Platform terms

By accessing and using the online document repository platform (the “Platform”) provided by Aerotruth Pty Ltd (ACN 646 711 284) (“Aerotruth”) at www.aerotruth.com, all users (“Users”) agree to be bound by these terms of use (“Terms”).

Users may only gain access to use the Platform if they are customers of Aerotruth that have signed or otherwise entered into Aerotruth’s Terms of Engagement (the “Terms of Engagement”), or have been invited to use the Platform as a guest of a customer or a trial user. These Terms form part of and are incorporated into the Terms of Engagement. Users may only use the Platform strictly in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Aerotruth.

Each User will be responsible for all activity that occurs through its use of the Platform and the security of its passwords or credentials for the use of the Platform. Aerotruth shall not be liable for any content, representations, statements, services, products or other information or data posted into the Platform by any User or any misuse by the User, or any third party, of the User’s credentials for the use of the Platform.

Aerotruth takes data security very seriously. Aerotruth’s systems have been designed in accordance with ISO27001 and industry best practices.

This document sets out Aerotruth’s data security policies and procedures.

Data security (storage and transmission). Any data stored with Aerotruth (including documents) is encrypted. Aerotruth controls the encryption keys used for this. Any data transmitted between a user and the Aerotruth system must be done over a secure connection. Aerotruth regularly reviews the protocols used in this encryption with the aim of ensuring they are consistent with current industry best practices.

Cloud and infrastructure management. All software changes are reviewed before being included in the system, and any changes that may impact security are reviewed by Aerotruth with the aim of ensuring they are consistent with best practices. All software changes run through a suite of automated tests before being included in the system, including tests to check the accessibility of data and permissions within the system. Aerotruth regularly reviews its infrastructure with its cloud providers with the aim of ensuring it meets security best practices.

Data breaches. Aerotruth’s response to a data breach would depend on the nature of the breach. If the breach was due to unauthorised account access, we would seek to immediately shut off access and take necessary steps to determine if any other accounts were compromised. In the case of a more substantial data breach, we have the ability to take our systems offline quickly to prevent access while we ascertain the nature of the breach and take appropriate steps. If a data breach were to occur, we would inform our client and the individuals concerned as soon as practicable, along with what steps we are taking to limit damage and contain further breaches.

Aerotruth reserves the right to remove any content posted into the Platform that it considers (in its sole discretion) to be offensive, objectionable or otherwise unlawful.

Upon registering with Aerotruth to use the Platform, all Users agree to:

• provide true, accurate, current and complete information about themselves as prompted by the Platform (as applicable) (“User Information”); and
• promptly notify Aerotruth of any changes to their User Information in order to ensure that it remains true, accurate, current and complete

No User may use the Platform for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.

Users must not (and must ensure any user they authorise to use the Platform does not) use the Platform for any malicious purposes, including:

• to introduce malicious programs into Aerotruth’s hardware and software or systems, including any viruses or malware through any channel;
• to allow others who are not authorised to access or use the User’s account, password or authentication details to do so;
• to carry out security breaches or disruptions of a network. This includes accessing data where the User is not the intended recipient or logging into a server or account that the User is not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);
• to use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform;
• to circumvent user authentication or security of any of Aerotruth’s networks, accounts or hosts or those of members or suppliers;
• to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or
• if applicable, to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”).

Users must not (and must ensure any user they authorise to use the Platform does not):

• introduce (or cause the introduction of) any virus, spyware or other similar feature that in any way compromises or may compromise the Platform;
• use the Platform in any way that is non-compliant with these Terms;
• use the Platform in any way that damages, interferes with or interrupts the supply of the Platform.

Users may only access the Platform through standard means as approved by Aerotruth (in its sole discretion), and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.

Any User that accesses and uses the Platform on behalf of another person or entity confirms that he, she or it is fully authorised to do so and agrees to these Terms on that person or entity’s behalf.

All Users agree that Aerotruth may introduce any third party to a User with a view that the relevant User executes a partnership or commercial transaction with the third party. All Users agree that Aerotruth may be paid a fee by or on behalf of such third party for the introduction or other services.

All Users agree (and must ensure any user they authorise to use the Platform agree) that Aerotruth solely owns all of the intellectual property rights existing in the Platform (and all improvements to the same).

The User must not and must ensure that any other person (including any user they authorise to use the Platform) does not use the Platform in any way that:

• breaches or infringes any person’s rights or causes Aerotruth to breach or infringe any person’s rights;
• breaches any intellectual property rights, whether directly or indirectly, including to (unless authorised under these Terms or Aerotruth otherwise provides its prior written consent):
• copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile the Platform (or any part of the Platform) or otherwise attempt to discover any part of the source code of the Platform;
• use any unauthorised, modified version of the Platform, including (without limitation) for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Platform;
• use the Platform in a web-enabled form for the purposes of third-party analysis or view via the internet or other external network access method;
• rent the use of the Platform to any third parties or sell, transfer, or distribute any or all of the Platform.;
• take any action that may compromise or jeopardise Aerotruth’s intellectual property rights in the Platform or otherwise;
• remove or deface any confidentiality, copyright or other proprietary notice placed on the Platform; or use the Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing.

Each User indemnifies, and will keep indemnified, Aerotruth against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Aerotruth may incur or be subject to or suffer as a result of User’s interference with any person’s privacy or breach of any intellectual property rights or law.

Each User must report to Aerotruth the disclosure or suspected disclosure of the User’s credentials, or the theft, loss, abuse, change, interference with or replication of any of User’s devices used to access the Platform, as soon as the User is aware of, or suspects, such disclosure has occurred. Each User is responsible for use of the Platform up until the time we receive the User’s report of such an occurrence, and any failure by the User to report any such occurrence may increase the User’s potential liability for losses from unauthorised transactions or losses to Aerotruth arising from such breach.

Each User is responsible to Aerotruth for all liabilities we incur directly or indirectly in relation to the User’s use of the Platform or use of any service provided by Aerotruth. To the full extent permitted by law, each User releases and indemnifies Aerotruth for any and all such liabilities, except to the extent they arise directly from Aerotruth’s wilful default or fraud. Aerotruth is not responsible for the consequences of anything beyond our reasonable control.

Where any applicable laws imply into the Terms any term, condition or warranty in respect of the services provided by Aerotruth, our liability for any such breach of any term, condition or warranty shall be limited (to the full extent permitted by the law) at our option, to any one or more of the following:

(a) the re-supply of the services; or

(b) the payment of the cost of having the services supplied again.

Each User is solely responsible for any consents and notices required to permit User to use the Platform and Aerotruth storing and processing data or information provided by the User (including User data, if applicable) under the Terms. Where User has provided information or data about User or any third party to Aerotruth, User warrants that User has either obtained their consent or has provided them with notice of User’s disclosure of their information to Aerotruth, and provided them with a copy of Aerotruth’s privacy policy which can be found at: www.aerotruth.com.

Aerotruth reserves the right to amend these Terms from time to time. Material changes to these Terms will become effective 30 days after they are posted, except to the extent the changes are required by applicable law, in which case they will be effective immediately. A User’s continued use of the Platform after such change will constitute User’s consent to such changes.

Aerotruth is permitted (in its sole discretion) to alter, suspend, discontinue or restrict access to the Platform with or without notice to Users and shall incur no liability for doing so provided those changes do not substantially and adversely affect a User’s use and enjoyment of the Platform.

By way of example, a change that would substantially or adversely affect a User’s use and enjoyment of the Platform:

• would include a fundamental change to the Platform, such as discontinuing the Platform; and
• would not include changing minor features or the look or feel of the Platform.

In relation to changes to the Platform that would substantially and adversely affect a User’s use and enjoyment of the Platform, Aerotruth agrees to provide a User with notice of any such change at least 30 days prior to the change taking place, except to the extent the changes are necessary to secure or protect the Platform due to events beyond Aerotruth’s reasonable control or are required by applicable law, in which case they will be effective immediately. On receiving this notice, a User may choose to terminate the Terms of Engagement in accordance with the termination clause. A User’s continued use of the Platform after such change will constitute User’s consent to such changes.

For the avoidance of doubt, each User agrees that Aerotruth may take any measures that we deem appropriate in the interests of maintaining the integrity of our security and of the Platform.

No User may publish or use Aerotruth’s trade marks, brand, branding or logos except with Aerotruth’s prior written consent.

Aerotruth will try to promptly address (during normal business hours in the governing law jurisdiction noted in the Terms of Engagement) all technical issues that arise on the Platform. However, Aerotruth will not be liable for any loss or damage suffered as a result of any partial or total breakdown of the Platform or any technical malfunctions on it, the Platform being unavailable or performing slowly, or any viruses or other forms of interference that may damage any User’s computer system.

No User may publish or use Aerotruth’s trade marks, brand, branding or logos except with Aerotruth’s prior written consent.

Aerotruth makes no representation or warranty that the Platform is appropriate or available for use in all countries or that it satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of the Platform is not illegal or prohibited in their relevant country.

Aerotruth will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Aerotruth. A failure to exercise or delay in exercising any right by Aerotruth under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Aerotruth’s prior written consent (such consent will not be unreasonably or arbitrarily withheld or delayed). Aerotruth may, at any time, assign or transfer any of its rights or obligations under these Terms with notice to the User (and without the User’s consent).

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

In the event of any inconsistency between these Terms and the Terms of Engagement, the Terms of Engagement will prevail.

These Terms will be governed by and construed in accordance with the governing law and jurisdiction clause in the Terms of Engagement.