Network Acceptable Use Policy

1. About this Policy

1.1 This Network Acceptable Use Policy (“AUP”) sets out the rules that apply to use of the network, telecommunications and infrastructure underlying the TradieView Platform.

1.2 This AUP forms part of the Agreement between Tradie View Pty Ltd (“TradieView”, “we”, “us” or “our”) and the Customer. It applies to the Customer and all Users.

1.3 If there is any inconsistency between this AUP and the Terms & Conditions or Acceptable Use Policy, the Terms & Conditions prevail, followed by the main Acceptable Use Policy, unless this AUP expressly states otherwise in relation to network or infrastructure use.

1.4 Capitalised terms not defined in this AUP have the meaning given in the Terms & Conditions.

2. Definitions

In this AUP:

Agreement means the agreement between Tradie View Pty Ltd and the Customer under which TradieView is supplied, of which this AUP forms part.
Customer means the entity or individual who has contracted with Tradie View Pty Ltd for access to TradieView.
Platform means the TradieView software platform, applications and related services.
User means any individual authorised by the Customer to access or use TradieView, including employees, contractors and agents of the Customer.
we, us or our means Tradie View Pty Ltd.

3. General Obligations

3.1 The Customer acknowledges that we provide the telecommunications and network infrastructure underlying the Platform.

3.2 Use of our network is subject to this AUP. Breach of this AUP by the Customer or a User may result in suspension or termination of access in accordance with Section 7 and the Terms & Conditions.

3.3 The Platform and network may only be used for lawful purposes. The Customer and each User must not transmit, store or distribute material through the network that:

(a) infringes copyright, trade mark, trade secret or other intellectual property rights of any person;
(b) is threatening, obscene, defamatory, harassing or menacing;
(c) constitutes unsolicited commercial electronic messaging in breach of Section 5;
(d) contains a virus, worm, Trojan, ransomware or other malicious code; or
(e) violates any applicable Australian law or regulation.

3.4 We do not monitor or exercise editorial control over all information passing through our network. To the maximum extent permitted by law, and subject to Section 3.5, we exclude all liability arising from the transmission or reception of material through the network.

3.5 Nothing in this AUP excludes, restricts or modifies any consumer guarantee, right or remedy conferred on the Customer by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified. Where our liability for breach of any such guarantee can be limited, it is limited (at our option) to the re-supply of the services or the cost of re-supply.

4. Network and System Security

4.1 The Customer and each User must not violate, or attempt to violate, the security of our network or systems. Suspected violations may result in criminal or civil liability. We will investigate suspected violations and may cooperate with law enforcement agencies.

4.2 Prohibited conduct includes:

(a) unauthorised access to, or monitoring of, data, networks or systems, including probing, scanning or testing network vulnerabilities, or circumventing authentication measures, without our prior written authorisation;
(b) interfering with, disrupting or disabling service to any user, host or network, including by overloading, flooding, mail-bombing, denial-of-service attacks or similar means;
(c) sending, storing or distributing viruses, worms, Trojans, ransomware or other malicious code;
(d) forging any TCP/IP packet header or any part of an email or message header; and
(e) attempting to circumvent or alter any method we use to measure, monitor or bill for Platform services.

5. Email, SMS and Electronic Messaging

5.1 The Customer must not send, or use the Platform to send, unsolicited commercial electronic messages (email, SMS or other), except in accordance with the Spam Act 2003 (Cth) and applicable ACMA rules.

5.2 All commercial electronic messages sent via the Platform must:

(a) include a valid and functioning reply-to or return address under the Customer’s control;
(b) contain accurate, complete headers that are not missing, malformed or forged; and
(c) clearly identify the Customer’s own business as the sender (not merely that the message was sent using TradieView).

5.3 Every commercial electronic message must include a functional unsubscribe facility. The Customer must give effect to an unsubscribe request within 5 business days, and any unsubscribe facility must remain functional for at least 30 days after the message is sent, consistent with the Spam Act 2003 (Cth).

5.4 The Customer is solely responsible for ensuring that all messaging it sends using the Platform complies with the Spam Act, the Privacy Act and any other applicable communications laws. This section should be read together with the SMS & Communications Policy and the main Acceptable Use Policy.

6. Reporting

6.1 Suspected network abuse, security incidents or breaches of this AUP should be reported promptly to support@tradieview.com.

7. Enforcement

7.1 Where we reasonably believe a breach of this AUP poses an immediate risk to the security, integrity or availability of our network, or to any other customer or User, we may suspend the relevant Customer’s or User’s access immediately and without prior notice, to the extent reasonably necessary to address that risk. We will notify the Customer of the suspension, and the reasons for it, as soon as reasonably practicable afterward.

7.2 For any other breach of this AUP, we will give the Customer written notice of the breach and a reasonable opportunity to remedy it before suspending access, unless the Terms & Conditions provide otherwise.

7.3 We will exercise suspension and termination rights under this AUP in a manner proportionate to the nature, severity and repetition of the breach.

7.4 Repeated or serious breaches of this AUP may result in termination of the Agreement in accordance with its terms.

8. General

8.1 If any provision of this AUP is held unenforceable, that provision is severed and the remainder continues in full force.

8.2 We may vary this AUP from time to time by publishing an updated version on our website or notifying the Customer. The updated version applies from the date specified in it. Material adverse changes will be notified with reasonable advance notice where practicable.

8.3 This AUP is governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland.