Fair Use Policy

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  1. Our Fair Use Policy applies to goods and services which are stated to be subject to the Fair Use Policy (“Fair Use Services”).
  2. 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.
  3. We reserve the right to vary the terms of this Fair Use Policy from time to time.
  4. We may rely on the Fair Use Policy where your usage of the Fair Use Services is unreasonable, as defined below.

Unreasonable use

  1. 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


  2. 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

Our Rights

  1. 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


  2. This policy is supplementary to and does not limit any of Benchmarking.com.au’s rights.