Code of Conduct

This Code of Conduct Document (the Document and Code of Conduct) is incorporated into the agreement between ADVICATOR LTD (TRADING AS ‘ADVICATOR’) (the Supplier) and you (the Customer) pursuant to the Master SaaS Terms, which can be found here: www.advictor.com/termsandconditions (the Agreement). Capitalised terms used in this Document shall have the same meaning as ascribed to them in the Agreement.

This Code of Conduct Document was last updated on 1st August 2019. This document can be downloaded here.

1. Introduction

1.1 This Code of Conduct (as Updated from time to time) is incorporated into our Agreement pursuant to the Master SaaS Terms. It governs how the Customer, Authorised Affiliates and Authorised Users may access and use the Services.

2. Customer obligations

2.1 The Customer shall at all times and in all respects:

2.1.1 perform its obligations in accordance with the terms of the Agreement (and this Document);

2.1.2 only use, make use of, cause, allow or permit to be used the Services solely for the Permitted Purpose and in accordance with the terms of the Agreement, this Document and any Order Form;

2.1.3 comply with any additional or special responsibilities and obligations of the Customer specified in each Order Form;

2.1.4 pay the Fees for the Services in accordance with the provisions of clause 9 of the Agreement and the terms of the Order Form;

2.1.5 co-operate with the Supplier in all matters arising under the Agreement and this Document or otherwise relating to the performance of the Services;

2.1.6 provide all information, documents, materials, data or other items necessary for the provision of the Services, to the Supplier in a timely manner;

2.1.7 inform the Supplier in a timely manner of any matters (including any health, safety or security requirements) which may affect the provision of the Services or the performance of any Order Form; and

2.1.8 obtain and maintain all necessary licences, permits and consents required to enable the Supplier to perform the Services and otherwise comply with its obligations under the Agreement and this Document.

2.2 The Customer shall ensure that:

2.2.1 it complies with all reasonable instructions, conditions and requirements issued by the Supplier at any time which are applicable to and/or affect the Services;

2.2.2 no unauthorised person or persons gain access to the Services;

2.2.3 any login code(s), password(s), PIN(s) and/or pass card assigned or issued by the Supplier to the Customer in connection with the Services is kept strictly confidential and not disclosed to any unauthorised person;

2.2.4 it shall not (and shall procure that Authorised Affiliates shall not) do anything to bring the Supplier into disrepute; and

2.2.5 it shall only use any data and information related to or in connection with the Services for the Permitted Purpose.

2.3 The Customer acknowledges and accepts that it is responsible for ensuring that all information provided to the Supplier under or in connection with the Agreement and this Document, and when ordering or giving instructions in relation to the Services, is accurate, complete and not misleading in any way whatsoever and the Supplier shall be entitled to accept that such information is accurate, complete and not misleading (and the Supplier shall be under no obligations to carry out any further investigations or make further enquiries).

2.4 The Customer shall not (and shall ensure, where relevant, that all End Users and all Authorised Affiliates shall not) use the Services (or permit the Services to be used) and each Authorised User agrees not to use the Services:

2.4.1 in any manner which will impair the operation of the Services in any way;

2.4.2 for purposes of promoting unsolicited advertising or sending spam;

2.4.3 to simulate communications from the Supplier or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
2.4.4 to distribute any Virus;

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

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

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

2.4.8 in any unlawful manner, for any unlawful purpose, fraudulently, in connection with a criminal offence, or in any manner inconsistent with the provisions of the Agreement;

2.4.9 to send messages or communications which are offensive, abusive, menacing, obscene, annoying, incite hatred, panic or anxiety or which are otherwise unlawful;

2.4.10 to access, transmit, publish, display, advertise or make available in any way material which infringes copyright or any other Intellectual Property Right held in any country, is obscene or pornographic or otherwise objectionable, contains threats of any kind, is defamatory in any way or breaches confidence, which is illegal or infringes on any third party’s legal rights of whatever nature under the laws of any jurisdiction for any reason;

2.4.11 in any manner which conflicts with any accepted industry guidelines, practices, codes or memoranda of understanding and in any case so as to cause any impact upon the Supplier’s business relations and/or reputation with its partners, suppliers contractors and/or customers;

2.4.12 in any manner inconsistent with our Agreement or any instructions provided by the Supplier from time to time; or

2.4.13 for any purpose which may result in illegal access to or collection of data while in transit, illegal access to computers or networks, spamming, flooding or any other broadcasts of whatever nature together with any other activity which may adversely affect the Supplier or any third party.

2.5 The Customer shall ensure that all End Users and all Authorised Affiliates shall:

2.5.1 only use, make use of, cause, allow or permit to be used the Services solely for the Permitted Purpose and in accordance with the terms of the Agreement, this Document and any Order Form;

2.5.2 not, other than for the Permitted Purpose, resell or disclose to any third party (in any manner or any form) any data or other information which could compromise the privacy of End Users by disclosing identity or location data (even if such data forms part of the Services);

2.5.3 comply with their respective obligations under the Company’s Data Protection Policy (located here: www.advicator.com/dataporcessingpolicy and their respective obligations under the Data Protection Laws (as defined in the Supplier’s Data Protection Policy).