Last Updated: 24/04/2018
ACCEPTABLE USAGE POLICY
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
Thank you for visiting the Turnkey Insolvency Portal (the “Creditor Portal”).
WHAT'S IN THESE TERMS?
This Acceptable Use Policy sets out the rules that apply when you access our site, use the Creditor Portal, upload content to the Creditor Portal, link to our site, or interact with our site or the Creditor Portal in any other way. This policy includes important information that you must comply with when you access our site and the Creditor Portal including, but not limited to, preventing unauthorised reproduction or use of content on our site, undesirable behaviour such as hacking, introducing viruses, and uploading illegal or harmful content. These terms also allow us to remove offending material, suspend or permanently disable your access to our site or the Creditor Portal, and create certain contractual remedies that we may use if you breach these terms.
BY USING OUR SITE OR THE CREDITOR PORTAL YOU ACCEPT THESE TERMS
If you do not agree to these terms, you must not use our site or the Creditor Portal.
We recommend that you print a copy of these terms for future reference.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
This Acceptable Use Policy sets out the rules that apply when you access our site and/or the Creditor Portal. In addition to the Acceptable Usage Policy the following additional terms will also apply to your use of our site and the Creditor Portal:
- Our Retention Policy
You can find out how long we may hold onto certain types of personal information HERE.
It is important that you read and understand all of these policies in order to understand how you may use our site, the Creditor Portal, and how we interact and engage with your personal information.
WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date indicated at the top of this page.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change our site from time to time to reflect changes to legislation, our services, our clients’ needs, and our business priorities. If there is a significant change in this Acceptable Usage Policy and you have been provided with login credentials to the Creditor Portal then we may require you to accept the revised Acceptable Usage Policy before allowing you to access the Creditor Portal – the purpose of this is to bring more significant changes to your attention.
If you have not been provided with login credentials to the Creditor Portal then you should check this Acceptable Usage Policy periodically for updates, revisions, or changes.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in the design, layout, functionality, features, image, and likeness of our site and the Creditor Portal. These works are protected by copyright laws and treaties around the world. All such rights are reserved by us.
Material that is uploaded by a user or an Insolvency Practitioner to the Creditor Portal is not owned by us. If you are a user or an Insolvency Practitioner then you warrant and represent to us that you have the requisite right, power, authority, and/or authorisation to upload such material to the Creditor Portal.
Subject to the written consent of an Insolvency Practitioner and any specific restrictions placed upon any material uploaded to the Creditor Portal, you can only print off, download, or use material uploaded to the Creditor Portal strictly for the purposes of a company or personal insolvency case. You must also draw the attention of others within your organisation to this Acceptable Usage Policy and the restrictions on the usage of material uploaded to the Creditor Portal.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on our site or the Creditor Portal for commercial purposes without obtaining a licence to do so from us.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site and the Creditor Portal.
We make no representations, warranties or guarantees, whether express or implied, that the content or material on our site and the Creditor Portal is accurate, complete or up to date. The Creditor Portal is strictly used as an optional tool by Insolvency Practitioners to help facilitate a company or personal insolvency case.
WE ARE NOT RESPONSIBLE FOR LINKS TO OTHER WEBSITES
Where our site or the Creditor Portal contains links to other sites and resources provided by third parties, whether such links are provided by, an Insolvency Practitioner, or any other third party, then these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites, resources, or how they may collect and process your personal information.
CONTENT UPLOADED TO THE CREDITOR PORTAL IS NOT APPROVED BY US
The Creditor Portal may include information and materials uploaded by an Insolvency Practitioner or other users who have been provided with login credentials for the Creditor Portal. This information and these materials have not been monitored, verified, or approved by us. The views expressed by other users on our site do not represent our views or values.
UPLOADING CONTENT TO THE CREDITOR PORTAL
Whenever you make use of a feature that allows you to upload content to the Creditor Portal, or to make contact with other users of our site or the Insolvency Practitioner, you must comply with this Acceptable Use Policy.
You warrant and represent to us that any such uploaded content does comply with this Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty, including any legal and professional fees that we may incur as a result of or arising from your breach.
Any content you upload to the Creditor Portal will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties who access and use the Creditor Portal.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Creditor Portal constitutes a violation of their intellectual property rights, or of their right to privacy.
You are solely responsible for securing and backing up your content.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
Although we have technical and organisational measures in place to try and keep our site and the Creditor Portal secure, we do not guarantee that the site or Creditor Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site and the Creditor Portal. You should use your own virus protection software.
You must not misuse our site or the Creditor Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the Creditor Portal, the server on which our site or Creditor Portal is stored or any server, computer or database connected to our site or the Creditor Portal.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990, the Police and Justice Act 2006, the Police and Justice Act 2006 (Commencement) (Scotland) Order 2007, and the Serious Crimes Act 2015.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and the Creditor Portal will cease immediately.
You may use our site and the Creditor Portal only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site and the Creditor Portal in contravention of the provisions this Acceptable Usage Policy.
Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any part of the Creditor Portal;
- any equipment or network on which our site or the Creditor Portal is stored;
- any software used in the provision of our site or the Creditor Portal; or
- any equipment or network or software owned or used by any third party.
WE MAY SUSPEND OR WITHDRAW OUR SITE AND THE CREDITOR PORTAL
We do not guarantee that our site, the Creditor Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site or the Creditor Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our site or the Creditor Portal through your internet connection are aware of this Acceptable Usage Policy and other applicable terms and conditions, and that they comply with them.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
To ensure optimal performance, and for your own security, it is recommended that you regularly clear your web-browser’s cache – you can find useful tips and guides on how to clear your cache at http://www.refreshyourcache.com/en/home/.
If you are provided with login credentials, user identification code, password or any other piece of information as part of our security procedures or to enable you to access secure parts of the Creditor Portal, you must treat such information as strictly confidential. You must not disclose it to any third party.
We have the right to disable any login credentials, user identification code, or password, whether chosen by you or allocated by us or an Insolvency Practitioner at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Acceptable Usage Policy.
You should ensure that nobody is looking over your shoulder when logging onto the Creditor Portal and you should take precautions when using a shared computer. If you know or suspect that anyone other than you knows your login credentials, user identification code, or password, you must promptly notify us at the data protection team.
RULES ABOUT LINKING TO OUR SITE
You may only link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not link to any other page on our site or the Creditor Portal.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site and/or the Creditor Portal must not be framed on any other site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our Acceptable Use Policy.
BREACH OF THIS POLICY
Where we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy may result in immediate, temporary, or permanent withdrawal of your right to use our site and/or the Creditor Portal.
We may also, at our sole discretion, consider raising legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of this Acceptable Use Policy.
We may also disclose any information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We expressly exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate including, but not limited to, seeking specific implement or interim interdict orders.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation that can be attributable to us. We shall not be liable to you in any way for fraud, fraudulent, or negligence caused by the acts or omissions of the Insolvency Practitioner or any other third party that uses and/or uploads content to the Creditor Portal.
- We exclude all implied conditions, warranties, representations or other terms that may apply to our site, the Creditor Portal, or any content on it.
We will not be liable to you for any loss or damage, whether in contract, delict or tort (including negligence), common law, breach of statutory duty, corruption or loss of data, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site and/or the Creditor Portal; or
- use of or reliance on any content displayed on our site and/or the Creditor Portal.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
HOW WE MAY USE YOUR PERSONAL INFORMATION
If you have been provided with login credentials to the Creditor Portal then, in addition to this Acceptable Usage Policy, you will be required to consent to our collection and/or processing of your personal information in accordance with our Privacy, Cookie, and Data Retention Policies. The Privacy, Cookie, and Data Retention Policies are incorporated by reference into the terms of this Acceptable Usage Policy.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
The terms of this Acceptable Usage Policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.
This Acceptable Usage Policy is in the English language only and shall prevail over any translations.
WHO WE ARE AND HOW TO CONTACT US
Please note that, in the first instance, queries regarding accessing and/or using the Creditor Portal should be directed to the Insolvency Practitioner that created your user account or provided you with access to the Creditor Portal.
This website is operated by TURNKEY PTY LTD. We are registered in Australia as a limited liability company. Our ACN is 053 280 729 and our registered office is at Level 13, 459 Collins Street, Melbourne, VIC 3000.
To contact us, please email the data protection team or call us on +61 (07) 2104 9050.