Your Membership Account – Your Responsibility
You are entirely responsible for maintaining the confidentiality of your Account information. You are entirely responsible for any and all activities which occur under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security known to you.
Members’ Behaviour – Acceptable Conduct
PADIGE platform is made available for your personal, non-commercial use only. You may not use PADIGE for any illegal or unauthorised purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. Members are solely responsible for their own conduct and any text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof that they submit, post, e-mail, display or otherwise transmit within PADIGE platform (“Materials”).
The following non-exhaustive types of inappropriate behaviour will not be tolerated in PADIGE and by becoming a PADIGE Member you undertake to all other PADIGE Members that you will not: (a) use PADIGE in a manner inconsistent with its purposes or these Terms and Conditions; (b) use Members’ personal data for purposes other than establishing bona fide contact within PADIGE; (c) act in breach of the PADIGE (Privacy Statement); (d) upload, post, email or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, intimidating, offensive, defamatory, vulgar, obscene, libellous, invasive of another’s privacy or confidentiality, hateful, harmful or racially, ethnically or otherwise objectionable; (e) interfere with other Members’ use and enjoyment of the PADIGE; (f) infringe another’s intellectual property (intellectual property includes patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party); (g) jeopardise or prejudice the operation, quality or integrity of the PADIGE online platform, or the operation, quality or integrity of any telecommunications network; (h) use PADIGE for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use PADIGE to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising material; (i) impersonate any person or entity, including, but not limited to, the PADIGE community managers or moderators, or falsely state or otherwise misrepresent your affiliation with a person or entity; (j) mislead others by, for example, concealing or disguising the origin of a message or the nature of any Materials; (k) harvest or otherwise collect information about others, including e-mail addresses, without their consent or use any robot, spider, site search/retrieval application, or other device to retrieve or index any content in PADIGE; (l) distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (m) use PADIGE in a manner contrary to the terms and conditions of any Internet Service Provider whose services you may use; (n) attempt to gain unauthorized access to any aspect of the PADIGE platform or computer systems; (o) modify, adapt, translate, or reverse engineer any part of PADIGE; (p) reformat or frame any portion of the web pages that are part of PADIGE; or (q) remove any copyright, trademark or other proprietary rights notices posted in PADIGE.
Limits on PADIGE’s Responsibilities
PADIGE does not control the Materials submitted, posted, emailed, displayed or otherwise transmitted by Members and, as such, we cannot guarantee the accuracy, truthfulness, integrity or quality of such Materials. Although we have adopted these Terms and Conditions for Members, you understand that by using PADIGE, you may be exposed to Materials that you find offensive or objectionable.
Under no circumstances will we be liable in any way for any Materials (other than for content created by us), including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials submitted, posted, emailed, displayed or otherwise transmitted to or through PADIGE.
As the essence of PADIGE is to provide a real-time environment for Members to communicate with other Members, PADIGE cannot accept a general obligation to monitor Members’ use of PADIGE. However, PADIGE does agree to use reasonable endeavours to address any breaches of these Terms and Conditions where it is notified of a material breach thereof. Accordingly, we may, but shall have no obligation to, remove Materials that we determine in our sole discretion to be unlawful, fraudulent, threatening, libellous, defamatory, obscene or otherwise objectionable, or which we feel may infringe or violate any party’s intellectual property, privacy or other proprietary rights or these Terms and Conditions.
Exclusions of Liability – When we will not be Responsible
YOUR MEMBERSHIP AND USE OF PADIGE PLATFORM IS AT YOUR SOLE RISK. IN NO EVENT SHALL THE PADIGE PARTNERSHIP AND COMMUNITY MANAGERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE PADIGE OR ANY MATERIALS, WHETHER BASED ON STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL CAUSE, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PADIGE does not warrant that PADIGE will operate uninterrupted or be error free, that defects will be corrected, or that PADIGE or the servers that make it available are or will be free of viruses or bugs.
PADIGE Proprietary Rights – Your Right to use our Materials
PADIGE does not claim any ownership rights in any Materials that Members submit, post, or display on or through PADIGE. After submitting, posting or displaying Materials on or through PADIGE, Members continue to retain all ownership rights in such Materials, and they continue to have the right to use their Materials in any way they choose.
Provided that you comply with your membership obligations under these Terms and Conditions, PADIGE grants to Members a non-exclusive, non-transferable, limited right to access PADIGE and all Materials displayed in PADIGE.
Notice and Takedown Procedure
You are solely responsible for your interactions with other Members. PADIGE reserves the right, but has no obligation, to monitor disputes between you and other Members.
If you feel that any Materials have been posted on PADIGE which are in breach of these Terms and Conditions, you should report it to the PADIGE community management. Please supply us with as much information as possible, and the PADIGE staff shall respond, using our reasonable discretion, by editing or removing content that we reasonably consider to be in breach of these Terms and Conditions. If the PADIGE managers deem it appropriate, the Member who posted the infringing Materials will be banned or suspended from PADIGE to limit the possibility of any further infringing Materials being posted. Notwithstanding that PADIGE will endeavour to address all complaints as we deem fit in accordance with the foregoing, the limitations of liability contained in these Terms and Conditions shall to the fullest extent permitted by law apply to any acts or omissions by PADIGE in respect of any complaints PADIGE receives.