Terms and Conditions

Terms & Conditions of Use

This web page details the terms of a legal agreement (the "Terms & Conditions of Use") between you and The Reg Watch PTY LTD., also acting on behalf of its subsidiaries and affiliates (collectively "The Reg Watch"). By accessing or using this website, or any website or mobile application referring to these Terms & Conditions of Useas its terms (the “Website”), or any Content (as defined below), you acknowledge and irrevocably represent that you have read and understood the Terms & Conditions of Use, and you voluntarily and irrevocably accept and agree to be bound by the Terms & Conditions of Use. You also agree to comply with all laws and regulations applicable to the use of this Website, the use of the internet, and the activities involved in using this Website.

If you do not agree with these Terms & Conditions of Use, do not use this Website. If you, or the entity through which you were provided a log-in ID and password, subscribed to certain content or services found on this Website by way of executing a written agreement, in the form of an addendum, order form, or otherwise ("Agreement"), then these Terms & Conditions of Use shall be supplemental to such Agreement, and use of this Website is subject to the terms of the Agreement in addition to these Terms & Conditions of Use. By accessing this Website, you acknowledge that you have read and are bound by the Agreement (if you require a copy of the Agreement, please contact your company's contract administrator).

The Reg Watch reserves the right to vary, amend, remove or add to the Terms & Conditions of Use at any time. Such modifications shall be effective immediately. Your continued access and use of this Website and Content following the posting of modifications to the Terms & Conditions of Use shall constitute your acknowledgment and acceptance of such modifications. If, at any time, you do not wish to accept the Terms & Conditions of Use, you must immediately cease to access or use this Website and all Content. Any additional terms, conditions, or modifications to these Terms & Conditions of Terms of Use that are proposed by you shall be of no force or effect unless and until expressly agreed to by The Reg Watch in writing.

1. License

You acquire absolutely no rights or licenses in or to this Website and any text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, audio, video, artwork, computer code, information, data and material therein, including ratings or scores (collectively, the "Content") other than the limited right to utilize this Website and Content for your own personal, internal, non-commercial purposes in accordance with these Terms & Conditions of Use.

2. General Restrictions on Use

You will not in connection with your use of this Website and all Content therein: (a) violate any applicable local, state, national or international law, statute, ordinance, rule or regulation, including without limitation those relating to competition or antitrust; (b) interfere with or disrupt the computer networks of The Reg Watch or attempt to do so; (c) forge headers or in any manner manipulate identifiers in order to disguise the origin of any information; (d) download, upload, post, transmit, publish, or distribute any material that infringes, violates, breaches or otherwise contravenes the rights of The Reg Watch or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (e) interfere with or disrupt the use of this Website by any other customer or user or reverse look-up, trace or seek to trace any information on any other user of or visitor to this Website, or any other customer of The Reg Watch, including any The Reg Watch account not owned by you; (f) probe, scan or test the vulnerability of this Website or any network connected to this Website or attempt to gain unauthorized entry or access to the computer systems of any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Website or The Reg Watch's systems or networks, or any systems or networks connected to this Website or to The Reg Watch; or (h) download, upload, post, transmit, publish or distribute any material or information that constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law.

You may not use any linking, deep-linking, framing or page-scraping technology, robots, spiders or other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, distribute, display or monitor any portion of this Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Website.

Unless provided otherwise in an Agreement, you hereby agree and acknowledge that you are expressly prohibited from: (i) making available all or any portion of the Content to any other person or entity, except as expressly permitted in these Terms & Conditions of Use or in an Agreement; (ii) creating derivative works from the Content; and (iii) using the Content in the provision of any services to third parties. In addition, you shall not distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the Content.

You shall not use the Content to develop, support, create or provide pricing for: (i) any database or product that competes directly with the Content or any other The Reg Watch product or service offered in the marketplace or would create a functional substitute for any such The Reg Watch products or Content; or (ii) any index.

You may download and use certain Content that is purposely and expressly made available by The Reg Watch for downloading from this Website, provided that you: (i) do not remove any proprietary notice or disclaimer language in any copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any representations or warranties relating to same.

3. Delivery and Security

You shall solely be responsible for any and all necessary equipment and connections from your own computer systems to The Reg Watch systems that will allow for access to this Website and delivery of the Content. The Reg Watch shall have no responsibility for any such equipment or connections. You shall ensure that you have implemented security systems and procedures to prevent unauthorized access to or misuse or disruption of this Website or Content.

4. Intellectual Property

The ownership and intellectual property rights of this Website including all Content, models, software, information, data, documentation, computer programs, systems, customizations, enhancements thereto, and the design, structure, selection, coordination, expression of "look and feel" and arrangement of the Content, and enhancements, modifications or additional Content thereto shall be the sole and exclusive property of The Reg Watch and you shall not: (i) copy such material for any purpose (including by reverse engineering) or disclose it to any third party for any purpose whatsoever; (ii) by act or omission infringe upon The Reg Watch's intellectual property rights in this Website or Content. You acknowledge that this Website was developed, compiled, prepared, revised, selected and arranged by The Reg Watch and others (including certain third- party information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitute valuable intellectual property and trade secrets of The Reg Watch.

You hereby agree to use commercially reasonable efforts to protect the proprietary rights of The Reg Watch in this Website and Content. You irrevocably agree and acknowledge that, as between you and The Reg Watch, this Website and Content, as may be amended from time to time, is the sole and exclusive property of The Reg Watch, and shall not be considered works for hire. You shall honour and comply with all reasonable written requests made by The Reg Watch to protect its contractual, statutory and common law rights in this Website and Content. You agree to notify The Reg Watch in writing promptly upon becoming aware of any unauthorized use of this Website or Content or any claim that any or all of this Website or Content infringes upon or constitutes any unlawful use of any copyright, database right, trademark, or other proprietary, intellectual property, contractual, statutory or common law rights of a third party.

Trademarks. You shall not use any of The Reg Watch's trademarks, trade names or service marks in any manner, and in no event in a manner accessible by or available to any third party. You acknowledge that you have no ownership or license rights in or to any of these names or marks.

Copyright. This Website and Content is protected as a collective work or compilation under AU copyright and other laws and treaties. All data, information, articles, columns and other elements making up the Content are copyrighted works and The Reg Watch hereby reserves all rights.

Copyright Infringement Claims. We respect the intellectual property rights of others, and require that the people who use this Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to The Reg Watch administrators named below:

The Reg Watch
17 Uralba Place
North Wahroonga
2076, NSW, Australia
Attention: Legal Department
info@theregwatch.com

Include:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. Privacy Policy

The Reg Watch is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.

What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include names, addresses, email addresses, phone and facsimile numbers.

This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website theregwatch.com, from your website, from other publicly available sources, and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.

Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:

• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.

Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information
You may access the Personal Information we hold about you and update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

The Reg Watch will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information
It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates
This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:

The Reg Watch
info@theregwatch.com

6. Links to Third Party Wesites

This Website may contain links to websites of third parties. These links are provided to you as a convenience, and The Reg Watch is not responsible for the content of any linked website. In addition, a link to any non- The Reg Watch website does not imply that The Reg Watch endorses or accepts any responsibility for the content or use of such a website.

7. Subscription

Your subscription gives you digital access to The Reg Watch content you subscribed for during your subscription period. If there are different tiers of subscription then your subscription only gives you access for the tier for which you subscribed.

All Digital access means unlimited access to our digital services on any device for the particular subscription tier to which you have subscribed.

We reserve the right to modify the content, inclusions, type and availability of any digital product at any time. We also reserve the right to enable free access to part or all of our content for periods of time and you will not be eligible for a full or partial refund of your subscription fees if we do this.

We reserve the right to reject any order for subscription at any time. Subscription fees are not refundable except to the extent expressly set out in these terms and conditions of use.

We are not responsible and have no liability for any claim relating to a situation where you have entered incorrect details as your contact details in your subscription order. It will be your responsibility to report any such errors to us as soon as you become aware of this and if we decide to provide you with any credit as a result, such credit may (at our option) take the form of an extension to your subscription expiry date or a reduction in the price of your next subscription payment.

We will not be liable to you for any loss or damage that you or any other person or company may incur in connection with your subscription, whether direct, indirect, consequential or otherwise. In any case, our maximum liability to you directly or indirectly in relation to your subscription is limited to an amount equal to the subscription fees paid by you to us in the 12 month period before the claim.

Your subscription is for your personal use only. You are not permitted to use your subscription for any commercial purpose, including to on-sell your subscription to any third party.

Payment may be made by your nominated payment method which can include direct debit. Where you pay by direct debit, it is your responsibility to make sure you have enough clear funds in your bank account for the direct debit payment to be deducted. It is your responsibility to check your bank account statements to make sure that the correct amounts are being debited from your account and to let your Account Manager know if you believe you are being billed incorrectly.

We can cancel your subscription and revoke your access to our content if your subscription payment is rejected for any reason. You will then need to resubscribe and the same subscription package will not necessarily be made available to you.

Using your subscription may mean you will incur other expenses (e.g. internet fees, data fees and/or service provider fees) and you will obviously be responsible for these extra expenses.

8. Log-in

You acknowledge that log-on access codes and passwords that are provided to you are for your use only and may not be shared. You shall ensure that your log-on access code and password are kept confidential. You agree to accept sole responsibility for the use and protection of the log-on access codes and passwords provided to you, including protecting the confidentiality of such passwords. You shall use commercially reasonable efforts to prohibit or cease any unauthorized access to this Website or Content.

9. Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and
• to a refund for the unused portion, or to compensation for its reduced value.

10. Disclaimer of Warranties and Limitation of Liability

This website and content provided to you by The Reg Watch shall be on an "as is" basis. Neither of its affiliates make any warranty, express or implied, as to the accuracy, timeliness or completeness of this website or content or as to the results to be attained by you or others from the use of the content. You hereby acknowledge that there are no express or implied warranties of title, merchantability or fitness for a particular purpose or use, and that it has not relied upon any warranty, guarantee or representation made by The Reg Watch or its affiliates, except the representations made by The Reg Watch specifically set forth in this Terms and Conditions of Use.

No liability
Neither The Reg Watch nor its affiliates shall in any way be liable to you or any client of you for any inaccuracies, errors or omissions, regardless of cause, in the content provided hereunder or for any damages (whether direct or indirect) resulting therefrom. Without limiting the foregoing, The Reg Watch shall have no liability whatsoever to you, whether in contract (including under an indemnity), in tort (including negligence), under a warranty, under statute or otherwise, in respect of any loss or damage suffered by you as a result of or in connection with any opinions, recommendations, forecasts, judgments, or any other conclusions, or any course of action determined, by you or any client of you, whether or not based on this website or content.

To the fullest extent permitted by law, under no circumstances will The Reg Watch or its affiliates have any liability to you or any third party accessing this website and/ or the content through you, arising from contract (including under any indemnity), in tort (including negligence), under any warranty (express or implied) under statute or otherwise, in each case for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages with respect to the subject matter of the Terms and Conditions of Use, the content and / or this website, including, but not limited to, in respect of any loss of profits, loss of revenue, lost business, loss of opportunity regardless of whether such damages could have been foreseen or prevented or advised to The Reg Watch. The content contains certain statements, estimates and timelines that constitute forward-looking statements or information. Forward-looking statements or information may be identified by using the words "eta” “finalisation date” “due date” “approval date” targets", "believes", "estimates", "expects", "aims", "intends", "will", "can", "may", "anticipates", "would", "should", "could" and similar expressions in such statements or the negative thereof. These forward-looking statements or information involve known and unknown risks and uncertainties that could cause actual outcomes and results to be materially different from the estimates or results implied or expressed in such forward-looking statements. While in some cases presented with numerical specificity, the estimates are based upon (i) certain assumptions that are inherently subject to significant business, economic, regulatory, environmental, seasonal, competitive uncertainties, contingencies and risks and (ii) assumptions with respect to future business decisions that are subject to change.

There can be no assurance that the forward-looking statements or the underlying assumptions will be realized and that actual results of operations or future events will not be materially different. Under no circumstances should the inclusion of the forward-looking statements or the underlying assumptions be regarded as a representation, undertaking, warranty or prediction by The Reg Watch, or any other person with respect to the accuracy thereof or the accuracy of the underlying assumptions. The Reg Watch disclaims any intent or obligation to update publicly or to revise any of the estimates, whether as a result of new information, future events or otherwise, except as required by law. Visitors to this website are cautioned that forward-looking statements or information are not guarantees of future performance and, accordingly, visitors are expressly cautioned not to put undue reliance on forward-looking statements or information due to the inherent uncertainty therein. Except as required by law, The Reg Watch undertakes no obligation to publicly release any update or revisions to these forward-looking statements to reflect events or circumstances after their time of publication.

11. Indemnification

You will indemnify, defend and hold harmless The Reg Watch and its affiliates, directors, officers, agents, employees, successors, assignsfrom and against any and all losses, liabilities, damages, costs (including reasonable attorneys' fees) and expenses arising as a result of any claims, suits or proceedings (collectively, "Claims") brought by any third party against The Reg Watch arising from your use of this Website and/or Content.

12. Violation of these Terms and Conditions of Use

You agree that The Reg Watch may, in its sole discretion and without prior notice, terminate your access to this Website or certain Content and/or block your future access to this Website or certain Content if The Reg Watch determines that you have violated these Terms and Conditions of Use or other agreements or guidelines which may be associated with your use of this Website. You also agree that any violation by you of these Terms and Conditions of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Reg Watch, for which monetary damages would be inadequate, and you consent to The Reg Watch obtaining any injunctive or equitable relief that The Reg Watch deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Reg Watch may have at law or in equity.

You agree that The Reg Watch may, in its sole discretion and without prior notice, terminate your access to this Website, for cause, which includes (but is not limited to): (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of this Website or any service offered on or through this Website, or (iv) unexpected technical issues or problems.

If The Reg Watch does take any legal action against you as a result of your violation of these Terms and Conditions of Use, The Reg Watch will be entitled to recover from you, and you agree to pay, all reasonable legal costs of such action, in addition to any other relief granted to The Reg Watch. You agree that The Reg Watch will not be liable to you or to any third party for termination of your access to this Website as a result of any violation of these Terms and Conditions of Use.

13. General

Relationship between the Parties. There is no joint venture, partnership, agency or fiduciary relationship existing between you and The Reg Watch, and the parties do not intend to create any such relationship by this Terms and Conditions of Use.

Invalidity. If any provision in or any part of this Terms and Conditions of Use shall be found to be illegal or unenforceable under any enactment or rule of law then that provision or part shall to that extent be deemed not to form part of this Terms and Conditions of Use and the remaining provisions shall continue in full force and effect.

Governing Law. Your access to and use of this Website are governed by and will be construed in accordance with the laws of New South Wales, Australia, without regard to the principles of conflicts of laws of other jurisdictions. Each party submits to the exclusive jurisdiction of the courts residing in Sydney, New South Wales, Australia, for the purposes of determining any dispute arising out of the Terms and Conditions of Use, its construction or the transactions contemplated by it.

14. Third Party Restrictions

In addition to the rights and restrictions set forth in the agreement(s) that you have entered into with The Reg Watch, use of The Reg Watch services is subject to the additional following terms: (i) you may be required to enter into or to comply with the terms of, a third-party licensor agreement, and (ii) you may receive such terms within the service itself or directly by the third-party licensor.

To the extent that you redistribute any third-party services, you must obtain all required approvals for control and redistribution of such third-party services. You are responsible for any and all costs and fees associated with agreements entered into with any such third-party licensor. If a third-party licensor ceases to make one or more of its services available to The Reg Watch, or requires The Reg Watch to suspend or terminate the provision of all or any part of its services to you, or if The Reg Watch terminates its arrangements with the third-party licensor, then The Reg Watch may suspend or terminate that part of its services immediately without notice or further obligation to you.

In order to provide the Services, we may be required to share certain information regarding our agreement with you, your use of The Reg Watch services or Third Party Content or details of The Reg Watch services or Third Party Content provided to you with such third-party licensor.

15. Governing Law

These Terms and Conditions of Use and any issues arising under these Terms and Conditions of Use will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Last updated: 30 April 2023