Web Services AgreementVersion: 7.4.12

Licence

1. We, the Commonwealth grant you, during the term of this Agreement and subject to these terms and conditions, a non-exclusive non-transferable licence to access, download and otherwise obtain publically available information about super funds from the SFL Web Services for the purposes permitted by this Agreement.

About the Web Services

1. The data obtained from the SFL Web Services is permitted to be used for:
   1. compliance and reporting purposes in respect of superannuation and taxation related laws;
   2. data verification and/or integrity issues; and
   3. public research purposes, that is research which members of the public are able to undertake using information available to the public at no or minimal cost.
2. The data obtained from the SFL Web Services is not permitted to be used for marketing or commercial purposes. Using data obtained from the SFL Web Services for marketing or commercial purposes will be deemed to be a breach of these terms and conditions.
3. By agreeing to these terms and conditions you acknowledge that you are not permitted to use the data for marketing or commercial purposes and that you will not transmit, share or provide the data in any form to any third party for use for marketing or commercial purposes. For the purposes of this Agreement, commercial purposes includes research that may be intended for or result in financial or market gain or advantage.
4. If the data obtained from the SFL Web Services is used in breach of this Agreement for marketing purposes, we may require you to notify all the parties you marketed to of your breach and the misuse of this data and their information and also require you to discontinue, cancel or revoke any marketing or commercial activities associated with the breach.
5. You may, at your own risk, provide relevant extracts of the data obtained from the SFL Web Services to third parties, but you must not make available the whole or a significant part of the data obtained from the SFL Web Services to a third party without our express prior written consent.
6. In order to access the SFL Web Services you may be required to provide information about yourself and the purpose for which you require the data as part of the registration process. You agree that any registration information you provide to us will always be accurate, correct and up to date.

The Data may not be complete, accurate or current

1. While the ATO seeks to regularly update the Super Fund Lookup database with super fund information, and keep it up to date, details for the database are provided to the ATO from various sources. For this reason:
   1. you should not rely on the accuracy, completeness or currency of the data obtained from the SFL Web Services,
   2. the Commonwealth accepts no responsibility for the accuracy, completeness or currency of the data obtained from the SFL Web Services, and
   3. you need to exercise your own skill, care and judgment about using the data obtained from the SFL Web Services, and seek professional advice where appropriate.
2. The Commonwealth also accepts no responsibility for any material obtained through external links from the Super Fund Lookup site, and recommends that users exercise their own skill, care and judgment about using that material.

Use of SFL Web Services

1. You must provide all equipment and facilities you may need to access and use the SFL Web Services in the method it is provided to you.
2. You must only use the SFL Web Services strictly in accordance with all usage, operating and any other instructions provided to you from time to time, including those advised via the SFL Web Services.
3. You are responsible for maintaining the currency, integrity and security of the SFL Web Services you store and use.
4. You must not use the SFL Web Services in any way that may infringe the rights of any person (including intellectual property rights and any privacy rights) or breach any relevant law. We make no representation or give any warranty that any use or disclosure by you of SFL Web Services will be lawful regardless of whether it may be permitted by this Agreement.
5. You must promptly notify us if you believe you have discovered an error in the SFL Web Services, or if you become aware of any relevant circumstance that may lead to a complaint or claim being made against the Commonwealth (for example, in respect of breach of privacy or intellectual property rights).
6. You must not misrepresent your rights under this Agreement or use the SFL Web Services in any way that is or may be false, misleading or deceptive.
7. You must not represent or imply, or allow any associated person to represent or imply, that the Commonwealth endorses, approves, or is affiliated in any way with you or any use you may make of the SFL Web Services or any of your products or services.
8. You acknowledge that details that form part of the SFL Web Services may subsequently be withdrawn from the SFL database. If we notify you that specific information has been withdrawn you must immediately take all reasonable action to delete all copies of that information in your possession or control.

SFL Web Services

1. Access to the SFL Web Services is restricted to authorised users.
2. The SFL Web Services has been implemented in a technical environment designed to provide high availability and be reasonably fault tolerant. However, as with any technical system, the SFL Web Services may not always work as described and may be subject to interruption or breakdown for a wide variety of reasons. You acknowledge and agree that your use of the SFL Web Services is on an 'as is, as available' basis only.
3. We may alter or, where there is reasonable cause, suspend the SFL Web Services at any time.
4. You must have contingency plans to deal with any disruption or unusual delay occurring in respect of the SFL Web Services.

Product information

1. You should ensure that the SFL Web Services does not interfere with your computer system.
2. If you are located outside Australia, you are responsible for complying with local laws. Those laws may impact your eligibility to obtain SFL Web Services.

Security

1. You must take all reasonable action to protect and maintain the security of all user-ids, passwords, encryption keys and other information relating to access, authentication or security relating to the SFL Web Services.
2. You must take all reasonable action to prevent and detect unauthorised use of the SFL Web Services originating within or via your organisation.
3. 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.
4. You are responsible for all use (including unauthorised use) of your SFL Web Services account.

Termination

1. This Agreement may be terminated at any time by you giving us not less than 5 days prior written notice which includes notification via electronic email. Terminating this Agreement will revoke your access to the web service.
2. Where you terminate this Agreement due to a change in terms and conditions, your access to the web service will be revoked at the date of the change of the terms and conditions or at the date of expiry of the notice period, whichever is earlier.
3. If you breach these terms and conditions, we can give you a notice setting out the details of the breach and require you to rectify it within 7 days. If you fail to rectify the breach within that period we may immediately terminate this Agreement by providing you with written notice that this has occurred.
4. Rectification can involve any number of actions depending on the nature of the breach.
5. Access to and use of the SFL Web Services by you or any of your users may be suspended if we feel it is necessary to protect our interests or those of any other person while we are investigating any breach of security or possible breach of this Agreement or while any such breach is being rectified by you.
6. We may also terminate this Agreement for our own reasons and without fault on your part providing we give you not less than 30 days prior written notice.

Disclaimer and limitation of liability

1. To the extent permitted by law:
   1. the SFL Web Services is provided "as is" and without warranties of any kind, either express or implied,
   2. we expressly disclaim all representations, warranties and guarantees of any kind including but not limited to implied guarantees of acceptable quality and fitness for a particular purpose,
   3. we do not represent or warrant that your access to or use of the SFL Web Services will be uninterrupted or error-free, that any defects will be corrected or that the SFL Web Services or the server which stores and transmits the SFL Web Services to you are free of viruses or any other harmful components,
   4. we do not warrant or make any representation that the SFL Web Services is correct, accurate, up to date, complete, reliable or is not subject to errors or malfunctions of any kind, and
   5. you (and not us) assume the entire risk for any use you make of the SFL Web Services.
2. To the extent permitted by law, we exclude liability to you and any other persons in respect of any loss, costs, damages (including indirect, incidental, special and/or consequential damages) or loss of profits which result from use or access of, or any inability to use or access, the SFL Web Services (including as a result of any act or omission by us or our negligence) or as a result of our termination of this Agreement.
3. To the fullest extent permitted by law, our liability for breach of any implied warranty, condition or guarantee which cannot be excluded is limited at our option to any of the following:
   1. in the case of services supplied or offered by us,(i) the supply of the services again, or (ii) the payment of the cost of having services supplied again; and
   2. in the case of goods supplied or offered by us, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or (iv) the payment of the cost of having the goods repaired.

Indemnity

1. You indemnify us against any loss, damage, cost, expense, claim, proceeding or liability of any kind that we (or our personnel) may incur to any third party arising out of your use (including unauthorised use) of or access to the SFL Web Services, or the lawful exercise of our rights pursuant to this Agreement.

Notice

1. You must appoint and notify us of the details of your nominated client contact, who you have duly authorised to bind you in respect of all matters related to this Agreement. If the details of your client contact change, you must immediately notify us.
2. We may send notices to you by delivering them to your client contact at the email, fax, postal or business address you have nominated.
3. You may send notices to us by delivering them to the email, fax, postal or business address specified as the address for notices on the Web Services Application at the time you send the notice.
4. Without prejudice of any other way to establish delivery has occurred, delivery will be deemed to have occurred when:
   1. an email has been received into the relevant electronic mail box, whether the message has been read or not; and
   2. a facsimile transmission has been confirmed as successful by a relevant confirmation report issued by the sending fax machine.
5. This agreement is governed and will be construed according to the laws of the Australian Capital Territory.

Definitions

1. In this agreement, unless the context indicates otherwise, any term defined below has the meaning so defined.
   1. SFL means Super Fund Lookup or the website and associated web services located at:
      http://superfundlookup.gov.au
      http://superfundlookup.gov.au/xmlsearch/
      or such other location as we may notify to you from time to time.