1. Introduction

1.1 These End User Terms (“EUT”) sets out the terms governing:

a) your use of the AGENCYMATE^TM website at https:\\[subdomain].virsaic.com.au, any successor website, and the services available on that website or any successor website (the “Services”); and

b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content”).

1.2 References in this Policy to “you” are to any customer who has a contractual right to access or use the Services (“Customer”) and any individual user of the Services (such as an employee of such Customer) who has been authorized by the Customer to access the Services (and “your” should be construed accordingly); and references in this Policy to “us” are to COTÈ SOFTWARE & SOLUTIONS (and “we” and “our” should be construed accordingly).

1.3 By using the Services, you agree to the terms set out in this EUT.

1.4 We will ask for your express agreement to the terms of these EUT before you upload or submit any Content or otherwise use the Services.

1.5 You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.

1.6 Access must be granted by an authorized representative of the Customer.

2. General usage rules

2.1 You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.2 You must not use the Services:

2.3 in any way that is unlawful, illegal, fraudulent or harmful; or

2.4 in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.5 You must ensure that all Content complies with the provisions of these EULA.

3. Unlawful Content

3.1 It is Licensee’s sole responsibility to ensure that Content is not illegal or unlawful, does not infringe any person’s legal rights, and is not capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2 Licensee must ensure that the Content, and the use of Content by us in any manner necessary to make the Services available to you, will not:

a) be libelous or maliciously false;

b) be obscene or indecent;

c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

d) infringe any right of confidence, right of privacy or right under data protection legislation;

e) constitute negligent advice or contain any negligent statement;

f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

g) be in contempt of any court, or in breach of any court order;

h) constitute a breach of racial or religious hatred or discrimination legislation;

i) be blasphemous;

j) constitute a breach of official secrets legislation; or

k) constitute a breach of any contractual obligation owed to any person.

3.3 You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint or dispute.

4. Graphic material

4.1 You must ensure that all Content is appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children over 12 years of age.

4.2 You must ensure that Content does not depict violence in an explicit, graphic or gratuitous manner.

4.3 You must ensure that Content is not pornographic or sexually explicit.

5. Factual accuracy

5.1 It is your responsibility to ensure that Content is not untrue, false, inaccurate or misleading.

5.1 You must ensure that statements of fact contained in Content and relating to persons (legal or natural) are true; and statements of opinion contained in Content and relating to persons (legal or natural) are reasonable, honestly held and indicate the basis of the opinion.

6. Negligent advice

6.1 You must ensure that Content does not consist of or contain any legal, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, investment, taxation, accountancy, medical or other professional advisory services.

6.2 You must ensure that Content does not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

7. Etiquette

7.1 You must ensure that Content:

7.1.1 is appropriate, civil and tasteful, and accords with generally accepted standards of etiquette and behavior on the internet;

7.1.2 is not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory; and

7.1.3 is not likely to cause annoyance, inconvenience or needless anxiety to any person.

7.2 You must not use the Services:

7.2.1 to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people;

7.2.2 for the purpose of deliberately upsetting or offending others; or

7.2.3 In any manner that floods the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

7.3 You must ensure that Content does not duplicate other content available through the Services.

7.4 You must ensure that Content is appropriately categorized.

7.5 You should use appropriate and informative titles for all Content.

7.6 You must at all times be courteous and polite to other users of the Services.

8. Marketing and spam

8.1 It is your responsibility to ensure Content does not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.

8.2 You must not send any spam or other marketing communications to any person using any email address without their prior consent.

8.3 You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, “get rich quick” schemes or similar letters, schemes or programs.

9. Gambling

9.1 You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

10. Monitoring

10.1 You acknowledge that we may actively monitor the Content and the use of the Services.

11. Hyperlinks

11.1 You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

12. Harmful software

12.1 You must ensure the Content:

12.1.1 does not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies; and

12.1.2 does not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.