These Conditions of Use are to be read in conjunction with the following documents:
1.1 The Registrar of the Australian Business Register (ABR):
1.2 The Business wishes to use (and have the Device Custodian responsible on its behalf for) the AUSkey Device Certificate issued under the CP.
2.1 The CP, the CPS and the AUSkey Device 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 Device Certificate, the Device Custodian and the Business agree in each case to be bound by the CP, the CPS and the AUSkey Device Certificate Conditions of Use current as at that time.
3.1 The Device Custodian and the Business are jointly and severally responsible for the storage and use of the AUSkey Device Certificate including all transactions and communications carried out under or using it.
3.2 The Business and the Device Custodian must ensure that the AUSkey Device Certificate is not used for any unlawful or improper purpose.
3.3 The Business warrants that the Device Custodian has full authority to manage the use of the AUSkey Device Certificate on the Business' behalf.
3.4 The Business and the Device Custodian permit the ABR CA to (and to authorise others to) publish information relating to the AUSkey Device Certificate, the Business and the Device Custodian for the purposes of AUSkey System and as indicated in the CP and CPS.
3.5 All intellectual property rights in the AUSkey Device Certificate are owned by (the ABR CA as custodian for) the Commonwealth of Australia. The Device Custodian and the Business may only reproduce, publish and transmit the AUSkey Device Certificate (in unaltered form) for the purposes of its use in accordance with the CPS, the CP and these Conditions of Use.
4.1 The Device Custodian and the Business must not:
4.2 The Device Custodian and the Business must promptly advise the ABR CA if:
5.1 The circumstances under which the ABR CA may revoke the AUSkey Device Certificate are described in the CP and the CPS.
5.2 The AUSkey Device Certificate must not be used for any purpose after it has been cancelled.
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 Device 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:
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, ABR Registration Authority, the Registrar, the Commonwealth, and their respective officers, employees and agents.
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.