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PPSR terms and conditions of usePersonal Property Securities Register

PPSR terms and conditions of use:

Table of contents


PPSR general conditions of use

Introduction

1. Access to and use of the PPSR and PPSR Information is subject to you complying with the current version (as notified to you) of:
  1.1 these PPSR General Conditions of Use
  and as relevant to your access to and use of the PPSR and PPSR Information:
  1.2  the PPSR Account Customer Terms and Conditions;
  1.3  the PPSR Credit Payment Terms and Conditions;
  1.4  the PPSR B2G Access Terms and Conditions; and
  1.5  all terms and condition relating to any relevant Third Party Facility.
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.
5. You must promptly provide us with any information we request in respect to your access to or use of the PPSR or PPSR information.
6. You must strictly comply with all instructions and guidance we advise to you in respect to the PPSR, PPSR Information or any related matter.
7. 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 and conditions as set out in section 1.
8. Except as may be specifically authorised by the Act or approved by us in writing, you must:
  8.1  only access and use the PPSR and PPSR Information exclusively for your own purposes (or if your use is in the capacity of a representative of an organisation, exclusively for the purposes of that organisation);
  8.2  not collect, store or use PPSR Information for any purpose associated with the provision, or potential provision of, an information service to any person; and
  8.3  not use (or condone or be involved with the use of) the PPSR for Unauthorised Purpose.
9.             You acknowledge that:
  9.1  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);
  9.2  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);
  9.3  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
  9.4  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.
10. Personal information provided by you will be treated in accordance with our Privacy Statement.


Ways to access the PPSR

11.           There are multiple ways in which you can conduct dealings with the PPSR (for example via the PPSR website, by mail, by facsimile and by the PPSR contact centre). You should use the access method that best suits your needs and ensure you are aware of how to conduct your dealings with the PPSR by other available means should the need arise.


PPSR accounts

12.           You must have a current account in respect to the PPSR to be able to access and use various PPSR facilities (including pre-pay and invoiced account payment options and B2G interface access). To obtain a PPSR account you must provide us with requested information, properly identify yourself and satisfy us that you meet all relevant requirements to qualify to hold a PPSR account and agree to be bound by the PPSR Account Customer Terms and Conditions.


Your facilities

13.           You must provide everything that you need to access and use the PPSR and ensure that it is properly configured and meets all relevant requirements.


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

14.                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.


Security

15.           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.
16. You must take all reasonable action to prevent and detect unauthorised use of the PPSR.
17. 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.
18. 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.


Updates and changes to the PPSR

19.           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 exceeding 14 days.


Suspension and Termination

20.           We may refuse access to the PPSR, or suspend its operation in whole or in part either for you as an organisation or as a specific user, or generally, at any time in accordance with the Act.


Disclaimer and liability

21.           To the extent permitted by law, the PPSR and PPSR Information is made available without any representation or warranty of any kind (without limitation in respect to the accuracy of PPSR Information) and we have no liability to you in respect of any loss or damage that you might suffer no matter how arising (including negligence) that is directly or indirectly related to the PPSR, or PPSR Information.


Notice

22.           Except where the Act otherwise provides, we may advise or notify you of any matter on or via any relevant PPSR channel (including by general or hyperlinked advice or notice on the PPSR website, by telephone, SMS, email, mail or facsimile to any relevant address you have provided to us).


Definitions

23.           In these PPSR General Conditions of Use, unless the context implies a contrary intention, the following terms have the meaning set out below:
  Act means the Personal Property Securities Act 2009 (Cth).
  Commonwealth means Commonwealth of Australia.
  personal information has the meaning defined in the Privacy Act 1988 (Cth).
  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 any relevant Third Party Facility) or other things designated by us to form part of the 'PPSR'.
  PPSR Information means all data, information and material of any kind (including data, information and material provided by a third party) contained in or made available via the PPSR.
  Registrar means the Registrar of Personal Property Securities under the Act acting directly or by way of any relevant delegate.
  Third Party Facility means any system, service, function, facility, data, information or material provided by or sourced by us from a third party.
  Unauthorised Purpose includes any use that breaches or is inconsistent with the Act or that the Registrar otherwise determines is unauthorised.
  we and us means the Registrar.
  you means the relevant person using the PPSR and where your use is in a capacity as a representative of an organisation, means both you and that organisation.



PPSR Account Customer terms and conditions

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 Account Customer Terms and Conditions;
  1.2  the PPSR General Conditions of Use
  and as relevant to your access to and use of  the PPSR and PPSR Information:
  1.3  the PPSR Credit Payment Terms and Conditions;
  1.4  the PPSR B2G Access Terms and Conditions; and
  1.5  all terms and condition relating to third party services, data, information or material, or other features or functionality you may access or use as part of or as an adjunct to, or via, or in conjunction with the PPSR.
2. You must ensure that all your Users are aware of and comply with these PPSR Account Customer Terms and Conditions.
3. You must not allow any other person to access or use your Account (other than your authorised Users, if any).
4. 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.


Update of information

5.            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).


Cancellation

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


Suspension and Termination

7.            We may suspend your Customer Account, or any or all User Accounts, at any time with or without notice for any reason we think fit.
8. We may terminate your Customer Account at any time with or without notice where:
  8.1  we know or reasonably suspect that:
 

- you have breached these PPSR Account Customer Terms and Conditions;
- you have not fully and properly identified yourself or any relevant User to us; or
- you have provided us with false, untrue, incomplete or misleading information; or

  8.2  we consider that your Account has become inactive.


Indemnity

9.            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, or the lawful exercise of our rights pursuant to these PPSR Account Customer Terms and Conditions.


Priority

10.          To the extent of any inconsistency between a provision in this document and any other provision forming part of the PPSR Account Customer Terms and Conditions, the provision in this document will prevail.


Definitions

11.          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).
  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.
  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.
  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 the Registrar.
  you means the relevant Account Customer, and, as the context admits, each relevant User.



PPSR B2G access terms and conditions

Introduction

1.            Access to and use of the PPSR B2G Interface is subject to you complying with the current version (as notified to you) of:
  1.1  these PPSR B2G Access Terms and Conditions;
  1.2  the PPSR General Conditions of Use;
  1.3  the PPSR Account Customer Terms and Conditions;
  and as relevant to your access to and use of  the PPSR and PPSR Information:
  1.4  the PPSR Credit Payment Terms and Conditions; and
  1.5  all terms and condition relating to third party services, data, information or material, or other features or functionality you may access or use as part of or as an adjunct to, or via, or in conjunction with the PPSR.


Pre-conditions to B2G access

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


Use

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


Cancellation

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


Suspension and Termination

8.            We may suspend your B2G Access, or any or all associated User Accounts, at any time with or without notice for any reason we think fit.
9. We may terminate your B2G Access at any time with or without notice where:
  9.1  we know or reasonably suspect that:
 

you have breached these PPSR B2G Access Terms and Conditions;
you have not fully and properly identified yourself or any relevant User to us; or
you have provided us with false, untrue, incomplete or misleading information.



Indemnity

10.          You indemnify us against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we (or our personnel) may incur, that arises out of or in connection with, your use (including unauthorised use except to the extent that such use could not have reasonably been prevented by you) of B2G Access, or the lawful exercise of our rights pursuant to these PPSR B2G Access Terms and Conditions.


Priority

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


Definitions

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