1. RESTRICTIONS ON USE

1.1 As a condition of use of the Services, the Customer (on its own behalf and on behalf of Authorised Users) and each Authorised User agrees not to use the Services nor permit them to be used:

1.1.1 for any purpose that is unlawful under any applicable law or prohibited by this Acceptable Use Policy or this Agreement;

1.1.2 to commit any act of fraud;

1.1.3 to distribute any Virus;

1.1.4 for purposes of promoting unsolicited advertising or sending spam;

1.1.5 to simulate communications from Healthera or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);

1.1.6 in any manner that disrupts the operations, business, equipment, websites or systems of Healthera or any other person or entity (including any denial of service and similar attacks);

1.1.7 in any manner that harms or may endanger minors or any other person;

1.1.8 in connection with any service, use or purpose where the failure of the Services (or any part) may endanger the health or life of any person or cause damage or loss to any tangible property or the environment;

1.1.9 to promote any unlawful activity;

1.1.10 to represent or suggest that Healthera endorses any other business, product or service unless Healthera has separately agreed to do so in writing;

1.1.11 to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;

1.1.12 in any manner which may impair any other person’s use of the Services or use of any other services provided by Healthera to any other person;

1.1.13 to attempt to circumvent any security controls or mechanisms;

1.1.14 to attempt to circumvent any password or user authentication methods of any person;

1.1.15 in any manner inconsistent with this Agreement or with instructions provided by Healthera from time to time; or

1.1.16 in any manner which does not comply with the provisions relating to Intellectual Property Rights contained in this Agreement.

2. CUSTOMER DATA AND COMMUNICATION STANDARDS

2.1 Any Customer Data or communication made on or using the Services by any person must conform to appropriate and lawful standards of accuracy, decency and lawfulness, which shall be applied in Healthera’s discretion, acting reasonably. In particular, the Customer warrants and undertakes that any Customer Data and each such communication shall at all times be:

2.1.1 submitted lawfully and without infringement of any Intellectual Property Rights of any person;

2.1.2 free of any Virus (at the point of entering the Subscribed Service or Supplier’s systems);

2.1.3 factually accurate;

2.1.4 provided with the necessary consent of any third party;

2.1.5 not defamatory or likely to give rise to an allegation of defamation;

2.1.6 not obscene, seditious, vulgar, pornographic, sexually explicit, discriminatory or deceptive;

2.1.7 not abusive, threatening, offensive, harassing or invasive of privacy;

2.1.8 not racist, sexist or xenophobic;

2.1.9 not liable to offend religious sentiments or deeply held beliefs; and

2.1.10 unlikely to cause offence, embarrassment or annoyance to any person.

3. LINKING AND OTHER INTELLECTUAL PROPERTY MATTERS

3.1 As a condition of use of the Services, the Customer (on its own behalf and on behalf of Authorised Users) and each Authorised User agrees not to:

3.1.1 create a frame or any other browser or border environment around the content of the Services (or any part);

3.1.2 display any of the trade marks or logos used on the Services without Healthera’s permission together with that of the owner of such trade marks or logos; or

3.1.3 use Healthera’s trade marks, logos or trade names in any manner.