Terms and Conditions


Before you can register for our online services, we ask that you read and agree to our terms and conditions, known as the 'Agreement'. By accessing or using our service you agree to be bound by the Agreement, which explains our obligations and your obligations in any dealings or transactions you have with us.

In these Terms and Conditions (referred to as the 'Agreement') 'you' and 'your' refers to each customer. 'We', 'us' and 'our' refers to IP Australia. And 'Service' refers to the services provided by us as offered through the IP Australia web site.

This Agreement explains our obligations to you, and explains your obligations to us while accessing the IP Australia web site and using various Services.

Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions of this Agreement and our Business Rules. Violation of this Agreement will result in action being taken against your account. This action can range from issuing a warning, to the termination of your account. IP Australia reserves the right to report any offense to the proper authorities if necessary.

We may modify this Agreement at any time, and such modifications shall be effective immediately upon web posting of the modified Agreement. You will have to renew your agreement every time such changes occur and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement. In addition, when using particular Services, you shall be subject to any web posted guidelines or rules applicable to such Services. All such guidelines or rules are hereby incorporated by reference into this Agreement.

Acceptable Use Policy

While using this Site or Site-related Services, you agree to comply with all applicable laws, policies, terms and conditions related to this Site and Site-related Services.

It is a condition of you using this Web Site that you do not:

  • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy
  • transmit any message, data, image or program, which is indecent, obscene or pornographic
  • transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information
  • interfere with the rights of others to use the Service
  • transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features
  • use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity
  • impersonate or falsely represent your association with any person or organisation
  • use, reproduce, sell, resell or otherwise exploit any of the Services for commercial purposes
  • attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, including the use of automated tools
  • access or attempt to access information resources you are not authorised to use

Access and Passwords

When you register with IP Australia you provide a username and password that can later be used to log on to our secure facilities. This username and password is linked to your customer reference number and consequently allows you to access secure Services. We ask you to provide two sets of questions and answers called shared secrets. These secrets provide an additional method of verifying your identity in case you forget your password or need other assistance.

Encryption together with your username and passwords ensures the confidentiality, integrity and authenticity of your electronic transactions. It is your responsibility to protect your password from disclosure to unauthorised individuals. Registered Organisations should only allow authorised individuals access to the username, password, customer reference number and shared secrets. Do not distribute or publish, in any form, this information to unauthorised individuals.

You agree to be responsible for:

  • all activities that occur under your username, and password
  • maintaining the confidentiality of your password and shared secrets
  • changing your password on a regular basic
  • changing your password if it becomes known to unauthorised personnel
  • changing your password if personnel who know the password leave the organisation
  • contacting us if your username, password or shared secrets have been lost, stolen or otherwise compromised
  • logging out at the end of each session.

Security

You may not tamper with other accounts, or commit unauthorised intrusion into any part of the IP Australia web site. This includes computers, files, accounts, networks and equipment. You may not attempt to bypass the network firewall.

You may not use any Services for which you are not authorised or devise ways to circumvent security in order to access Services for which you are not authorised. This includes but is not limited to scanning our network or other networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not.

You may not use the system in a manner that encumbers disk space, processors or other system resources. You may not make deliberate attempts to interfere with a Service, overload a Service or attempt to disable a host. You may not access our services to create computer malfunctions or attempt to interrupt Services provided.

You will not attempt to use Services or systems without the owner's authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of Services, intentional invasion of privacy, reading of files without authorization. Additionally you will not use programs, scripts, commands or send messages with the intent to interfere with the Service.

Monitoring

The effective management and security of this site requires that usage is routinely monitored and analysed for evidence of misuse and attempted or actual security breaches. Unauthorised or improper usage may result in your activities being recorded and appropriate action taken. Actions may range from a warning through to cancellation of your access to the Service. Further information on user monitoring may be found in the Privacy Policy.

Endorsement of Third Party Organisations

Incorporated into this web site are links to the web sites of other organisations and businesses. The links we have incorporated do not and should not be taken as implying an endorsement or approval of the content of those web sites or the activities of the organisations and businesses responsible for those web sites

Indemnity

You agree to indemnify, defend and hold harmless IP Australia and their employees, contractors, officers and directors from all liabilities, claims and expenses, including attorney's fees and court costs, that arise directly or indirectly from:

  • your breach of this Agreement
  • your violation of the Acceptable Use Policy and/or
  • your activities in connection with the Site or Site-related services.

Disclaimer of Warranties

You understand and agree that:

  • the Service is provided on an "AS IS" and "AS AVAILABLE" basis and without warranties of any kind, expressed or implied
  • IP Australia makes no warranty that the Service will meet your requirements, be uninterrupted, timely, or error-free
  • any material downloaded from the service is done at your own risk and you are solely responsible for any damage to your computer system or loss of data as a result from the download
  • no advice or information obtained by you from or through the service shall create any warranty

Limitation of Liability

You understand and agree that IP Australia shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, data or other intangible losses resulting from:

  • the use or the inability to use the service
  • unauthorised access to or alterations of your transmissions or data
  • activities resulting from the loss or misuse of your username and password
  • statements or conduct of any third party on the service or
  • any other matter relating to the service.

Last Updated: 13/2/2012