| 1 |
Uploader Website Terms
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| (a) |
Perpetual Nominees Limited ABN 37 000 733 700 of Level 12, 123 Pitt Street, Sydney NSW 2000 and or its related bodies corporate (Perpetual) operate the website at
https://uploader.absperpetual.com.au/ (Uploader Website) for use in connection with the data services provided by Perpetual (Services). The Uploader Website enables the customer of such
Services (Company) and its users that have been approved by Perpetual (Authorised Users) to upload information and data relating to residential mortgage backed securities, asset backed
securities, and/or mortgage loans issued by the Company (Company Data) for validation by Perpetual and delivery to the RBA.
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| (b) |
By clicking "I agree", registering to use the Uploader Website, uploading Company Data to the Uploader Website, or otherwise
accessing or using the Uploader Website, the Authorised Users or agents of the Company bind the Company to these terms, the
Perpetual Privacy Policy: ( https://uploader.absperpetual.com.au/Home/PrivacyPolicy) and any other terms relating to the Uploader Website notified to the Company by Perpetual (Terms).
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| 2 |
Registration
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| (a) |
To use the Uploader Website the proposed Authorised Users of the Company must complete an application for registration at
https://uploader.absperpetual.com.au/Account/Register
. The Company must ensure that its proposed Authorised Users provide true and accurate information when completing the application for registration.
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| (b) |
If Perpetual approves an Authorised User of the Company, the Authorised User may access the Uploader Website using the user name and password selected by the Authorised User (User Details). The Company must ensure that its Authorised Users do not share their User Details with any third party.
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| (c) |
Perpetual will only collect, use, store and disclose personal information provided by the Company and its Authorised Users
during the application for registration in accordance with the Perpetual Privacy Policy.
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| 3 |
Use of the Service
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| (a) |
The Company is responsible for all access and use of the Uploader Website by its Authorised Users and their User Details.
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| (b) |
In using the Uploader Website, the Company and its Authorised Users must:
| i |
not upload any data or information other than Company Data; |
| ii |
not alter or modify any part of the Uploader Website or interfere with any features of the Uploader Website, including any features designed to protect security of the UploaderWebsite;
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| iii |
not download, copy, re-sell, re-supply, distribute or commercially exploit any part of the Uploader Website;
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| iv |
not introduce any computer virus or other contaminant (including bugs, worms, logic bombs or Trojan horses) into the Uploader Website;
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| v |
use any automated software routine (e.g. bots) or process to access the Uploader Website; and
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| vi |
comply with any reasonable directions of Perpetual.
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| (c) |
Perpetual may:
| i |
suspend the Uploader Website for maintenance, repair or similar operational reasons, subject to any suspension procedures agreed with the Company; and |
| ii |
update the Uploader Website from time to time at its discretion.
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| 4 |
Limitations and exclusions of liability
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| (a) |
Perpetual provides the Uploader Website on an “as is” basis. To the extent permitted by law, Perpetual excludes all warranties in relation to the Uploader Website.
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| (b) |
To the extent permitted by law, Perpetual excludes all liability under or in connection with this document whether in contract, tort (including negligence), statue, equity or otherwise.
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| 5 |
Suspension and cancellation
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| (a) |
Perpetual may suspend or cancel the Company’s or any Authorised User’s access to the Uploader Website immediately by written notice if:
| i |
Perpetual ceases providing the Services to the Company; or |
| ii |
the Company or an Authorised User breaches these Terms.
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| (b) |
The Company and its Authorised Users must immediately stop accessing and using the Uploader Website if Perpetual suspends or cancels access to the Uploader Website.
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| 6 |
General
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| (a) |
The Company represents and warrants that these Terms constitute valid, binding and enforceable obligations upon the Company.
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| (b) |
The Terms are governed by the laws of New South Wales, Australia. The Company submits to the exclusive jurisdiction of the courts of New South Wales.
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| (c) |
Perpetual may unilaterally vary the Terms from time to time and the Company must comply the varied Terms as notified to the Company at
https://uploader.absperpetual.com.au/Home/TermsAndConditions.
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| (d) |
To the extent permitted by law, the Terms contains the entire agreement of the parties with respect to access and use of the
Uploader Website and supersedes all previous agreements (other than the agreement between Perpetual and Company in respect of
the Services), representations and discussions in relation to the same.
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