Overview

1.1 This clause applies where You access VEVO.

1.2 You must obtain the informed consent of the person about whom an inquiry is made (Affected Person) each time the VEVO Business Service is used in relation to that Affected Person. The following must be clearly explained to the Affected Person:

a. the purpose of the inquiry by your organisation;
b. the information to be obtained by your organisation; and
c. the fact that if the Affected Person is not entitled to be in Australia, the Commonwealth may use information obtained from the VEVO Business Service to locate the Affected Person so that he or she can make an informed decision about whether to allow access their personal information.

1.3 You are expressly prohibited from using the VEVO Business Service to make enquiries about an Affected Person if that person’s consent has not been obtained pursuant to clause 1.2.

1.4 You must not make enquiries about Affected Persons greater than the number indicated in the relevant Order Form within any 24 hour period using the VEVO Business Service. If this quota is exceeded, the User Account for the VEVO Business Service may be disabled.

2. Disclaimer

2.1 The Commonwealth provides the VEVO Business Service and all Services, on an ‘as is’ and ‘as available’ basis for your use.

2.2 The Commonwealth will endeavour to ensure that information provided through the VEVO Business Service is accurate, but:

a. makes no statements, representations, or express or implied warranties (to the extent permitted by law) that the content of and information accessed through the VEVO Business Service, or any linked site is, or will be at any time, accurate, complete, reliable, correct or free from error or omission; and
b. makes no representations about the suitability of information provided on the VEVO Business Service for any particular purpose.

You should make your own judgements about those matters and should seek verification or independent advice before taking any action based on information accessed via the VEVO Business Service.

2.3 If you rely upon information accessed via the VEVO Business Service that is incorrect, and such reliance results in you being in breach of Australian legislation, to the extent permitted by law, the Commonwealth will take into account your reliance on such information in determining whether the matter will be referred to the Director of Public Prosecutions for prosecution, and deciding whether any other action should be taken.

2.4 To the extent permitted by law, the Commonwealth does not warrant that:

a. the VEVO Business Service will be available at any particular time or location;
b. the VEVO Business Service and access to it will be uninterrupted;
c. any defects or errors in the VEVO Business Service will be corrected; or
d. the VEVO Business Service is free from viruses or other harmful components.

2.5 As a result of hacking or other behaviour that is outside the control of the Commonwealth, information or materials that may be offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the VEVO Business Service. The Commonwealth makes no representation and gives no warranty that data accessible for viewing through the VEVO Business Service will generally be acceptable to adults or suitable for minors.

2.6 You assume all risks associated with the use of the VEVO Business Service, including without limitation:

a. the risk of your computer, software or data being stolen, or damaged as a result of a virus or other online threat which might be transmitted or activated via the VEVO Business Service or your access to it; and
b. the risk that the content of the VEVO Business Service and linked websites complies with the laws of any country outside Australia.

3. No Liability

3.1 To the extent permitted by law, the Commonwealth is not liable, and excludes all responsibility for, any direct, indirect, punitive, incidental, special or consequential damages that result in any way from your use of or inability to use the VEVO Business Service, or your reliance on or use of the Services accessible through the VEVO Business Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not the damages are caused by any negligence on the part of the Commonwealth, its agents, officers or employees.

3.2 To the extent permitted by law, the Commonwealth is not liable, and excludes all responsibility for, any direct, indirect, punitive, incidental, special or consequential damages that result from a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services or to your downloading of any material posted on it, or on any website linked to it.

3.3 You agree to indemnify the Commonwealth from and against any loss, cost or expense incurred arising from any claim, suit, demand, action or proceeding by any person against the Commonwealth arising from your use of the VEVO Business Service.

4. Definitions

‘Affected Person’ the person about whom an inquiry is made
‘Commonwealth’ means Commonwealth of Australia, represented by the Department of Home Affairs (Home Affairs / the Department).
‘Services’ means all materials, information, software, advice and services including ongoing changes provided or available through the VEVO Business Service.
‘VEVO Business Service’ means the Business to Business (B2B) VEVO Web Service site and all associated materials, information, software, advice and services including ongoing changes provided or available through that site.