Fair use Policy

TipDesk Fair Use Policy applies to any of the Services offered by TipDesk. The Policy is set out below—please read it carefully. Your use of the Site and Services is subject to the following rules and guidelines outlined in this Policy.

The meaning of the words capitalised in this Policy have the same meaning as the definitions found in TipDesk’s Terms and Conditions of Use.

General

This Policy is designed to ensure that your use of our Site and Services does not break any laws, hinder the efficient operation of our Site and Services, interfere with the rights of other TipDesk users, or interfere generally with the rights of Internet users.

You are responsible for ensuring that use of the Site and Services, including your account, complies with this Policy. You are also responsible for the use of the Site and Services in the case where it is used, with or without your consent, by a third party.

We may amend this Policy from time to time, at our sole discretion. We may give you notice of these changes according to the notice provisions contained in clause 11 and 16 of the Terms of Service. You should consult this Policy regularly to ensure that your use of the Site and Services conform with the most recent version.

If there is an inconsistency between any part of the Terms of Service and this Policy, this Policy will apply.

If you become aware of any violations of this Policy by another user, you should contact us at support@tipdesk.com .

Illegal Activities

You must not use the Site and Services for any activity that breaches any law or violates any local, State, Federal, or International law, order, regulation or industry code of practice.

You must not interfere or attempt to interfere with the normal course and process of the Site and Services or bypass any computer systems or secured networks connected to the Site and Services.

You must not use manual or automated software, devices or other processes to harvest or scrape any Content, including User Generated Content and Tips, from the Site and Services.

You must not do any other act that may constitute an improper use of the Site and Services, as determined by TipDesk at any time in its sole discretion.

Security

You are responsible for any misuse of the Site and Services via your account, as set out above. You must take reasonable steps to ensure that third parties do not gain unauthorised access to the Site and Services through your account.

You must notify us immediately of any unauthorised or attempted unauthorised use of your account and any other breach or attempted breach of security relating to the Site and Services.

User Generated Content and Tips

You are solely responsible for any User Generated Content or Tips that you upload or publish on the Site using a Tipster account.

You must not publish material that is or would be classified by the Classification Board as MA15+, NC17, or R-rated on the Site.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the Services without the prior written consent from TipDesk.

You must not disassemble, decompile or otherwise reverse engineer all or any portion of the Site, Services, Content or other User Generated Content and Tips.

TipDesk reserves the right to block access to, remove, or refuse to post any User Generated Content or Tips, in whole or in part, that we, in our sole discretion, deem to be offensive, indecent, or otherwise inappropriate regardless of whether such content or its dissemination is lawful or unlawful. This includes, but is not limited to, obscene material, fraudulent or deceptive statements, threatening, intimidating or harassing statements, or material which violates the privacy rights or Intellectual Property Rights of others, or is likely to be defamatory of another person.

The Broadcasting Services Amendment (Online Services) Act 1999 allows the Australian Communications and Media Authority (ACMA) to direct us to remove certain prohibited or potentially prohibited content from our servers or to prevent users from accessing certain online content. We may take any steps necessary to ensure compliance with any relevant industry code of practice or direction from ACMA, including removing any Content from our servers, blocking access to part or all of our Site, filtering User Generated Content, or restricting access to a particular part of the Site. We may take these steps at any time and without notice to you.

The Copyright Act 1968 allows copyright owners or their agents to direct us to remove copyright materials from our servers or to prevent users from accessing copyright materials. We may take any steps necessary to ensure compliance with a notification from a copyright owner or their agent, including removing any Content or User Generated Content from our Site, closing or suspending your TipDesk account, filtering the Content or User Generated Content available to you, or restricting access to a particular part of the Site. We may take these steps at any time and without notice to you.

We are under no obligation to monitor all activities and User Generated Content on the Site and Services. However, we have the right to monitor such activities and User Generated Content from time to time to ensure that you are complying with the terms of this Policy, and to disclose that information as required.

By using the Site and Services to publish User Generated Content, you warrant that the User Generated Content complies with this Policy and authorises us to reproduce, publish, display, transmit, and distribute such User Generated Content as necessary for us to deliver the User Generated Content to you.

Excessive Use

For the purposes of this Policy, TipDesk will determine the definition of Excessive Use from time to time according to the Site and Services’ capacity and notify you of any changes.

Excessive Use is a continuing and unreasonably disproportionate use of the Site and Services when compared with the other Users. If your usage of TipDesk Site and Services exceed the parameters set by us, we will notify you and may charge you additional fees for excessive usage at our sole discretion.

Violation of the Fair Use Policy

If you, or a third party with access to the Site or Services, use the Site or Services in a way that we reasonably believe violates this policy, we may take any responsive action we deem appropriate. Such actions may include, but are not limited to:

1.    temporary or permanent removal of User Generated Content and Tipster capabilities;

2.    filtering of Site activities; and

3.    immediate suspension or cancellation of all or any part of the Services.

We may also choose to proceed with legal action that we deem appropriate such as proceedings to recover costs and expenses. If your use of the Site and Services causes a loss to third parties and we are required to pay compensation of any kind, we may require you to reimburse us.

We reserve the right to investigate any use of the Site and Services that we reasonably suspect violates this Policy, including information gathering, examination of activities and materials associated with your account. During an investigation, we may suspend your TipDesk account, interrupt the Services and/or remove material and User Generated Content that we reasonably believe potentially violates this Policy.

Upon cancellation of a Tipster account, we are authorised to delete any files, programs, and other data associated with the account.

Any failure by us to enforce this Policy, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

This policy is governed by the laws of the Commonwealth of Australia and the laws of the State of New South Wales. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth, and the State of New South Wales.