SBR Disclaimer and conditions of use

Standard Business Reporting (SBR) Disclaimer and Conditions of Use

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS BY CLICKING THE BUTTON LABELLED "I ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK THE BUTTON LABELLED "CANCEL". IF YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS IS IN YOUR CAPACITY AS A REPRESENTATIVE OF AN ORGANISATION, BY CLICKING THE BUTTON LABELLED "I ACCEPT" YOU REPRESENT AND WARRANT THAT YOUR ACCEPTANCE IS ON BEHALF OF THE ORGANISATION AND IS DULY AUTHORISED BY THAT ORGANISATION AND THAT THE ORGANISATION HAS AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS.

Access to, and use of, the Information and Material is conditional upon your acceptance and compliance with these terms and conditions. These terms and conditions represent a binding agreement between you and the Commonwealth and both parties acknowledge that they have received valuable consideration for entering into this agreement.

Use of SBR material is at your own risk

The Information and Material is designed to help people use SBR and, where relevant, to develop software for use with SBR. The Information and Material is only intended to provide guidance. You should rely exclusively on your own skill and judgment when using the Information and Material, and should obtain appropriate professional advice to ensure it is suited to your particular circumstances.

Information and Material is provided 'as it is' and 'as available'

The Information and Material is provided 'as it is' and 'as available'. The Commonwealth and its Personnel and the SBR Agencies and their Personnel will endeavour to verify the accuracy and currency of the Information and Material. The Commonwealth and its Personnel and the SBR Agencies and their Personnel will also employ a quality process for the SBR Taxonomy as detailed in Quality Statement. However, the Commonwealth and its Personnel and the SBR Agencies and their Personnel do not guarantee that the Information and Material is up to date and accurate and assume no responsibility for any errors or omissions in the Information or Material, or for the unavailability of, or fault in, the Information and Material.

Disclaimer and limitation of liability

Subject to any statutory rights that cannot be excluded and to the extent permitted by law:
(a) the Commonwealth and its Personnel and the SBR Agencies and their Personnel make no representation, and give no warranty of any kind, whether express or implied, in respect to SBR Core Services (including its availability), the SBR website or any Information or Material, including in relation to the accuracy, completeness or currency of the Information and Material or that the Information and Material will be of satisfactory or merchantable quality or fit for any particular purpose; and
(b) the Commonwealth and its Personnel and the SBR Agencies and their Personnel will not be liable for any loss, cost, expense or damage (direct, indirect or consequential) whatsoever that is related to this agreement or the Information and Material and no matter how arising even if you have advised the Commonwealth and its Personnel or the SBR Agencies and their Personnel of their possibility. This includes without limitation:
(i) any loss or damage resulting from the use or performance of SBR Core Services, the SBR website or any Information or Material or the use of any third party software; or
(ii) loss of production or operating time; or
(iii) loss, damage or corruption of data or records; or
(iv) loss of anticipated savings, opportunity, revenue, profit or goodwill, or other economic loss; or
(v) any loss or damage from loss of access to, or the suspension or termination of, SBR Core Services or access via SBR Core Services to all or any SBR Agency for all or any software products, reports and information and no matter what the reason for that loss of access, suspension or termination.

Indemnity

You must indemnify the Commonwealth and its Personnel and the SBR Agencies and their Personnel from and against any:
(a) liability incurred by the Commonwealth and its Personnel or the SBR Agencies and their Personnel; or
(b) loss or damage to, or diminution in the value of property (including intellectual property) of the Commonwealth and its Personnel or the SBR Agencies and their Personnel; or
(c) loss or expense incurred by the Commonwealth and its Personnel or the SBR Agencies and their Personnel in dealing with any claim including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Commonwealth and its Personnel or the SBR Agencies and their Personnel,
arising from:
(d) the use by you of the Information and Material including any derivative works and the incorporation of the Information and Material into your or third party products; or
(e) the provision by you of the Information and Material to any third party; or
(f) the use of the Information and Material, derivative works and your or third party products by your licensees, end users or third parties; or
(g) any breach of this agreement; or
(h) any wilfully wrong or negligent act or omission by you under or in connection with this agreement.

Your liability under this indemnity will be reduced proportionately to the extent that any negligent act or omission by the Commonwealth and its Personnel or the SBR Agencies and their Personnel contributed to the relevant liability, loss or damage or loss or expense. The right of the Commonwealth and its Personnel and the SBR Agencies and their Personnel to be indemnified under this agreement is in addition to, and not exclusive of, any other right, power or remedy provided by law.

Benefit of Limitation of Liability and Indemnity

You acknowledge that the Commonwealth will hold the benefit of the limitation of liability and the indemnity under this agreement on trust for the SBR Agencies and you acknowledge and agree that such provisions can be enforced by the Commonwealth at its sole discretion on behalf of itself and either by the Commonwealth on behalf of one or more SBR Agencies or by an SBR Agency on behalf of the Commonwealth.

Intellectual Property Rights and Licence

You are not granted any title to intellectual property (including copyright) in the Information and Material as a result of this agreement. Subject to any limitations set out in the relevant Information and Material, the Commonwealth grants to you a royalty free, non-exclusive, world-wide licence to install, use, copy, adapt, modify and prepare derivative works of the Information and Material including incorporating such Information and Material into your products. You may also sub-licence the rights to install and use the Information and Material to third party users of your products. Except to the extent expressly permitted by applicable law or as otherwise set out in this agreement, you must not sell, rent, lease, license, or sublicence the Information and Material. You must retain the specified copyright and proprietary notices from the Information and Material in any copies of the Information and Material including in any adaptations, modifications and derivative works that you create.

Documentation

We are under no obligation to provide Documentation to you. We may make technical and operational documentation available where it is provided by a third party including electronically by way of a link to a website. Where Documentation is provided, it is subject to the licence applicable to Information and Material and any additional limitations specified in, or accompanying, the Documentation.

Maintenance and Support

At the Commonwealth's discretion, we may provide maintenance and support for the Information and Material (excluding any third party Information and Material) but you acknowledge that we are not required to provide you (or your sub-licensees) with any ongoing maintenance or support for the Information and Material. Where we provide you with any updates, new versions, amendments or enhancements of the Information and Material, they are provided subject to the same licence as the original Information and Material.

The contents of the Information and Material and the SBR website may change

The content of the Information and Material and the SBR website is subject to constant development and may change at any time including without limitation to reflect changes in the legislative and administrative requirements of the Commonwealth and the SBR Agencies. The Commonwealth reserves the right to amend the Information and Material and the SBR website at any time and will endeavour to update the Information and Material and the SBR website in a reasonable timeframe and manner to reflect changes and developments. You are responsible for ensuring that you use the most up to date version of the Information and Material and for regularly checking the contents of the SBR website.

Endorsement

You acknowledge and agree that:
(a) the Commonwealth and its Personnel and the SBR Agencies and their Personnel do not as a result of this agreement or the licence granted under it endorse any of your products or services, including any derivative works, or any commercial interest that you may have in any other products or services. You agree not to misrepresent your relationship with the Commonwealth and its Personnel or the SBR Agencies and their Personnel; and
(b) you are not entitled, by virtue of this agreement, to use any Commonwealth or SBR Agency branding, trademark (whether registered or unregistered) or logos on your products or services, including any derivative works. The use of any Commonwealth or SBR Agency branding, trademark (whether registered or unregistered) or logo is subject to you entering into another agreement.

Discontinue Use

If you fail to, or cannot comply with, any of the terms and conditions in this agreement, you must immediately:
(a) remove the Information and Material from your information and/or technology related systems and cease any further use of the Information and Material; and
(b) notify all of your licensees to whom you have sub-licensed the Information and Material of the termination of their sub-licence.

Unless advised by the Commonwealth, for any sub-licences existing at the date of termination, termination of your licence does not affect the rights of third party users to use your products which incorporate the Information and Material, provided that their use complies with the terms and conditions of this agreement.

The Commonwealth will use its best endeavours to maintain access to SBR Core Services or access via SBR Core Services to all or any SBR Agency. However, the Commonwealth reserves the right to suspend or terminate access, at any time without notice, for all or any software products, reports and information. Where possible, we will advise you of the suspension or termination in advance.

Laws

This agreement is to be construed in accordance with, and any matter related to it is to be governed by, the law of the Australian Capital Territory. The parties submit to the jurisdiction of the courts of the Australian Capital Territory.

We are not responsible under any circumstances for your compliance with laws and regulations in force in Australia or any other country, including in relation to export control and you must ensure that you abide by all such laws and regulations and obtain all relevant consents or licences as may be required to comply with those laws and regulations.

Interpretation

In this agreement, unless the context indicates otherwise:

Commonwealth or we means the Commonwealth of Australia acting through and represented by the Department of the Treasury ABN 92 802 414 793 and includes any department, agency or authority of the Commonwealth which is from time to time responsible for administering this agreement.

Documentation means any documentation we provide to you and includes all printed and electronic documentation however distributed (e.g. USBs, CDs and DVDs) or other materials provided with or in relation to the Information and Material.

Information and Material means the documents, data, SBR Taxonomies, specifications, tools and services provided on, or accessible via, the Software Developers' Kit on the SBR website and includes Documentation.

Personnel includes a party’s officers, employees, agents, contractors and professional advisers.

SBR Agencies means the:

Australian Bureau of Statistics (ABS);
Australian Prudential Regulation Authority (APRA);
Australian Securities and Investments Commission (ASIC);
Australian Taxation Office (ATO);
each State or Territory as represented by the agency or department responsible for that State or Territory's involvement in the SBR Program; and
any other entities that may be included in the SBR Program.

SBR Core Services means the set of capabilities hosted by the ATO that, together, will deliver the integration, consistency, availability, reliability and security necessary for businesses, and those that report on their behalf, to interact electronically with the SBR Agencies for the submission of reports and information via SBR enabled software.

SBR Program means the Standard Business Reporting Program within the Commonwealth Department of the Treasury.

SBR Taxonomy means:

the SBR Definitional Taxonomy which provides common harmonised definitions of data concepts so you can exchange reports with the SBR Agencies;
the SBR Reporting Taxonomies which provide terminology, guidance, business rules (including validation rules) and structure so you can exchange reports electronically with the SBR Agencies; and
any associated components.

SBR website means www.sbr.gov.au and any other SBR Program website.

Guidance on construction of agreement

A provision(s) or part of a provision(s) of this agreement that is illegal or unenforceable may be severed from this agreement and the remaining provisions or parts of the provisions of this agreement continue in force.

This agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

A provision of this agreement will not be construed to the disadvantage of a party solely on the basis that it proposed that provision.

We may amend this SBR Disclaimer and Conditions of Use, including without limitation by amending the list of SBR Agencies. Any amendment of this SBR Disclaimer and Conditions of Use will take effect when published on www.sbr.gov.au. If you continue to use or access the Information and Material following this time, you agree to the terms of the amendment.

We invite your comments

To help keep the content of the Information and Material and the SBR website up to date, accurate and complete, we invite you to let us know if you detect any errors or omissions or have any suggestions for improving the Information and Material and the SBR website. Please email sbr@treasury.gov.au.

By clicking on the “I Accept” button on this page, you accept the above terms and conditions and agree to be bound by these terms and conditions.

Last updated 24 June 2010