Terms and conditions of use


CITEC Confirm terms and conditions of use

This version (1.1.8) of the CITEC Confirm Terms and Conditions of Use is valid as at 18 February 2009. This version replaces and takes precedence over the prior version (1.1.7) valid as at 28 February 2008.

Definitions and interpretations

"CITEC"	means the State of Queensland, Australia.
"database"	means a database of a Database Provider to which you have access pursuant to this agreement.
"CITEC Confirm"	means the equipment, programs and services provided by CITEC to allow users electronic access to publicly available information held in the databases of the Database Provider.
"Commercial Credit Facility"	means a credit arrangement established with CITEC for the purposes of utilising CITEC Confirm.
"Database Provider"	means a State or Commonwealth Department or instrumentality, or other Government or non-government body contributing a database to CITEC Confirm.
"Registration Details"	means the specific details you provide to us for the purpose of establishing and operating your CITEC Confirm access account.
“Terms and Conditions”	means the CITEC Confirm Terms and Conditions of Use.
"us"	means CITEC.
"we"	means CITEC.
"you/your"	means the legal entity or entities registered as a CITEC Confirm client.

Term of agreement

Commencement

This agreement will become effective between you and us when:-
- CITEC Confirm accepts your application; and
- you receive by email from CITEC Confirm notice of your acceptance. Your acceptance notice will under normal operating circumstances be provided within one (1) hour of CITEC Confirm’s acceptance of your application.
Your application will be subject to security and operational verification so that we can be assured that your CITEC Confirm access account is valid and representative of you and that such account has not been established in a manner which misrepresents you. We will be under no obligation to provide CITEC Confirm access until such time as the security and verification process has been validated.

Variation

We have the right to change or discontinue any feature of CITEC Confirm at any time, including content, hours of availability, pricing, equipment required for access and these Terms and Conditions.
Variation notices will in the majority of circumstances be advised via the CITEC Confirm web site. The alternate variation notice process will be written notification.

Registration Details and Suspension

CITEC Confirm access will only be provided to you where the Registration Details are correctly representative of you. We, at our sole discretion, will suspend your CITEC Confirm access account where Registration Details you have provided are found to be misrepresentative of you.

Termination

Automatic termination
This agreement will automatically terminate if you try to use CITEC Confirm without having paid all relevant charges in advance. This condition is not directly applicable should you have an approved CITEC Confirm Commercial Credit facility, however the provision relating to termination will apply in any circumstance where you are in breach of the Commercial Credit facility arrangement.
Termination by you
You can terminate this agreement by advising us by e-mail. The notice of termination must include your Account Code and password. Termination will take effect when we acknowledge having received such notice. Surplus funds will be forwarded by cheque.
Termination by us
We can end this agreement immediately without notice should you be in breach of this agreement.

Fees and terms of payment

Unless you have an approved CITEC Confirm Commercial Credit facility then all fees are payable to us in advance.
Current fees are displayed on the Fees page of the CITEC Confirm web site.
CITEC Confirm has two elements to fees:
- Database Provider Information fees which are the fees for the information levied by the Database Provider;
- and CITEC Confirm delivery fees which are the fees for us delivering the information to you.

Refund Policy

Refunds are not available under any circumstances once searches have been ordered.
Refunds will not be given for manual document ordering searches. A no result is considered a result and is therefore due and payable by you.
Your misuse of activation buttons or any CITEC Confirm technology which incurs multiple or single charges will become due and payable by you. No refund applies under these circumstances.

Minimum system requirements

CITEC Confirm uses Internet technology. It is your responsibility to meet the requirements which are listed in the System Information. These requirements may vary from time to time.

Transmission speed

We have no control over the speed of transmission of data where the Internet is used for access.

Interruption to service

We do not promise that your access to CITEC Confirm will be uninterrupted (except to the extent, if any, which such a promise might be implied by law and be incapable of exclusion by us).

We will use our best efforts to provide access during the hours published. However, there may be an interruption to services to facilitate urgent reasonable maintenance by us.
We will not be liable to you or third parties for interruptions to the service beyond our control including but not limited to:
Problems with your telecommunications services;
Problems with your Internet Service Provider; or
Problems with your hardware or software.

(Except to the extent, if any, which we may not be able to lawfully exclude such liability).

Disclaimer of liability

You agree that we will not be liable to you for anything (even negligence) to do with CITEC Confirm (for example, without limitation, inaccurate information), except to the extent (if any) which we cannot exclude liability.

Intellectual property and copyright

You acknowledge that you do not acquire any property rights in database information provided to you through CITEC Confirm.
CITEC Confirm and the CITEC Confirm logo are the registered trademarks of CITEC and remain the property of CITEC. Through your use of CITEC Confirm you may also access the registered trademarks of Database Providers. Unless otherwise provided for under these terms and conditions of use, you are not provided any authorisation to reproduce or utilise CITEC 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.

Use of information

Databases
CITEC Confirm is made available only for your personal information or business operations.

You agree not to use CITEC Confirm data to provide or facilitate direct Online access to any other person.

NOTE: There is a separate agreement to be entered into by an Information Broker who shall include any person seeking the waiver of any of the restrictions referred to in this clause, or such other person as shall be determined by CITEC to be an Information broker. Information brokers shall not be covered by this agreement.
About you
CITEC will retain and protect the information provided by you for registration and CITEC Confirm 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 your personal data absolutely. CITEC Confirm uses encryption which provides a level of security. However, your data may be exposed to loss, unauthorised access, use, modification or disclosure.

CITEC 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 CITEC Confirm.
Account code and password security
You are totally responsible for the use of your CITEC Confirm account code and password and for maintaining their security.

You shall be responsible for any use whatsoever of the Account Code and Password whether authorised or not.

You agree not to reveal your CITEC Confirm Password to any other person other than your employees who you authorise to use your Account Code and Password.

For security reasons, you shall be required to change the password when requested.
Support services
We will provide support for your use of CITEC Confirm by e-mail. We will endeavour to provide 24 hour turnaround on this service during operating hours. An e-mail form is provided on the Web site for this purpose.

Usage report records and management

We provide 12 months on-line access to usage report records. This access is for the purposes of assisting you to manage records in relation to end of year reconciliation.
During this access period it is your sole responsibility to download, retain and store the available records.
Should you require records outside of any 12 month access period then such records will be available to you at a fee as agreed between us and you.
Subject to your written request (email acceptable) we will provide you with a fee quotation inclusive of an estimated delivery timeframe.
Your written acceptance (email acceptable) of the fee quotation will be required prior to us proceeding to recover and deliver your records.
We will be under no obligation to provide your records outside any 12 month access period unless you have accepted a fee quotation.

Disputes

Any dispute arising out of or in connection with this agreement ("Dispute") shall be resolved as follows:
1. The parties shall first refer the Dispute to mediation by a Mediator who is approved by the Queensland 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.
2. The reference shall commence when either party gives written notice to the other, specifying the Dispute and requiring its resolution under this provision.
3. 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.
4. If the Dispute is not resolved within 21 days of the commencement of the reference under this provision, either part may then, but (subject to (5)) not earlier, commence proceedings in any court of competent jurisdiction.
5. Nothing in these terms and conditions prevents a party from commencing court proceedings relating to any Dispute at any time where that party is seeking urgent interlocutory relief.

Governing law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.

Specific databases - additional terms and conditions

Access to particular databases may be subject to certain additional database-specific terms. You agree that by accessing a database, you agree to the additional database specific terms that are applicable:

These documents can be viewed via our internet site www.confirm.com.au and CITEC suggests that you read these conditions of same prior to the execution of this agreement.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.