License Terms

Background

These Terms and Conditions of Use as amended from time to time (the “Terms of Use”) constitute an agreement between the End User and Financial Crimes Consulting Pty Ltd (ABN: 49 149 878 875) trading as Arctic Intelligence of Level 4 (Stone & Chalk), 11 York Street, Sydney, NSW 2000 Australia (“FCC”) with respect to the use of the Product by the End User.

By clicking the “I accept” button or otherwise accessing the Sites, you agree that you have read, understood and agree to be bound by the terms outlined in these Terms of Use.

  1. Definitions

  • In these Terms of Use, unless the context otherwise requires:

AML Accelerate means the online money laundering risk assessment and program manual product, and all associated websites, products and services.

AML/CTF means Anti-Money Laundering/Counter Terrorism Financing.

AML/CTF Act means theAustralian Anti-Money Laundering and Counter- Terrorism Financing Act 2006(Cth).

Confidential Information means any information communicated by either party to the other party in the context of their business relationship (whether documented now or in the future or otherwise) and includes:

  1. any information relating to an identified or identifiable individual (including, without limitation, name, postal address, telephone number, date of birth, government identity card number, driver’s license number, or any other unique identifier or one or more factors specific to the individual’s physical, physiological, mental, economic or social identity, and whether confidential customer data or otherwise) provided by either party to the other (“Personal Information”);
  2. proprietary or trade secret information, including, without limitation, the identity of FCC’s data sources and vendors, and similar information which is clearly labelled r designated in writing as confidential by the disclosing party;
  3. information regarding use of products or services pursuant to any agreements between the parties; and
  4. the provisions of any agreements between the parties,

however, except with respect to Personal Information, does not include information that is generally known to the public, information received in good faith from a third party not subject to a confidential obligation to the source, or information that was independently developed by the recipient without the developing persons having access to the Confidential Information.

Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of revenue, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain, lost opportunities, including opportunities to enter into arrangements with third parties, loss of use, loss of or damage to data, cost of capital or costs of substitute goods, facilities or services.

End User or you means, as the context requires, any organisation that uses the Product or any individual that uses the Product in their personal capacity.

EzyKYC means the online KYC remediation product, and all associated websites, products and services.

FCC has the meaning given in the Background.

Fees means any fees, expenses or other sums payable to FCC by the End User for access and use of the Products (as applicable).

Health Check means the health check product, and all associated websites, products and services.

Insolvency Event means in relation to a body corporate, a liquidation or winding up, the appointment of a controller, administrator, receiver, manager or similar insolvency administrator to a party or any substantial part of its assets or the entering into a scheme or arrangement with creditors, or in relation to an individual, becoming bankrupt or entering into a scheme or arrangement with creditors or, in relation to a body corporate or an individual, the occurrence of any event that has a substantially similar effect to any of the above events.

Intellectual Property means all intellectual property held by FCC and all associated Intellectual Property Rights.

Intellectual Property Rights means all present and future intellectual, industrial or proprietary rights conferred by statute, at common law or in equity anywhere in the world, whether issued or pending, registered or unregistered, including all forms of copyright, patents, trademarks, designs, trade secrets, know-how, confidential information and circuit layouts with respect to, or in connection with, the Intellectual Property.

Login Details means the user name, password and other login details used by the End User or any User from time to time for the purpose of accessing the Product(s).

Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and whether direct loss or Consequential Loss.

Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed, more particularly as conferred by the Copyright Act 1968(Cth), and rights of a similar nature anywhere in the world whether existing presently or which may in the future come into existence.

Permitted Purpose means the evaluation of the internal business of the End User or as otherwise agreed by FCC from time to time in writing.

Product means, as the context requires, any of the products and services accessible from the Website, including but not limited to the following products and services:

  1. Health Check;
  2. Risk Assessment
  3. AML Accelerate; and
  4. ezyKYC

Product Trial means a trial of the Product(s).

Risk Assessment means the risk assessment product, and all associated websites, products and services.

Trial Period has the meaning given in clause 4(a).

User means the End User and, if applicable, the employees, officers, agents and independent contractors of the End User that use the Product(s).

Website means www.arctic-intelligence.com.

  • In these Terms of Use, headings are inserted for convenience only and do not affect the interpretation of these Terms of Use and unless the context otherwise requires:
    1. the singular includes the plural and vice versa;
    2. a gender includes the other gender;
    3. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
    4. the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions;
    5. a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    6. a party includes the party’s successors and permitted transferees and assigns and if a party is an individual, includes executors and personal legal representatives;
    7. a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trust, an association (whether incorporated or not) and a Government Authority;
    8. a reference to a group of persons or things is a reference to any two or more of them jointly and to each of them separately;
    9. an agreement, representation, warranty or indemnity by two or more persons binds them jointly and each of them separately;
    10. an agreement, representation, warranty or indemnity in favour of two or more persons is for the benefit of them jointly and each of them separately;
    11. no provision of these Terms of Use will be construed to the disadvantage of a party merely because that party was responsible for the preparation of these Terms of Use or the inclusion of the provision in these Terms of Use;
    12. all monetary amounts are in Australian dollars, unless otherwise stated and a reference to payment means payment in Australian dollars;
    13. if the day on or by which something must be done is not a Business Day, that thing must be done on the next Business Day;
    14. a period of time dating from a given day or the day of a given act or event is to be calculated exclusive of that day;
    15. a reference in these Terms of Use to a person’s knowledge, awareness or any similar phrase is deemed to be a reference to the actual knowledge and awareness of that person after conducting a reasonably comprehensive investigation.

Product Trial terms

  • Terms of use

The End User must comply, and must procure that each other User complies, with these Terms of Use during a Product Trial.  The End User acknowledges and agrees that it is responsible for each User’s acts and omissions and their compliance with these terms and conditions when they use the relevant Product(s) during the Product Trial.

 

  • Trial Period
    • The Product Trial is permitted for a total of 30 days, commencing from the date upon which we first make the relevant Product(s) available to you (the “Trial Period”) or such other extended period as expressly confirmed in writing by FCC.
    • The Product Trial will cease at the expiry of the Trial Period, unless terminated earlier in accordance with these Terms of Use.
    • On the cessation of the Product Trial in accordance with clause 4(b), the End User’s access to the Product(s) will be terminated unless the End User purchases the Product(s).
    • FCC will not charge the End User any Fees for the Product Trial.
  • Use of Product(s) during a Product Trial
    • Each User may access or download and install the Product(s), as applicable, for the Permitted Purpose only during the Trial Period. Any use of the Product(s) for any other purpose, including using the Product(s) for operational, risk management or compliance purposes or for the purposes of gathering competitive intelligence on behalf of any person or entity which provides a service that is competitive to the Product(s) or the business of FCC is not permitted.
    • Each User may store items of information accessed in connection with the Product(s) (“Information”) during the Trial Period only. Each User may distribute limited extracts of Information to other Users only. Any further storage or redistribution of information is not permitted. No User may use, modify or create derived data of the Information for any purpose. You will ensure that all stored Information is deleted when the Trial Period ends.
  • Acknowledgments

The End User acknowledges and agrees that:

  • the Product Trial is for evaluation of the Product(s) only;
  • during the Product Trial, the End User only has access to limited features of the Product(s) as determined by FCC from time to time; and
  • any rights or obligations obtained or incurred by the End User in connection with the Product Trial, or use of the Product(s) during the Product Trial, must not be assigned or transferred to anyone else.
  • Liability

To the maximum extent permitted by law, FCC is not liable for any Loss suffered by the End User, however caused, and in respect of any claim against the End User, however caused, in connection with the use of the Product(s) by the End User during the Product Trial.

 

General Terms

  • Terms of Use
    • These Terms of Use will govern your use of the Website and the Product(s).
    • Each User acknowledges and agrees that clicking “Free Trial”, “Register” or “Sign In” signifies that you have read, understood, and agreed to these Terms of Use. If you do not agree, do not click on the “Free Trial”, “Register” or “Sign In” buttons.
    • End Users must also comply with, or procure that the Users comply with, any additional terms which apply to third-party content, material, information, software or other services.
    • FCC may at any time acting in its sole discretion update, change, add or remove part or any part of these Terms of Use by posting amended terms and conditions (“Amended T&Cs”) on the Website. FCC agrees to inform the End User by notice in accordance with clause 24(a)if any variation to these Terms of Use materially affects the End User’s rights.  If you do not agree to be bound by the Amended T&Cs, you may terminate these Terms of Use in accordance with clause 21.
    • For the avoidance of doubt, all new content, products or services offered by FCC (“New Products”) are deemed to be a Product for the purposes of these Terms of Use and the End Users use of such New Products will be governed by the terms and conditions of these Terms of Use.
  • Fees
    • In consideration of the provision of the Product(s), the End User agrees to pay the Fees in accordance with the payment terms notified to the End User at the time of the purchase of the Product(s).
    • If the End User fails to pay any Fees or other amounts due to FCC under these Terms of Use then (without prejudice to FCC’s other rights):
      • FCC may charge the End User on all amounts overdue at an interest rate of 10%, which will accrue and be chargeable from the first day on which such amounts become overdue until FCC receives effective payment of all such amounts (including all interest); and
      • FCC may suspend the End User’s use of the Product(s).
    • Unless you notify FCC of any discrepancies in the Fees within 14 days after they are first reported to you, such Fees will be deemed accepted by End User for all purposes, including resolution of inquiries made by your card issuer. The End User releases FCC from all claims and Loss resulting from any error or discrepancy that is not reported to FCC within 14 days of its first appearance.
    • Arctic Intelligence reserves the right, at any time, to change its fees and billing methods, including the addition of supplementary fees or separate charges for content, or for services provided by FCC, effective immediately upon FCC providing notice of the change in accordance with these Terms of Use. If any such change is unacceptable to the End User, the End User may terminate these Terms of Use and cease using the Product(s). Your continued use of the Product(s) following the effective date of a change to such fees and billing methods shall constitute your acceptance of such change.
  • Sub-contractors

FCC may sub-contract the performance of any of its obligations or the exercise of any of its rights under these Terms of Use (including any Product development or the provision of any support to the End User) to any person without the consent of the End User and on such terms and conditions as FCC deems fit from time to time. FCC requires its subcontractors to comply with its information security policies and procedures.

  • Login Details
    • FCC may provide the End User with Login Details from time to time.
    • The End User must:
      • ensure all Login Details are kept confidential and secure;
      • must procure that only the relevant User to use to which the Login Details uses the Login Details; and
      • notify FCC immediately if the End User has any grounds to believe that the Login Details may have been disclosed to or accessed by any person not authorised to have access to the Login Details.
    • The End User agrees that FCC may change, amend, cancel or disable the Login Details at any time and for any reason FCC considers appropriate.
  • Acknowledgments

The End User acknowledges and agrees that:

  • FCC retains the sole discretion regarding the features, functions and other benefits of the Product(s) and may at any time vary, modify or suspend the features, functions and other benefits available in respect of the Product(s);
  • all content created by or in connection with the Product(s) (“Content”) is provided to simplify the law for ease of comprehension of the End User only and does not constitute professional advice or recommendations;
  • FCC retains the sole discretion regarding the Content which will be made available through the Product(s) and the format in which such Content will be made available;
  • FCC may at any time vary, modify or remove any Content;
  • the Product(s), and all Content, must only be used by the End User for the Permitted Purpose and must not be commercially exploited by the End User;
  • errors or omissions can occur in the Content as a consequence of ongoing changes to compliance obligations and failure by the User to provide all relevant information;
  • links to other web sites are provided for the User’s convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service;
  • the Content is provided for general information purposes only before any action or decision is taken on the basis of any Content, the End User should obtain appropriate independent professional advice;
  • FCC accepts no responsibility and provides no warranties with respect to, or in connection with, the Content;
  • its use of the Content is at its own risk;
  • FCC is not liable for any Loss incurred by the End User arising from, or in connection with, the use of the Content;
  • unless agreed by the parties in writing, FCC does not have any obligations to provide any services to the End User with respect to, and in connection with, the Product(s) and Content including (without limitation) development or customisation services, technical support, training or maintenance services;
  • the Content, and all other information generated by or contained in the Product(s), is intended to provide a general overview of such matters and does not constitute statements of fact or amount to any legal or other professional advice. It is not intended to be replace the application, or compliance with, AML/CTF legislation, rules or guidance or obtaining independent legal advice on these matters;
  • the Product(s) do not constitute nor should it be relied on as legal or other professional advice or opinions and FCC accepts no liability for any Loss suffered as a result of reliance on the information contained within the Product(s);
  • FCC recommends that the End User obtains independent professional advice in relation to their AML/CTF compliance obligations;
  • other than as expressly required under these Terms of Use, FCC will not have obligations to store or make available to the End User any information or data regarding the End User’s access to or use of the Product(s) or Content;
  • it must not use any automated system for the selection or downloading of Content;
  • must not attempt to or actually disrupt, impair or interfere with, alter or modify the Website, Product(s) or Content or any information, data or materials posted and/or displayed by FCC in connection with the Product(s);
  • must not act in a way that affects or reflects negatively on FCC, the Product(s) or the Content; and
  • must not collect or attempt to collect any information from others in connection with or through the Product(s), including, without limitation, personally identifiable information, without such party’s prior consent.
  • System Requirements

Use of the Site may require additional computer hardware, Internet access and certain software any or all of which may require the End User to make additional expenditures or pay fees. As use of the Site involves hardware, software, and Internet access, End Users ability to use the Product(s) may be affected by the performance of these factors. The End User acknowledges and agrees that system requirements may be changed from time to time and it is the responsibility of the End User to ensure that any changes necessary to enable the Site to operate effectively and efficiently are made.

  • Intellectual Property

The End User acknowledges and agrees that:

  • FCC and its service providers own (or has exclusive rights to use) all Intellectual Property Rights subsisting in the Product(s) (including, but not limited to, any amendments, improvements, developments, upgrades modifications or updates resulting from the End Users use of the Product(s) (New IP));
  • if the End User develops any New IP, all right, title and interest in any Intellectual Property Rights subsisting in that New IP will automatically assign to FCC;
  • the End User will do all acts, matters and things required by FCC to give effect to clause 15(b);
  • to the extent any Intellectual Property was owned by, vested in or acquired by any employees or contractors of the End User, any such employees or contractors have assigned all right, title and interest in such Intellectual Property to the End Userupon its creation;
  • it has obtained from each of the employees and contractors, a consent for it to act in any way which may otherwise infringe such employee’s or contractor’s Moral Rights in the Intellectual Property; and
  • it will procure each such employee and contractor to execute further documentation as may be required by FCC to perfect the consents and undertakings that the End Userhas given to FCC regarding such employee’s and contractor’s Moral Rights in the Intellectual Property.
  • Technological And Use Limitations
    • FCC will take what it believes to be reasonably commercial efforts to keep the Website and Product(s) operational.
    • The End User acknowledges that:
      • certain technical difficulties, routine site maintenance and upgrades and other events outside the control of FCC may, from time to time, result in temporary service interruptions and prevent usage of the Website and/or Product(s);
      • FCC also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Website or Products with or without notice and FCC is not liable to the End User or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Product(s); and
      • while FCC operates the Websites and Product(s) from secure data centres with 24/7 backup facilities, access cannot be guaranteed.
    • Disclaimer of Warranties
      • To the extent permitted by law, other than to the extent expressly set out in these Terms of Use, FCC makes no representations or warranties either express or implied, regarding the Product(s) or any of the information stored on or accessible from the Product(s).
      • Without limiting clause 17(a), FCC does not provide any representations or warranties:
        • in relation to the quality, merchantability, performance or fitness for a particular purpose of the Product(s);
        • that the Product(s) will be complete, accurate, up to date or error free;
        • that the Product(s) will meet the End Users requirements or achieve a particular outcome or result;
        • that the Product(s) or any of its functions are suitable for any particular purpose or have any performance, functionality or security features;
        • that the End User’s use of the Product(s) will be uninterrupted or error-free or that any errors or defects in the Product(s) will be corrected;
        • that the use of the Product(s) or Website will be free from viruses, malicious code, or other harmful components or otherwise secure;
        • that the Product(s) or any of the information stored on or accessible from the Product(s) will be compatible with any other computer software, computer hardware or other technology; or
        • regarding the interoperability, compatibility or coexistence of the Product(s) with the End User’s operating system or particular network environment or hardware.
      • Limitation of liability
        • Without prejudice to clauses 18(c)to 18(e)and subject to clause 7, to the maximum extent permitted by law, the maximum aggregate liability of FCC for any Loss suffered by an End User, however caused, and in respect of any claim, however caused, against the End User in connection with the use or purchase of Product(s) by the End User is limited to the total amount of fees paid by the End User to the FCC for the relevant Product(s) during the 12 month period prior to the events giving rise to the relevant Loss or claim first arising.
        • The limitation of liability in clause 18(a)above applies whether a claim is in contract, tort (including without limitation, negligence) equity or otherwise and even if FCC has been notified of the possibility of such Loss or damage and the End User agrees that the FCC’s liability, if any, to the End User at law will be reduced by the extent, if any, to which the End User contributed to the Loss.
        • FCC is not responsible for any Loss or claim that arises in connection with:
          • the End User failing to use the Product(s) in accordance with these Terms of Use;
          • the failure of any equipment or software including any browser or server software operated by a third party;
          • a computer virus entering the End User’s system as a result of the Product(s); or
          • any damage to equipment, hardware, programs or data, whether stored or used with the Product(s) or otherwise, including the costs of repairing such equipment or hardware and the costs of recovering such programs or data.
        • FCC is not liable for any Consequential Loss (however caused) suffered or incurred by the End User in connection with these Terms of Use or the use of the Product(s). This clause applies even if FCC knew or ought to have known that the relevant Consequential Loss would be suffered or incurred by the End User.
        • FCC will not be liable for any loss, or failure to provide the Product(s), which is caused by an unexpected delay or which arises as a result of FCC relying on any false, misleading or incomplete information or for any indirect or Consequential Loss.
        • To the extent permitted by law, all claims arising under or in connection with these Terms of Use must be commenced within six months of the relevant events giving rise to the claim first occurring and all claims not commenced within such period are absolutely and forever barred.
      • Indemnity
        • The End User must indemnify FCC and each of its directors, officers, employees, agents, contractors and related bodies corporate (“Indemnified Parties”), and keep each of them indemnified, against any Claim made against an Indemnified Party or Loss suffered or incurred by an Indemnified Party which arises from or in respect of:
          • any breach by the End User (or, if applicable, a sub-licensee) or any of the other Users of these Terms of Use; or
          • any breach of law by the End User (or, if applicable, a sub-licensee) or any of the other Users including, but not limited to, breach of any applicable provisions of the AML/CTF Act;
          • any negligent, or wilful acts or omission, theft, misconduct, dishonesty or fraud committed by the End User (including its officers, directors, employees, agents, representatives, delegates or contractors, or any sub-licensee).
        • Clause 19(a)above survives the expiry or termination of these Terms of Use.
      • Suspension

FCC may immediately terminate the End User’s access to the Product(s) if the End User (or any associated User) is in breach of these Terms of Use.

  • Termination
    • FCC or the End User may, without prior notice to the other, terminate these Terms of Use on a without cause basis at any time by providing written notice (“Termination Notice”) to the other party.
    • FCC may also terminate these Terms of Use effective immediately on providing written notice of termination to the End User:
      • if the End User is in breach of these Terms of Use; or
      • if an Insolvency Event occurs in relation to the End User.
    • Termination is effective when:
      • if FCC elects to terminate these Term of Use in accordance with clause 21(a), the Termination Notice is sent by FCC; or
      • if the End User elects to terminate these Terms of Use in accordance with clause 21(a), the Termination Notice is acknowledged in writing by FCC.
    • On termination of these Terms of Use in accordance with this clause 21, the use of the Product(s) by the End User (and, if applicable, any Users) must immediately cease.
    • Termination of this agreement does not relieve the End User of any obligations to pay any outstanding amounts or Fees to FCC due under these Terms of Use, including but not limited to any prorated charges accrued for a billing cycle in which this agreement is terminated.
    • The End User acknowledges and agrees that it cannot make any claim against the FCC for any loss or damage suffered by the End User as a result any action taken by FCC pursuant to this clause 21.
  • Confidentiality
    • Each party agrees that it will:
      • not disclose, nor permit any person to disclose, to any other person or entity any Confidential Information except to those of its directors, officers or employees with a strict need to know as part of their official duties or as may be required by law;
      • protect the other party’s Confidential Information with the same degree of care it uses to safeguard its own information of a similar character, provided that such degree of care shall not be less than a reasonable degree of care;
      • advise any directors, officers or employees who receive the Confidential Information of the obligation of confidentiality hereunder and procure that they comply with the terms of this clause 22;
      • implement appropriate administrative, physical, technical and organisational measures, policies and procedures to protect Confidential Information against accidental or unlawful destruction or accidental loss, unauthorised alteration, disclosure or access, and other unlawful forms of processing;
      • take commercially reasonable measures to prevent unauthorised access to, or use of, such Confidential Information or data received from the other party, whether the same is in electronic form or hard copy, by any person or entity;
      • maintain and enforce secure data destruction procedures to protect the security and confidentiality of all information obtained through Confidential Information as it is being disposed;
      • immediately notify the other party in writing if it suspects, has reason to believe or confirms that any Confidential Information is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorised manner or by any unauthorised person, or for any purpose other than legitimate business reasons; and
      • comply with all applicable privacy and data protection laws, which may apply to the storage or transmission of any Confidential Information.
    • Without limiting clause 23(a), the End User acknowledges and agrees that all commercial and technical, non-public information received about the Product(s) and Information is confidential to FCC and it must, and will procure that all Users and any other officers, employees, agents and independent contractors must:
      • maintain it as such, using policies, procedures and technology at least as protective as you use to protect your own similar information (but in all cases at least commercially reasonable efforts);
      • not disclose such information to any third party without the prior written consent of FCC; and
      • not use the Information for any purposes other than to evaluate the Product(s).
    • This clause 22survives the expiry or termination of these Terms of Use.
  • Privacy
    • To the extent that FCC collects and stores Personal Information of an End User or User, it agrees to comply with the Privacy Act 1988 (Cth). A copy of FCC’s privacy policy can be found at the following websitearctic-intelligence.com/privacy-policy.
    • To the extent that the Product(s) include any Information that, alone or in combination with other information, can be used to identify, locate or contact an individual (“Personal Data”), the End User agrees that it must:
      • respond promptly and properly to any enquiry from FCC relating to the processing of the Personal Data and will cooperate in good faith with FCC and any data protection authority concerning all such enquiries within a reasonable time;
      • implement and maintain appropriate technical and organisational measures to protect the Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and such measures provide a level of security appropriate to the risk represented by the processing and the nature of that Personal Data;
      • process that Personal Data in accordance with applicable data protection and privacy laws and regulations binding on you; and
      • promptly notify FCC in the event of a dispute or claim brought by an individual or data protection authority against you concerning the processing of Personal Data.
    • Acceptable Use

You agree not to misuse or abuse our Site. Under these terms, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it’s something that is not forbidden by the letter of the terms.

  • We won’t allow any disruption caused by:
    • Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services.
    • Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data
    • Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data
    • Deciphering any transmissions to or from the servers running the services
    • Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:
  • Using “robots,” “spiders,” “offline readers,” or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser
  • Going far beyond the use parameters for any given service as described in its corresponding documentation
  • Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that’s unrelated to the purposes for which the services were designed
    • We won’t allow wrongful activities:
      • Misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with FCC or any third party)
      • Using the services to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our services
      • Using our services to stalk, harass, or post direct, specific threats of violence against others
      • Using the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws)
    • We won’t allow inappropriate communications:
      • Using the services to generate or send unsolicited communications, advertising, chain letters, or spam
      • Soliciting our users for commercial purposes, unless expressly permitted by FCC
      • Disparaging FCC or our partners, vendors, or affiliates
      • Promoting or advertising products or services other than your own without appropriate authorisation
    • We won’t allow the posting, uploading, sharing, submitting of inappropriate content that:
      • Infringes FCC’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right
      • You don’t have the right to submit
      • Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful
      • Encourages illegal or tortious conduct or that is otherwise inappropriate
      • Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition
      • Contains viruses, bots, worms, scripting exploits, or other similar materials
      • Is intended to be inflammatory
      • Could otherwise cause damage to FCC or any third party
    • Under these terms, “content” means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data you provide to FCC or use with the Site.
    • Without affecting any other remedies available to us, FCC may permanently or temporarily terminate or suspend your account or access to the Site without notice or liability if FCC (in its sole discretion) determines that a user has violated these terms.
  • General
    • Any notices in relation to these Terms of Use must be served to the parties at either of the following email addresses:

FCC: [email protected]

End User: the email specified by the End User to FCC during the registration process.

  • Nothing in these Terms of Use constitutes the parties as partners or joint venturers or constitutes any party as the agent of another party or gives rise to any other form of fiduciary relationship between the parties.
  • A party may not assign or otherwise deal with any of its rights or obligations under these Terms of Use without the prior written consent of the other.
  • If any provision of these Terms of Use is invalid or not enforceable in accordance with its terms in any jurisdiction, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of that provision in any other jurisdiction.
  • A failure by either party to exercise or enforce any rights available to that party or the giving of any forbearance, delay or indulgence is not to be construed as a waiver of that party’s rights under these Terms of Use.
  • These Terms of Use may not be varied (otherwise than in accordance with these Terms of Use) without the prior written consent of the parties.
  • These Terms of Use contains the entire agreement between the parties and there are no other representations, promises or conditions.

These Terms of Use will be construed and interpreted in accordance with the laws of the State of New South Wales and each party submits to the non-exclusive jurisdiction of courts of that jurisdiction.