1. These additional terms (PPSR Terms) cover your access of services relating to the PPSR through the Site. These terms apply in addition to the CreditorWatch Pty Ltd terms of service accessible here (Terms of Service). Words or expressions defined in the Terms of Service have the same meaning in these PPSR Terms, unless the context indicates otherwise. These PPSR Terms are in addition to and are not intended to limit or derogate from your obligations under the Terms of Service or any other agreement between you and us regarding the services we provide or the use of the Site. We will only grant you use of and access to services relating to the PPSR through the Site on the condition that you accept and agree to all of these PPSR terms by clicking on “I Agree” below. Please read these terms carefully. By selecting this option and/or using the services relating to the PPSR through the Site you indicate your agreement to these PPSR Terms which form a legal and binding agreement between you (and your company if applicable) and us.
2. You acknowledge and will ensure that you (and any person that you permit to access the PPSR using the Site) are aware of and agree to comply with the PPSR General Conditions of Use (accessible here[https://www.ppsr.gov.au/general-conditions-use]) the PPSR Account Customer Terms and Conditions (accessible here[https://www.ppsr.gov.au/account-customers-terms-use]) and the PPSR B2G Access Terms and Conditions (accessible here[https://www.ppsr.gov.au/b2g-channel-terms-use]), as required by the Registrar.
3. You acknowledge and agree that:
a. you are responsible for your use of the PPSR and that we have no liability for any loss or damage that you may suffer as a result of access to (or failure to access) the PPSR using the Site;
b. it is your responsibility to ensure that all information that you input through the Site in relation to the PPSR is:
i. is true, complete and fully correct;
ii. is not in any way misleading or deceptive;
iii. is updated as necessary to ensure that at all times it remains true, complete, fully correct and not in any way misleading or deceptive; and
iv. is duly authorised to be provided to us and the Registrar and to be supplied by us to the Registrar and, as relevant, for it to included in the PPSR and made available as PPSR Information, and that such provision and use will not breach any law or infringe any right of any person; and
v. suitable to achieve any legal outcome that you intend to effect by providing the information.
4. You acknowledge and agree that services relating to the PPSR made available through the Site may not always work as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable. You acknowledge and agree that PPSR Information and your access to and use of services relating to the PPSR through the Site is on an ‘as is, as available’ basis only.
5. Without limiting any other provision of these PPSR terms you acknowledge and agree that it is your sole responsibility to take all steps, including by inputting or supplying the correct information, necessary to bring about a legally valid registration on the PPSR and we are not responsible for any failure by you or anyone else to effect a legally valid registration on the PPSR. To the extent permitted by law you release us from all liability however arising, including in negligence, in connection with any such failure.
6. To the extent permitted by law you release and discharge us from all actions, whether legal, equitable, under statute or otherwise and including in negligence, and all other liabilities of any nature whatsoever in connection with your access of services relating to the PPSR through the Site.
7. Liability under provisions of the Australian Consumer Law pursuant to the Competition and Consumer Act 2010, which provide for certain consumer guarantees in relation to the provision of goods and services, may not be excluded in some circumstances.
8. If our liability under such statutory guarantees cannot be excluded and if permitted by law, our liability under such statutory guarantees in relation to the supply of services is limited to:
a. the supplying of the services again; or
b. the payment of the cost of having the services supplied again; at our option.
9. You agree to indemnify us against all claims, losses, costs or expenses:
a. incurred by us as a result of any breach by you of these PPSR Terms; or
b. by any other person in connection with your access of services relating to the PPSR through the Site.
10. Definitions – in these PPSR Terms:
a. Act means the Personal Property Securities Act 2009 (Cth).
b. PPSR means the Personal Property Securities Register established under section 147 of the Act and associated data, information, material, applications, systems, functionality, infrastructure, websites (including third party systems and information provided as an adjunct to, or via, or in conjunction with the Personal Property Securities Register) or other things designated by is to form part of the PPSR.
c. PPSR Information means all data, information and material of any kind (including data, information and material provided by a third party) contained in or made available via the PPSR.
d. Registrar means the Registrar of Personal Property Securities under the Act acting directly or by way of any relevant delegate.