictly prohibited.

1.5 THIRD PARTY SITES

1.5.1 Services may provide links to third party websites and access to content, products and services of third parties. onePlatform is not responsible for any third party content provided or the operation, security levels, or any other aspect of any third party sites. Links are provided solely for your convenience and do not indicate onePlatform ‘s endorsement of any third party sites or the products or services provided, advertised or otherwise mentioned on those sites.

1.5.2 onePlatform is making the Services available for others to publish information without assuming a duty of care to users. onePlatform is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on Services.

1.5.3 To the full extent permitted by law onePlatform disclaims any and all warranties, express or implied, regarding:

• the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Services;

• the accuracy, reliability, timeliness or otherwise of any information contained or referred to in written or verbal correspondence; and

• merchantability or fitness for any particular purpose for any Service

1.5.4 onePlatform will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of the Customer:

• acting, or failing to act, on any information published, contained on or referred to on the Service;

• acting, or failing to act, on any information provided verbally or published (be it written or electronic); and

• using or acquiring, or inability to use or acquire, any Service offered by onePlatform.

1.5.5 onePlatform does not warrant guarantee or make any representation that:

• that Services are free of software viruses;

• the functions contained in any software contained on the Services will operate uninterrupted or are error-free; and

• errors and defects in the Services will be corrected.

1.5.6 onePlatform is not liable for:

• errors or omissions in the Services;

• delays to, interruptions of or cessation of the Services; and

• defamatory, offensive or illegal conduct of any user of the Services whether caused through onePlatform’s negligence or through any other cause.

1.5.7 The Customer agrees to accept the full cost of any necessary repair, correction and maintenance of any of the Customers computer software or hardware, which may be necessary as a consequence of accessing the Services.

1.6 MONITORING

1.6.1 onePlatform maintains the right but not the obligation to monitor the content of the Services to determine compliance with the Terms. onePlatform has the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted using the Services. The Customer is solely responsible for any information posted, transmitted or otherwise made available. The Customer acknowledges and agrees that onePlatform does not have any liability for any action or inaction with respect to any conduct, communication or posting on these Services.

1.7 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

1.7.1 Although onePlatform has attempted to provide accurate information on this website and though other correspondence, information may contain technical inaccuracies or typographical errors. The contents of any documents are believed to be current and accurate as at their publication dates. onePlatform assumes no responsibility for the accuracy of the information. onePlatform may change the Services referred to at any time without notice.
1.7.2 THE SERVICES OFFERED INCLUDING ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THEM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
1.7.3 ONEPLATFORM SHALL NOT BE LIABLE TO THE CUSTOMER OR THE CUSTOMERS SUPPLIERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, EXCESSS DATA, REVENUE, DAMAGE TO REPUTATION OR BUSINESS INTERRUPTION EVEN IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.
1.7.4 To the full extent permitted by law onePlatform’s liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

• If the breach of an implied warranty or condition relates to services:

• the supply of the services again; or

• the payment of the cost of having the services supplied again; and

• if the breach of an implied warranty or condition relates to goods:

• the replacement of the goods or the supply of equivalent goods;

• the repair of such goods; or

• the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

1.8 INDEMNITY

1.8.1 The Customer agrees to indemnify onePlatform against any loss, damage, claim, proceeding and cost (including all legal costs on an indemnity basis), including as a result of a third party claim against onePlatform, arising out of:

• the use or attempted use (including fraudulent use), by the Customer (or anyone with access to your account) of the Services;

• excess data as a result of subscribing to or consuming services;

• any information, data, images, graphics or material produced, stored, transmitted, accessed, downloaded or used by the Customer or any other person using the Services; and

• any breach by the Customer of the Terms.

1.9 USE OF INFORMATION GATHERED

1.9.1 onePlatform may gather and process the personal information which the Customer provides when accessing the Services, such as a name, address, e-mail address and other personal information; and

• regarding the way in which the Customer uses the Services including, without limitation, information acquired through the use of “cookies” delivered to a computer when accessing the Services.

• onePlatform will comply with the Australian Privacy legislation in respect to collection, storage and use of personal information. Please refer to the Privacy Policy for details of how onePlatform collects, stores and uses personal information.

1.10 APPLICABLE LAW

1.10.1 This agreement and all claims relating to it are governed by the State of Victoria, Australia.


2 ACCEPTABLE USE POLICY

2.1.1 This Acceptable Use Policy (Policy) sets out certain additional obligations of the Customer when using the Services under the onePlatform Customer Agreement. Any capitalised terms not defined in this Acceptable Use Policy have the meaning given to them in the current version of the onePlatform Customer Agreement

2.2 GENERAL POLICY STATEMENT

2.2.1 The Customer must not (and must ensure that any person using the Services (User) does not) use or attempt to use the Services in any manner that violates:

• any applicable local, state, federal or international law (including, without limitation, the Spam Act 2003 (Cth) (Spam Act) and the Copyright Act (1968 (Cth)); or

• the rights of any third party (including, without limitation, infringement of copyright, trademark, or other intellectual property right, misappropriation of trade secrets, electronic fraud, invasion of privacy, pornography, obscenity and libel)

2.2.2 The Customer must not (and must ensure that any User does not) in the course of using the Services engage or attempt to engage in any activities that:

• involve the unauthorized use of any machine or network, denial of service attacks, falsifying header information or user identification information, monitoring or scanning the networks of others; or

• introduces or allows the introduction of any virus, worm, trojan horse, zombie, keylogger or other malicious code into the Services or any Network.

2.2.3 For the purpose of clause 2.2.2, interference or disruption includes, without limitation, distribution of unsolicited advertising or chain letters, repeated harassment of other Network users, impersonating another such user, falsifying one’s network identity for improper or illegal purposes, sending unsolicited bulk emails or calls, continuing to send someone email after being asked to stop, propagation of computer worms and viruses, mail bombing and “flashing” and using a Network to gain unauthorised entry to any other machine accessible via a Network.

2.3 SPAM

2.3.1 In this clause, “spam” includes one or more unsolicited commercial electronic messages with an Australian link for purposes of the Spam Act, and derivations of the word “spam” have corresponding meanings.
2.3.2 The Customer may not use the Service to:

• send, allow to be sent, or assist in the sending of spam;

• use or distribute any software designed to harvest email addresses; or

• otherwise breach the Spam Act or the Spam Regulations 2004 (Cth).

2.3.3 onePlatform may suspend the Services in the following circumstances:

• if the Services are being used to host any device or service that allows email to be sent between third parties not under the Customer’s authority and control; or

• if the Customer or any User is in breach of clause 2.2.2, provided however that onePlatform will first make reasonable attempts to contact the Customer and give the Customer the opportunity to address the problem within a reasonable time period (having regard to the severity of the problems being caused by the open service or breach referred to above.

2.3.4 The Customer must use its reasonable endeavours to secure any device or network within the Customer’s control against being used in breach of clause 2.2.2 by third parties, including where appropriate:

• the installation and maintenance of antivirus software;

• the installation and maintenance of firewall software; and

• the application of operating system and application software patches and updates.

2.3.5 onePlatform’s right to suspend the Customer’s account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by the Customer including but not limited to through a Trojan horse or virus.
2.3.6 In accordance with its responsibilities under the Spam Act and the Internet Industry Association Spam Code (Spam Code), onePlatform may:

• restrict the Customer’s ability to forward emails;

• limit the Customer’s access to the Service to a closed user group relevant to its use of the Service;

• scan onePlatform allocated IP address ranges to detect open or otherwise misconfigured mail and proxy servers and suspend the Service if the Customer fails to rectify any problem found within a reasonable period following receipt of a notice from onePlatform; and

• require the Customer to take all necessary actions to comply with, or which assist onePlatform to comply with, the Spam Act or the Spam Code.

2.4 CONTENT PUBLISHING

2.4.1 The Customer must not publish material that is or would be classified by the Classification Board as RC or X rated via websites, email, newsgroups or other publishing mediums accessible via the Services.
2.4.2 The Customer must take appropriate precautions to prevent minors from accessing or receiving any content the Customer has published that may be inappropriate for them. This includes implementing a restricted access system on content that is or would be classified by the Classification Board as R rated.

2.5 CUSTOMER EQUIPMENT

2.5.1 The Customer is responsible for ensuring in relation to any Customer Equipment that:

• the Customer Equipment complies with any applicable ACMA code or other applicable specification required for safe and proper use;

• use of the Customer Equipment will not infringe any law or third party rights (including without limit any intellectual property rights);

• the Customer Equipment is operated by operators familiar with the Customer Equipment and instruction manuals and in accordance with published specifications and manufacturers’ guidelines; and

• the operating environment conforms to the published specifications and requirements of the Customer Equipment, including stable, spike-free electricity supply, air conditioning, service clearances, cable runs, and complies with any relevant occupational health and safety requirements.

2.5.2 Subject to compliance with the Customer’s usual security and access arrangements (if applicable and absent any Emergency), the Customer will provide onePlatform and any of its authorised representatives with full, free and safe access to the Customer Equipment and any onePlatform Equipment or any property owned by another Provider located at the Customer’s Premises or any other location under the direction or control of the Customer, to the extent required to enable onePlatform or any Provider to provide the Services.

2.6 BREACH OF THIS POLICY

2.6.1 If the Customer or any User uses the Service in a way that onePlatform, in its absolute discretion, believes breaches this Policy, onePlatform may take any action it deems appropriate to respond to such a breach.
2.6.2 Actions that onePlatform may take pursuant to clause 2.5.1 include (but are not limited to):

• temporary or permanent removal of content and content publishing capabilities;

• filtering of Internet transmissions;

• immediate suspension or termination of all or any part of the Service;

• gather information from the Users involved and the complaining Customer, if any, and examine transmissions and material on its servers and any Network;

• cooperate with law enforcement authorities in the investigation of suspected criminal violations and the system administrators at Providers or any other service provider.

2.6.3 onePlatform may by notice to the Customer elect to give the Customer 24 hours (or such longer period specified in the notice) to remedy any breach of this Policy, before taking any action pursuant to clause 2.5.2.
2.6.4 onePlatform is not obligated to monitor the Customer’s or any User’s use of the Services (including any content posted, disseminated or accessed by the Customer or any User), but reserves the right to do so to:

• identify any breach of this Policy;

• enforce this Policy;

• protect any other Network users, Network services or Network equipment; and

• cooperate with law enforcement authorities in the investigation of suspected criminal violations and the system administrators at Providers or any other service provider. Such cooperation may include onePlatform providing the username, IP address or other identifying information about a User.

2.7 TERMINATION OF ACCESS

2.7.1 onePlatform may terminate access to the Services at any time without giving any explanation or justification for the termination of access, and onePlatform has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Services.

2.8 INTELLECTUAL PROPERTY RIGHTS

2.8.1 All logos, icons, brand names or service names that identifying the owner and operator of this Service are copyright property or trademarks or service marks of onePlatform. All other trademarks or service marks on the Services are the property of their respective owners. The Customer must obtain written permission before reusing any copyrighted material that is published by the Services. Any unauthorised use of the materials appearing on the Services may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

2.9 UPLOADING INFORMATION

2.9.1 The Customer represents and warrants in relation to any material and/or information that the Customer provides to the Service that:

• The customer is authorised to provide the material and/or information;

• the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

• the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;

• the material and/or information does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and

• the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Victoria including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Services or any law in any country where the material and/or information is or will be available electronically to users of the Services.

2.10 LICENCE TO USE INTELLECTUAL PROPERTY

2.10.1 By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trademarks and service marks (Intellectual Property) on to the Services, the Customer is granting onePlatform a perpetual, non-exclusive and payment-free licence throughout the world to:

• reproduce, use and exploit the Intellectual Property, as part of the Services, to the full extent permitted by Intellectual Property law in any jurisdiction in which the Service is available to users; and

• allow onePlatform to sub-licence others the same rights granted to onePlatform above.

2.11 REMOVAL OF INFORMATION

2.11.1 In relation to any material and/or information included on the Services, onePlatform may remove any material and/or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material and/or information.

2.12 LIMIT OF LIABILITY

2.12.1 OnePlatform and its respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which the Customer may incur, arising whether directly or indirectly. This applies:

• in relation to or in connection with any material and/or information supplied in respect of advertising by the Services; and

• as a consequence of removing any material and/or information from the Services

2.13 INDEMNITY

2.13.1 The Customer will at all times indemnify and keep indemnified onePlatform and onePlatform’s respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

• any breach of these Terms of Use by the Customer; and

• publication of or distribution of the material and/or information supplied by the Customer.

2.14 USE OF PERSONAL INFORMATION GATHERED

2.14.1 onePlatform may gather and process information:

• which the Customer may provide when accessing the Services, such as a name, address, e-mail address and other information about you; and

• regarding the way in which the Customer uses the Services including, without limitation, information acquired through the use of “cookies” delivered to a computer when the Customer accesses the Services.

• onePlatform will comply with the Australian Privacy legislation in respect to the collection, storage and use of personal information. Please refer to our full Privacy Policy for details of how onePlatform collects, stores and uses the personal information.

2.15 RELEVANT JURISDICTION

• If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

• These Terms will be governed by and interpreted in accordance with the law of the Victoria of Australia, without giving effect to any principles of conflicts of laws.

• The Customer agrees to the exclusive jurisdiction of the courts of the Victoria of Australia to determine any dispute arising out of these Terms of Use.


3 CUSTOMER AGREEMENT

3.1 SERVICES

3.1.1 As defined in the Definitions of the Terms of Use, Service or Services is any product or solution provided, hosted or published by onePlatform including but not limited to the website, hosting platform or the material contained on it including configurations, computer code, software and systems. It includes the website and/or any of the linked websites
3.1.2 All services are subscribed to on a per calendar month usage basis
3.1.3 onePlatform do not offer pro-rata of monthly subscriptions. Services enabled at the start of a calendar month are assessed as being consumed independent of whether a customer uses them.

3.2 SIGN UP

3.2.1 When the Customer subscribes for Services, onePlatform will create an account and the provision the services. onePlatform will then grant the Customer the right to access and use the services in accordance with the Terms.
3.2.2 When the Customer subscribes, the Customer will liable for the Services which are used. In doing so, the Customer authorises onePlatform automatically to charge the monthly costs and fees that are incurred for the services used and that the Customer will make payment as per the terms detailed on the onePlatform or its reseller / agents invoice.

3.3 CHANGES TO THE AGREEMENT

3.3.1 onePlatform may modify the Terms by posting an updated version on our website. The modified Terms will apply once posted and it is the Customer’s responsibility to review the website regularly for any changes.

3.4 YOUR ACCOUNT AND PERMITTED USE

3.4.1 onePlatform requires the Customer to comply with the Terms when using the Services.

3.5 SUBSCRIPTION TERM

3.5.1 The Subscription Term commences when the authorised onePlatform commences to enable the Service. The Subscription Term continues until the Customer closes their account or notifies onePlatform in writing that the Customer wishes to terminate the agreement.

3.6 TERMINATION

3.6.1 onePlatform may suspend the Customers right to use the Services or terminate this Agreement immediately if:

• the Customer breaches any of the Terms;

• the Customer (or anyone with access to your account) have engaged in fraudulent or unlawful use of the Services;

• the Customer breaches any payment terms as specified on the monthly invoice; or

• the Customer becomes insolvent or bankrupt.

3.6.2 The Customer will be liable to pay the charges for the Services up to the point of termination / cancellation.
3.6.3 Any payment obligations survive any termination of this agreement.

3.7 ACKNOWLEDGMENTS

3.7.1 By subscribing to onePlatform hosting (either directly or through a reseller or agent), the Customer acknowledges that:

• the Services may not be free from fault or interruption and onePlatform does not warrant that they will be;

• onePlatform does not accept any liability for any loss the Customer may incur using this service;

• the Services may be unavailable during planned outages or unscheduled maintenance periods;

• onePlatform does not warrant the security, availability or privacy of the Services;

• the Customer is responsible for content the Customer publishes using the Services;

• if the Customer elects to cancel the agreement, the Customer will be responsible for the backup and transfer of all of the Customers data at the Customers own cost;

• the server, software and network configurations remain the property of onePlatform;

• the Customer has no right (expressed or other) to access, copy, move or maintain the server, software, hardware, equipment or configurations;

• the server, software, hardware, equipment and configurations are the intellectual property of onePlatform and remain the property of onePlatform in perpetuity;

• on notification of the cancellation of the service onePlatform will disable the Customers access to the hosted network;

• by failing to meet the payment terms specified on the onePlatform or our reseller / agent invoice, onePlatform will disable the Customers access to the hosted network and withhold access to customer data until the invoices are settled in full.

3.8 YOUR OBLIGATIONS

3.8.1 The Customer represents and warrants that the Customer will not use the Services in a way that:

• controls access to and use of the services including controlling access to and use of passwords;

• ensuring the Services are used in accordance with this agreement and the Terms as well as applicable laws; and

• payment of all charges for the Services that are used under the Customer’s account.

3.9 REPRESENTATIONS & WARRANTIES

3.9.1 The Customer is responsible for:

• infringes any third party right;

• violation of any applicable laws;

• Providing, maintaining, and complying with the licensing and terms of customer supplied software. For the avoidance of doubt, customer supplied software is any software that is not specifically detailed as being provided by onePlatform on the onePlatform invoice.

3.10 SUSPENSION

3.10.1 onePlatform may suspend use of the Services if:

• there is a planned outage;

• it is necessary due to an event beyond onePlatform’s control;

• payment for services is not made within the payment terms; or

• it is necessary for repair, maintenance or service;

• the Customer notifies that the Customer no longer wishes to subscribe to the service.

3.11 ACCOUNTS

3.11.1 At the end of each billing period (which runs from the first to the last day of each month), the Customer will receive an invoice for the services subscribed to. The amount is due and payable based on the terms detailed on the invoice.
3.11.2 Late payment will attract interest charges at 2% per month (or the maximum legal rate if it is less than 2% per month).
3.11.3 The Customer consent to onePlatform obtaining, at any time, a credit report from a credit reporting agency.

3.12 TAX CLAUSE

3.12.1 The Customer is liable for any applicable tax.

3.13 PRICING

3.13.1 onePlatform reserves the right to adjust pricing when necessary and will notify the Customer of any pricing adjustments by email. 30 days’ notice will be provided prior to new pricing being applied to the Customer’s account.

3.14 PRIVACY

3.14.1 Please refer to our Privacy Policy.

3.15 DISCLAIMER

3.15.1 THE SERVICES OFFERED INCLUDING ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ‘AS IS’ WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THEM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
3.15.2 ONEPLATFORM SHALL NOT BE LIABLE TO THE CUSTOMER OR THE CUSTOMERS SUPPLIERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, EXCESSS DATA, REVENUE, DAMAGE TO REPUTATION OR BUSINESS INTERRUPTION EVEN IF SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.


4 PRIVACY POLICY

4.1 GENERAL

4.1.1 onePlatform acknowledge that your privacy is important to you. onePlatform will continue to protect the information which the Customer provides to it and onePlatform will manage information in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
4.1.2 This privacy policy sets out how onePlatform uses and protects any information that you give onePlatform when a customer uses the Services. onePlatform is committed to ensuring that privacy is protected.
4.1.3 onePlatform may change this policy from time to time by updating this page. Therefore, you should regulalry review this page to ensure that you are informed about and agree to any changes. If you do not accept and agree you should immediatley terminate your subscription.

4.2 WHAT WE COLLECT

4.2.1 We may collect the following information:

• name and job title.

• contact information including email address.

• demographic information such as postcode, preferences and interests.

• other information relevant to customer surveys and/or offers.

4.3 WHAT WE DO WITH THE INFORMATION WE GATHER

4.3.1 We require this information to understand your needs and provide you with a better service and also for the following reasons:

• Internal record keeping.

• We may use the information to improve our products and services.

• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting, using the email address which you have provided.

4.4 SECURITY

4.4.1 We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and managerial procedures in an effort to safeguard and secure the information we collect. Unless required by law, onePlatform will restrict access to all customer data, user information, usage, configurtations and our infrastructure to onePlatform employees only. No information will be disclosed to any third party.

4.5 HOW WE USE COOKIES

4.5.1 A cookie is a small file which asks permission to be placed on a computer’s hard drive. Once a Customer agrees, the file is added and the cookie helps analyse web traffic. Cookies allow web applications to respond to a Customer as an individual. The web application can tailor its operations to certain needs, likes and dislikes by gathering and remembering information about your preferences.
4.5.2 onePlatform uses traffic log cookies to identify which pages are being used. This helps onePlatform analyse data about webpage traffic and improve the Services in order to tailor it to customer needs. onePlatform uses this information for statistical analysis purposes and then the data is removed from the system.
4.5.3 Overall, cookies help onePlatform provides better Services, by enabling it to monitor which pages are found useful and which are not. A cookie in no way gives access to a computer or any information about a Customer, other than the data that a Customer chooses to share.
4.5.4 A Customer may choose to accept or decline cookies. Most web browsers automatically accept cookies, but a Customer can modify browser settings to decline cookies. This may prevent a Customer from taking full advantage of the Services.

4.6 LINKS TO OTHER WEBSITES

4.6.1 onePlatform Services may contain links to other websites or services. Once a Customer has used these links to leave our site, onePlatform does not have any control over the other websites or services. onePlatform is not responsible for the protection and privacy of any information which is provided whilst visiting such sites and such sites are not governed by this privacy statement. A Customer should exercise caution and look at the privacy statement applicable to the website or service in question.

4.7 CONTROLLING YOUR PERSONAL INFORMATION

4.7.1 The Customer may choose to allow the collection or use of information in the following ways:

• whenever the Customer is are asked to fill in a form on the Service, the Customer can click to indicate that the Customer authorises the information to be used by onePlatform for direct marketing purposes.

• if the Customer has previously agreed to us using information for direct marketing purposes, the Customer may change that situation at any time by writing to or emailing to info@oneplatform.com.

4.7.2 onePlatform will take all reasonable steps to ensure that all information is accurate, complete, up-to-date and stored in a secure environment.
4.7.3 onePlatform will not release nor provide access to any personal or company information or data to any third party unless it is to comply with the law.

4.8 WHEN DOES ONEPLATFORM COLLECT INFORMATION?

4.8.1 By default, onePlatform does not automatically collect information from the Customer. onePlatform will collect three categories of information when a Customer uses our Services:

• the personal information voluntarily provided — that is, personal information collected with your informed consent;

• anonymous non-personal information about how the Customer uses our Services; and

• “cookie” based information that makes a Customers use of the Services easier by recording preferences so that when a Customer returns to the Service the “cookie” re-loads that information into web browsers.

4.8.2 onePlatform will collect personal information when a Customer registers on onePlatform websites, place an order, Subscribes to a onePlatform Service, responds to a promotional offer, competition or survey or fill out a form related to any Customer service feature operating on our Services.
4.8.3 When a Customer requests services then the Customer will need to provide certain details so that onePlatform can establish and manage a Customer account.
4.8.4 When a Customer logs-into the onePlatform Service using Google or Facebook log-ins (or use any other log-in connected to any other social media platform) the Customer allows that social media platform to share the Customers personal information with onePlatform (that is, personal information related to a log-in with that social media platform, which may include an email address and other personal information).

4.9 WHY DO WE NEED TO COLLECT PERSONAL INFORMATION?

4.9.1 onePlatform will collect information when the Customer volunteers that information in order to receive a Service. The information collected will be used to provide the Services requested or processing any purchases you may make.

4.10 WHY DO WE USE “COOKIES” AND OTHER WEB USE TRACKING TECHNOLOGIES?

4.10.1 When the Customer accesses the Services, small files containing unique identification (ID) numbers may be downloaded by the Customers web browser and stored in the cache of the Customers computer. The purpose of sending these files with a unique ID number is so that the Services can recognise the Customers computer when the Customer next visits the Services. The “cookies” that are shared with the Customers computer can’t be used to discover any personal information such as a name, address or email address, they merely identify a computer to the Service.
4.10.2 onePlatform can also log the internet protocol address (IP address) of visitors to the Service.
4.10.3 onePlatform collects information using “cookies” and other tracking technologies for the following reasons:

• to help monitor the performance of the Services;

• to provide personalized services to each user of the Services to make their navigation through the Services easier and more rewarding to the user; and

• to improve the content on the Services

4.10.4 Even if a Customer has given permission to send emails, the Customer may, at any time, decide not to receive further emails and will be able to “unsubscribe” from that service.
4.10.5 If a Customer is unhappy about having a cookie sent, the Customer may set their browser to refuse cookies or choose to have the computer warn each time a cookie is being sent. However, if a Customer turns cookies off, some of the services may not function properly.

4.11 HOW DO WE STORE YOUR INFORMATION?

4.11.1 onePlatform may use different technologies and procedures to help protect information from unauthorised access, loss, alternation, disclosure or use. Some of the safeguards in use are physical access controls, information firewalls and access authorisation controls to where information is held in data centres or other locations. onePlatform may also use data encryption when information is transferred to and from service providers. onePlatform’s commitment to data security means:

• there are procedures to limit access to personal information within onePlatform;

• there are security measures and technologies within onePlatform to protect personal information;

• onePlatform will not disclose your information to any third party unless required by law.

4.12 WHAT USE DO WE MAKE OF YOUR PERSONAL INFORMATION?

4.12.1 onePlatform may communicate with the Customer in relation to any purchase and in relation to the management of an account which will include providing information about the services.
4.12.2 onePlatform may send the customer information and updates about any other product, service or information that may be provided; in addition, onePlatform may send occasional company news and information about other products and services or special promotional offers. If at any time the Customer would like to stop receiving future commercial messages, there are detailed unsubscribe instructions at the bottom of each email.