• Conditions of use - AUSkey

    These Conditions of Use are to be read in conjunction with the following documents:

    1 Background

    1.1 The Registrar of the Australian Business Register (ABR):

    • has established the AUSkey System to facilitate internet-based electronic transactions between Business Entities and participating Agencies
    • is the Certification Authority (CA) for the AUSkey System.

    1.2 The Business wishes to use (and have the Certificate Holder use on its behalf) the AUSkey Standard Certificate issued under the CP.

    • The Business means the entity identified by its Australian Business Number (ABN) in the application for that AUSkey Standard Certificate and as the Organisation in that Certificate.
    • The Certificate Holder means the individual nominated in the application for that AUSkey Standard Certificate to hold it for the Business and identified in that Certificate.

    2 Conditions associated with the AUSkey Standard Certificate

    2.1 The CP, the CPS and the AUSkey Standard Certificate Conditions of Use may change over time. Those current at a given time are those then published on the Terms and Conditions page.

    2.2 By accepting, and by using, the AUSkey Standard Certificate, the Certificate Holder and the Business agree in each case to be bound by the CP, the CPS and the AUSkey Standard Certificate Conditions of Use current as at that time.

    3 Use of the AUSkey Standard Certificate

    3.1 The Certificate Holder and the Business are jointly and severally responsible for the storage and use of the AUSkey Standard Certificate, including all transactions and communications carried out under or using it.

    3.2 The Certificate Holder must not use the AUSkey Standard Certificate for any unlawful or improper purpose.

    3.3 The Business warrants that the Certificate Holder has full authority to use the AUSkey Standard Certificate on the Business' behalf.

    3.4 The Business and the Certificate Holder permit the ABR CA to (and to authorise others to) publish information relating to the AUSkey Standard Certificate, the Business and the Certificate Holder for the purposes of the AUSkey System and as indicated in the CP and CPS.

    3.5 All intellectual property rights in the AUSkey Standard Certificate are owned by (the ABR CA as custodian for) the Commonwealth of Australia. The Certificate Holder and the Business may only reproduce, publish and transmit the AUSkey Standard Certificate (in unaltered form) for the purposes of its use in accordance with the CPS, the CP and these Conditions of Use.

    4 Responsibilities in relation to the AUSkey Standard Certificate

    4.1 The Certificate Holder and the Business must not:

    • disclose the password for the AUSkey Standard Certificate to any other person
    • store the AUSkey Standard Certificate in a keystore to which any other person has access
    • otherwise allow, grant, permit or enable any person other than the Certificate Holder to use the AUSkey Standard Certificate.

    4.2 The Certificate Holder and the Business must promptly advise the ABR CA if:

    • the Certificate Holder is no longer authorised to use the AUSkey Standard Certificate on the Business' behalf
    • it becomes aware of any unauthorised use of the AUSkey Standard Certificate
    • the security of the AUSkey Standard Certificate or its password has been compromised.

    5 Cancellation of the AUSkey Standard Certificate

    5.1 The circumstances under which the ABR CA may revoke the AUSkey Standard Certificate are described in the CP and the CPS.

    5.2 The AUSkey Standard Certificate must not be used for any purpose after it has been cancelled.

    6 Warranty and Indemnity

    6.1 Except as set out in these Conditions of Use, the CP or the CPS, the ABR CA gives no implied or express warranties in relation to the AUSkey Standard Certificate or its use. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.

    6.2 The Business indemnifies the ABR CA against any loss arising from any:

    • failure by it (or the Certificate Holder) to ensure the safety and integrity of the AUSkey Standard Certificate and its password
    • use of the AUSkey Standard Certificate otherwise than in accordance with these Conditions of Use
    • wilful, negligent or unlawful act or omission by it (or the Certificate Holder) in relation to the storage or use of the AUSkey Standard Certificate.

    6.3 The Business' liability under this indemnity is reduced to the extent that any wilful, negligent or unlawful act or omission by the ABR CA has contributed to its loss.

    6.4 A reference in this clause to the ABR CA includes a reference to the ABR CA, the ABR Root Certification Authority, the ABR Registration Authority, the ABR Registrar, the Commonwealth, and their respective officers, employees and agents.

    7 General

    7.1 The CP and the CPS sets out how disputes between the persons referred to in these Conditions of Use are to be resolved.

    7.2 These Conditions of Use are governed by, and are to be construed in accordance with, the laws for the time being in force in the Australian Capital Territory.

    • Last modified: 08 Dec 2015QC 254