WATCHLISTER TERMS AND CONDITIONS
In these terms and conditions, “we” “us” and “our” refers to Index Partners Pty Ltd Trading As watchlister (ABN 72 18 037 317). Your access to and use of all information on watchlister.com (the website) including purchase of our information services is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
From 1 July 2012, most insolvency and other notices will no longer be required to be advertised in the print media but will be lodged with ASIC for publication by ASIC. The types of notices that MUST be lodged by solicitors, accountants, members of companies and insolvency practitioners for publication by ASIC are:
1. Notices of winding up applications
2. Notices relating to appointments
3. Notices of meetings of creditors
4. Notices of intention to disclaim property
5. Notices calling for proofs of debt and intention to declare dividends
6. Notices of meetings for schemes of arrangement (although the option to publish in print will remain)
7. Company deregistration (ASIC publishes these notices)
If a solicitor, accountant, member of a company and/or an insolvency practitioner fails to lodge these notices for publication by ASIC, they may not appear as an alert. We accept no responsibility for any loss that may occur by the failure of any person or entity to lodge the required insolvency notices.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- You agree to provide any notifications to individuals that are required under the Privacy Act 1988 (Cth) before you request our information services.
- On registration, we provide you with a password. You agree to keep any user name, password or other identifiers we provide to access the website confidential and secure, and not to transfer between users or disclose to any third party the user name, password or other identifiers we give you to access the website. If we ask you to, you agree to stop using those user name(s), password(s) or other identifiers and use any replacement identifiers we give you.
- On registration you agree to pay for our services as set out on our website.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions, or without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
Our Website Services
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- The service accesses insolvencynotices.asic.gov.au – “the ASIC insolvency notice website” - to obtain information on company insolvencies. If an insolvency professional fails to update the ASIC insolvency notice web site with details of their appointment or otherwise fails to update the ASIC insolvency notice web site we will not be held responsible for any losses that may result from this failure.
Site Access and Use of Our Information Services
- When you visit our website, we give you a limited licence to access and use the reports and information services we provide you only for your own internal business use and only for the purpose that we supply them for.
- You agree that you will not re-sell, re-package or otherwise reuse our information or information services in any other way.
- If we deliver reports to you electronically, you can save them onto your system, or print them for your file, but you agree that you will not reproduce, modify, adapt, re-sell, or otherwise reuse our reports in any other way.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information services on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- When we provide the information and alert services to you, we rely on information provided to us by others. While we always aim to provide quality information and alert services to you, you understand and acknowledge that we do not independently check all information supplied to us, or the compilation of information by our systems, and that information may become out of date. You understand that you are responsible for assessing the value and risk rating of the information and alerts we provide to you, and for the business decisions you make, regardless of whether you base them on the information we supply.
Information we Collect
- We collect information from you when you use our information services, including Australian Business Number (ABN) information that you enter into the website to monitor Australian businesses. You acknowledge and accept that the quality and accuracy of the information services, alerts and information returned to you relies on the accuracy of the information you have entered and you provide us in your request for the particular service, including and especially the accuracy of ABNs you enter into the website.
- Once you give information to us, we can use that information to supply our information services to you and others.
Non-availability, interruptions and Faults in using the service
- Where we supply information services and alerts to you online or via another communication channel, the availability of the services and alerts rely on the availability of those links and services as well as links to information services provided by the Australian Business Registry, Australian Securities and Investments Commission and other data sources. While we undertake to do our best to ensure the availability of the information services and alert services, we are not responsible if the links, networks, or data services which we are using are unavailable at any time, and we cannot and do not guarantee that our information and alert services will be available continuously and available without interruption or fault.
- We will make reasonable efforts to ensure that the information services, alert services using email and Short Message Service (SMS) and the website is available for users, including registered users.
What happens if emails cannot be delivered?
- Your Alerts are sent automatically. We us standard internet email facilities to attempt to deliver an email to the address specified in your profile. If this attempt to deliver your email is unsuccessful, no further attempts will be made.
- It is your responsibility to ensure that your profile(s) specify a valid email address.
Limitations of Information Available Through Australian Business Register (ABR) Lookup
- We use the Australian Business Number (ABN) Lookup service (‘the ABN service’) to identify and monitor certain information about Australian Businesses. Neither the Registrar of the Australian Business Registry (ABR) nor the Federal Government guarantee that the information available through the ABN service (including search results) is accurate, up to date or complete. This is because the official ABR is based on information supplied by businesses to the Registrar of the ABR. That information may have changed since it was supplied by the business and was included in the ABR, despite requirements on entities to formally notify the Registrar of any changes.
- In addition, while the ABN lookup service makes reasonable efforts to regularly update the information available t the ABN service from the official ABR, the information available through this service may not be as current as the information in the official ABR.
- Furthermore, the fact that an entity is listed in the ABR is not a warranty of the commercial viability or continuing existence of the entity, nor is it a warranty that any apparent use by an entity of its ABN is in fact properly authorised by the entity.
- ABN Lookup receives updates from the Australian Business Register (ABR) every hour. However, the information provided from the ABR is dependent on the business entities updating their details when they change. Therefore we are unable to guarantee the information that is provided on the ABN Lookup website is accurate, up to date or complete
- ABN details can be suppressed from public view if the business owner or their family is endangered if the details are publicly accessible. If a request for suppression is successful, the legal name; trading name; business name; entity type; and postcode will be unavailable to public view. Our service cannot monitor ‘non-public’ information related to suppressed ABNs. If the ABR Lookup service inadvertently or accidently publishes ‘non-public’ information related to a suppressed ABN and we also publish this information as a result of relying on the ABR lookup service, we accept no liability for any loss whatsoever including consequential loss suffered by any person arising from such publication of ‘non-public’ information.
- An ABN with a status of ‘cancelled’ means that the ABN has been deactivated and is no longer current. An ABN that your are monitoring may become cancelled, in which case it may still appear on your watchlist but will not have ABR events monitored.
- When you subscribe to our alert services, you agree to use this service for your own internal business use only and for the purpose that we supply them for. You agree that you will not re-sell, re-package or otherwise reuse our alert services in any way.
- If we deliver alerts to you electronically or via SMS, you can save them onto your system, or print them for your file, but you agree that you will not reproduce, modify, adapt, re-sell, or otherwise reuse our alert service in any other way.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
- The copyright to all content on this website including information compiled by us to supply services to you, reports we supply you, applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- We have developed information technology, software and documentation that we may use to provide the services you, and we have copyright in those items. You agree that you will not copy them, modify them, adapt them, reverse engineer them or infect them with viruses.
- Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
Statutory Guarantees and Warranties to Consumers
- Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Those statutory guarantees, are also given by us to you if you are a consumer.
- If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:-
- We will repair or replace the goods or any part of them that is defective; or
- Provide again or rectify any services or part of them that are defective; or
- Wholly or partly recompense you if they are defective.
- As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act.
Limitation of Liability
- If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
- We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.
- We do not participate in any way in the transactions between our users.
- You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arises out of or relates to your use of our services including, but not limited to, disputes, complaints, investigations or litigation.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- These terms and conditions are to be governed by and construed in accordance with the laws of the Australian Capital Territory (ACT) and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the ACT and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- You agree to comply with the Privacy Act 1988 (Cth) and all other laws that apply to the information we provide to you and your use of our information services.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- If any term of this agreement is unlawful and unenforceable, it will be severed from this agreement and the rest of the agreement remains in force.
- You agree you will not transfer your rights or obligations under this agreement to any person without first obtaining written consent from us.
- Once payment is confirmed you will receive an email with your watchlister log in details and a reciept of your purchase/subscription to watchister.
- Watchlister does not offer refunds or returns. You may cancel your subscription at any time without incurring termination fees.
- All subscriptions are billed monthly in advance. Your billing cycle commences on the day you successfully register your account. If you cancel mid-way through your billing cycle you will not be refunded for the remainder of the month in which you cancel, and will not incur further charges. Your account will expire on the last day of your billing cycle.