Thursday, May 25, 2017

Website Use

WEBSITE USE

Before you register

Before you can register for our services, you must read, accept and agree to be legally bound by our Terms and Conditions (‘Terms’) relating to the services portal (‘the Site’).

By registering for, accessing or using the Site, you acknowledge that you have read, accepted and agree to be legally bound by these Terms, as updated from time to time.

These Terms explain our obligations and your obligations in any dealings or transactions you have with us.

TERMINOLOGY

In these Terms:

  • ‘you’ and ‘your’ refers to each registered user of the Site and your organisation, if you are a representative of your organisation, and
  • ‘we’, ‘us’ and ‘our’ refers to AEDDR.

LEGALLY BINDING AGREEMENT

By accessing or using the Site, you acknowledge that you have read, accepted and agree to be legally bound by these Terms and any notices, protocols or guidelines appearing on or in connection with the Site, as amended from time to time. Any such notices, protocols or guidelines are hereby incorporated by reference as part of these Terms.

You acknowledge and agree that your access to, and use of, this Site is on an ‘as is, as available’, basis. AEDDR is in no way liable for your failure to access and otherwise use this Site.

These Terms explain our obligations to you, and your obligations to us, in any lodgements or transactions you make via this Site.

GUIDELINES ON USE OF SERVICES

AEDDR may from time to time issue more detailed protocols, guidelines or instructions for use of the Site or for use of specific areas of the Site (as may be updated from time to time). These protocols, guidelines or instructions form part of these Terms and are legally binding on you.

Specific guidelines on the use of AED Rego may be found in the AED Rego Terms and Conditions.



 

ACCEPTABLE USE

In accessing and using this Site, you agree:

  • that you may only use the Site strictly in accordance with these Terms, and all notices, protocols, guidelines and other instructions provided or advised to you by AEDDR from time to time;
  • to provide true and correct information to AEDDR in respect of any lodgement or transaction made via this Site;
  • not to falsely represent your authority to make a lodgement or transaction via this Site;
  • not to impersonate any person or falsely represent your association with any person or organisation;
  • not to provide false and misleading information in connection with this Site. You acknowledge that doing so may result in prosecution and civil or criminal penalties;
  • not to access or attempt to access information resources you are not authorised to use;
  • to ensure that any lodgement or transaction using your login and password for this Site will only be undertaken by you;
  • not to transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
  • not to interfere with the rights of others to use the Site;
  • not to use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity;
  • not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, including the use of automated tools;
  • that you are responsible for any damage to your computer, systems or software caused by your use of this Site, including by any virus (irrespective of the origin of the virus) arising from your use of the Site;
  • that you are responsible for accessing and reading notices and information provided by AEDDR in relation to the provision of services via this Site; and
  • that you will be deemed to have received email notices sent by AEDDR to your registered email address when such notices have been received by your email system.

LODGEMENTS OR TRANSACTIONS USING THE SITE

AEDDR’s generated records of the time of the lodgement or transaction are conclusive evidence of the time of lodgement or the transaction in the absence of proof to the contrary. The time of lodgement or the transaction is the time when the last relevant data byte is received by the AEDDR web server.

AEDDR will confirm that you have successfully undertaken a lodgement or transaction via the Site and will present you with a reference number on-screen. Where you do not receive any confirmation from the Site that you have undertaken a successful lodgement or transaction it is your responsibility to relodge or resubmit your transaction. AEDDR disclaims all and any liability arising from your failure to take such remedial action.

Where a payment made using the Site is ultimately declined by the user’s financial institution, the corresponding lodgement or transaction will be deemed to be unsuccessful by AEDDR irrespective of any earlier confirmation issued to you by AEDDR that the lodgement or transaction was successful. In such circumstances, AEDDR will endeavour to notify you that the lodgement or transaction was unsuccessful as soon as it is made aware by your financial institution that payment was declined. AEDDR disclaims any and all liability for unsuccessful lodgements or transactions arising from such declined payments.

Where a lodgement or transaction is verified as meeting the requisite requirements, AEDDR will send an official notification in accordance with its standard procedures.

OPERATION OF THE SITE

The Site has been implemented in a technical environment which is designed to provide high availability and to be reasonably fault tolerant. The target availability is 24 hours per day, 7 days per week other than during defined maintenance windows advised to you via the AEDDR website and official notices.

You acknowledge and agree that your use of this Site on an ‘as is, as available’ basis only and may not always be available during the specified operating hours.  AEDDR makes no representation and gives no warranty that the services provided via the Site will meet your requirements, be uninterrupted, timely or error-free.  AEDDR will attempt to inform you as soon as possible of any outage that might materially affect your normal use of the Site provided that AEDDR will not be liable for delay to transactions or disruption to your business or operations, or those of your organisation arising directly or indirectly from any such outage (whether or not the outage was notified to you by AEDDR in a timely manner or at all).

It is in your best interests to ensure that you have adequate contingency plans to protect the integrity of your business operations and those of your organisation and to ensure you and your organisation can proceed despite any disruption or delay occurring in respect of the Site.

AEDDR may alter, suspend or decommission this Site at any time without giving reasons. Where reasonably practicable, AEDDR will attempt to give 30 days prior notice of any such action but may give a shorter period of notice as it deems appropriate in its absolute discretion.

You must promptly notify AEDDR if you discover or suspect any error or malfunction in the Site. In such an event, you agree to promptly provide to AEDDR information and details regarding any error or malfunction of the Site to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including where relevant any details of your operating environment or that of your organisation).

ACCESS AND PASSWORD

When you register with AEDDR you provide a username and password that can later be used to log on to our secure facilities. This username and password is linked to your customer reference number and consequently allows you to access the Site. We ask you to provide three sets of questions and answers called shared secrets. These secrets provide an additional method of verifying your identity in case you forget your password or need other assistance.

Encryption together with your username and passwords ensures the confidentiality, integrity and authenticity of your electronic transactions. It is your responsibility to protect your password from disclosure to unauthorised individuals. Registered organisations should only allow authorised individuals access to the username, password, customer reference number and shared secrets. Do not distribute or publish, in any form, this information to unauthorised individuals.

You agree to:

  • be responsible for all activities that occur under your username and password;
  • maintain the confidentiality of your password and shared secrets;
  • change your password on a regular basis;
  • not save your password on the computer that you are using to access this Site;
  • change your password if it becomes known to unauthorised persons;
  • cancel your services registration if it is associated with a registered organisation and you leave that organisation;
  • contact us if your username, password or shared secrets have been lost, stolen or otherwise compromised; and
  • log out at the end of each session.

SECURITY

It is a condition of you using services that you must not:

  • tamper with other accounts, or commit unauthorised intrusion into any part of the Site. This includes computers, files, accounts, networks and equipment. You must not attempt to bypass the network firewall;
  • use any of the functions on the Site for which you are not authorised or devise ways to circumvent security in order to access functions on the Site for which you are not authorised. This includes but is not limited to scanning our network or other networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access or not;
  • use the system in a manner that encumbers disk space, processors or other system resources. You must not make deliberate attempts to interfere with the functionality of the Site, overload the Site or attempt to disable a host. You may not access the Site to create computer malfunctions or attempt to interrupt the Site;
  • attempt to use the Site without authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of services, intentional invasion of privacy, reading of files without authorization.
  • transmit any file which contains viruses, worms, “Trojan horses” or any other contaminating or destructive features;
  • use programs, scripts, commands or send messages with the intent to interfere with the Site.

MONITORING

The effective management and security of services requires that usage is routinely monitored and analysed for evidence of misuse and attempted or actual security breaches. You consent to this monitoring being undertaken by AEDDR in connection with your use of the Site.

Further information on user monitoring may be found in the AEDDR Privacy Statement.

SUPPORT

AEDDR will ordinarily provide business and technical support for the Site between the hours of 9am and 5pm Monday to Friday (excluding public holidays and AEDDR shut-down periods as specified on the AEDDR website and official notices).

LIABILITY AND INDEMNITY

You agree that AEDDR will not be liable to you or your organisation for any loss or damage whatsoever that you or your organisation suffers or may suffer that arises directly or indirectly from:

  • your use of, or inability to use, this Site
  • unauthorised access to or alterations of your transmissions or data
  • activities resulting from the loss or misuse of your username and password, or
  • attempt to use the Site without authorisation. This includes but is not limited to password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, harmful alterations of services, harmful and malicious destruction of data, injection of computer viruses, distribution of viruses through the use of services, intentional invasion of privacy, reading of files without authorization.
  • any other matter relating to the services or this Site.

You and your organisation agree to indemnify and hold harmless AEDDR from and against any loss, damage, cost, expense, claim proceeding or liability of any kind that AEDDR may incur to any third party that arises directly or indirectly from:

  • your breach of these Terms; and
  • your use of this Site and your activities in connection with this Site, except to the extent that any such loss, damage, cost, expense, claim proceeding or liability arises solely from any act or omission involving fault on the part of AEDDR.

TERMINATION OF USE

You may cancel your registration with the Site at any time by contacting contact@aeddr.com.

AEDDR may immediately terminate your registration, access to and use of this Site by notice to you, if it determines that you have breached any of these Terms.

AEDDR may suspend your registration, access to and use of this Site if AEDDR considers it necessary to protect its interests or those of any other person while it investigates any technical or operational issue or breach of security or a possible breach of these Terms.

AEDDR reserves the right to report any offence to the proper authorities, if necessary.

AEDDR may also terminate your registration, use of or access to this Site for its own reasons and without any fault on your part provided that in such circumstances AEDDR will attempt to give you not less than 30 days prior written notice of such termination where it considers that this is appropriate in its absolute discretion.

AEDDR will not accept any services lodgements or transactions from you via this Site after the date of termination.

NOTICES

You agree that AEDDR may notify you of any changes to your registration, access and use of the Site and of any changes to these Terms by publication of a notice on the Site. In such circumstances, AEDDR may, but is not bound to, also issue an email notification to your registered email address.

AMENDMENTS TO THE TERMS

AEDDR may amend these Terms at any time, and you agree to be bound by any such amendments immediately upon notification of the amendments being posted on the Site.  AEDDR may also, at its discretion, require you to accept the amended Terms prior to allowing you continued access to the Site. If you do not wish to be bound by any changes to the Terms, you must immediately seek cancellation of your registration to the Site by contacting contact@aeddr.com and no longer use or access the Site.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of the Australian Capital Territory. The parties submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

Last Updated: 25/08/2012