Terms and Conditions

1.0 Definitions and Interpretations

2.0 Term of Agreement

2.1 Commencement

This Agreement shall commence when Information Brokers Pty Ltd accepts the Client’s on-line registration or application. Notification of acceptance will be provided via e-mail within one (1) hour of Information Brokers Pty Ltd acceptance of the Client’s application. The Client’s application will be subject to security and operational verification so that Information Brokers Pty Ltd can be assured that the Client’s Information Brokers Pty Ltd access account is valid and representative of the Client and that such account has not been established in a manner, which misrepresents the Client. Information Brokers Pty Ltd will be under no obligation to provide Information Brokers Pty Ltd access until such time as the security and verification process has been validated.

2.2 Variation

2.2.1 Information Brokers Pty Ltd reserves the right to vary, change or discontinue any feature of Information Brokers Pty Ltd at any time, including content, hours of availability, pricing, equipment required for access and these Terms and Conditions of Use.

2.2.2 In the majority of circumstances, Information Brokers Pty Ltd will update the Information Brokers Pty Ltd website www.ib.com.au to notify Clients of any changes as described under 2.2.1.

2.2.3 it is the Client’s sole responsibility (including any of its Authorised Users) to inform itself in regards any notifications referenced under clause 2.2.2.

3.0 Termination

3.1 Registration Details and Suspension

Information Brokers Pty Ltd access will only be provided to the Client where the Registration Details are correctly representative of the Client. Information Brokers Pty Ltd, at its sole discretion, will suspend the Client's Information Brokers Pty Ltd access account where the Registration Details provided by the Client are found to be misrepresentative.

3.2 Automatic Termination

Automatic termination of this Agreement will apply where the client:

(a) Attempts to use Information Brokers Pty Ltd without having paid all relevant charges in advance (this condition is not applicable where a client has an approved Information Brokers Pty Ltd Commercial Credit Facility); or

(b) Is in breach of the Commercial Credit Facility arrangement.

3.3 Termination by Client

The Client may terminate this Agreement by advising Information Brokers Pty Ltd by email, mail or facsimile. The notice of termination must be on letterhead signed by the authorised contact person and include the Client's Account Code. Termination will take effect when Information Brokers Pty Ltd acknowledges having received such notice.

3.4 Termination by Information Brokers Pty Ltd

Information Brokers Pty Ltd may terminate this Agreement immediately and without notice in circumstances where the Client is in breach of this Agreement.

4.0 Transfer/Assignment of Right to Access

Information Brokers Pty Ltd 4.1 The Client (including any of its Authorised Users) shall not assign or transfer the Client's rights under this Agreement without the prior written consent from Information Brokers Pty Ltd.

4.2 The Client must notify Information Brokers Pty Ltd immediately in writing in circumstances where:

(I) The Client alters its legal status;
(ii) The Client changes its registered business or company name; and
(iii) any order, resolution or step regarding insolvency or bankruptcy administration is made in relation to the Client.

5.0 Fees, Terms of Payment and Billing Cycle

5.1 Unless the Client has an approved Commercial Credit Facility all fees are payable in advance.

5.2 Current Fees and charges are displayed through the "Fees" page of the Information Brokers Pty Ltd web site ib.com.au. Information Brokers Pty Ltd has three (3) elements to Fees and charges:

(I) Database Provider Information Fees which are the Fees for the information levied by the Database Provider; and
(ii) Information Brokers Pty Ltd delivery Fees which are the Fees for delivering the information to the Client by Information Brokers Pty Ltd.

(iii) Information Brokers unique search products produced to use the databases of various government agencies and bundled together to provide a complex report EG, EXECUCHECK

5.3 Refund Policy

(I) Refunds are not available under any circumstances once searches have been ordered.
(ii) Refunds will not be given for manual document ordering searches. A no result is considered a result and is therefore due and payable by the Client.
(iii) Client misuse of activation buttons or any Information Brokers Pty Ltd technology, which incurs multiple or single Fees or charges will be due and payable by the Client to Information Brokers Pty Ltd. No refund applies under these circumstances.

5.4 Billing

(I) Billing cycle to the Client will occur twice monthly and will be issued on the fifteenth (15^th) and last day of every calendar month. The application of this condition is limited to the Client maintaining a Commercial Credit Facility.

(II) Upon provision of a credit card account, you give us authorisation to automatically debit your card for all charges on issuance of a valid invoice.

6.0 Minimum System Requirements

6.1 Information Brokers Pty Ltd uses Internet technology. It is the responsibility of the Client to meet the technology requirements in relation to use of the System. These technology requirements may vary from time to time.

7.0 Transmission Speed

7.1 Information Brokers Pty Ltd has no control over the speed of transmission of data where the Internet is used for access.

8.0 Interruption to Service

8.1 Information Brokers Pty Ltd does not warrant that Client access to Information Brokers Pty Ltd will be uninterrupted (except to the extent, if any, where such warranty may be implied by law and be incapable of exclusion by Information Brokers Pty Ltd).

8.2 Information Brokers Pty Ltd will use best efforts to provide access during the published hours of service. However, there may be an interruption to services to facilitate urgent reasonable maintenance by Information Brokers Pty Ltd.

8.3 Information Brokers Pty Ltd will not be liable to the Client or third parties for interruptions to the service beyond its control including but not limited to:

(I) Problems with Client telecommunications services;
(ii) problems with Client Internet service provider; or
(iii) problems with Client hardware or software,

Except to the extent, if any, which Information Brokers Pty Ltd may not be able to lawfully exclude such liability?

9.0 Disclaimer of Liability

9.1 The Client agrees that Information Brokers Pty Ltd it’s staff, employees, directors, agents or contractors will not be liable to the Client for anything (even negligence) to do with Information Brokers Pty Ltd (for example, without limitation, inaccurate information), except to the extent (if any) which Information Brokers Pty Ltd cannot exclude liability.

9.2 A The Information Brokers service is provided 'as is' and 'as available'

The Information Brokers Pty Ltd has been implemented in a technical environment that is designed to provide high availability and be fault tolerant. However, as with any technology based facility, the speed and characteristics of the Information Brokers Pty Ltd will vary at different times and under different circumstances and the Information Brokers Pty Ltd may not always work as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable. In addition, the accuracy of Information Brokers Pty Ltd Information is dependent on its source. You acknowledge and agree that Information Brokers Pty Ltd Information and your access to and use of the Information Brokers Pty Ltd is on an ‘as is, as available’ basis only.

From time to time, Information Brokers Pty Ltd may recommend a 3rd party provider to you, to provide extra products/services. These 3rd party providers may request that you agree to their own terms and conditions. You agree to indemnify Information Brokers Pty Ltd of any situations or claims that may arise between yourself and a 3rd party provider.

10.0 Intellectual Property and Copyright

10.1 The Client acknowledges that the Client does not acquire any property rights in database information provided to the Client through Information Brokers Pty Ltd.

10.2 Information Brokers Pty Ltd and the Information Brokers Pty Ltd logo are the registered trademarks of Information Brokers Pty Ltd and remain the property of Information Brokers Pty Ltd. Through the Client's use of Information Brokers Pty Ltd the Client may also access the registered trademarks of Database Providers. Unless otherwise provided for under these Terms and Conditions of Use, the Client is not provided any authorisation to reproduce or utilise Information Brokers Pty Ltd or Database Provider trademarks for any activity other than those prescribed under these Terms and Conditions of Use. All trademarks remain the property of their registered owner.

11.0 Use of Information

11.1 Databases

Information Brokers Pty Ltd is made available only for the Client's personal information or business operations.

The Client agrees not to use Information Brokers Pty Ltd data to provide or facilitate direct online access to any other person.

NOTE: There are separate terms to be entered into by a Client wishing to resell Information Brokers Pty Ltd services. These Terms and Conditions of Use do not provide a Client with the authority to resell Information Brokers Pty Ltd services.

Clients seeking reseller status will complete such application through a separate process conducted through Information Brokers Pty Ltd.

11.2 About the Client

Information Brokers Pty Ltd will retain and protect all information provided by the Client for registration and Information Brokers Pty Ltd purposes only (but may be legally required to disclose it in some circumstances, eg if ordered by a court to do so).

It is impossible to guarantee the protection of client personal data absolutely. Information Brokers Pty Ltd uses encryption, which provides a level of security. Client data may be exposed to loss, unauthorised access, use, modification or disclosure. Information Brokers Pty Ltd will not use the information for on-selling to list brokers.

Persons under the age of 18 years are not legally permitted to become registered users of Information Brokers Pty Ltd.

12.0 Account Code and Password Security

12.1 The Client shall be solely responsible for the use, maintenance and security of any client Information Brokers Pty Ltd account codes and passwords.

12.2 The Client will be solely liable and responsible for any use whatsoever of the account code and password whether authorised or not.

12.3 The Client agrees not to reveal the Client’s Information Brokers Pty Ltd Password to any other person other than Authorised Users who the Client has provided access to use the Client Account Code and password.

12.4 For security reasons, the Client shall be required to change the password when requested by Information Brokers Pty Ltd.

13.0 Support Services

13.1 Information Brokers Pty Ltd will provide Client support for the use of Information Brokers Pty Ltd by email. Information Brokers Pty Ltd will endeavour to provide twenty-four (24) hour turnaround on this service during published operating hours. An email form is provided on the Information Brokers Pty Ltd web site ib.com.au for this purpose.

13.2 Information Brokers Pty Ltd will provide twelve (12) months online access to Client usage report records. This access is for the purposes of assisting the Client to manage records in relation to end of year reconciliation. During this access period it is the Client’s sole responsibility to download, retain and store the available records.

13.3 Should the Client require records outside of any twelve (12) month access period then such records will be made available for a Fee agreed between Information Brokers Pty Ltd and Client. Subject to a Client’s written request (email acceptable) Information Brokers Pty Ltd will provide a Fee quotation inclusive of an estimated delivery timeframe. Client acceptance of the Fee quotation will be required before Information Brokers Pty Ltd proceeds to recover and deliver the Client records.

13.4 Information Brokers Pty Ltd is under no obligation to provide the Client records outside any twelve (12) month access period unless the Client has accepted a Fee quotation for the provision of such records.

14.0 Disputes

14.1 The parties will co-operatively resolve any dispute arising out of or in connection with this Agreement.

14.2 Where the parties cannot resolve any dispute arising out of or in connection with this agreement under clause 14.1, the dispute will be resolved as follows:

(I) The parties shall first refer the dispute to mediation by a Mediator who is approved by the Victorian Law Society ("The Society") and who is agreed to by the parties, or failing agreement, appointed by the President of the Society, on the terms of the standard mediation agreement approved by the Society.
(ii) The reference shall commence when either party gives written notice to the other, specifying the dispute and requiring its resolution under this provision.
(iii) Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the dispute under this provision.
(iv) If the dispute is not resolved within twenty-one (21) days of the commencement of the reference under this provision, either party may then, but (subject to (v)) not earlier, commence proceedings in any court of competent jurisdiction.
(v) Nothing in these Terms and Conditions of Use prevent a party from commencing court proceedings relating to any dispute at any time where that party is seeking urgent interlocutory relief.

15.0 Governing Law

15.1 This Agreement shall be governed by and interpreted in accordance with the laws and courts of the State of Victoria.

16.0 Specific Databases - additional Terms and Conditions

16.1 Access to particular databases may be subject to certain additional database-specific terms. These additional database-specific terms form part of this Agreement. The Client agrees that by accessing a database, the Client agrees to the additional database-specific terms that are applicable:

These documents can be viewed via the Information Brokers Pty Ltd web site ib.com.au Information Brokers Pty Ltd recommends that you read these conditions of same prior to the execution of this Agreement.

17.0 Marketing Material

17.1 Information Brokers Pty Ltd periodically posts by mail marketing material distributed for the purposes of marketing Information Brokers Pty Ltd products and/or services to the Client. All marketing activities will be conducted in accordance with the Information Privacy Principles defined through the Information Privacy Act 2009.

18.0 This Agreement

18.1 This Agreement constitutes the whole Agreement between Information Brokers Pty Ltd and the Client, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

19.0 Waiver

19.1 None of these Terms and Conditions of Use will be taken to be waived except by written waiver executed between Information Brokers Pty Ltd and the Client.

All accounts are subject to our fair use policy this means that all accounts are monitored by automated audit software producing a daily, weekly and monthly usage list by both domain name and users under each domain name (email addresses) our obligation to host is subject to fair usage which is solely determined by our employees or contractors. Any account found to be outside of what Information Brokers Pty Ltd deems over fair use will be subject to contact and renegotiation of the users
hosting agreement we reserve the right to terminate an account if a new agreement cannot be negotiated (within the time frame stipulated by Information Brokers Pty Ltd), terminated accounts are not refundable for the unused portion.

Service Availability
We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of a Server/s.

Our obligations to DNS hosted clients is to allow a low level mx record back up in the event of server loss at the client’s site server. This service is offered for a limited continuous time being 5 business days.

Intellectual Property Rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non‐observance of these terms.

Termination
We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due.
We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it.
We will hold such data for a period of 14 days and allow you to collect it, at your expense, failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non‐availability of your Web Site as we think fit.

If you wish to terminate your account with Information Brokers Pty Ltd, you must do so in writing prior to the expiry of your subscription period with Information Brokers Pty Ltd, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, Information Brokers Pty Ltd will not accept verbal instructions to terminate an account. On receipt of a written request to cancel services, Information Brokers Pty Ltd will not refund partially used subscription periods, but will only refund entirely unused subscription periods. Hence cancellation of subscription part way through a subscription period, will not entitle you to any refund. Information Brokers Pty Ltd reserves the right to charge a services set up fee to any services account where the client cancels.

The set up fee shall not be more than 50% of the total charged fee. The client agrees without notice to the payment of the set up fee when an account is cancelled.

Payment
All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and shall be due and payable within fourteen (14) days of receipt of our invoice therefore.
The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services such as domain names/hosting services to
you.

If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment. Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

Exclusion and Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR
SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or
for any other indirect or consequential or economic loss whatsoever.

IMPORTANT NOTE:
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred
upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
a) in relation to goods
i. The replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
ii. ii. The repair of the goods or payment of the cost of having the goods repaired; b. in
relation to services the supplying of the services again; or
iii. The payment of the cost of having the services supplied again as in each case we may elect.

Notices
Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment
The benefit of this agreement may be assigned by us, but not our obligations to you ‐ to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Change to Terms on Renewal
We may change the terms and conditions of this Agreement at any time.

Entire Agreement
These terms and conditions constitute the entire agreement between Information Brokers Pty Ltd and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and Information Brokers Pty Ltd. Entire Agreement, Governing Law This agreement shall be governed by the laws in force in the state of Victoria. All parties hereby submit to the exclusive jurisdiction of the
Courts of that State.

Definitions

1. The accredited Agency means Information Brokers Pty Ltd ACN 143.037.325

2. The Customer means the customer of Information Brokers Pty Ltd 143.037.325

3. Agreed Contract conditions and should be read in conjunction with Information Brokers main terms and conditions contained within this document.

3.1.2 – The Accredited Agency must provide to Australian Criminal Intelligence Commission (ACIC). on request written confirmation of their compliance with the terms of this Contract, including compliance by a Customer with a Customer Contract.

3.3.4 – The Accredited Agency shall advise any Customers to comply with further security requirements in relation to the NPCS as advised by Australian Criminal Intelligence Commission (ACIC). from time to time.

3.4 – Customer Contracts

6.1.1 (f)-(g) – f. a breach by Customer of a Customer Contract; or

g. an act or omission involving fault on the part of a Customer, or its equivalent to Personnel, in connection with a Customer Contract.

7.2.8 – The Accredited Agency will ensure the limitations of a NPHC described in this clause 7.2 are included as acknowledgements in any Customer Contract and with any Record of Police History Information provided to any person permitted by this Contract in the form prescribed at Attachment I.

8.5.1 – During this Contract, the Accredited Agency shall permit the Australian Criminal Intelligence Commission (ACIC). Representative, or any person authorised by the Australian Criminal Intelligence Commission (ACIC).Representative, access to its premises, and access to any of its records or accounts relevant to or impacting on the work undertaken under this Contract, including but not limited to copies of any Customer Contracts.

8.5.5 – The Accredited Agency shall ensure that any Customer Contracts entered into under this Contract require the Customer to give the Australian Criminal Intelligence Commission (ACIC). Representative, and any person authorised by the Australian Criminal Intelligence Commission (ACIC). Representative, access to the Customer’s premises, and to records and accounts in connection with the handling of Police History Information, including the right to copy.

8.5.7 – Australian Criminal Intelligence Commission (ACIC). shall comply with, and shall require any delegate or person authorised by the Australian Criminal Intelligence Commission (ACIC). Representative, to comply with any reasonable Accredited Agency, Subcontractor or Customer safety and security requirements, or codes of behaviour for premises.

9.4.1 (d) – on request, notify individuals whose Personal Information is held by the Accredited Agency, Subcontractor or Customer, as the case may be, of the complaints mechanism outlined in the Act that may apply to the Accredited Agency;

9.4.2 (a) – becomes aware of a breach or possible breach of any of the obligations contained in, or referred to, in clause 9.4, whether by the Accredited Agency, a Subcontractor or a Customer;

(c) – is approached by the Privacy Commissioner, or by any individual to whom any Personal Information held by the Accredited Agency, Subcontractor or Customer relates, in respect of Personal Information.

9.4.3 – The Accredited Agency shall ensure that any Subcontract entered into for the purposes of fulfilling its obligations under this Contract, and any Customer Contract entered into in consequence of this Contract, contains provisions to ensure that the subcontractor and Customer have the same obligations as the Accredited Agency under clause 9.4, including the requirement in relation to Subcontracts and Customer Contracts.

10.2.3 – The Accredited Agency shall ensure that all Customer Contracts contain provisions substantially to the effect of clause 10.2.

10.4.2 (c) – mitigate all loss, costs (including the cost of its compliance with any directions) and expenses in connection with the termination or reduction, including those arising from affected Subcontracts and Customer Contracts.

10.4.4 – The Accredited Agency shall not be entitled to any profit anticipated on any part of this Contract, or Customer Contract terminated or reduced.

10.4.5 – The Accredited Agency shall, in each Subcontract and Customer Contract, secure the right of termination and reduction and terms for compensation functionally equivalent to that of Australian Criminal Intelligence Commission (ACIC). under clause 10.4.

B.2.4 – If the Accredited Agency receives multiple requests regarding a single Applicant, the Accredited Agency must submit and equal number of NPHC requests to Australian Criminal Intelligence Commission (ACIC)..

C.1.1 (b) – where the Accredited Agency is providing NPCS to a Customer;

i) Customer Contracts;

ii) reports relating to the monitoring of customer compliance with provisions of this Contract;

iii) a current list of Customer Contracts; and

iv) either the original completed Application Form or satisfactory evidence that the Customer has retained the completed Application Form in originals or electronic copy.

C.1.2 – On request by Australian Criminal Intelligence Commission (ACIC)., the Accredited Agency shall provide the list referred to in Item C.1.1(b)(iii) of this Attachment with sufficient detail to identify Customers.

C.1.3 – Where the Accredited Agency provides NPCS to a Customer, the Accredited Agency shall ensure that any Customer Contract entered into contains provisions to ensure that the Customer does not, unless Australian Criminal Intelligence Commission (ACIC). has provided prior written approval or where disclosure is required by law and Australian Criminal Intelligence Commission (ACIC). is informed:

a) disclose to any third party (excluding the Applicant), Police History Information about the Applicant; or

b) enter into an arrangement that would otherwise indicate the outcome of a NPHC.

C.1.6 – The Accredited Agency will retain such Police History Information or Copies for the longest of the following periods:

a) three months of receipt from Australian Criminal Intelligence Commission (ACIC). or

b) in accordance with legislation or other relevant legal requirements applicable to the Accredited Agency. This is a material condition.

C.1.7 – The Accredited Agency shall ensure that any Customer Contract contains provisions regarding retention of Police History Information to ensure that the Customer has the same obligations as the Accredited Agency under Item C.1.5 and C.1.6 of this Attachment.

C.1.8 – Where an Accredited Agency provides NPCS to an Applicant who is not an employee of either the Accredited Agency or its Customers, and in accordance with this Contract, the Accredited Agency must provide (electronically or otherwise) Police History Information pertaining to the Applicant on stationery that bears the Accredited Agency’s letterhead. The Accredited Agency must not purport this information to be a National Police Certificate.
C.1.9 - Police background checks ordered are non refundable under any instances. The completion of the check falls on the client to complete the checking process and Information Brokers Pty Ltd is only obliged to complete the transaction when the client has completed the verification and consent process.

Police Check Refund Policy

(I) Refunds are not provided under any circumstances including but not limited to: • Change of mind after placing your order • Providing false or incorrect information when completing your application • Inability to provide sufficient identification documents • Duplicate Submissions • Not completing the application process • Requesting party (ie. Employer, License issuing body) requires the check to be issued by a police agency or other organisation

Other laws impacting business names

The Business Names Registration Act 2011 outlines the rules for registration of a business name. However, the use of industry and professional terms in general (not just within a business name) is also often limited by other laws. These laws may be specific to the state or territory in which you intend to operate your business. For example, if your proposed business name includes words which indicate you are licensed in a certain trade or profession when you do not hold such a licence, you may breach the law. Penalties can include fines and in some instances, imprisonment. You should consider the laws applicable to your industry or profession before you register a business name. The information below sets out examples where this may be the case: Word or Term Limited by State or Territory Law Description
Architect
In each state and territory of Australia it is a legal requirement that any person using the title ‘architect’ must be registered with the Architects’ Board in that jurisdiction.
Builder
In each state and territory there are restrictions around using the title of 'builder' and/or holding yourself out to be a licensed builder.
Registered Professional Engineer
There are penalties associated with falsely claiming to be a builder when you are not licensed or registered. Each state or territory has an individual licensing authority that regulates the building profession. In Queensland, a person who is not a registered professional engineer must not use the title ‘registered professional engineer'.
Surveyor
In some states, you must not use the title 'licensed surveyor' without being registered under the relevant Act.
Veterinarian
Every state and territory in Australia has a Veterinary Practice Act, and each has a Veterinary Registration Board. The terms veterinary surgeon, veterinary practitioner, veterinarian, vet, animal doctor or any derivative of these terms should not be used by anyone other than a registered veterinarian. All states have penalties for persons who falsely represent themselves as veterinarians.
When starting and running a business you are responsible to ensure you have the correct licences and registrations. If you register a business name that could breach another law, the responsible body may advise you that you cannot use your registered business name and/or take action against you.
Information Brokers will not refund the cost of registering the business name in these circumstances.
Information Brokers will not refund monies if you change your mind or don't finalise the business name application process.
Business names refund policy
When a client commences the application to register a business name they do so in the knowledge that no refunds are given unless the client cannot get the business name they have applied for notice is given that not all names are available even though the business name search tool indicated availability at the time of application. If a refund is approved the client agrees to a deduction of a order processing fee which is half the registration fee. A client who continues a business name application despite the fact the search tools say the name is not available is not entitled to a refund.
Applicant Declarations
The applicant declares that the following statements are true to confirm eligibility to register a business name. If any of these declarations are untrue your application will be scrutinized by ASIC to determine whether you are eligible under the Business Names Registration Act 2011. If you are not the applicant you must be authorized by the applicant/company to make these declarations on their behalf. To the best of my knowledge, the information supplied in this application is complete and accurate (it is an offence to provide false or misleading information to ASIC). submit this application for lodgment on behalf of the applicant/company under the terms and conditions of the ASIC Electronic Lodgment Protocol; and make each of the above declarations on behalf of the applicant/company after making all due and proper enquiries. Declaration by applicant of eligibility to hold a business name: I agree to the following: I am not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001; and Within the last 5 years I have not been: convicted of, or released from prison after being convicted of, and serving a term of imprisonment for, any of the criminal offences referred to in section 32(1)(c) or (d) of the Business Names Registration Act 2011.

1.  Once submitted, modifications or alterations to an order are not possible unless rejected by ASIC.
2.  Retracting or withdrawing a submitted order is not possible unless rejected by ASIC.
3.  There may be a delay in the registration of your company due to manual processing by ASIC, ASIC server issues, Information Brokers server issues or other issues  outside of our control.
4.  We cannot refund registration and management fees. 

The following terms of business apply to any or all of the Web site hosting, email and Secure Web Page services to be provided Information Brokers Pty Ltd to you from time to time, as well as any services provided by us under any reseller or ISP agreement (Services and individually Service).

Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by Information Brokers Pty Ltd to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. Information Brokers is a professional services host and does not allow gaming servers or related (e.g. clan websites) on it's network. For gaming services we recommend you search for a specific gaming host. Information Brokers reserves the right to terminate any gaming or similar account set up or used on our network without any recourse to the account holder including any financial claims and account holders hold Information brokers and their employees, servants or contractors not liable for any loss of any sort if an account is terminated.

If you are or become a reseller of our Services you must ensure that you continue to comply with these terms and conditions by making your customers bound to no less comprehensive and protective terms and conditions than these. You agree that in your capacity as reseller of our services you will not incur any liability on our part or in any way pledge or purport to pledge our credit or purport to make any contract binding on us. We do not accept the liability or default of your own customers as affecting or
limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.

As a reseller of our Services, you are responsible for ensuring that any promotional, advertising or other
material you distribute to your customers (whether in paper form or electronically):
a) Does not contain any misrepresentation relating to Information Brokers Pty Ltd or the nature of your relationship with Information Brokers Pty Ltd;
b) Is in accordance with all applicable advertising standards;
c) Does not contravene any law of the relevant jurisdiction;
d) Is appropriate in all the circumstances; and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.
e) Retain the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable by reference to the criteria referred to at paragraph 4 above. You agree to indemnify, keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of our Services by you to your customers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us as a consequence of your breach or non‐observance of
the Reseller and ISP Terms.
f) You agree to be bound by any domain name industry code of conduct and you agree to be bound by any changes to the aforementioned code of conduct.

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

a) You will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation; Such as denial of service attacks, email bombing or mass delivery of inbound email it is the account holders responsibility to inform Information Brokers Pty Ltd immediately of any such high volume inbound traffic. Costs incurred in these instances are borne by the account holder.
b) You will not knowingly or recklessly post, link to or transmit any material:

i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or
teaching violence, obscene, pornographic, profane or otherwise objectionable in any
way; or
ii. containing a virus or other hostile computer program;
iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

c) You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non‐receipt or misrouting or any other failure of email.

You warrant, undertake and agree that:

a) Any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end‐user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
b) The information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
c) You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
d) Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers.
e) If you take up our forwarding product it is expressly agreed that: In the event the registrant moves the domain name to another registrar the forwarding arrangement will cease on the day of transfer to the new registrar of record. It is expressly agreed that: It is the responsibility of the registrant to enable this product with their new registrar of record if the service is available.

It is a requirement under our hosting agreement that to resolve 3 domain names free of charge we must manage the domain names we are resolving for free and renewals must be placed through Information Brokers Pty Ltd for the duration of the hosting agreement.

VPS clients additional terms.
All VPS clients are guaranteed exclusive use of paid disk space and RAM (memory) but we cannot guarantee the exclusive use of CPU (processor) or bandwidth. We exclude users of gaming sites and other users who go beyond what Information Brokers technical staff consider beyond fair usage. If over fair use occurs Information Brokers reserves the right to terminate the account without consultation, furthermore Information Brokers including their employees, servants or contractors will not be liable for any loss or damage that is a result of termination of the clients account with Information Brokers.

Should be read in conjunction with Information Brokers Pty Ltd General terms & Conditions.

Introduction

Ways to access the PPSR

PPSR accounts

Your facilities

The PPSR is provided 'as is' and 'as available'

Security

Updates and changes to the PPSR

Suspension and Termination

Disclaimer and liability

Notice

Definitions

Real Estate Institute of Victoria Use Terms & Conditions

REIV collaborates with Federal, State and Territory governments as well as with the other professional associations representing real estate agents across Australia to collect property sales information. REIV has authorized Information Brokers Pty Ltd to distribute free information and to sell reports incorporating property sales information on its behalf. All personal information collected via this website is subject to the Information Brokers privacy policy which can be accessed here www.ib.com.au. This Privacy Policy is amended from time to time and so we recommend that you regularly review the Policy to become aware of any such amendments.

REIV and Information Brokers Pty Ltd are bound by the Privacy Act 1988 (Cth) and the National Privacy Principles, as well as equivalent State and Territory based privacy legislation and principles. If any property sales information collected and used by REIV or Information Brokers Pty Ltd is ‘personal information’, then the recipient must comply with all relevant privacy legislation and principles as well as with privacy obligations under licence agreements with suppliers of property sales information.

Notwithstanding the foregoing, there are certain exceptions under the privacy legislation pertaining to government agencies where those agencies do not have to comply with the privacy principles. For example, where the law requires the collection, retention and public access to personal information related to land and property matters. If you have any questions about how this applies to your personal information, Information Brokers Pty Ltd suggests that, in the first instance, you contact the relevant lands and property government department in your State or Territory.

Definitions

Direct Marketing means one to one marketing, normally supported by a database, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.

Information Product means an online product supplied through real time online access search types.

Ownership

I acknowledge that I have no rights of ownership in the Information Products and all Intellectual Property Rights including copyright in the Information Products that the State of New South Wales Department of Lands has are retained by the State of New South Wales Department of Lands.

Liability

I agree that State of New South Wales Department of Lands  & Information Brokers Pty Ltd are not under any liability to me for any loss or damage (including consequential loss or damage) from my use of the Information Products.

Privacy

Privacy and Personal Information Protection Act 1998 states:
Limits on disclosure of personal information

I agree that I will not use the Information Products for Direct Marketing.

(1) I will not disclose personal information to a person (other than the individual to whom the information relates) or other body, whether or not such other person or body is a public sector agency, unless

(a) the disclosure is directly related to the purpose for which the information was collected, and the agency has no reason to believe that the individual concerned would object to the disclosure, or

(b) the individual concerned is reasonably likely to have been aware, or has been made aware in accordance with section 10, that information of that kind is usually disclosed to the person or body, or

(c) the agency believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.

Permitted Use

• I accept that that use of the Information Products by me will be limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute the Information Products to any other third party, nor will I produce any products incorporating the Information Product except with the prior written approval of the State of New South Wales, department of Lands.

Copying and Storage of Information Products

• I will not store all or any part of an Information Product on any computer or retrieval system for a period in excess of 3 business days from the day on which it was requested.

• Information Products must not be transmitted to any other End User or used for any other purpose other than to satisfy the original request from an End User.
  Land Title Data Refund Policy
  (I) Refunds are not provided under any circumstances including but not limited to: • Change of mind after placing your order • Providing false or incorrect information when completing your application • Inability to provide sufficient identification documents • Duplicate Submissions • Not completing the application process.

Standard Terms 

Definitions

• Direct Marketing means one to one marketing using personal details (eg name, address, email address), normally supported by a database/resource, which uses one or more advertising media to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing and list brokering.

• Information Product means an online product supplied through real time online access search types.

• Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

Ownership

• I acknowledge that I have no rights of ownership in the Information Products and all Intellectual Property Rights including copyright in the Information Products that the State of Queensland (Department of Natural Resources and Mines) or the copyright owner has are retained by the State of Queensland (Department of Natural Resources and Mines) or the copyright owner.

Liability

• I acknowledge that, except for the section Statutory Compensation below, the State of Queensland through the Department of Natural Resources and Mines along with Information Brokers Pty Ltd does not guarantee the accuracy or completeness of the Information Products, and does not make any warranty about the Information Products.

• I agree that, except for the section Statutory Compensation below, the State of Queensland (Department of Natural Resources and Mines)  along with Information Brokers Pty Ltd is not under any liability to me for any loss or damage (including consequential loss or damage) from my use of the Information Products.

Statutory Compensation

• The provisions of the Liability paragraphs above are subject to the proviso that the State of Queensland through the Department of Natural Resources and Mines will be liable to compensate me in accordance with the provisions of Subdivision C of Division 2 of Part 9 of the Land Titles Act 1994 (as amended) if I suffer deprivation of a lot, interest in a lot or loss or damage in accordance with the Land Title Act. Where I am entitled to compensation against the State of Queensland through the Department of Natural Resources and Mines pursuant to the above-mentioned provisions of the Land Title Act, I agree that I will seek compensation in accordance with the provisions of the Land Title Act.

Privacy

• I agree that I will not use, other than for the purpose for which the Information Products are provided under this agreement, or disclose to any other person, any Personal Information contained in the Information Products.

• I agree that I will not use the Information Products for Direct Marketing.

Permitted Use

I accept that that use of the Information Products by me will be limited to my own personal use or for use in the ordinary course of my business. I will not on-sell or distribute the Information Products to any other third party, nor will I produce any products incorporating the Information Product except with the prior written approval of the State of Queensland (Department of Natural Resources and Mines).

General Conditions

This agreement will be governed by and construed in accordance with the law of the State of Queensland, Australia.
Land Title Data Refund Policy
(I) Refunds are not provided under any circumstances including but not limited to: • Change of mind after placing your order • Providing false or incorrect information when completing your application • Inability to provide sufficient identification documents • Duplicate Submissions • Not completing the application process.

Definitions

• Broker means Information Brokers Pty Ltd.

• Direct Marketing means any activity which makes it possible to offer goods or services or to transmit other messages to a person, organisation or segment of the population by post, telephone or other direct means (electronic or otherwise) aimed at informing or soliciting a response from the person, organisation or segment of the population as well as any service ancillary to the same.

• End User means the Broker’s customer utilising Information Brokers Pty Ltd to secure Landgate Title Product.

• Information Suppression Application means an application made to Landgate by a person for suppression of specified information about that person or another person, from all Landgate name indices, for reasons of personal safety and security.

• Information Suppression Notice means a written notice given to the Broker by Landgate under the Landgate Title Products Broker Agreement

• Privacy Legislation means the Privacy Act 1988 (Cth) and any State privacy legislation which may be enacted.

• Title Product is the generic term used to describe:

  • any of the individual products including Certificates of Title; Check searches; Survey documents; and TLA documents; or

  • any of the other products described in the Regulations, which Landgate may make available through the Web Service from time to time.

• TLA means the Transfer of Land Act 1893 (WA).

Ownership

• The End User acknowledges that it has no rights of ownership in the Title Products and all Intellectual Property Rights including copyright in the Title Products; any data derived from the Title Products; and any documentation provided by Landgate are the property of either Landgate or the State of Western Australia.

Intellectual Property

• The End User acknowledges and agrees that all Intellectual Property Rights in:

(a) the Title Products;

(b) any data derived from the Title Products; and

(c) any documentation provided by Landgate to the Broker for the purposes of these Standard Terms and Conditions remain the property of either Landgate or the State of Western Australia.

• The End User will only acquire the right to use the Title Products in accordance with these Standard Terms and Conditions. The End User will not acquire any rights of ownership in the Title Products.

• To the extent permitted by law, the End User agrees to promptly report to the Broker any known infringement of the Intellectual Property Rights.

Liability

• The End User acknowledges that Landgate and the Broker do not guarantee the accuracy or completeness of the Title Products, and do not make any warranty about the Title Products.

• The End User agrees that Landgate and the Broker will not be liable (for any reason) to the End User for any loss or damage (including consequential loss or damage) from the End User’s use of the Title Products.

Privacy

• The End User agrees to:

(a) comply with the requirements of the Privacy Legislation, particularly in relation to its handling of personal information, as defined in the same, including the collection,, use, disclosure and security of such information, whether or not the End User is required by law to comply with the Privacy Legislation; and

(b) comply with any other reasonable direction relating to privacy given by Landgate or the Broker, including those relating to Landgate’s or the Broker’s own privacy policies and procedures; and

(c) not to do anything which if done by Landgate or the Broker would be a breach of the Privacy Legislation.

• The End User agrees that it will not use any Title Product for the purpose of Direct Marketing of goods or services.

• The End User agrees that it will not release the Title Products to any third party where that party intends to use those Title Products for the purpose of Direct Marketing of goods or services.

• These Privacy provisions will survive termination of any agreement to supply between the End User, Landgate and the Broker.

Information Suppression Notice

• Landgate may at any time give the Broker an Information Suppression Notice.

• An Information Suppression Notice will be in writing and contain the Title Products to be deleted or amended.

• If the Broker is able to search the Broker’s system by a land owner’s name, then within 5 Business Days of receiving an Information Suppression Notice, the Broker must delete any Title Products containing the Suppressed Information, which are in the Broker’s possession or under its control, including any Title Products stored for backup purposes.

• In consequence of any Information Suppression Notice issued by Landgate on the Broker, the End User will be required to comply with the same requirements.

Permitted Use

• The End User accepts that use of the Title Products will be limited to it’s:

(a) own business or internal purposes; or

(b) own client or customers, where those clients will be the final recipient of the Title Products concerned and they will only use the Title Products concerned in relation to the singular purpose or transaction for which they were acquired.

• The End User accepts that the Title Products will only be used for lawful purposes and in ways that are consistent with these Standard Terms and Conditions, the TLA and the Land Information Authority Act 2006.

• The End User agrees that it is prohibited from:

a) Reproducing, supplying, on-selling, sub-licensing, disclosing or otherwise providing Title Products in any form to any other person;

b) Altering the format, meaning or substance of any Title Products supplied;

c) Displaying, distributing, selling, licensing, hiring, letting, trading or exposing the Title Products for sale;

d) Searching the Title Products by any restriction imposed by Landgate for reasons relating to the Privacy Legislation or an Information Suppression Notice.

Copying and Storage of Title Products

• The End User will not store all or any part of a Title Product on any computer or retrieval system for a period in excess of 30 days from the day on which it was requested.

• The End User agrees that Title Products must not be transmitted to any other End User or used for any other purpose other than provided under these Standard Terms and Conditions.

Audit

• The End User agrees that Landgate or the Broker (at Landgate’s direction) may inspect and audit the security and access procedures of the End User. Landgate or the Broker will provide reasonable notice prior to any audit progressing.

Retention, Title and Use

• The Title Products remain the sole and absolute property of Landgate and the Broker until all money due is paid by the End User. Title Products will however, be at the End User’s risk from the time of delivery and receipt by the End User.

• The End User is not to alter the format, meaning or substance of any Title Products.

Variation

• These Standard Terms and Conditions may be altered or varied at any time.
  Land Title Data Refund Policy
  (I) Refunds are not provided under any circumstances including but not limited to: • Change of mind after placing your order • Providing false or incorrect information when completing your application • Inability to provide sufficient identification documents • Duplicate Submissions • Not completing the application process.

Terms and Conditions for Domain Name Licence

This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.

Summary of Terms and Conditions

• If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name

• You are required to make several statements to us in relation to your domain name application – please read them carefully to ensure that those statements are correct

• You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see auDA's published policies for more information )

• You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time

• You accept that our liability and auDA's liability to you under these terms and conditions are limited

1. DEFINITIONS

In this document, unless the context requires otherwise:

auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.

Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.

Domain Name Licence means your licence to use the Domain Name which is the subject of your application.

Published Policies means those specifications and policies established and published by auDA from time to time at auda.org.au

Registry Operator means the operator of the domain names registry for the Domain Name.

Information Brokers Pty Ltd (ACN 143 037 325), the registrar of record for your Domain Name Licence.

You or your refer to the person applying for, or the holder of, a Domain Name Licence.

2. GENERAL

You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.

3. DOMAIN NAMES APPLICATION AND REGISTRATION

3.1 Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.

3.2 You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.

3.3 You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.

3.4 All personal information pertaining to you are held by auDA for the benefit of the Australian public.

4. DOMAIN NAME LICENCE

4.1 Your Domain Name Licence will be effective for a one to five year period, once:

• your application is accepted and approved by us and by the Registry Operator, and you have paid the applicable fees

• unless it is cancelled earlier under the terms of this document or under any Published Policies.

4.2 Your Domain Name Licence may be renewed every one to five years, as long as you:

• pay the applicable renewal fees, and

• continue to meet the eligibility criteria prescribed in the Published Policies

4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.

4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.

4.5 We may cancel your Domain Name Licence if you breach any provision of this document.

4.6 If a domain name license is cancelled the Registrant is not entitled to any refund.

4.7 The domain registrant agreement is applicable to all namespaces licenced and sold on this website (ib.com.au & affiliate sites) EG .com

4.8 Any associated products linked to a domain name EG URL forwarding will cease when the domain name is transferred to another registrar during the course of the first licence period being 1-5 years or part there of.

5. YOUR STATEMENT TO US

5.1 You make the warranties set out in auDA's Registrant Warranties Policy (2005-03, and any other policy introduced by auDA in substitution, replacement or amendment to that policy. You confirm and state to us and to auDA separately that:

• all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and

• you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and

• you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:

  • you are relying upon the same eligibility criteria for both domain names, and

  • the Domain Name has previously been rejected by the other registrar, and

• your registration or use of the Domain Name does not infringe any person's legal rights, and

• you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

5.2 You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.

5.3 You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.

6. OUR OBLIGATIONS TO YOU

6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.

6.2 We will give you immediate notice if:

• we are no longer an accredited registrar, or

• our auDA Accreditation is suspended or terminated, or

• our registrar agreement with auDA is terminated by auDA.

6.3 auDA may post notice of:

• the fact that we are no longer an accredited registrar, or

• the suspension or termination of our auDA Accreditation, or

• the termination of our registrar agreement with auDA, on its web site, and may, if it considers appropriate, give such notice to you directly.

7. YOUR OBLIGATIONS TO US

7.1 You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.

7.2 You acknowledge that under the Published Policy:

• there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and

• you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and

• auDA may delete or cancel the registration of a .au domain name.

7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.

7.4 You must not, directly or indirectly, through registration or use of the Domain Name or otherwise:

• register a domain name for the purpose of diverting trade from another business or web site, or

• deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill.

7.5 You must not:

• transfer or purport to transfer a proprietary right in any Domain Name registration, or

• grant or purport to grant a registered Domain Name as security, or

• encumber or purport to encumber a Domain Name Licence.

7.6 To register a .org.au or a .ans.au domain

• According to Auda policy you must be a charity or community orginisation to qualify for one of these domain name spaces. It is the responsibility of the registrant to carefully read the registration licence conditions as refunds and not made for non qualifying applications that pertain to .org.au and .asn.au domain name spaces. This is due to pricing and costs involved with transaction reversals.

8. USE OF YOUR INFORMATION

You give to:

8.1 auDA, the right to publicly disclose to third parties, all information related to the registered Domain Name in accordance with the Published Policies;

8.2 us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;

8.3 the Registry Operator, the right to publicly disclose to third parties, all information related to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.

9. DISPUTE RESOLUTION

9.1 auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.

9.2 The auDRP binds you and us severally as if it were incorporated in this document.

9.3 You accept that:

• auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and

• such policies bind you and us severally as if they were incorporated in this document.

10. TRANSFER OF REGISTRARS

10.1 We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:

• the maximum fees which we can charge you for such transfer,

• when we are not allowed to charge you fees,

• the conditions under which we must transfer the registered Domain Name, and

• the conditions under which we are entitled not to transfer the registered the Domain Name.

10.2 If:

• we are no longer an accredited registrar, or

• our auDA Accreditation is suspended or terminated, or

• our registrar agreement with auDA is terminated by auDA,

then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.

10.3 If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.

11. LIMITATION OF LIABILITIES

11.1 You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.

11.2 You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.

11.3 You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.

11.4 You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.

11.5 Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.

11.6 Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.

12. OUR AGENCY

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.

13. .AUD DIRECT - RESERVED DOMAINS

13.1 For the duration of the Priority Window, .au domains that match an existing 3rd level .au domain are Reserved;

• Only owner(s) of the existing 3rd level domain(s) are eligible to apply for a Reserved domain.
• Ineligible applications will result in order cancellation and an administrative processing fee.

13.2 Reserved domains are allocated at the full discretion of auDA (the Governing Body) and Afilias (the Registry).

13.3 In the cases of Reserved domains that match multiple existing (3rd level) .au domains, you will be required to submit a Domain Application;

• All application fees are non-refundable
• If your application is successful, the application fee will cover the cost of the initial 1 year registration
• If your application is contested by another party, you may be required to renew your application on an annual basis, in order to keep your interest active.

14. GENERAL

14.1 In this document:

• a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;

• a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;

• headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and

• where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.

14.2 All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect

14.3 If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.

14.4 This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.

1. This Pre-Ordering service will attempt to register the nominated domain, once the .au General Release window is opened by the .au Registry.

2. There is no guarantee that every Pre-Order application will be successful, due to the large interest in the general release.

3. Pre-Order applications will be offered on a First-Come, First-Serve basis, until the advertised close time.

4. Pre-Order applications may be cancelled at any time, if they are deemed to be invalid.

5. To be deemed valid, a Pre-Order application must;

a) comply with the standard terms of service of this website

b) meet the licening criteria published on auDA's website

c) be paid in full (confirmed by a receipt issued by our billing system)

6.1 All Pre-Order applications will incur;

a) An Application fee

b) An Administration fee

6.2 All prescribed fees are non-refundable, even in the event of an unsuccessful application.

7. Successful applications will result in the domain licence being registered for a period of 1 year.