Web Services AgreementVersion: 9.9.7

Please read the terms and conditions below. Use the buttons at the bottom of the page to agree and continue to the registration page or to cancel.

Licence

1. We grant you, during the term of this agreement and subject to these terms and conditions, a non-exclusive non-transferable licence to access and use the ABN Lookup Web Services.

Use of ABN Lookup Web Services

1. You may, at your own risk, provide relevant extracts of the ABN Lookup Web Services to third parties.
2. You must not misrepresent your rights under this agreement or use the ABN Lookup Web Services in any way that is or may be false, misleading or deceptive.
3. You must not represent or imply, or allow any associated person to represent or imply, that the Commonwealth endorses, approves, or is affiliated in any way with you or any use you may make of the ABN Lookup Web Services or any of your products or services.
4. You acknowledge that details that form part of the ABN Lookup Web Services may subsequently be withdrawn from the ABN Lookup database (for example to protect the privacy of an individual). If we notify you that specific information has been withdrawn you must immediately take all reasonable action to delete all copies of that information in your possession or control.
5. You are responsible for ensuring that your contact details provided to us remain accurate and up to date. This includes promptly notifying us of any changes to your email, postal address, or other relevant contact information to ensure continued communication regarding the ABN Lookup Web Services.

ABN Lookup Web Services

1. The ABN Lookup Web Services has been implemented in a technical environment designed to provide high availability and be reasonably fault tolerant. However, as with any technical system, the ABN Lookup Web Services may not always work as described and may be subject to interruption or breakdown for a wide variety of reasons. You acknowledge and agree that your use of the ABN Lookup Web Services is on an 'as is, as available' basis only.
2. We may alter or, where there is reasonable cause, suspend the ABN Lookup Web Services at any time.

Termination

1. You may terminate this agreement at anytime.
2. Access to and use of the ABN Lookup Web Services by you or any of your users may be suspended if we feel it is necessary to protect our interests or those of any other person while we are investigating any breach of security or possible breach of this agreement or while any such breach is being rectified by you.
3. We may also terminate this agreement for our own reasons and without fault on your part providing we give you not less than 30 days prior written notice.

Disclaimer and limitation of liability

1. To the extent permitted by law:
   1. the ABN Lookup Web Services is provided "as is" and without warranties of any kind, either expressed or implied,
   2. we expressly disclaim all representations and warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose,
   3. we do not represent or warrant that your access to or use of the ABN Lookup Web Services will be uninterrupted or error-free, that any defects will be corrected or that the ABN Lookup Web Services or the server which stores and transmits the ABN Lookup Web Services to you are free of viruses or any other harmful components,
   4. we do not warrant or make any representation that the ABN Lookup Web Services is correct, accurate, up to date, complete, reliable or is not subject to errors or malfunctions of any kind, and
   5. you (and not us) assume the entire risk for any use you make of the ABN Lookup Web Services.
2. To the extent permitted by law, we have no liability to you in respect of any loss or damage that you might suffer that is directly or indirectly related to the ABN Lookup Web Services, no matter how arising (including as a result of negligence).
3. Under no circumstances (including but not limited to any act or omission by us) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the ABN Lookup Web Services.
4. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded limited at our option to any of the following:
   1. in the case of services supplied or offered by us,(i) the supply of the services again, or (ii) the payment of the cost of having services supplied again; and
   2. in the case of goods supplied or offered by us, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired.

Indemnity

1. You indemnify us against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we (or our personnel) may incur to any third party arising out of your use (including unauthorised use) of or access to the ABN Lookup Web Services, or the lawful exercise of our rights pursuant to this agreement.

Notice

1. We may send notices to you by delivering them to your client contact at the email, fax, postal or business address you have nominated.
2. You may send notices to us by delivering them to the email, fax, postal or business address specified as the address for notices on the Web Services Application at the time you send the notice.
3. Without prejudice of any other way to establish delivery has occurred, delivery will be deemed to have occurred when:
   1. an email has been received into the relevant electronic mail box, whether the message has been read or not; and
   2. a facsimile transmission has been confirmed as successful by a relevant confirmation report issued by the sending fax machine.
   3. This agreement is governed and will be construed according to the laws of the Australian Capital Territory.

Definitions

1. In this agreement, unless the context indicates otherwise, any term defined below has the meaning so defined.
   1. ABN Lookup Web Services means the website located at:
      1. https://abr.business.gov.au/abrxmlsearch
      2. https://abr.business.gov.au/abrxmlsearchRPC
      or such other location as we may notify to you from time to time.