B2G channel terms of use

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 www.afsa.gov.au/privacy, or you can request a copy from AFSA.
  2. Access to and use of the PPSR B2G Interface is subject to you complying with the current version (as notified to you) of:
    1. these PPSR B2G Access Terms and Conditions;
    2. the PPSR General Conditions of Use;
    3. the PPSR Account Customer Terms and Conditions;

      and as relevant to your access to and use of the PPSR and PPSR Information:

    4. the AFSA Credit Application - Terms and Conditions; and
    5. all terms and condition relating to third party services, data, information or material, or other features or functionality you may access or use as part of or as an adjunct to, or via, or in conjunction with the PPSR.

Pre-conditions to B2G access

  1. To be able to access and use the PPSR and PPSR Information via the PPSR B2G Interface you must have:
    1. an operational Customer Account;
    2. ensure your B2G Customer System meets all requirements we have advised to you;
    3. thoroughly tested, including for compliance with requirements advised by us, your B2G Customer System:
      1. within your own environment; and
      2. with the Testing Environment, and have established that your B2G Customer System complies with all B2G Customer System technical and other standards and requirements and guidelines advised by us (without limitation, including implementation of all relevant approved forms and notices required by the Act);
    4. an appropriate process within your B2G Customer System that properly authenticates each User's access to the PPSR and maintains sufficient records of each User's use of the PPSR so as to allow us to audit your compliance with these PPSR B2G Access Terms and Conditions;
    5. notified us of all relevant B2G Account Customer Locations (including all relevant IP addresses that will be used by you in

      respect to your access to and use of the PPSR B2G Interface); and

    6. met all other requirements we may advise you of to enable you to access and use the PPSR and PPSR Information via the PPSR B2G Interface.

Use

  1. You must ensure that all your Users are aware of and comply with these PPSR B2G Access Terms and Conditions.
  2. You must not allow any person to use your B2G Customer System to access the PPSR B2G Interface other than your authorised internal Users.
  3. You must ensure that your B2G Customer System or your use of your B2G Customer System does not modify or misuse the PPSR or PPSR B2G Interface functionality in any way.
  4. Any data used by you in the Testing Environment should be fictional test data only and not include details of real people or real transactions. Data entered by you in the Test Environment may be accessed, used, modified or deleted at any time by us or other users.

Cancellation

  1. We will promptly cancel your B2G Access if you notify us to do so. We will advise you once cancellation has been effected.

Suspension and Termination

  1. We may suspend your B2G Access, or any or all associated User Accounts, at any time with or without notice for any reason we think fit.
  2. We may terminate your B2G Access at any time with or without notice where:
    1. we know or reasonably suspect that:
      • you have breached these PPSR B2G Access Terms and Conditions;
      • you have not fully and properly identified yourself or any relevant User to us; or
      • you have provided us with false, untrue, incomplete or misleading information.

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, 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 B2G Access, or the lawful exercise of our rights pursuant to these PPSR B2G Access Terms and Conditions.

Priority

  1. To the extent of any inconsistency between a provision in this document and any other provision forming part of the PPSR B2G Access Terms and Conditions, the provision in this document will prevail.

Definitions

  1. In these Conditions of Use, unless the context implies a contrary intention, the following terms have the meaning set out below:
    • Account Customer means a person who holds a Customer Account.
    • Act means the Personal Property Securities Act 2009 (Cth).
    • B2G Access mean access to and use of the PPSR and PPSR Information via the PPSR B2G Interface.
    • B2G Account Customer means an Account Customer who is currently authorised to access and use the PPSR and PPSR Information via the PPSR B2G Interface.
    • B2G Customer Location means a single contiguous IP address range as specified by the B2G Account Customer (noting that for each B2G Account Customer there can be multiple locations defined and each location can have multiple user accounts established).
    • B2G Customer System means systems and facilities that you use to connect to and interact with the PPSR B2G Interface.
    • Customer Account means your master account on the PPSR which is used to manage and control access to and use of the PPSR (other than through B2G access) by you and your Users.
    • PPSR means the Personal Property Securities Register established under section 147 of the Act and associated data, information, material, applications, systems, functionality, infrastructure, websites (including third party systems and information provided as an adjunct to, or via, or in conjunction with the Personal Property Securities Register) or other things designated by is to form part of the PPSR.
    • PPSR B2G Interface means the technical interface we make available to allow B2G Account Customers to connect to and interact with the PPSR in accordance with these PPSR B2G Access Terms and Conditions and, as relevant, includes the Test Environment.
    • Registrar means the Registrar of Personal Property Securities under the Act acting directly or by way of any relevant delegate.
    • Testing Environment means any system or facility we make available to you for testing purposes.
    • User means each person who has B2G Access in respect to a B2G Account Customer.
    • User Account means the account of each individual User you have authorised to use the PPSR in conjunction with your Customer Account.
    • we and us means the Registrar.
    • you means the relevant B2G Account Customer, and, as the context admits, each relevant User.