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Terms and Conditions

DEFINITIONS

"Administrator" means a person who controls, oversees, and may operate a Professional's registered account.

"Advanced Search" means a request by an Enquirer/Nominee as to the specific whereabouts of a Document.

"Basic Details" means full name, suburb/town, State/Territory, and postcode.

"Conditions" means these terms and conditions including our privacy policy.

"Client" means a person who is a client of a professional.

"Data" means information made available to you through the System.

"Database" means all data collected and maintained by us and our associated agencies for the delivery of the System.

"Document" means will, deed, power of attorney, property title or any other document available for registration on the System.

"Enquirer" means a person who uses the System to make an enquiry.

"Enquiry" means a request by a person to identify the location of a Document.

"Member" means an Individual or Professional who uses the System to register the whereabouts of a Document and/or creates a Document via our system.

"Nominee" means a person who has been nominated by a Member to have access to his/her registered information.

"Professional" means a business, company, partnership, limited liability partnership, other organisation, institution, government, agency, charity, entity, or sole trader that uses the System for the purpose of imputing information relating to the whereabouts of its own or its clients' Documents and/or the management and retrieval of Bequest Notification. Advice/Active Donor Request notifications.

"Public" means any person from the public who uses the System for the purpose of imputing information relating to the whereabouts of their own or someone else's Document.

"Public Listing" means the Basic Details of a Member will be displayed to an enquirer when they conduct a Search.

"Register" means record on the System the location of where a Document is stored.

"Registry" means the Australian Registry of Wills, Deeds and Documents Pty. Ltd. (A.C.N. 134 836 196)

"Search" means a request by an enquirer as to identify general information on who has registered on the System.

"Service" means the storage of information relating to the whereabouts of any Registered Document and the procurement of that information.

"System" means this web site and its connected electronic services.

"us, we and our" means the Registry.

"Will-maker" means a Member.

"you and your" means you the Professional or individual who uses the System.

TERMS AND CONDITIONS

Thank you for visiting the Registry's Terms and Conditions. Access and use of the System, is dependent upon your agreement to be legally bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the System.

1. About Us

The System is owned by Australian Registry of Wills, Deeds and Documents Proprietary Limited (A.C.N. 134 836 196).

2. General

These Terms and Conditions may be changed by us from time to time. Changes will be posted on this page and your use of this Web Site after such changes have been posted will constitute your agreement to the modified Terms and Conditions and all of the changes.

3. Security of your Will and Documents

It IS THE SOLE RESPONSIBILITY OF A Member TO ENSURE THE SECURITY AND SAFETY OF WHERE AN ORIGINAL REGISTERED DOCUMENT IS STORED AND WHO IS ABLE TO GAIN ACCESS TO IT.ANY DOCUMENT COPIES/SCANS UPLOADED TO YOUR USER ACCOUNT AND STORED VIA OUR SYSTEM ARE SECURED WITH INDUSTRY STANDARD ENCRYPTION TECHNOLOGY.

4. Conditions of Access and Use of Materials

Access to the System must be in accordance with this agreement and must be used in a manner so as not to corrupt the System or the Data. You shall not, and shall ensure that no person shall:

a) access any part of our database which is not part of the Data or to which access is not authorised;

b) transmit any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;

c) tamper with the Data, our database or the System;

d) use any device, software or routine to interfere or attempt to interfere with the proper working of the System;

e) take any action that imposes an unreasonable or disproportionately large load on the servers rendering the System;

f) use any equipment or software to access the System in a manner which is inconsistent with the terms and conditions of this agreement;

Without our express consent you shall not:

a) make any additions, modifications, adjustments or alterations to the Data, System or our database;

b) permit the linking or communication with any other system, equipment or database for the purpose of disseminating any part of the Data, our database or the System through such other system, equipment or database;

c) use any robot, spider, automatic device or manual process to monitor or copy any pages within this website, the Data or our database.

5. Accuracy of Information

It is the sole responsibility of a Member to ensure that any information provided onto the system is unique to you, accurate and current at all times. We do not warrant or guarantee the accuracy or continuing accuracy of the information entered onto the system by a member.

We RESPECT THE CONFIDENTIALITY OF INFORMATION PROVIDED BY A MEMBER OR ENQUIRER/NOMINEE, AND UNLESS WE HAVE BEEN GIVEN AUTHORISATION BY THE MEMBER, IT IS NOT POSSIBLE FOR US TO IDENTIFY THE LOCATION OF A MEMBER'S DOCUMENT/S, AND WE WILL NOT CHECK THE VALIDITY OF THE INFORMATION PROVIDED BY A MEMBER OR ENQUIRER/NOMINEE.

6. Communication with Members

We MAY FROM TIME TO TIME SEND OUT (EITHER BY ELECTRONIC MEANS OR THROUGH THE POST) INFORMATION TO YOU RELATING TO OUR PRODUCTS AND SERVICES. MEMBERS (WHO HAVE PROVIDED A VALID EMAIL ADDRESS) MAY RECEIVE AN AUTOMATICALLY GENERATED EMAIL (PERIODICALLY) FROM US TO REMIND THEM TO UPDATE THEIR DETAILS (IF REQUIRED).

7. Registration by a Professional

It is the sole responsibility of a Professional to ensure he or she has all the permissions and full authority from a client to Register a Document and their details on their behalf. A Professional hereby agrees that the information entered (on behalf of a client) on the System is correct. A Professional who does NOT have permission from a client to Register their details must not Register a client or any of their Documents. A Professional who Registers a client or their Documents without permission agrees to indemnify us from all claims of whatever nature by any party arising directly or indirectly due or associated with such Registration. We shall NOT check or verify whether a Professional has authority from a client.

8. Copyright, Patents, Trademarks and other Intellectual Property Rights

We are the rightful owner of the domain name www.theaustralianregistry.com.au and all the intellectual property (including any copyright, trade mark and database right) associated with the System belongs to us.

You acknowledge that the Data, our database and the System, including the design and layout of this web site, are protected by copyright, trademark and other forms of proprietary rights owned by us or our licensors.

Except as otherwise provided or with the prior written permission of the owners of the intellectual property, you shall not adapt, reproduce, copy, duplicate, publish, on-sell, upload, post, transmit, exploit for any commercial purposes or otherwise distribute in any way the Data, our database or the System, or permit or facilitate any of such acts.

You shall not commercialise the products and services obtainable from this web site in any form, except with our prior written permission and subject to any such conditions imposed by us.

9. Disclaimer of Warranties and Liability

The Data and the System are provided on an "as is" and “as available” basis without warranties of any kind. To the fullest extent permitted by law, we do not warrant and hereby disclaim any warranty:

a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Data and the System;

b) that the Data and the System will be uninterrupted, error-free, timely or secure, or that defects will be corrected or that the System are and will be free of all viruses, bugs or other harmful elements;

c) that the information transmitted through the System is secured, although we will strive to protect the security of the data transmitted over the Internet by encrypting the channel of transmission using Secured Socket Layer technology.

(d) that the search results obtained from the use of the System will be accurate or reliable.

(e) as to the quality of any services, products, information or other materials obtained by you through the System will meet your expectations.

We will also not be liable for any damage or loss of any kind, however caused (including by negligence), as a result (direct or indirect) of the use of or reliance on this web site or any linked website, including but not limited to any damage or loss suffered as a result of reliance on the Data or the System contained in or available from or accessed through this web site.

We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.

10. Age Requirements

In order to use our Service you must be aged 18 years or over. By becoming a Member you confirm that you are aged 18 years or over.

11. The Information You Provide

Any information that you provide to us must be true and accurate, current and complete in all respects.

12. Information Released to an Enquirer/Nominee

An Enquirer/Nominee warrants that all information he provides to make a Search is completely and wholly accurate and indemnifies us from all liability of whatever nature to any party arising directly or indirectly from the Enquirer's/Nominee's improper use of the service or input of inaccu-rate or incomplete information into the System. Upon conducting an Advanced Search, if the details of a Member and Nominee are replicated, the system will display those Members' basic details in order for the Nominee to select the correct Member and continue to proceed with their Search. Upon conducting a successful search, a Document Retrieval Certificate will be issued, specifying the details of the registered information (if any). If a Member's Will copy has been uploaded to the Members' user account, this is ONLY accessible upon the Members' death, in which case documentary evidence will be required - see 'Detailed Search: Checking Register and Responding to an Enquiry'. An Advanced Search fee applies for all searches, successful or not (irrespective of the result). Refer to the 'Fees' page for pricing details.

13. Detailed Search: Checking Register and Responding to an Enquiry

Enquiries requesting us to manually check for a Member's registration and/or document copies on the system and provide a formal response by letter or email (either relating to the whereabouts of a Will and/or document, retrieval of a copy of a document, or the inability to access a Mem-ber's information) will incur a standard administrative fee of $137 (Inc GST). An approximate response time of up to 10 workings days applies, from the date an enquiry is received by us. A Member must have authorised us to release their information, prior to us divulging any details. Enquirers who seek information about a deceased Member will need to provide us with a certified copy of the Member's death certificate, certified copy of evidence of Next of Kin (including Birth Certificate and photo ID such as Passport or Drivers Licence) and any other evidence or authority which we may request or the Member may have requested.

14. Registered Information Changes/Updates

It is the sole responsibility of a Member to make a new Registration and/or update their information in the event that a Member updates or makes a new Document or moves it from its original location. When significant life events take place (i.e. marriage, children, divorce, relative's death) a Member should review their Will to ensure it still reflects their wishes and is valid. If a Member has any older Wills, it is their responsibility to destroy them and any copies in existence.

15. Specific Warnings

You must ensure that your access to this web site and the use of the System is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing the System does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any related web site.

16. Right of Access

We reserve all rights to deny or restrict access to the System to any person or organisation, or to block access from a particular Internet address to this web site, at any time, without notice and without ascribing any reasons whatsoever. Our disclaimer will nevertheless survive any such termination.

17. Public Listing

Upon Registration, a Member (Public or Professional client) has the option of selecting whether or not to be on the Public Listing. The Public Listing is a free service to the general public, and enables a member of the public to conduct a Search to see if a person is registered on the system. If a successful search result is produced, a Member's basic information is displayed including their Name, Suburb, State/Territory, and Postcode. Note, in order to gain further access to a Member's registered information, an Advanced Search must be performed. If a Member decides to 'opt out' of the Public Listing after initially accepting it (or vice versa), they can 'log in' to their account, select 'Settings', and then select or deselect the checkbox under 'Public Listing'.

18. Transaction Security

All credit card transactions are conducted by a payment gateway provider (SecurePay). Information is protected by industry standard Secure Socket Layer (SSL) technology, where it is encrypted on your system, then decrypted on the payment gateway server.

19. Registration Process

There are a number of steps that must be adhered to in order to Register. These include: 1. Signing up and forming a Member account; 2. Agreeing to our Terms and Conditions and Privacy Policy; 3. Selecting the type of Document you would like to Register; 4. Making your payment; 5. Inputting the specifics of a Document, its location, and providing us with information about the Nominees who you give permission to access your details; 6. Accessing your Document Registration certificate.

20. Document Creation Process

There are a number of steps that must be adhered to in order to Create a Document. These include: 1. Signing up and forming a Member account; 2. Agreeing to our Terms and Conditions, Privacy Policy, Australian Legal Will & Suitability Questionnaire General Disclaimer and User Agreement; 3. Selecting the type of Document you would like to Create; 4. Making your payment; 5. Inputting the specifics of a Document by answering a set of questions; 6. Access, download and print your Document from the ‘My Account’ section of your user account; 7. Sign your Document as per the Document signing instructions provided; 8. Take a copy of your original signed Document (via photo/scan) and upload it to the ‘My Account’ section of your user account for future reference/release to your nominated Executor(s) upon one’s death (Optional); 9. Store your original signed Document in a safe place; 10. Register the location of your original signed Document and add any Nominee(s) you grant access to this information (Optional).

21. Receipts

When a payment has been successfully processed, you will receive a tax invoice. This tax invoice is an acknowledgment of your payment transaction, but not an acknowledgment that payment has been successfully received and processed by us

22. Public Registration

Upon successful completion of Registering a Document (including inputting Document details and assigning your Nominee/s), you will receive an online registration certificate (accessible when you 'Log In' to your account in the 'My Account' area, under 'Registration Certificate'). We recommend that you print a copy of this registration certificate and store it with your registered document (and any additional copies of the document) for easy identification and future reference. You will also receive an email notification upon successful registration. You should retain the registration confirmation as a reference for any subsequent communication with us.

23. Professional Registration

Upon signing up to a particular plan and successfully creating an Administrator account, the Administrator will then be able to form a Professional Member user account. Once this is completed, the Professional will be able to 'log in' to their account and create individual Member (client) accounts and register Documents on their behalf. In signing up to a particular plan, each Professional will have a separate user account and will receive the associated benefits of that particular plan (refer to Professional Registration Plans for more information). A Professional will be able to manage Member (client) accounts and edit information on their behalf. The client will also be able to access and make changes to their own account, with the specific username and password that is formed by the Professional. Members (clients) who have a registered email with us will receive an automatically generated email notifying them of their username and password, upon account activation. It is the sole responsibility of the Professional to advise his or her client of their username and password, if the client does not have an email address registered with us.

If a client chooses to use their Professional as a representative to access and control their account, the Professional must gain consent from their client, to have access to any information the client provides them, whilst acting on the clients behalf.

24. Liability

By USING OUR SERVICES, YOU HEREBY AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU (WHETHER IN CONTRACT OR NOT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE) FOR ANY DIRECT OR INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES, (INCLUDING LOSS OF PROFITS, BUSINESS, GOODWILL OR OTHER SPECIAL LOSS) HOWSOEVER ARISING OUT OF OUR PROVISION OF THE SERVICE AND WE SHALL HAVE NO LIABILITY WHATSOEVER TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REIMBURSE TO YOU AN AMOUNT THAT IN NO CIRCUMSTANCES WHATSOEVER EXCEEDS THE AMOUNT PAID BY YOU FOR THE SERVICES.

25. Indemnity

By USING THIS SITE, YOU HEREBY EXPRESSLY UNDERSTAND AND AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS HARMLESS FROM AND AGAINST ALL CLAIMS OR DEMANDS, INCLUDING ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REASONABLE LEGAL COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OUR SERVICE, YOUR BREACH OR VIOLATION OF OUR TERMS OF SERVICE, OR YOUR BREACH OR VIOLATION OF ANY RIGHTS OF ANOTHER OR ANYBODY ACCESSING THE SERVICE USING YOUR ACCOUNT.

26. Refunds

There are no refunds available for transactions that have been processed by us. Members must ensure they have fully read and understood any product/service offering including our Terms and Conditions and Privacy Policy prior to purchase.

27. Annual Membership Fee

Public Members (including Clients of Professional Members):

A pre-paid annual Membership fee is payable by a Member. Upon registration, a Member can select how many years' Membership they would like to purchase (i.e. 1, 2, 5, or 10 years). Please refer to the Fees section of this site for pricing details. Prices may vary according to market conditions. If a Member has registered through a Professional, all future annual Membership fees will be charged directly to the Member (Professional's client) and NOT to the Professional. A Member can view their remaining Membership period anytime, by logging into their account and selecting 'Settings', 'Membership Expiry Date'. To renew a Membership, select 'Renew Membership' next to 'Membership Expiry Date'. If a Membership is renewed prior to expiry, the remaining Membership period is carried over. If a Membership expires, the associated account benefits will be de-activated (i.e. restricted access), until all outstanding payments have been processed by us. If the Membership has expired for a considerable period of time, the Registry is entitled to terminate the account at its discretion. A courtesy email and/or invoice will be sent to a Member to remind them of any upcoming or outstanding payments.

28. Professional Plan Annual Fee

A pre-paid annual fee is payable for all Professional plans, other than the Free Bronze Plan.Upon signing up to a Professional plan, you will receive all the associated benefits of that particular Plan. Refer to the ‘Fees’ section of the site to identify the maximum number of Professional accounts allocated to a plan and the plan pricing details.. Prices may vary according to market conditions. The Professional account Administrator can view the remaining plan period anytime, by logging into the Administrator account, selecting 'Edit Profile', and viewing the 'Membership Expiry Date'. To renew a plan, select 'Click to Renew Your Plan' next to 'Membership Expiry Date'. When a plan is renewed prior to expiry, the remaining plan period is carried over. If a Professional plan expires, the associated benefits of the account will be de-activated (i.e. restricted access to the Administrator and Professional account(s)) ,until the plan has been activated and any outstanding payments have been processed by us. Information stored on any Professional account(s) that have expired will remain on our system indefinitely. Importantly, a Client Member Account(s) formed by a Professional Member will not be affected by an expired Professional account and will continue to operate as per normal.

29. Upgrading or Downgrading a Paid Professional Plan

The Professional account Administrator can upgrade or downgrade from an existing Professional plan (if the number of existing Professional accounts are not greater than the number of accounts permitted in the new plan) anytime, by logging into the Administrator account, selecting 'Edit Profile', 'Click to Renew Your Plan' located next to the 'Membership Expiry Date'. Once a new plan has been selected, the payment page will appear to proceed with the transaction. Subscription to a particular plan will begin after successful payment has processed by us. If upgrading or downgrading from an existing plan prior to expiry, the remaining plan period is carried over. Upon switching plans, a new yearly Membership will begin, that incorporates the associated benefits of the new plan.

30. Entity/Charity Bequest Listing Service

Any Entity/Charity that signs up to be promoted on our site (i.e. Gift/Bequest Listing in the Australian Legal Will creation questionnaire) is bound by the Service Agreement that is in place. In the absence of a Service Agreement, if a Gift/Bequest and/or Active Donor Request is made to an Entity/Charity that is either listed or not listed on our Site, then a standard Gift/Bequest Referral Notification fee will apply in order for the Gift/Bequest and/or Active Donor Notification details to be released to the Entity/Charity. A Service Agreement may be implemented at this time, if there is not one already in effect. The Gift/Bequest Referral Notification and/or Active Donor Request details will be released to a Entity/Charity once the Gift/Bequest Referral Notification and/or Active Donor Request fee is paid. If a Member (Will-maker) edits/updates their Will, leading to a change in the Gift/Bequest and/or Active Donor Request amount, the standard Gift/Bequest Referral Notification and/or Active Donor Request fee will apply as a function of utilising this service. If however, a Member (Will-maker) edits/updates their Will within the first 12 months of creation - leading to the removal of the Gift/Bequest and/or Active Donor Request to the Charity/Entity, The Registry will credit the standard Gift/Bequest Referral Notification fee and/or Active Donor Request fee to the Charities/Entities main Business Administration Account. Any credit(s) will remain in the Business Administration Account until they are used to pay for a future transaction. Note, credit(s) can only be used to offset any purchases/fees due, and are unable to be cashed-in.

31. Traffic

Traffic Statistics may be recorded by us in order to monitor the efficiency and effectiveness of this web site and any business undertaken by us.

32. Advertising Standards

All advertising material must be pre-approved by us. Parties interested in advertising on this site should contact us via email via the following URL: https://theaustralianregistry.com.au/willregistry/post_ads and forward their advertising request. Advertising material/Logo's/Web site links should relate to the services being provided on this site and not in any way detract from them

33. Links from this Web Site to other web sites

You must secure written permission from us prior to hyper-linking to, or framing, this web site or any of its contents, or engaging in similar activities. We reserve the right to refuse or to impose conditions when permitting any hyper-linking to, or framing of this web site or any of its contents.

Hyperlinks to other web sites are provided as a convenience. In no circumstances shall we be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on web sites to which this web site is linked..

34. Links to this Web Site from other web sites

Except as set forth below, caching and links to, and the framing of this web site or any of its contents are prohibited.

You must secure written permission from us prior to hyperlinking to, or framing, this web site or any of its contents, or engaging in similar activities. We reserve the right to refuse or to impose conditions when permitting any hyperlinking to, or framing of this web site or any of its contents.

Your linking to, or framing any part of this web site or its contents constitute acceptance of these Terms and Conditions. This is deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue linking to, or framing of this web site or any of its contents.

In no circumstances shall we be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this web site or any of its contents.

We reserve all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

The Australian Registry of Wills, Deeds and Documents reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Web Site or any of its contents.

We reserve the right to disable any unauthorised links or frames and disclaim any responsibility for the content available on any other site reached by links to or from this web site or any of its contents.

35. Social media content you submit to our Social Media Sites

35.1. When a user of any of our Social Media Sites (“ Social Media Site User ”) submits any personal information or materials via a Social Media Site including text, comments, recordings, images or otherwise (“ Social Media Site User Content ”), the Social Media Site User, unless the Registry advises otherwise, licenses and grants the Registry, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Social Media Site User Content for any purpose in any media (including but not limited to, company brochures and other marketing and/or advertising material), without compensation, restriction on use, attribution or liability.

35.2. Social Media Site Users agree that they are fully responsible for the Social Media Site User Content they submit. The Registry shall not be liable in any way for such Social Media Site User Content to the full extent permitted by law and shall not be deemed or considered to in any way authorise, endorse, approve or support any material submitted by any Social Media Site User. The Registry may screen and/or remove and/or re-quest that the third party operator of any social media site or website remove any Social Media Site User Content without notice for any reason whatsoever. Social Media Site Users warrant and agree that:

(a) they will not submit any Social Media Site User Content that is unlawful, fraudulent, or which may breach any intellectual property rights, pri-vacy, publicity or other right, or is unreasonably commercial (for example, a ‘guerrilla marketing’ attempt), defamatory, obscene, profane, de-rogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, misleading or deceptive, or otherwise unsuitable for publication;

(b) they will obtain prior consent to the submission of their Social Media Site User Content from all persons who appear in (for example, in photo-graphs) or have any rights in relation to any property that appears in or forms part of their Social Media Site User Content;

(c) their Social Media Site User Content will be their own original work and, to the extent that any rights in that work (including copyright) are not owned by the Social Media Site User, they will obtain full prior consent from any person who has jointly created or has any rights in the Social Media Site User Content, to the uses and terms herein;

(d) their Social Media Site User Content shall not contain viruses or cause injury or harm to any person or entity or device; and

(e) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer, mobile communications device or any other communication systems.

35.3. Without limiting any other terms herein, the Social Media Site User agrees to indemnify the Registry (and any of its related bodies corpo-rate) for any loss or expense the Registry and/or any of its related bodies corporate may suffer in relation to any breach of the above terms.

35.4. Social Media Site Users consent to any use of their Social Media Site User Content in accordance with term 36 which may otherwise in-fringe their moral rights pursuant to the Copyright Act 1968, including the Registry or its affiliates and sub-licensees using and reproducing that Social Media Site User Content without attributing it to the Social Media Site User, or making modifications or adaptations to the Social Media Site User Content for the purpose of reproducing, publishing or displaying that modified or adapted content in another media. Social Media Site Users warrant and agree that they will, prior to its submission, obtain an equivalent consent from each other person who has created the Social Media Site User Content. The Social Media Site User agrees to indemnify the Registry (and any of its related bodies corporate) against all costs and claims by third parties arising from a breach of this warranty.

36. Governing Law and Jurisdiction

You agree that these Terms and Conditions shall be governed and construed in accordance with laws of the State of Victoria, and you submit to the exclusive jurisdiction of the courts of Victoria.

37. Waiver and Severability

If we waive any rights available to us under any terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue to be valid and enforceable.

38. Document Storage

The Registry may from time to time store your documents and other information with a highly reputable third party document storage facility, e.g., TelstraAmazon, or the i Cloud. In that event, you agree to indemnify and save the Registry harmless from any loss and damage from any cause of action howsoever and wheresoever arising that the Registry might suffer or incur as a result of anything contained on or in any of your documents or information that the Registry has placed with any third party document storage facility.

39. War, Terrorism and Natural Disaster Indemnity

Notwithstanding anything to the contrary contained herein this Policy indemnifies us from any liability caused by Loss or Damage directly or indi-rectly occasioned by, happening through or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, terrorism, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or a significant natural disaster event (e.g. Earthquake, Tsunami, Bushfire) or destruction of or damage to property by or under the order of any government or public or local authority.

40. Policy Information

If you have any questions about this Policy, you can send us an email via the 'Contact Us' page on our website or write to us at: P.O. Box 18354, COLLINS STREET EAST, VIC. 8003. We may change or update this policy from time to time. Any changed or revised policy shall be effective immediately after it is posted on this web page. We will provide notice of any material changes to this policy by posting a notice on this web site or by some other reasonable means.

41. Dispute Resolution Process

We offer an internal dispute resolution service in relation to any concerns or complaints you may have about the Registry. If a dispute is not re-solved to your satisfaction through our internal dispute resolution service, you may then refer your concern or complaint to an external dispute resolution service.

41(a). Internal Dispute Resolution Service

Step 1: In the first instance, please write to us regarding any concern or complaint you may have at the address below. We will look into your case and endeavour to resolve any issue raised. You should receive a response from us within 14 business days of us receiving your letter.

Step 2: If you are not satisfied with our initial response, please write to the ‘Dispute Resolution Manager’ who will handle your matter personally. You should receive a response from us within 14 business days of us receiving your letter.

Address: Australian Registry of Wills, Deeds and Documents Pty. Ltd.
P.O.Box 18354, Collins Street East,
Melbourne, VIC, 8003

41(b). External Dispute Resolution Service

Step 3: In the event that we are unable to resolve your concern or complaint internally via Steps 1 & 2, you may raise the matter with the Office of the Australian Information Commissioner via the details below. This is an Australian Government body offering free and accessible dispute resolu-tion services to clients. This service is available to clients who have attempted to resolve their complaint internally within their organisation.

Telephone: 1300 363 992 (if calling from outside Australia including Norfolk Island please call: +61 2 9284 9749)

National Relay Service:

  • Teletypewriter (TTY) users phone 133 677 then ask for 1300 363 992
  • Speak and Listen users phone 1300 555 727 then ask for 1300 363 992
  • Internet relay users connect to the National Relay Service then ask for 1300 363 992

Post: Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
Fax: +61 2 9284 9666
Email: enquiries@oaic.gov.au
Website: http://www.oaic.gov.au/privacy/making-a-privacy-complaint

42. Privacy of Information

Web Sites that List People's Information: Listing a person's information (such as a person's name, address and phone number) is available through a number of web sites and third parties. This site allows you to control any listed information you Register with us and in doing so, helps protect the privacy of your information and any secondary or third parties' information that you may provide. You may refer to the following web sites to help you gain a better understanding of the availability and use of listing information on the internet. The web sites publish or sell listing information in some form.

  • Addresses.com
  • Bebo.com.au
  • Facebook.com.au
  • InfoSpace.com
  • Linkedin.com
  • MySpace.com
  • PeopleFinders.com
  • Reunion.com.au
  • Switchboard.com
  • Twitter.com
  • Yahoo! People Search.com.au
  • Whitepages.com.au
  • ZabaSearch.com

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