For the purpose of these Terms and Conditions, the term "User" means the individual to whom a password to access the Citrix Platform has been allocated and whose password has been used resulting in the disclosure of these Terms and Conditions.

For the purpose of these Terms and Conditions, the expression "Policy" means the document entitled "Information Technology" and bearing the reference "WP-CLE-003".
 

1. User Obligations

The User must:

1. comply with all applicable laws when using The CE Property Services Group's Citrix Platform and must not use The CE Property Services Group's Citrix Platform for any illegal or fraudulent purpose;
    
2. comply with The CE Property Services Group's privacy statement, found on The CE Property Services Group's website at (http://www.Cleanevent.com/privacy.asp) and any other policy provided by The CE Property Services Group from time to time; and
    
3. comply with the relevant CE Property Services Group's Technology Policies regarding the use of The CE Property Services Group's technology resources in addition to these Terms and Conditions;
    
4. maintain the confidentiality of Confidential Information contained on or accessed through The CE Property Services Group's Citrix Platform. They must only use the CE Property Services Citrix Platform in connection with the performance of the User's employment duties and in compliance with these Terms and Conditions and any other directions issued to the User from time to time by or on behalf of its employer. For other users, such as clients, the User must only use the CE Property Services Citrix Platform for the purpose expressly authorised and otherwise in accordance with any directions issued to the User from time to time by a member of the CE Property Services Group.

2. The CE Property Services Group's Responsibility

1. The CE Property Services Group takes no responsibility for any programming bugs or computer viruses, faults or errors on the Citrix Platform or the information contained on or accessed through the Citrix Platform nor any loss or damage to data or hardware which may be caused as a result of using the Citrix Platform.
    
2. The CE Property Services Group may at any time, modify or discontinue (wholly or partly) the use of the Citrix Platform.

The CE Property Services Group does not warrant or represent that:

1. any software or application accessed via the Citrix Platform has not been altered in transmission;
    
2. any information (including any file) downloaded or otherwise transmitted to a User from the Citrix Platform is free from viruses, faults or errors;
    
3. Users or potential Users will have continuous access to the Citrix Platform. The CE Property Services Group will not be liable in the event that the Citrix Platform is unavailable to users or potential Users; and
    
4. any data or information uploaded or stored on the Citrix Platform by users will be backed up or saved in any way.

3. Prohibited Activities

With respect to access to the Citrix Platform, it is strictly prohibited for any person including the user to:

• Allow access to the Citrix Platform by any unauthorised person;
• Distribute or allow access to the Citrix Platform account details, including any relevant instructions, in relation to access to the Citrix Platform in any way;
• Impersonate any other person or allow any other person to impersonate them or make use of their username or password;
• Share or attempt to share a Citrix connection through external connections, dial-in access or remote desktop type applications to parties which have not been properly authorised;
• Access or attempt to access any sections of Citrix to which they are not authorised. Where relevant, access rights have been granted to the appropriate areas;
• Store any of their own personal files or software on the Citrix Platform;
• Use any software, other than standard approved web browsers, which may access or use Citrix. This includes, but is not limited to ftp clients, chat software, applets or servers of any type other than those which are automatically loaded whilst accessing Citrix;
• Run any form of software, computer program or virus type program on the Systems which may affect the performance or damage Citrix in any way;
• Use "push" applications to automatically place data on the Systems or ‘pull' applications which automatically pull information from the Citrix Platform or use, publish or copy content and files automatically to another location. This includes general notification programs that may inform of updates to the Citrix Platform other than the use of subscription type services;
• Upload, display, create or distribute material (files, images, text or otherwise) of any nature that is not related to The CE Property Services Group's business, including content that contains sexually explicit material or material of an offensive nature, defamatory, obscene or harassing content, racial, ethnic, sexual or gender specific content or other content that would offend someone on the basis of their religious or political beliefs, sexual orientation, national origin or age;
• Copy, modify, reverse engineer or decompile any software available or in use on the Citrix Platform;
• Impede the use of the Citrix Platform by any person;
• Alter Citrix in anyway including linking it to any website;
• Use any device, software or routine to interfere or attempt to interfere with the proper working of Citrix or any activity conducted via Citrix; \
• Provide or establish links to the Citrix Platform; and
• Provide their dial in or network login details to any other person including family members;
• Reconfigure equipment external to The CE Property Services Group for the purpose of split-tunnelling, dual homing or sharing a remote connection to The CE Property Services Group;
• Use a computer or laptop that does not have installed the most reasonably up-to-date anti-virus software, including personal computers and third party connections.
  
   

4. Liability and Indemnity

The user will be liable for and continually indemnifies The CE Property Services Group and its directors, officers, employees, and agents against all loss suffered or incurred by any of those indemnified as a result of a breach of this policy by the user, or anything that the user does or fails to do under or in connection with this policy. Without limiting the above, this includes any loss caused by:

1. any breach by the user of this policy; or
    
2. any act or omission (including any negligence, unlawful conduct or wilful misconduct) by the user relating to the subject matter of this policy, except in each case to the extent that such claims, liabilities, losses, damages and costs result or arise from a breach by The CE Property Services Group of this policy or to the extent they occurred under the direction of The CE Property Services Group.
    

5. Limitation of Liability
 

To the full extent permitted by law, The CE Property Services Group, its directors, employees, agents, contractors and related bodies corporate, will be under no liability to any person in respect of any loss or damage (including consequential and special loss or damage) which may be suffered or incurred or which may arise directly or indirectly from or in connection with.

1. any use of Citrix or of the information contained on or accessed through the Citrix Platform;
    
2. services provided by The CE Property Services Group in relation to the Citrix Platform; and
    
3. whether or not such loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.

 

6 Intellectual Property, Information and Confidential Information
 

All intellectual property rights accessed through Citrix are owned by or licensed to one or more of the entities comprising the CE Property Services Group.

 

6.1 Intellectual Property

1. All intellectual property rights (including copyright and trademarks) in the material contained on or accessed through Citrix is owned by or licensed to The CE Property Services Group. Except as permitted by the Copyright Act 1968 (Cth), no part of the CE Property Services Management System or the CE Property Services Groups platforms may be modified or reproduced by any process without the specific written permission of CE Property Services Holdings Pty Ltd.
    
2. Neither the User or the Organisation will have any right, title or interest in any of the intellectual property rights in or arising out of the use of the Citrix Platform or anything relating to the Policy and, to the extent that it owns or controls such rights it will, if requested to do so by The CE Property Services Group execute all documents and do all things necessary to vest ownership in The CE Property Services Group; and
    
3. Access to the Citrix Platform does not give the User permission to reproduce or publish any member of the CE Property Services Group or Citrix trade mark.
   
    

6.2 Confidential Information

1. For the purpose of this clause, "Confidential Information" means the CE Property Services Citrix Platform and any information stored or accessible on it, whether or not marked as confidential, including but not limited to:

1. information relating to the personnel, policies, business plans, finances, business, organisation, transactions or affairs of the CE Property Services Group or any of its members, or its/their suppliers, clients and/or potential clients;
2.  information relating to client lists, trade secrets, intellectual property, secret or confidential operations, processes, know-how, business models, approaches or methods of operation developed by the CE Property Services Group or any of its members in the course of its or their business;

but does not include anything which:

3. is already known to the User at the time of first disclosure to the User, as established by the prior written records of the Users; or
4. through no act or failure to act on the part of the User, becomes part of the public domain after first disclosure to the User; or
5. is disclosed or otherwise made known to the User after the date of disclosure to the User on the said Platform, except where such disclosure or making known occurs in breach of any obligation of confidentiality or non-disclosure owed to the CE Property Services Group or a member of it.

2. The User must hold the Confidential Information in strict confidence and may only use the Confidential Information in the legitimate exercise of its duties as an employee of a member of the CE Property Services Group.
    
3. The User must not at any time during the course of their employment or subsequently, except as expressly authorised by its employer or former employer, disclose to any person, or copy any Confidential Information. If the User is required or authorised to make a copy of any Confidential Information during the course of their employment, then such copy remains the property of the User's employer.
    
4. The User must take all necessary reasonable steps to prevent Confidential Information being disclosed to any unauthorised person.
    
5. The User indemnifies the CE Property Services Group and each of its members against any loss which arises as a result of any breach by them of their obligations under this clause.
    
6. The User must immediately notify its employer of any actual or suspected unauthorised use, copying or disclosure of Confidential Information.
    
7. The User must provide any assistance reasonably required by its employer in any proceeding brought by any one or more members of the CE Property Services Group against any person for unauthorised use, copying or disclosure of any Confidential Information.
    
8. The obligations in this clause are in addition to any obligations of confidentiality imposed on the User by law and shall continue until such time as the relevant Confidential Information enters into the public domain other than by breach of these Terms and Conditions.

6.3 The Nature of the Information Contained on or Accessed Through Citrix
 

Users acknowledge and agree that:

1. the information contained on or accessed through Citrix may be provided by third parties and therefore The CE Property Services Group is not responsible for the information and makes no representations or warranties as to the reliability, currency or accuracy of such information and does not vet or endorse the accuracy, currency or completeness of such information; and
    
2. The CE Property Services Group's information contained on or accessed through the Citrix Platform remains the property of The CE Property Services Group at all times.