Acceptable Use Policy.
The BEEM Acceptable Use Policy (referred to as the "Policy") delineates the rights and responsibilities of both users and us concerning the BEEM Platform and the BEEM API. This Policy is integral to the Master Services Agreement (the "Agreement") and should be consulted alongside it. By engaging with the BEEM Platform and/or BEEM API, you affirm that you possess the requisite capacity and authority to acknowledge and adhere to the terms outlined in this Policy. Terms capitalised but not defined in this Policy are as described in the Agreement.
Who We Are and How to Contact Us
The BEEM Platform and BEEM API are managed and offered by Aspera Payments PTY Ltd. (referred to as "BEEM", "PayBEEM", "we", "us", or "our"). The Australian Transaction Reports and Analysis Centre ("AUSTRAC") authorised and supervised our operations under registration number DCEP ACN: 668 456 200. For general inquiries regarding the BEEM Platform or BEEM API, please get in touch with our support team at [email protected].
1. BEEM API
The BEEM API functions as an intermediary between the BEEM Platform and the applications or services you offer via your website, platform, or other software solutions (referred to as the "Applications"). Through the BEEM API, you have the capability to access or utilise specific content, images, photographs, illustrations, icons, text, video, audio, written material, software, or other data made available on the BEEM Platform periodically (referred to as the "BEEM API Data"). This section delineates the permissible actions, constraints, and obligations pertaining to using the BEEM API to link the BEEM Platform with your Application and your use of the BEEM API Data.
1.1. Access and Use of the BEEM API
1.1.1. You are required to:
1.1.1.1. Utilize the BEEM API solely with our provided BEEM API key.
1.1.1.2. Safeguard your BEEM API key and bear responsibility for any BEEM API usage under your key.
1.1.1.3. Ensure that your BEEM API usage adheres to:
1.1.1.3.1. The API Documentation, subject to updates.
1.1.1.3.2. The Agreement.
1.1.1.3.3. Any legal terms pertinent to your Application.
1.1.1.3.4. Any other legal terms between BEEM (or a BEEM Affiliate) and yourself.
1.1.1.3.5. Applicable Law
1.1.2. You are prohibited from:
1.1.2.1. Employing the BEEM API for spamming or to disrupt or diminish BEEM Services in any manner.
1.1.2.2. Engaging in any unlawful activities using the BEEM API, including fraud or terrorism, or promoting unlawful acts, or utilising it in a manner that:
1.1.2.2.1. Publicizes private information from the BEEM Platform on your Application.
1.1.2.2.2. Causes or aims to cause annoyance or inconvenience.
1.1.2.2.3. Is abusive, harmful, threatening, defamatory, or offensive (including uploading material containing viruses or other malicious code).
1.1.2.2.4. Breaches a legal duty to any party (including confidentiality obligations) or violates an individual's right to privacy.
1.1.2.2.5. Potentially infringes on intellectual property rights (such as copyright, trademarks, patents, etc.) of any party (including ours).
1.1.2.3. Distributing, licensing, selling, renting, leasing, or otherwise dealing with or encumbering the BEEM API.
1.1.2.4. Altering, appending to, or enhancing the BEEM API in any way.
1.1.2.5. Copying or decompiling the BEEM API except as strictly necessary for integrating it with your Application in a manner consistent with this Policy and the BEEM. Additionally, you shall not examine, explore, or test the operation of the BEEM API (or any part of it) except as permitted by law.
1.2. Licence to use the BEEM API Data
1.2.1. We provide you with a non-exclusive, revocable, and non-transferable license to download, copy, display, view, and utilise the BEEM API Data solely to access the BEEM Services per the terms outlined in the Agreement. However, you are prohibited from:
1.2.1.1. Creating permanent copies of the BEEM API Data beyond this Policy's permitted limits.
1.2.1.2. Removing, altering, or obscuring any trademarks, service marks, copyrights, or other proprietary notices within the BEEM API Data.
1.2.1.3. Engaging in the creation of derivative works from, commercially distributing, or otherwise exploiting the BEEM API Data without our prior written consent or utilising the BEEM Platform or any BEEM API Data in a manner that inaccurately implies an association between you and us or our licensors.
1.2.1.4. Using or exploiting the BEEM API Data for any purpose other than those explicitly permitted by this Policy and the API Documentation.
1.2.2. Additionally:
1.2.2.1. You acknowledge that the BEEM API Data may contain third-party intellectual property rights and agree to ensure that using such BEEM API Data does not infringe upon those rights.
1.2.2.2. You acknowledge and understand that the BEEM API and BEEM API Data may contain confidential and proprietary information and agree not to conceal, modify, remove, destroy, or alter in any manner any of our proprietary markings on or within the BEEM API, BEEM API Data, or any associated materials and documentation.
1.2.2.3. In the event of termination of any licenses granted by us to you under this Policy for any reason, you agree to promptly and permanently delete and destroy all copies of the BEEM API and/or BEEM API Data within your possession or control.
1.3. Our Disclaimer
1.3.1. To the fullest extent permitted by Applicable Law, you acknowledge that the BEEM API is provided on an 'as is' basis and that:
1.3.1.1. The BEEM API may experience interruptions or contain bugs or errors, and the presence of such bugs or errors shall not be considered a breach of this Policy.
1.3.1.2. You are responsible for your hardware, content, and any other data uploaded through the BEEM API; we bear no responsibility for any liability arising from unauthorised access to your BEEM API account by third parties seeking to misuse the BEEM API's nature and purpose (excluding instances where we access your BEEM API account as permitted under this Policy).
1.3.1.3. We are not responsible for any liability arising from unauthorised third parties' theft of your username or password.
1.3.1.4. The BEEM API may not be compatible with third-party software or equipment unless expressly stated otherwise in the API Documentation.
1.3.2. Furthermore:
1.3.2.1. We are not obligated to resolve any issues stemming from:
1.3.2.2. Modifications made to any part of the BEEM API by anyone other than us without our explicit prior written consent.
1.3.2.3. Defects or errors caused by any equipment or third-party software used in conjunction with the BEEM API.
1.4. BEEM API Updates
1.4.1. We reserve the right to make changes to the BEEM API in alignment with the terms outlined in the Agreement and the API Documentation. If any modification we implement is deemed unacceptable to you, you are advised to cease using the BEEM API. Your ongoing use of the BEEM API signifies your acceptance of the modification to the BEEM API.
2. BEEM PLATFORM
This section outlines your rights, obligations, and limitations regarding your usage of the BEEM Platform accessed through the BEEM Web Interface.
2.1. Prohibited Use of the BEEM Platform
2.1.1. Throughout your access to the BEEM Web Interface and utilisation of the BEEM Platform, you shall refrain from engaging in any actions or omissions:
2.1.1.1. Contravening any Applicable Law.
2.1.1.2. Engaging in unlawful or fraudulent activities or intending to do so.
2.1.1.3. Transmitting or soliciting unsolicited or unauthorised advertising, promotional material, or any form of spam.
2.1.1.4. Knowingly transmitting harmful computer programs or code designed to affect computer software or hardware adversely.
2.1.1.5. Engaging in harmful, threatening, defamatory, obscene, harassing, offensive, or objectionable behaviour.
2.1.1.6. Facilitating illegal activities.
2.1.1.7. Discriminating based on race, gender, colour, religious belief, sexual orientation, or disability.
2.1.1.8. Infringing upon our intellectual property rights or those of any third party.
2.1.1.9. Causing damage or injury to any person or property or promoting unlawful violence.
2.1.1.10. Damaging, disabling, overburdening, impairing, or compromising our systems or security or interfering with other customers' access to the BEEM Platform.
2.1.1.11. Collecting or harvesting information or data from any system or attempting to decipher transmissions to or from the BEEM Platform servers.
2.1.1.12. Uploading terrorist content.
2.1.2. Additionally, you agree not to access without authority, interfere with, damage, or disrupt:
2.1.2.1. Any part of the BEEM Platform.
2.1.2.2. Any equipment or network where the BEEM Platform is stored or hosted.
2.1.2.3. Any software utilised in providing the BEEM Platform.
2.1.2.4. Any equipment, network, or software owned or used by any third party.
2.2. BEEM Platform Updates
2.2.1. We reserve the right to make changes in accordance with the Agreement. If any change we implement is unacceptable to you, you should discontinue using the BEEM Platform. Your continued use of the BEEM Platform implies your acceptance of the modification to the BEEM Platform.
2.3. BEEM’s Rights to Monitor Compliance
2.3.1. We retain the right to access your User accounts on the BEEM Platform at any time to monitor their activity, ensuring compliance with the terms of this Policy and the Agreement.