Account customer terms and conditions

These terms describe your rights and responsibilities when using your account with AFSA Online Services.

Introduction

1. Personal information provided by you will be treated in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). The Australian Financial Security Authority's (AFSA's) privacy policy provides further information regarding the collection, storage, use and disclosure of personal information, and can be accessed at on our privacy page , or you can request a copy from AFSA.
2. You must have a current Account (which expression includes pre-pay and invoiced account payment options) with AFSA to be able to access and use various AFSA Online Services (including B2G interface access). To establish an Account you must provide us with requested information, properly identify yourself and satisfy us that you meet all relevant requirements to qualify to hold an Account and agree to be bound by these Account Customer Terms and Conditions.
3. These Account Customer Terms and Conditions do not apply to access to and use of the Personal Property Securities Register which has its own Account customers terms of use.

Establishment and use of account

To the extent of any inconsistency between these Account Customer Terms and Conditions and the Terms and Conditions referred to above, these Account Customer Terms and Conditions prevail.

4. Where you establish or use an Account in the capacity of a representative of an organisation, you represent and warrant to us that such establishment or use is duly authorised by that organisation.
5. You must (unless you are a B2G Client that sells NPII searches, or we approve otherwise in writing):
   1. only use your Account exclusively for your own purposes (or if your use is in the capacity of a representative of an organisation, exclusively for the purposes of that organisation);
   2. not collect, store or use information obtained from using your Account for any purpose associated with the provision, or potential provision of, an information service to any person.
6. You must take all reasonable action to protect and maintain the security of your access to and use of your Account, including, without limitation, in respect to choice of passwords, changing passwords and maintaining the security of all usernames, passwords, tokens, access codes, encryption keys and other information relating to access, authentication or security.
7. You must take all reasonable action to prevent and detect unauthorised use of your Account, and immediately notify us if you know or suspect that unauthorised use has occurred in relation to your Account.
8. Access to and use of your Account is subject to you complying with the current version (as notified to you) of these Account Customer Terms and Conditions and, as relevant to your access to and use of AFSA Online Services:
   1. the AFSA Credit Application - Terms and Conditions;
   2. the AFSA B2G Integration Environment Terms and Conditions
   3. the AFSA B2G Production Environment Terms and Conditions; and
   4. the AFSA Online Services Terms and Conditions
9. You must ensure that all your Users are aware of and comply with these Account Customer Terms and Conditions.
10. You must not allow any other person to access or use your Account (other than your authorised Users, if any).
11. You are responsible for all use of your Account, including any unauthorised use except to the extent that such use could not have reasonably been prevented by you.
12. We may advise or notify you of any matter relevant to your account via appropriate means (including on the AFSA website, by telephone, SMS, email, mail or facsimile to any relevant address you have provided to us).

Update of information

13. You must promptly update your Account details and all other information when any information provided by you relevant to your Account or usage of your Account is no longer accurate or up to date in any way (for example updating contact details when they change or deleting details of any User you have created in respect to your Account as soon as they are no longer authorised to use your Account).

Cancellation

14. We will promptly cancel your Customer Account if you notify us to do so. We will advise you once cancellation has been effected.

Termination

15. We may terminate your Customer Account at any time with or without notice where:
    1. we know or reasonably suspect that:
       1. you have breached these Account Customer Terms and Conditions;
       2. you have not fully and properly identified yourself or any relevant User to us; or
       3. you have provided us with false, incomplete or misleading information; or
    2. we consider that your Account has become inactive.

Indemnity

16. You indemnify us against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we (or our personnel) may incur, that arises out of or in connection with, your use (including unauthorised use except to the extent that such use could not have reasonably been prevented by you) of or access to your Account, or the lawful exercise of our rights pursuant to these Account Customer Terms and Conditions.

Definitions

17. In this document, unless the context implies a contrary intention, the following terms have the meaning set out below:
    • Account means your Customer Account or a relevant User Account, or if the context admits, all such accounts.
    • Account Customer means a person who holds a Customer Account.
    • B2G Client means a party interacting with AFSA via a B2G Client System and includes, where the context admits, the employees, agents and subcontractors of that party.
    • B2G Client System means software that makes requests and receives responses from published AFSA web services
    • Customer Account means the account which is used to manage and control access to, and use of, AFSA’s Online Services by you and your Users.
    • User means each person who has access to your Customer Account.
    • User Account means the account of each individual User you have authorised to use AFSA’s Online Services in conjunction with your Customer Account.
    • we and us means AFSA.
    • you means the relevant Account Customer, and, as the context admits, each relevant User, and where your use is in a capacity as a representative of an organisation, means both you and that organisation.