Acceptable Usage Policy

INTRODUCTION

This Acceptable Usage Policy sets out the content standards that apply when you upload content to our websites, applications or the Compass Platform, make contact with other users on our websites, applications or The Compass Platform, link to our websites, or interact with our Services (as defined below) in any other way,

In this Acceptable Usage Policy “you” shall mean the end user of our Services.

When we use the word "Services" we mean the "compass.education" domain, all the other websites, products, services, provision of software, the Compass Platform and applications made available by Compass (for example, the Compass School Manager Android app available via the Android Marketplace, and the Compass School Manager App for iPhone and iPad on the Apple App Store).

By using the Services, you confirm that you accept this Acceptable Usage Policy. This Acceptable Usage Policy will remain in effect while you use the Services.

If you do not agree to this Acceptable Usage Policy, you must not use the Services.

We recommend that you print a copy of this Acceptable Usage Policy for future reference.

If you have any questions, comments, or concerns regarding this Acceptable Usage Policy or the Services, please contact us at legal@compass.education

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

This Acceptable Usage Policy refer to the following additional terms (“Additional Terms”), which also apply to your use of the Services:

·       Privacy Policy;

·       Cookie Policy;

·       Terms of Use; and

·        Apple Application Terms.

There may also be additional terms which relate to the specific service or product we provide to you.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use the Services, please check this Acceptable Usage Policy.

PROHIBITED USES

You may use our Services only for lawful purposes. You may not use our Services:

·       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.

·       In any way which may infringe or violates the intellectual property rights or any other rights on anyone else.

·       In any way which jeopardises the security of your Compass account or anyone else’s (such as allowing someone else to log on as you on the Services).

·       For the purpose of harming or attempting to harm minors in any way.

·       To bully, insult, intimidate or humiliate any person.

·       To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (as set out below).

·       To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

·       To decompile, reserves engineer or otherwise attempt to obtain source code of the Services or “crawls” “scrapes” or “spiders” any page or portion of the Services (through use of manual or automated means).

·       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 Services in contravention of the provisions of our Terms of Use.

·       Not to access without authority, interfere with, damage or disrupt:

·       any part of our Services;

·       any equipment or network on which our Services is stored;

·       any software used in the provision of our Services; or

·       any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services through our Services (“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our websites, application of the Compass Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our websites, application of the Compass Platform, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards (“Content Standards”) apply to any and all material which you contribute to our websites, applications and the Compass Platform (“Contribution”), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Compass will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

·       Be accurate (where it states facts).

·       Be genuinely held (where it states opinions).

·       Comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

·       Be defamatory of any person.

·       Be obscene, offensive, hateful or inflammatory.

·       Bully, insult, intimidate or humiliate.

·       Promote sexually explicit material.

·       Include child sexual abuse material.

·       Promote violence.

·    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·       Infringe any copyright, database right or trade mark of any other person.

·       Be likely to deceive any person.

·       Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·       Promote any illegal activity.

·       Be in contempt of court.

·   Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

·       Be likely to harass, upset, embarrass, alarm or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person.

·       Give the impression that the Contribution emanates from Compass, if this is not the case.

·     Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

·       Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

·       Unless otherwise approved by Compass, contain any advertising or promote any services or web links to other sites.

WARRANTY

In submitting Content you warrant that:

·       you are publishing document/s, multimedia, applications, music or other electronic content of which you are the copyright owner, or hold express permission from the copyright owner for publication and/or distribution;

·       the content is of an acceptable nature for business and educational circulation;

·       you are not uploading large documents beyond any specified size limits;

·       the content complies with the Content Standards.

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.

BREACH OF THIS POLICY

When we consider that a breach of this Acceptable Usage Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Usage Policy constitutes a material breach of the Terms of Use  upon which you are permitted to use our Services, and may result in our taking all or any of the following actions:

·       Immediate, temporary or permanent withdrawal of your right to use our Services.

·       Immediate, temporary or permanent removal of any Contribution uploaded by you to our websites, application or the Compass Platform.

·       Issue of a warning to you.

·       Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·       Further legal action against you.

·       Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We 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.

JURISDICTION

The terms of this Acceptable Usage Policy, its subject matter and its formation are governed by Australian law. You and we both agree that the courts of Australia and will have exclusive jurisdiction.