Acceptable Use Policy

By continuing to use our website and services available at www.deeligence.com and any other domain or sub-domain using .deeligence.com (the Website) or using the web-based software application Deeligence (the Deeligence Platform), you agree to be bound by this Acceptable Use Policy (Policy).

To enable our customers to seamlessly use our Website and Deeligence Platform to complete due diligence, we need to ensure that our system or products are not abused.

In this Policy, ‘we’, ‘us’ and ‘our’ refer to Deeligence Pty Ltd ACN 665 609 307 (Deeligence), and ‘you’, ‘your’ and ‘user(s)’ refer to you as a customer of Deeligenceor user of our Website and/or the Deeligence Platform. Where you are accessing or using the Website or the Deeligence Platform on behalf of an organisation (for example your employer) you represent and warrant that you are authorised to acceptand agree to this Policy on behalf of that organisation which shall be bound by it and “you”, “your” shall be construed accordingly.

Your use of our Website and Deeligence Platform, and other products and services we provide (collectively, the Services) must not violate any applicable laws and regulations in your jurisdiction. This includes, but is not limited to, intellectual property laws, data protection and privacy laws and export control laws.

When you use the Services, you agree to comply with all of our terms and conditions, including the terms of this Policy. If you do not agree with any of the terms or you are unable to comply with them, you must not use the Services.

When using the Services, you agree that you will only upload, post, host, store, communicate or display content that:

• you have all rights required under law and under any applicable contracts to upload, post, host, store, communicate and display (for instance, rights of ownership or a sufficiently broad licence to do so);
• is content that you upload, post, host, store, communicate or display consistent with applicable law;
• does not infringe the intellectual property rights of any other person;
• is not unlawful and does not encourage any activity that may violate any applicable law or contract;
• is not fraudulent and does not constitute a fraudulent misrepresentation or promote fraudulent activity;
• is not and does not contain offensive, abusive or sexually obscene content;
• is not libellous or defamatory;
• is not discriminatory in respect of any individual or group
• is not unsolicited, unwanted or harassing;
• is not a mass email or other commercial message, promotion, offer, advertisement, or solicitation (also known as spam);
• does not contain viruses, malware, trojan horses, worms, or any other malicious or harmful program or code; and
• does not give rise to any civil or criminal liability for you or us.

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Importantly, you must not upload, post, host, store, communicate or display content that includes any sensitive data without having clear and explicit consent of the relevant individuals to whom the sensitive data relates, or other clear lawful grounds to do so. This sensitive data may include any personal data that reveals:

• racial or ethnic origin;
• political opinions;
• religious or philosophical beliefs;
• trade union membership;
• genetic data;
• biometric data used for the purposes of uniquely identifying a living person;
• data concerning health; or
• data concerning a living person’s sex life or sexual orientation.

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You agree that you will not:

• access, use, alter or interfere with any areas of the Services that you are not authorised to access;
• check or test the vulnerability of any of our systems or networks or breach or circumvent any security or authentication mechanism;
• disassemble, decompile, reverse-engineer or modify any component of the Services, or use any automated means to collect information from the Services;
• sell, lease or sublicense any part of the Services or the content contained within or hosted on the Services;
• attempt to destabilise, interrupt or overload our infrastructure by placing unreasonable burdens on our resources, including by sending requests to our systems more rapidly than could be achieved by a human user;
• misuse the Services by tampering with their normal operation, or trying to access them using a method or interface other than those we provide;
• transmit any viruses, malware, trojan horses, worms, or other types of malicious or harmful software or code, or links to such software or code, onto or through the Services;
• impersonate another person or organisation, including any of our employees, or misrepresent your identity;
• reproduce, communicate, adapt, record, transfer, publish, perform, display, broadcast, distribute, offer or make available any of the content contained within or hosted on the Services in contravention of any applicable law or in breach of any person’s intellectual property rights;
• remove or amend any intellectual property notices contained in or displayed on the Services;
• use another person’s login details for the Services without their permission; or
• breach another person’s privacy, for example by posting their personal information without first obtaining their consent or having another lawful ground(s)to do so.

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You must not conduct or attempt to conduct web scraping of any part of the Website or any of the Services, including any content contained within or hosted on the Services.

If you fail to comply with this Policy, we:

• reserve the right to immediately suspend your account and/or your access to the Services, without liability for us (to the extent permitted by law); and
• are also entitled to immediately remove any content you upload, post, host or transmit that we consider or suspect to be in breach of this Policy or any of our other terms and conditions, without prior notice to you and without liability for us (to the extent permitted by law).

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Our rights to suspend your account and to remove content do not limit any other rights or remedies that may be available to us. We will inform you of any changes to this Policy by posting the updated Policy on our websites, and any changes will take effect from the date on which we post the new Policy. If we make a significant change to this Policy, we will take reasonable steps to notify you prior to the change taking effect. If you do not agree with (or cannot comply with) any change we make to this Policy, you must not use the Services.