- Our Fair Use Policy applies to goods and services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
- Our Fair Use Policy is intended to ensure:
a. the availability of Our Services to all eligible Benchmarking.com.au Customers; and
b. that the Fair Use Services are not used in an unreasonable manner.
- We reserve the right to vary the terms of this Fair Use Policy from time to time.
- We may rely on the Fair Use Policy where your usage of the Fair Use Services is unreasonable, as defined below.
- It is reasonably considered by Benchmarking.com.au to: It is unreasonable use of a Fair Use Service where your use of the service
- a. not in line with your license agreement;
- b. involve a non-ordinary use or distribution of intellectual property;
- c. cause significant server and network congestion, disruption or otherwise adversely affect the benchmarking.com.au services; or
- d. adversely affect another person’s use of or access to the Fair Use Services
- Without limitation:
- a. Fraudulent use includes resupplying or reselling a Service without Benchmarking.com.au’s written consent so that someone else may access, use or commercially exploit a Fair Use Service;
- b. Non-ordinary use includes circumstances where you access a Service from locations and/or IP addresses in any non-ordinary manner or in potential breach of your license allocation.
- c. Unreasonable use includes views / downloads of more than the amount of Australian Benchmark Reports and associated downloads within a rolling 30 days than listed below:
- -15 downloads for non-Certified Partners
- -30 downloads for Certified Partners
- -Unlimited downloads for Gold Certified Partners
- If we reasonably consider your use of the Fair Use Services is unreasonable, we may, at our sole discretion, without telling you before we do so:
- a. suspend or limit the Service (or any feature of it) in accordance with our agreement with you; and/or
- b. terminate the Service in accordance with our Agreement with you.
- c. issue an invoice for non-licensed use among sites that do not hold a current license
- This policy is supplementary to and does not limit any of Benchmarking.com.au’s rights.