CreditorWatch Terms and Conditions
Please read these Terms carefully. You should print or make an electronic copy of the Terms for your records. By registering on the Site or accessing or using any of the Site and the information and services provided through the Site, you will be deemed to have accepted and agreed to be bound by the Terms of Service as updated from time to time, whether you are a visitor simply browsing the Site or you become a member of the Site (both, Users). If you do not agree with any of Terms of Service, or any changes to them, do not register on or use the Site.
If we amend the Terms in any material way, we will post a notice on this Site. Your continued use of the Site after notification of such material amendment to the Terms will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference from a link (for example, wwww.creditorwatch.com.au/terms) at the bottom of the home page of the Site.
The following definitions shall apply to the Terms:
(a) "Affiliate" means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person;
(b) "Authorised Representative" means any director, officer, employee, agent, or other representative of CreditorWatch or an Affiliate of CreditorWatch;
(c) "Business Information" means information provided by you or other users of the Site relating to a company or organisation, including Debtor Information;
(d) "Debtor Information" means information provided by you or other users of the Site relating to the credit worthiness of customers of a business;
(e) "Intellectual Property Rights" means all industrial and intellectual property rights both in Australia and throughout the world, whether now known or devised in the future, and for the duration of the rights including any patents, copyright, registered or unregistered trade marks or service marks, registered designs and commercial names and designations, circuit layouts, database rights and rights in relation to confidential information and trade secrets, whether or not registered or registrable.
(f) "Materials" means any materials that we provide to you in carrying out the Business Information Services.
(g) "Marks" means trademarks, service marks, logos and names and titles, of and associated with CreditorWatch or an Affiliate of CreditorWatch;
(h) "Laws" means (whether in Australia or any other relevant jurisdiction) all laws, codes, guidelines and the like, including rules of common law, principles of equity, statutes, regulations, proclamations, ordinances, by-laws, rules, regulatory principles and requirements, statutory rules of an industry body, statutory and mandatory codes of conduct, writes, orders, injunctions, judgements, Australian generally accepted accounting principles and industry-wide non-statutory rules in force or as applicable from time to time.
(i) "Person" means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity;
(j) "Privacy Laws" means the Privacy Act 1988 (Cth) and any other applicable legislation, principles, industry codes, guidelines, codes of conduct or ancillary regulation relating to privacy or the handling of Personal Information by either You or Us; and
(k) "User" means any Person using this Site.
2. DESCRIPTION OF SITE
This Site is intended to provide a Business Information service to allow Users to access information about businesses, including credit information, and permits you or third parties to amend Business Information on the Site (Business Information Services).
(a) You acknowledge and agree that we may:
(i) monitor access to and use of the Site by you; and
(ii) cancel your access to the Site if we believe:
A. you have breached the Terms of Service; or
B. you are no longer eligible or authorised to access the Site.
(b) Access to the Site depends on telecommunications and internet service providers and other external factors and we do not guarantee the availability of the Site at all times or at any specific times.
(c) While we will take precautions to ensure the Site is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, we cannot ensure the security of any information transmitted to, from or using the Site and Users do so at their own risk.
(d) You will at all times comply with all applicable Laws when you use the Site.
(e) The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with providing the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorised use, misuse, or disclosure of such information.
(f) The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your conduct or inaction. You are responsible for verifying the accuracy of transactions as entered including Business Information and for information as received.
(g) You warrant and represent to us that:
(i) you have obtained all necessary authorisation to enter into, and be bound by, these Terms either for yourself or on behalf of your firm, company or other organisation, as applicable, and to request each transaction requested by you;
(ii) you have obtained any necessary licences and consents to use any intellectual property of any third party and you must provide us with a copy of any such licence or consent on request;
(iii) you are least 18 years of age and have the legal capacity to enter this agreement;
(iv) you will not commercialise the Business Information Services;
(v) use reasonable efforts to prevent unauthorised access to or use of the Business Information Services;
(vi) notify us promptly if you become aware of any possible or actual unauthorised access or use of the Business Information Services;
(vii) publication of Business Information on the Site by you will not, at any time, infringe any Intellectual Property Right or any right of confidence or other right of any person;
(viii) you have obtained the consent of all individuals whose personal information is included in any Business Information to:
A. the collection of that personal information by us;
(ix) you have not done anything with Personal Information (as that term is defined in Privacy Laws) handled in relation to your obligations and rights under these Terms that will cause us to breach our obligations under Privacy Laws;
(x) you have ensured that when you collect, use, disclose, transfer or otherwise handle Personal Information in relation to your obligations and rights under these Terms, you have at all times complied with applicable Privacy Laws;
(xi) all accessible Business Information will be current and accurate, and will not mislead or deceive users of the Site;
(xii) each website represented by any URL shown or embedded in the Business Information for your business:
A. is controlled and operated by your business or its independent contractor;
B. will be functional and accessible at all times;
C. is suitable in all respects, including (without limitation) subject matter, to be linked to the Site;
D. will not introduce a Virus, malware, spyware, disabling or malicious device or code, time bomb, or any other code that may cause harm to the us or our systems; and
E. will not post or transmit any material that is unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, profane or indecent of any kind.
(xiii) publication of Business Information will not violate (or cause CreditorWatch to violate) any applicable law, regulation, standard or relevant industry code;
(xiv) each transaction requested by you relates only to services that you are entitled to receive through the Site;
(xv) in any default you register the debt payable under these Terms, such registered debt must be at a minimum of AUD$100; and
(xvi) in any default you register the debt payable under these Terms, such registered debt must exceed your payment terms.
(h) You authorise us, without further inquiry, to provide services and to release Business Information in accordance with your transaction request/s received by us, provided we receive apparently proper identification regarding such transaction requests. We reserve the right to refuse any request that we deem inappropriate, unreasonable, or illegal. We are not responsible for verifying apparently proper identification you provide to us. Notwithstanding the foregoing, we may require partial or full documentation or other verification to process any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. You acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
(i) By providing Business Information to CreditorWatch you agree and acknowledge that we may analyse, aggregate and anonymise such information for the purpose of generating industry benchmarks or similar reports for distribution to and consumption by Users of the Site.
(j) If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us of such access in accordance with these Terms and any applicable Laws.
(k) Prices advertised on the Site are for Business Information Services. Prices for some items may differ from those charged for other order entry methods. Prices and the availability of items are subject to change.
(l) By requesting information through the Site, you consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
4. ACCESS CONDITIONS
(a) You must ensure that all usernames and passwords required to access the Site are kept secure and confidential. You must immediately notify CreditorWatch of any unauthorised use of your passwords or any other breach of security and CreditorWatch will reset your password and you must take all other actions that CreditorWatch deems necessary to maintain or enhance the security of CreditorWatch’s computing systems and networks and your access to the Site.
(b) You confirm that you have read and accept the Xero.com.au terms and conditions for the use of Xero accounting software and agree to have the Xero accounting integration linked to the Site.
5. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree you are bound by any affirmation, assent, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
(a) You agree to pay us upfront the amounts set out on our Site. All amounts are stated in Australian dollars and include GST (where applicable). Our fees do not include any taxes, duties or charges imposed or levied in Australia or overseas (collectively, Taxes) in connection with this agreement and its performance. You will be required to make payment by way of credit card or other payment methods as set out on the Site when making a purchase regarding the Business Information Services.
(b) We may, at our discretion, issue you a tax invoice for the amounts referred to in this clause in relation to the Business Information Services (Invoice). Where applicable, you agree to pay our Invoices within 7 days of the Invoice date. If an Invoice is unpaid for more than 7 days, we may suspend access to or provision of the Business Information Services to you until we receive payment of the Invoice.
(c) We may charge interest at the rate of 2% per month on any amounts unpaid after the expiry of days after the payment date specified in the Invoice.
(d) If invoices are unpaid for 7 days after the payment date specified in the Invoice, we reserve the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us and You will be liable to us and/or the third party for any associated costs until such time as such amounts are paid in full to such third party
(e) Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion, by written notice to you. Where reasonably practicable, we will endeavour to provide you with advance notice of such changes. The pricing changes will apply to you for Business Information Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are posted on our Site or are provided to you, whichever is earlier. Where we make pricing changes which you do not wish to accept, you may cancel your account in accordance with clause 7.
7. ACCOUNT TERMINATION
(a) Customers who are billed via Invoice can cancel their account by providing 30 days notice to CreditorWatch. A subsequent Invoice will be issued for the remaining 30 days of access to CreditorWatch.
(b) Customers paying by direct debit of their credit card can cancel their account at any time by contacting CreditorWatch.
(c) If your subscription plan includes a free trial period and you have chosen to pay for the Services by credit card, you will automatically be charged for the Services at the end of your free trial and every 30 days thereafter unless you cancel your account.
(d) Any subscription fees that have been charged prior to cancellation are not able to reimbursed
(e) To cancel your account, you may contact either:
(i) CreditorWatch’s customer service department on 1300 50 13 12; or
(ii) your assigned Account Manager.
8. RESTRICTIONS ON USE
(a) Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other Person or Affiliate to:
(i) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by CreditorWatch to its Users, in particular, you must not disclose Business Information uploaded by users of the Site to non-users of the Site;
(ii) use promote or otherwise encourage the use of this Site or any Business Information for any illegal or unauthorised purpose;
(iii) infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;
(iv) transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorised communication;
(v) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Business Information from this Site;
(vi) use devices (including software) that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site;
(vii) with the exception of web browser software, or other applications approved by Us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Business Information from Site, including our computer system;
(viii) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Site;
(ix) collect or store Personal Information (as that term is defined in Privacy Laws) about other Users of this Site;
(x) transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment;
(xi) use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libellous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit;
(xii) identify CreditorWatch or other users of the Site as the source of any Business Information;
(xiii) create a link from a website to any page of this Site unless the user or the operator of the other website has executed our then standard agreement for the granting of permission to establish such a link.
(b) The number of searches you can perform (credit files you can access) is limited to those outlined in your subscription plan or contract. If not specified in such subscription plan or contract then the limit on the total amount of searches you can perform under these Terms is 10% of your monitoring limit. For example, if you are able to monitor 100 entities, you can perform 10 searches.
9. SITE MONITORING
(a) While we may monitor any use of this Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
(b) We and our Affiliates and Authorised Representatives may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms, the security of this Site, or for other lawful reasons.
(c) You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorised Representatives concerning any monitoring activities so undertaken.
(a) CreditorWatch and its Affiliates do not warrant or makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the materials in this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
(b) Links in this Site, which link to other sites on the World Wide Web are not under the control of CreditorWatch or any Affiliate or Authorised Representative of CreditorWatch and none of such persons is responsible for the Business Information of any linked site or any link contained in a linked site, or any changes or updates to such sites.
(c) CreditorWatch makes no warranty that:
(i) the operation of the site will meet the User's requirements or expectations;
(ii) access to the site will be uninterrupted, timely, secure, free of unauthorised code or other harmful components, or free of error or malfunction;
(iii) the results that may be obtained from the use of the site will be accurate or reliable; or
(iv) errors or defects will be corrected and/or corrected within a specified period of time.
11. LIMITATION OF LIABILITY
(a) Your sole and exclusive remedy for our breach of any statutorily implied warranties, conditions or guarantees which cannot lawfully be excluded is, to the extent legally permitted, limited to, at our option, either providing the Business Information Services again or paying the cost of providing the Business Information Services again in respect of which the breach occurred.
(b) To the maximum extent permitted by applicable law, We exclude and will not be liable for any loss of revenue, business, anticipated savings or profits, loss of goodwill, loss of your inputs or for any indirect or consequential loss arising out of or relating to the Business Information Services or these Terms.
(c) To the maximum extent permitted by applicable law, our liability arising under or in connection with this agreement which is not otherwise excluded by paragraphs (a) and (b), is limited, in the aggregate, to the total amount paid or payable by you to us under this agreement in respect of the Business Information Services under which such liability arose.
(d) Our limitations and exclusions of liability as set out in this clause 11 apply regardless of the basis on which the relevant liability arises, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
(a) You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
(i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(ii) the Materials you order not being suitable or appropriate for your purposes or in/to your circumstances;
(iii) you failing to obtain advice from an appropriately qualified professional regarding the Materials and whether they are appropriate for your purposes or in your circumstances;
(iv) your answers to questions asked on the Site, including if you do not answer them accurately;
(v) amending the Materials after you order them from the Site;
(vi) any breach of these Terms; and
(vii) any misuse or unauthorised distribution of the Business Information Services, the Site or the Materials from or by you, your employees, contractors or agents.
(b) You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Business Information Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
(c) You agree to indemnify us against any cost, loss, liability or damage suffered or incurred by us as a result of your use of the Site.
(d) The obligations under this clause will survive termination of these Terms.
13. ACCURACY, PRIVACY AND SECURITY
(b) Information contained on this Site or information electronically generated by this Site may contain information that has be provided to CreditorWatch by third parties.
(i) CreditorWatch has not verified the accuracy, currency, reliability or completeness of the information and makes no representation or warranty as to their accuracy, currency or reliability.
(ii) CreditorWatch will have no liability to any persons for inaccuracy, omission, defect or error on CreditorWatch or information electronically generated by CreditorWatch.
(iii) The Search Extracts contained in the Australia Securities and Investments Commission (ASIC) System and ASIC Registers are based on information provided to ASIC by third parties.
(iv) ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability.
(v) ASIC will have no liability to any persons for inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers.
(c) If you believe that:
(i) the security of this Site has been breached; or
(ii) your information on the Site may have been used without your authorisation; or
(iii) this Site contains any inaccurate information, infringes any law or these Terms,
please notify us by email Support@CreditorWatch.com.au
14. INTELLECTUAL PROPERTY
(a) You hereby grant to Us a non-exclusive, royalty free licence (with right to sub-licence) for the term of these Terms to use, reproduce, modify or adapt the any materials you provided to us under these Terms for the purposes of performing the Business Information Services.
(b) We hereby grant You a perpetual (except where this agreement is terminated), non-exclusive, non-transferrable, non-sub licensable, royalty free licence to display, copy, distribute, download, and print portions of the Business Information solely for your internal business purposes or for the purpose of conducting business with CreditorWatch.
(c) We grant you a license to use the CreditorWatch membership logo for the term of this agreement. This licence is immediately revoked upon, but not limited to:
(i) cancellation of your account;
(ii) when your account fees are more than 7 days overdue; or
(iii) when you have received written instructions (mail or email) to cease using the membership logo.
(d) You acknowledge and agree that any and all current and future intellectual property rights associated with the Site, including such rights with respect to any name or mark that we may develop for, or use in connection with, the Site, is, and will be owned by us or their respective owners. Nothing in these Terms gives or is intended to give you or any User any claim for ownership of or any rights in such intellectual property.
(e) The following restrictions apply to the content of the Site:
(i) you agree that the content of the Site is our property or the property of our customers (as the case may be) and is subject to protection by Australian and international intellectual property laws;
(ii) subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of our content or Business Information (or any portion thereof) without our prior written approval.
(iii) you may only use and download materials that are made available on the Site for your own internal use;
(iv) you may not use, distribute, modify, transmit, or post any of our content or Business Information obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission including but not limited to reselling access to any such materials or to redistributing or facilitating the redistribution of any such materials for sale to others;
(v) you may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials;
(vi) you hereby assign to us copyright in any document owned by you which you uploaded onto the Site; and
(vii) if you enable third-party applications for use in conjunction with the Site, you acknowledge that you have assigned to us copyright in any document owned by you which you uploaded or created within the third-party application.
(f) Except as set out in paragraph (c) above, nothing contained in these Terms or this Site grant any license or right to use any of the Marks displayed on this Site. You agree not to use the Marks.
(g) You agree that any material, information, and ideas that you transmit to CreditorWatch for inclusion in the Site shall be treated as non-confidential and non-proprietary information. CreditorWatch shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner that does not reveal your identity.
15. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
(a) If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
(b) We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
(c) We may modify or discontinue all or any portion of the Site or any function made available thereby or any document uploaded onto the Site by you at any time without prior notice.
(d) We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this agreement.
(e) We reserve the right to block access to all or any portion of the Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
(f) The Site may be unavailable at times due to no fault of ours.
16. JURISDICTION AND APPLICABLE LAW
(a) Unless otherwise specified, we control and operate this Site from our offices within Australia. The Services and products described and information provided through this Site are directed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or Authorised Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
(b) The laws of the State of New South Wales will govern the Terms and any dispute of any type that may arise between a User and CreditorWatch and its Affiliates and Authorised Representatives concerning or arising out of the use of this Site.
(c) If either party takes legal action relating to this Terms, both of us consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of New South Wales with respect to such matters.
(a) You acknowledge, these Terms constitute the entire understanding between us and you and supersedes all other prior or contemporaneous negotiations, agreements or understandings whether written or oral between us and you or otherwise published by us relating to the supply and installation of the Business Information Service and the other services provided under this agreement.
(b) Notwithstanding any other provision of this agreement, neither party will be liable for any failure to perform its obligations under this agreement where that performance is delayed, prevented, restricted or interfered with as a result of a fire, flood, earthquake, utility failure, elements of nature or act of God, riot, civil disorder, rebellion, acts of war or terrorism, telecommunication breakdowns or interruptions and power failures.
(c) We may subcontract the whole or any part of our obligations under this agreement without obtaining your prior written consent. You will not assign any of your rights or obligations under this agreement without obtaining our prior written consent.
(d) If any of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
(e) The headings of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.
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 [www.creditorwatch.com.au/terms] (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. Please read these terms carefully. By selecting this option and/or using 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. If you do not agree to these PPSR Terms, then we are unwilling to grant you access to services relating to the PPSR through the Site, and you will not be able to access such services.
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 [www.ppsr.gov.au/general-conditions-use]), the PPSR Account Customer Terms and Conditions (accessible here [www.ppsr.gov.au/account-customers-terms-use]), the PPSR B2G Access Terms and Conditions (accessible here [www.ppsr.gov.au/b2g-channel-terms-use]) and the PPSR Disclaimer (accessible here [www.ppsr.gov.au/disclaimer]), to the extent applicable and 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) true, complete and fully correct;
(ii) not in any way misleading or deceptive;
(iii) updated as necessary to ensure that at all times it remains true, complete, fully correct and not in any way misleading or deceptive;
(iv) 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 be 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, malfunction, interruption or breakdown or be fully or partially unavailable.
5. 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. The information recorded on the PPSR relies on the person which entered or supplied the relevant information. We provide no undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided on the PPSR.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 us 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 established under section 194 of the Act acting directly or by way of any relevant delegate.