PPSR Conditions of Use

You need to read all parts on this web page and the other web pages referred to in it to have a full understanding of the Conditions that apply to your use of the GlobalX PPSR service. These PPSR Conditions of Use may be varied at any time (unilaterally by GlobalX without notice to you) and therefore you should read them again, even if you have read them previously.

The PPSR Conditions of use that you are agreeing to include all of the following sections:

PPSR General Customer Terms & Conditions of Use

Introduction

1. Access to and use of your Account is subject to you complying with the current version (as notified to you) of:
1.1 these PPSR General Customer Conditions of Use; and, as relevant to your access to and use of the PPSR and PPSR Information, 1.2 all terms and conditions 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.
2. Where you use the PPSR in any way that suggests your use is in the capacity of a representative of an organisation, you represent and warrant to us that such use is duly authorised by that organisation
3. You must ensure that all information and material of any kind you provide to us:
3.1 is true, complete and fully correct
3.2 is not in any way misleading or deceptive;
3.3 is updated as necessary to ensure that at all times it remains true, complete, fully correct and not in any way misleading or deceptive; and
3.4 is duly authorised to be provided to us and to be used by us and, as relevant, for it to included in the PPSR and made available as PPSR Information, and that such provision and use will not breach any law or infringe any right of any person.
4. You must strictly comply with all laws relevant to your access and use of the PPSR and PPSR information.
4.1 You must promptly provide us with any information we request in respect to your access to or use of the PPSR or PPSR information.
4.2 You must strictly comply with all instructions and guidance we advise to you in respect to the PPSR, PPSR Information or any related matter.
4.3 You acknowledge that you obtain no rights in, or in respect to, PPSR Information or the PPSR other than such express rights to access and use the PPSR and PPSR Information as may be created by reason of these PPSR General Conditions of Use or relevant terms.
4.4 Except as may be specifically authorised by the Act or approved by us in writing, you must only access and use the PPSR and PPSR Information for your own purposes (and not for provision to any third party), or if your use is in the capacity of a representative of an organisation, for the internal purposes of that organisation.
4.5 You acknowledge that:
a. knowingly providing false or misleading information to a person including the Commonwealth can amount to an offence under section 137.1 of the Criminal Code (Cth);
b. knowingly producing false or misleading documents to a person including the Commonwealth can amount to an offence under section 137.2 of the Criminal Code (Cth);
c. use of the PPSR and PPSR information otherwise than is authorised by the Act could involve conduct that amounts to an offence and / or expose you to potential civil penalties and / or liability for damages and may involve interference with the privacy of an individual in breach of the Privacy Act 1988; and
d. all relevant requirements of the Act, including in respect to payment of relevant fees and charges, must be met before information can be validly registered in the PPSR or access given to relevant PPSR Information or relevant PPSR functionality or features.
4.6 Personal information provided by you will be treated in accordance with the PPSR Privacy Statement.
5. You must ensure that all your Users are aware of and comply with these PPSR General Customer Terms and Conditions.
6. You must not allow any other person to access or use your Account (other than your authorised Users, if any).
7. You are responsible for all use of your Account, including any unauthorised use except to the extent that such use could not have reasonably been prevented by you.
8. You must ensure your system and processes meets all requirements to access this service.
9. You warrant that you have thoroughly tested, including any compliance requirements advised by us or as advised through the PPSA, that your system and process complies with all technical and other standards, requirements and guidelines advised by us (without limitation, including implementation of all relevant approved forms and notices required by the Act).

Updates and changes of information

10. You must promptly update your Account details and all other information when any information provided by you relevant to your account or usage of your Account is no longer accurate or up to date in any way (for example updating contact details when they change or deleting details of any User you have created in respect to your Account as soon as they are no longer authorised to use your Account).
11. The PPSR may be upgraded and its features, functionality and other characteristics may change from time to time. We will endeavour to provide reasonable notice of any changes that we consider are not routine and should be advised to users. You acknowledge that it may not be reasonably possible to provide notice in all circumstances and that in no event will we be obliged to provide notice in advance.

Third Party Facilities

12. Unless the context otherwise requires, to the extent that your access to or use of the PPSR or PPSR Data involves access to or use of a Third Party Facility, your obligations to us and the rights we have under these PPSR General Conditions of Use and relevant terms and conditions specified, as they relate to that Third Party Facility, extend to and are directly exercisable by the provider of that Third Party Facility.

Cancellation

13. We will promptly cancel your Account if you notify us to do so. We will advise you once cancellation has been effected.

Security

14. You must comply with all security procedures and take all reasonable action to protect and maintain the security of your access to and use of the PPSR, including, without limitation, in respect to choice of passwords, changing passwords and maintaining the security of all usernames, passwords, tokens, access codes, encryption keys and other information relating to access, authentication or security relating to the PPSR.
15. You must take all reasonable action to prevent and detect unauthorised use of the PPSR.
16. You must take all reasonable action to ensure that your access to and use of the PPSR (without limitation including any information or material you submit to us) will not disrupt or adversely affect the PPSR or our operations.
17. You must immediately notify us if you know or suspect that access or authentication security information has been compromised or any other kind of unauthorised use or security breach has occurred, or if you detect a fault, error or problem in the PPSR or PPSR Data.

Suspension and Termination

18. We may suspend your Account, or any or all User Accounts, at any time with or without notice for any reason we think fit.
19. We may terminate your Account at any time with or without notice where,
20.1 we know or reasonably suspect that:
a. you have breached these PPSR General Customer Terms and Conditions; b. you have not fully and properly identified yourself or any relevant User to us; or c. you have provided us with false, untrue, incomplete or misleading information; or
20.2 we consider that your Account has become inactive.

Secured Party Group (SPG) Setup and Maintenance

20. The following terms & conditions relate specifically to SPG setup and maintenance, you agree to be bound by the following conditions if using SPG setup and maintenance:-
  • You are authorised to setup or maintain SPGs on behalf of your organisation, and on behalf of the Secured Parties represented therein
  • You are authorised to import SPG information from the PPSR to GlobalX
  • You are authorised to transfer SPG information from GlobalX to the PPSR
  • You have the authority to transfer all registrations held by any SPGs assign to you
  • You acknowledge the suspension and termination in the PPSR General Customer Terms and Conditions of Use clauses 18 and 19.

Indemnity

21. 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 or access to your Account (Including SPG accounts), or the lawful exercise of our rights on that or those accounts.

The PPSR is provided 'as is' and 'as available'

22. The PPSR has been implemented in a technical environment that is designed to provide high availability and be fault tolerant. However, as with any technology based facility, the speed and characteristics of the PPSR will vary at different times and under different circumstances and the PPSR may not always work as described, and may be subject to faults, interruption or breakdown or be fully or partially unavailable. In addition, the accuracy of PPSR Information is dependent on its source. You acknowledge and agree that PPSR Information and your access to and use of the PPSR is on an 'as is, as available' basis only.

Definitions

In this document, unless the context implies a contrary intention, the following terms have the meaning set out below:
Account means your Customer Account or a relevant User Account, or if the context admits, all such accounts. Account Customer means a person who holds a Customer Account. Act means the Personal Property Securities Act 2009 (Cth) and its regulations, as amended from time to time. Commonwealth means Commonwealth of Australia. Customer Account means your master account on the PPSR which is used to manage and control access to and use of the PPSR 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. Registrar means the Registrar of Personal Property Securities under the Act acting directly or by way of any relevant delegate. Secured Party Group means secured parties in the PPS Register either an individual or organization and enable secured parties to manage their registrations on the PPSR. System Administrator means a User who is able to create other User Accounts, assign rights to Users and perform other functions in respect to your Account. User means each person who has access to your Customer Account. 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 GlobalX or the Registrar (as the case may require). you means the relevant Account Customer, and, as the context admits, each relevant User.

GlobalX Information Services (GlobalX) Terms & Conditions

In agreeing to use the GlobalX services for PPSR, you also agree to the terms & conditions set out below.

  1. Definitions

    The following expressions have the meaning given (whether or not they commence with capital letters) unless the context otherwise requires.

    • Agreement means all the terms and conditions on or referred to on this page (as varied from time to time).
    • Applicant means an Organisation or their authorised representative who lodges PPSR registrations over collateral. This will be identified in the GlobalX system by way of Contact Name recorded against user id.
    • B2G means Business to Government.
    • GlobalX means GlobalX Information Services Pty Ltd ABN: 99 073 436 414.
    • Information Provider means any provider of data to the GlobalX system, including the Commonwealth.
    • intelli-ManagerTM / document repository service means the suite of tools provided for You on the GlobalX system to help store, manage and retrieve your documents, files and order information.
    • Terms and Conditions / Terms / Conditions means all of the terms on or referred to on this page (as varied from time to time).
    • Third Party means any person or organisation not covered under the other definitions of Information Provider laid out in this section.
    • You means the client or customer of GlobalX and includes your employees and any representatives who may use either directly or indirectly the services provided under this agreement.
    • Your Customer means any person or organisation other than You who will receive benefits from usage of this service, either directly or indirectly.

  2. Indemnity & Release of GlobalX

    • In agreeing to these terms, You indemnify GlobalX against all liability arising from your use of the PPSR system, including, but not limited to:
    1. In respect of any loss or damage that You might suffer that is directly or indirectly related to the PPSR
    2. In respect of any action taken against You by the Commonwealth arising from inappropriate use, misrepresentation of fact, erroneous submission, improper interpretation of the Act, or any other act by You or your representatives that results in action.
    3. In respect of any action taken against You by the Commonwealth or any other person or entity relating to usage of the PPSR Search system not sanctioned under the Act.
    • You acknowledge that GlobalX has not and is not providing any legal advice to you and that if you are unsure about the effect of the Act and the operation of the PPSR it is your responsibility to take appropriate legal advice PRIOR TO searching the PPSR or registering a financing statement. Without limitation you agree that:
    1. Help Desk assistance is not legal advice; and
    2. Training provided by GlobalX in respect of the PPSR is not legal advice.
    • To the fullest extent permitted by law, you release discharge and hold harmless GlobalX for any liability GlobalX may have to you, including liability for negligent act or omission.

  3. Applicant's Identity

    • You agree that while using GlobalX's (B2G) PPSR services, GlobalX will not be deemed to be the Applicant under any circumstances and is simply providing an interface to allow You to register information on the PPSR. You also agree that if GlobalX is contacted as the Applicant, that these enquiries will be forwarded directly to You and that You will immediately ensure you take ownership of the application.
    • In the event that GlobalX incurs any costs associated with defending your application or suffers any loss or damage as a result caused by your use of the GlobalX PPSR services (including responding to any demand or legal proceeding), you hereby indemnify GlobalX for all such costs, loss and damage (including legal costs on a full indemnity basis).

  4. Address For Service Provisions

    • GlobalX provides the opportunity for You to use our B2G mailbox to receive notifications from PPSR, including Verification Statements, Secured Party Group Access Codes and Registration Tokens. In this regard:
    1. GlobalX will receive Access Codes and Registration Tokens from PPSR, and store these securely on the GlobalX system using industry standard encryption techniques. GlobalX does not warrant the security of these codes should You issue these from the system.
    2. You may choose not to use this service. However, if You choose not to use this service, You acknowledge that GlobalX cannot return Secured Party Group related notifications (including, but not limited to Verification Statements, Registration Tokens and SPG Access Codes) to the GlobalX system, and to Your intelli-ManagerTM. In this situation GlobalX does not warrant, and does not provide any support for your receipt of this information.

  5. PPSR searching - Data Limitation

    • Responses: PPSR searching will be based on the data on the PPSR. You may receive none, one or many results in response to your search criteria, based on the data held on the PPSR.
    • Given that the PPSR will comprise data imported from other registers, it should not be assumed that searching by ABN for example will return all the relevant results for the entity with that ABN. It is likely that searches by organisation name (and variants of name) will also be required. Search results returned by the GlobalX system are of course entirely dependant on the integrity of the data on the PPSR (over which GlobalX has no control). You acknowledge that you have considered PPSR announcements in this regard and have taken legal advice if in doubt.
    • Separate items returned in a PPSR search browse do not necessarily correspond to different security interests, and You must perform your own review of the responses to ensure You understand the collateral secured.
    • When using the GlobalX Search Extract, You acknowledge that this is provided for your convenience only and does not correspond to a formal search result from the PPSR. You must request a PPSR Search Certificate for each security interest in order to prove adequate due diligence when registering new interests.
    • When conducting grantor searches on the PPSR You must be complying with the requirements of the Act regarding authorised purpose.

  6. PPSR registration . take extreme care

    • You acknowledge that the correctness of information in an Application for Registration and Financing Statement at the time of registration is essential for the registration to be effective. You accept that:
    1. the responsibility for ensuring that this information in the Application for Registration and Financing Statement is correct is yours;
    2. while GlobalX provides some online tools and Help Desk support those tools and that support are not legal advice and are simply to assist you in you discharging your obligation to ensure that the information in the Application for Registration and Financing Statement is correct;
    3. GlobalX does not vet or check the information in an Application for Registration or Financing Statement for correctness. If the Helpdesk of GlobalX do contact you about what may be a mistake in information provided, that contact is a good faith gesture and not an admission that GlobalX has checked all the information.
    • If you use the Application for Registration forms of GlobalX, this is not a live interface with the PPSR and the completion of the Financing Statement and registration on the PPSR will occur sometime later by GlobalX Helpdesk staff on your behalf based on the information you have entered in the Application form. You acknowledge and accept that there will be a time delay in doing so and that this time delay may potentially result in a loss of priority of your security interest. Given that the time for registration in this circumstance is dependent both on the volume of requests being processed by GlobalX and processing responsiveness PPSR servers any indication provided by GlobalX about time for registration is an estimate only.
    • The need for your careful checking of information is particularly important in the area of batch importation from an excel spreadsheet or csv file (or any other type of file or document). In such circumstance you are responsible for the accuracy of not just the information but that the information is in the correct fields on the spreadsheet to ensure correct uploading of data. Again GlobalX does not take responsibility for mistakes in field use. GlobalX Help Desk staff may assist you from time to time but responsibility for accuracy of information and field use is yours.

  7. No Warranty

    • You acknowledge that GlobalX makes no warranty, implied or otherwise in respect of:
    1. The suitability of the PPSR or the GlobalX system interface with the PPSR for use by You for any particular purpose;
    2. The frequency and availability of the provision of updates to the PPSR;
    3. The comprehensiveness or completeness of the data on the PPSR;
    4. That the PPSR data is up to date or current; and
    5. That the PPSR data is free from error or inaccuracies.

  8. Intellectual Property

    • Nothing in this agreement gives You any rights in the Intellectual Property of GlobalX. Specifically:
    1. GlobalX retains all rights with regard to the software delivery, including web user interface, web services interface and all system logic.
    2. You acknowledge that the service may contain material in which Intellectual Property vests in Third Parties.

  9. Breach of Agreement

    1. You agree to comply with these terms for the benefit of the Information Provider and GlobalX. You must also comply with any direction given by GlobalX provided that direction is necessary to enable GlobalX to comply with its obligations to any Information Provider.
    2. If You commit an Act of Default GlobalX may immediately terminate your access, and provide notice or termination in writing (electronic communication). This clause is necessary to enable GlobalX to comply with its obligations to Information Providers.

  10. Survival

    • All clauses in this Agreement capable of having effect after termination will survive termination of this Agreement.

GlobalX additional General Terms & Conditions

Definitions

  1. In this Agreement, unless the context otherwise requires:
    1. Act of Default means:
      • any breach of this Agreement of any Information Provider terms including but not limited a default in repayment of any Charges or unauthorised disclosure of the Security Identification;
      • where the Customer becomes bankrupt or insolvent, has an administrator, liquidator or receiver appointed, or enters into any composition with or scheme of arrangement for the benefit of the Customer's creditors.
    2. Content means the information made available to the Customer through the Service.
    3. Default Interest Rate means the interest rate charged by GlobalX's principal banker on unsecured overdrafts of $20,000 plus five (5) percent.
    4. Service Provider means GlobalX Information Services Pty Ltd or related bodies corporate.
    5. Customer includes the user and/or the Organisation under whom the application for access has been made, any Reseller/Channel Partner, and any end user of a Reseller.
    6. Organisation includes the Company, Business, Sole Trader or any other entity.
    7. Charges mean the charges payable by the Customer to the Service Provider pursuant to this Agreement including, but not necessarily limited to, access and usage fees for the Service, which may change from time to time without notice.
    8. Information Providers means bodies (whether government or private) whose information the Service Provider may from time to time provide.
    9. Site means the website from which the Service is provided including www.gxs.com.au.
    10. Service means the information services which are provided by the Service Provider to the Customer under this Agreement.
    11. Security Identification means the Customer's identification number and the Customer's log-on, password etc required to access the Service.
    12. Property Certificates - I Cert means off line conveyancing certificates including but not limited to Land Tax, Roads, Heritage etc.

Address to the Service

  1. The Service Provider grants the Customer a non-exclusive right to access the Service, subject to the terms and condition of this Agreement and the operating instruction displayed on this Service from time to time or as otherwise notified to the Customer. The Customer agrees that it is bound by these terms and conditions:
    1. when it is issued the Security Identification by the Service Provider; or
    2. if clause 2(a) does not apply (eg. if the Customer is a casual or pay as you go Customer), by using the Service.
  2. The Service Provider may change these terms and conditions from time to time without the need to notify the Customer simply by making those changes to these terms and conditions.
  3. The Service Provider will use its best endeavours to provide access to the Service during normal business hours.
  4. The Customer acknowledges that:
    1. The Customer is responsible for arranging at its own expense such equipment and systems as are necessary to access the Service;
    2. The Customer's access to the Service is limited to the hours of access provided by the Information Providers and which will be notified on the Service from time to time;
    3. Access to particular information may from time to time be unavailable due to circumstances beyond the Service Provider's control in which case the Service Provider shall not be liable to the Customer for its inability to provide access;
    4. Access to the Service will be by Security Identification;
  5. The Service Provider is not responsible for the accuracy of any information provided by Information Providers whether by reason of corruption during transmission to the Customer or otherwise.
  6. The Customer shall maintain the secrecy and confidentiality of the Security Identification;
  7. The Customer agrees not to disclose to any other person, corporation, entity or organisation the Security Identification, whether in use or not
  8. The Customer is liable for all charges resulting from the use of the Service access through the Customer's Security Identification whether such use of the Service was authorised by the Customer or not. The Customer must immediately inform the Service Provider of loss of Security Identification, a reasonable prospect of issue of the Security Identification or any unauthorised access to or misuse of the Service.
  9. The Service Provider will deactivate the Customer's Security Identification within two (2) business hours of an emailed request to helpdesk@globalx.com.au.
  10. The Service Provider reserves the right to enforce user name and password changes as required for security, confidentiality and other legal compliance.
  11. All pricing information is "Commercial in Confidence" for the use of the Customer only. The Service Provider reserves the right to take any action it deems necessary if the information is provided to third parties without consent.
  12. The Customer agrees that the Information Provider can change these Terms and Conditions from time to time without notice to the Customer. It is the responsibility of the Customer to ensure its compliance with those terms and conditions as are in force from time to time.
  13. If the Customer is also a Reseller (a Customer-Reseller) the Customer-Reseller must ensure that their end users comply with these terms and conditions at all times.
  14. The Customer will not disclose, transfer, duplicate, reproduce, retain or re-supply (unless an approved Reseller Customer and then only for the purpose of re-supply to the end-user Customer) any information for a purpose other than that for which it was first acquired regardless of the form in which the information was supplied.
  15. The Customer acknowledges that all information provided is subject to copyright and other property rights and agrees not to infringe these rights.
  16. The Service Provider will provide Free Help Desk services in order to assist customers with any enquiries about the Service between the hours of 6am-8.30pm EST Monday to Friday and email help facilities via helpdesk@globalx.com.au. are available all days except National Public Holidays.

Use of the Service

  1. The Customer agrees to comply with all directions of the Service Provider pertaining to access of the Service, including those set out above or in other correspondence by the Service Provider to the Customer as to the use of the Service granted to the Customer by the Service Provider.
  2. The Customer shall not modify content or create any derivative works of the Service without the prior written consent of the Service Provider.
  3. The Customer agrees not to reproduce, retransmit, redistribute, disseminate, sell, publish or circulate any Content to any other person other than in the course of the Customer's usual business or if an authorised Reseller-Customer to its end user Customers.
  4. The Customer agrees to comply with conditions of Information Providers from time to time relating to the use of the Content including but not limited to prohibition on use of the Content for direct marketing.
  5. The Customer agrees to read specific deeds, terms and conditions of use of the various Information Providers contained on the site and adhere to these at all times. The Customer acknowledges and agrees these may change from time to time without notice.
  6. The Customer agrees to use the Service in line with all National Privacy Principles (NPP's).
  7. The Service Provider provides under this service a document repository service. The Customer acknowledges this document repository service can not be guaranteed to hold all searches or any search for a specific length of time and that the Customer should ensure copies of all searches required after the search is completed are saved to the customer's file or emailed via the service to be held in the Customer's email server.

Charges

  1. The Customer shall pay the Charges at the rate and in a manner specified by GlobalX from time to time. The parties acknowledge that GlobalX may impose trading terms for the supply of the Service which terms may appear on the face of any tax invoice rendered by GlobalX to the client from time to time. Trading terms may change from time to time. In the absence of trading terms appearing on the face of any tax invoice, all Charges and other payments must be made by the Customer to GlobalX within 14 days from the date of issue by GlobalX of a tax invoice.
  2. The Service Provider is committed to a sustainable supply chain management process (SSCM) and generally environmentally friendly values which incorporates electronic delivery of all invoicing, contracts, proposals and training materials etc. Paper versions of any of these items either personally delivered or posted as requested by the customer for any of these or other items which can be delivered electronically will incur an SSCM fee and by requesting the above you agree to an SSCM fee being applied. For information in relation to the SSCM fee please contact the helpdesk.
  3. The Service Provider may vary or change the Charges from time to time and will endeavour to provide messages either via direct email to the Customer where the variation is customer specific or via the System Status where the variation is of a generic nature.
  4. All payments should be made by direct debit, electronic fund transfer or credit card only. GlobalX reserves the right to charge an administration fee of $50.00 for each payment received by other method (eg. cheque, cash etc).
  5. The Customer must pay interest to GlobalX on all overdue accounts from the date due for payment to the date of actual payment at the Default Interest Rate, compounding monthly or $30.00 per month if interest is less than $30.00 per month. GlobalX may impose additional requirements on the Customer to secure its present and future payment obligations. Such additional requirements may include without limitation imposition of director's guarantees, bank guarantees, and/or taking security under the Personal Property Securities Act 2009 (Cth).
  6. GlobalX may at its election accept payment by credit card. GlobalX reserves the right to limit such payments or to ask the Client to carry the cost of the merchant's fee associated with such a payment or a minimum of 3%.
  7. The Service Provider reserves the right to charge the customer every 14 days for Property Certificate I Cert orders and that payment is required within 7 days from receipt of this invoice.
  8. The Customer will be charged for every search conducted on the Site. No refunds will be given if the Customer is unhappy with the purchase. The Service Provider may provide the Customer with search credits provided that, within seven (7) days of the search being conducted, the Customer notifies the Service Provider of the time, date, search type and reason for credit request. The Service Provider has an absolute discretion on whether or not to provide credits.

Commencement, Suspension and Termination

  1. This Agreement commences upon the issue by GlobalX of the Security Identification.
  2. GlobalX may immediately suspend if the Customer commits or is suspected of committing an Act of Default, or is otherwise considered by GlobalX to be a credit risk, commercial risk or a compliance risk.
  3. During the period of suspension, GlobalX must elect to either:
    1. Terminate this Agreement with the Customer; or
    2. Restore access to the Service on such terms that GlobalX sees fit (including, but not limited to, the issue to the Customer of new Security Identification, requirement for the provision of security).

Warranties and Liability

  1. The Service Provider, its related bodies corporate and its respective directors, employees, officers and agents do not make any express warranties that the Services will:-
    1. Operate error free; or
    2. Be uninterrupted while in use.
  2. Except as otherwise expressly provided in these terms and conditions, all warranties, representations, promises, conditions or statements relating to the Service, whether expressed or implied; and whether statutory or otherwise (including, without limiting generality, warranties, representations, promises, conditions and statements as to merchantability, suitability or fitness for any purpose, profitability or any other attributes or consequences of or benefits to obtain from or in the course of using the Service), to the full extent permitted by law, are hereby expressly excluded.
  3. The Service Provider does not warrant access to the document repository service. The Customer should ensure copies of searches required after the search is completed are saved to the customer's file or emailed via the service to be held in the Customer's email server. The Service Provider will not be held liable for the need to redo any searches not held directly by The Customer.
  4. The Service Provider shall not be liable to the Customer for any direct or indirect loss or damage in respect of anything done or omitted to be done by the Customer in reliance on information provided under this Agreement or otherwise relating to or resulting from use of the Service, including but not limited to loss arising out of:
    1. Any inaccuracy, error or delay in or omission from any information delivered to the Customer;
    2. Any delays, failures, or inaccuracies in the transmission of any information to the Customer;
    3. Any delay or failure in or loss of access to the Service;
    4. Government restriction, computer viruses, computer hardware or software failure, unlawful or unauthorised access to the Service, theft, sabotage, earthquake, strike, force majeure and without limitation any other conditions beyond the Service Provider's control; and whether such loss or damage is caused by any fault or negligence on the part of the Service Provider or otherwise.
  5. The liability of the Service Provider in contract, tort (including negligence) or otherwise relating to or resulting from use of the Service shall in any event be limited to any one or more of the following (at the Service Provider's option):-
    1. The supply of the Service again; or
    2. The payment of the cost of having the Service supplied again.

Indemnity

  1. The Customer agrees to fully indemnify and hold harmless the Service Provider and its officers, employees, agents, and related bodies corporate against all expenses, losses, damages and costs incurred by or awarded against any of them arising from any claim, suit, demand, action or proceeding by any person where such loss or liability relates to or arises from the use of the Service by the Customer, reliance on information provided under this Agreement or is otherwise caused by any wilful, unlawful or negligent act or omission of the Customer, its employees, agents, customers or sub-contractors in connection with this Agreement. The indemnity will continue notwithstanding termination of this Agreement.

General

  1. The Customer shall not transfer, assign, lease or otherwise dispose of its rights or obligations under this Agreement without the expressed consent in writing of the Service Provider.
  2. Notices may be by System Status, email, fax or mail. Users accept that notices may include commercial electronic messages and that we do require in writing any opt out of messaging from your account holder, given that many messages are required under our contractual arrangements. GlobalX also uses electronic messaging to promote new services and other items considered important to users and the customer agrees to receiving these commercial electronic messages
  3. The law applicable to this Agreement shall be the law in force from time to time in Queensland.
  4. If any clause or subclause of this Agreement should be held to be invalid or unenforceable in any way, the remaining clauses and subclauses of this Agreement shall remain in full force and effect and such invalid, illegal or unenforceable clause or subclause shall be deemed not to be part of this Agreement.
  5. Non-insistence on strict compliance with any terms of this Agreement does not amount to a waiver or variation of this Agreement or prejudice the strict enforcement of its terms. A waiver must be in writing and must expressly state that it is a waiver of a right under this Agreement.
  6. The Customer acknowledges and agrees that, apart from any representations contained within these terms and conditions, it:
    1. did not rely on any representations made by the Service Provider prior to entering into this agreement; or
    2. was not induced to enter into this agreement by any representations made by the Service Provider.
  7. The customer consents to the collection and use of information which is collected and provided by the user when using the system for all purposes associated with the use and operation of the system.