Terms & Conditions

Introduction

These terms and conditions (‘Terms’ or ‘Agreement’) form an agreement and apply when we, the Australian Financial Crimes Exchange Ltd (ACN 604 942 618) (“AFCX”, “we”, “our” and “us”), supply our Information Services and Information to you (“Participant”, “you” and “your”).

In this Agreement these meanings apply unless the contrary intention appears:

‘AFCX IQ Portal’ means the electronic platform operated by the AFCX, through or to which the Participant supply or disclose Personal Information and/or through which the Participant obtain access to Information and obtain access to and receive the Information Services.

‘Data Breach’ means any unauthorised access, use, disclosure, alteration, or destruction of Personal Information, sensitive information, or other data that is protected under applicable Privacy Laws, resulting in a compromise of confidentiality, integrity or availability of such data.

‘Laws’ means any statute, law, regulation, ordinance, rule, judgment, order, decree, by-law, approval, resolution, order, directive, guideline, policy or other similar form of decision of, or determination by, or any interpretation or adjudication, in each case, by any concerned Government agency having jurisdiction over the matter in question in Australia as may be applicable to the AFCX IQ Portal, the Parties, the Information or the subject matter of this Agreement, as amended or replaced from time to time, including for the avoidance of doubt, the Privacy Laws, Australian Privacy Principles and National Consumer Credit Protection Act 2009.

‘Information’ means information (including any Personal Information) supplied or made available by the AFCX to the Participant through the AFCX IQ Portal.

‘Information Services’ means the services provided by the AFCX from time to time through the AFCX IQ Portal, including but not limited to a look-up search capability and the provision of Information, as well as any related tools, features or functionalities made available to the Participant under this Agreement.

‘Participant’ means you, being the Australian-based entity that is entering into this agreement with the AFCX.  

‘Personal Information’ has the meaning given to that term in the Privacy Act 1988 (Cth).

‘Personnel’ means an Australian-based employee, agent, contractor, officer, director, auditor and adviser of that Party, and includes Registered Users.

‘Privacy Laws’ means the Privacy Act 1988 (Cth) and includes instruments and codes made under the Privacy Act, including any modification or re-enactment of it or legislation enacted in substitution for it (or any part of it) and the Privacy (Credit Reporting) Code 2024

‘Registered User’ means a person who is based in Australia and is authorised by the Participant to access the AFCX IQ Portal for and on behalf of the Participant.
Security Breach means any unauthorised access, use, disclosure, alteration or destruction of the Participant’s information systems, networks, infrastructure or any third-party systems or infrastructure that process or store the Participant’s information, including but not limited to incidents that compromise the availability, integrity or security of such systems or networks.  A Security Breach includes any event that: (a) results in or could reasonably result in unauthorised or accidental access to, misuse of, or alteration of the Information; or (b) exposes the Information to theft, unauthorised alteration, or destruction, thereby compromising its confidentiality, integrity or availability.

‘Terms of Use’ means the terms governing the Participant (and its Registered User’s) use of the AFCX IQ Portal, amended or substituted from time to time, a copy of the current version is attached at Annexure A.

Terms used in this Agreement that are defined in the Privacy Act 1988 (Cth) have the defined meaning unless the context otherwise requires.

2. Supply of Information & Information Services to the Participant

1.1.    Unless otherwise approved by the AFCX in writing, only Australian-based Registered Users are permitted to procure and use the Information Services and access the Information.  

1.2.    Subject to this Agreement (including the payment of the Fees), the AFCX shall make available and supply the Information Services to the Participant.

1.3.    By accessing the AFCX IQ Portal and using the Information Services, the Participant agrees to follow any reasonable processes, policies and instructions the AFCX advises it in writing from time to time.    

3.    General Acknowledgements & Limitations of the Information

(a)    The provision of the Information Services involves processing and dealing with Personal Information the Participant discloses to the AFCX. The Participant acknowledges that:

(i)    The quality of the Information Services may be directly related and/or impacted by the information (or lack of information) the Participant provides in the search query in the AFCX IQ Portal.

(ii)    The Information may include victim information – such as a victim of impersonation or identification takeover.  

(iii)    The AFCX is not a credit reporting body, credit provider or engaged in any credit activity agency under any Laws. As such, the Information should not be used for the purposes of (i) assessing a person’s eligibility for credit under the Credit Code; (ii) making a decision about whether to provide credit to a person; or (iii) determining a person’s creditworthiness or for any credit-related assessment regulated under applicable credit laws.  The Information Services are provided for general business and informational purposes only and are not intended to be used as the basis for any credit decision or credit reporting activity within the meaning of Applicable Laws. 

4.    Provision of Information Services

(a)    The Information disclosed to the Participant is based on or may refer to information (or some information) that the Participant or a third party has disclosed to the AFCX, including a suspicion or report that unlawful activity has or may have occurred.  The Information may also include details of victims of the relevant activity.  For further information on use of the Information, see 4 below.

(b)    The Participant shall ensure that the network from which the Participant access the AFCX IQ Portal and Information Services is secure. The Participant is solely liable and responsible for the Participant’s use of the Information Services and the Information.

(c)    To access the AFCX IQ Portal the Participant will need to the AFCX an up-to-date operating system and software.  The Information Services are supplied by the AFCX via online means through communication links and networks, and the availability of the Information Services rely on the availability of those links and/or networks. The AFCX shall use reasonable efforts to make sure the Information Services are available, but it does not guarantee that the Information Services will be continuously available or supplied within a certain timeframe, or at all.

5.    Use, Disclosure & Storage of the Information
Use of the Information

(a)    Personnel shall only use the Information to perform services for and on behalf of the Participant and in accordance with this Agreement.  

(b)    The Participant is permitted to the AFCX the Information Services and Information solely for its internal business purposes, specifically for identifying, investigating, preventing and taking action against actual or suspected fraud, fraudulent activity and/or financial crime.

(c)    Registered Users should not use the AFCX IQ Portal or the Information Services to search for, access or retrieve information about themselves or individuals with whom they have a personal or direct connection. All searches and use of the System must be for legitimate, lawful and authorised purposes.

(d)    The Participant acknowledge and agree that the Information is provided to the Participant on an 'as is' basis, without any representations, warranties or guarantees of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, relevance, currency, or completeness, except to the extent that such warranties cannot be excluded under applicable Laws.

(e)    The AFCX IQ Portal may contain partial information or limited characteristics relating to individual, transaction or event, which may not be revealed if the Participant doesn’t search (or only partly-searches) the particular characteristics, field or matter in the search query.  The Information may:

(i)    be based on a third party’s suspicion that unlawful activity or misconduct of a serious nature has been, is being or may have been engaged in; and/or

(ii)    include Personal Information relating to individuals who are victims of actual or suspected financial crime, serious misconduct or unlawful activity.  

(f)    The Information may only be used as an indicator to undertake further investigation or assessment by the Participant.  The Participant is solely responsible for assessing the value and utility of the Information to it, and for any business and/or other decisions the Participant makes, regardless of whether it bases it on or has regard to the Information or not. The Participant should:

(i)    use the Information as an indicator only - it does not constitute conclusive evidence of financial crime, misconduct or unlawful activity - and a prompt for further investigation(s) or assessment within the Participant organisation, and not as the sole basis for any action or inaction; and

(ii)    undertake an independent assessment of the Information in accordance with relevant policies, procedures, views, rules and the Participant’s risk appetite.

(g)    The Participant must not re-sell, re-package, commercially exploit or otherwise use the Information (or the Information Services) in any way other than as set out in this Clause 4.

(h)    If any Personnel cease to provide services to the Participant, the Participant shall ensure that their access to the Information Services (and the Information) is promptly removed.

(i)    If the Participant is in doubt as to how it or any Registered User can use the Information, please speak with the AFCX.

(j)    Any misuse of the AFCX IQ Portal, the Information Services or the Information, including self-searching or unauthorised access to Personal Information may result in the immediate suspension of the Participant’s access or access to the Information Services, and/or such other action as the AFCX deems appropriate. 

Disclosure of Information received by the Participant

(k)    The Information is confidential and valuable to the AFCX, and others. The Participant must safeguard the Information, and treat it as strictly confidential and sensitive, applying the same security measures and processes that the Participant would apply to confidential/sensitive information belonging to itself.  

(l)    The Participant shall only disclose the Information to Personnel who need to know and have obligations of confidence to the Participant that are no less onerous than those set out in this Agreement.  

(m)    The Information, and the existence of the Information and this Agreement, cannot be disclosed to any customer or potential customer of the Participants.

(n)    The Participant must also:

(i)    comply with all applicable Privacy Laws in relation to any Personal Information contained in the Information;

(ii)    not take any action or fail to take any action with respect to Personal Information in the Information that could cause AFCX or any other customer of AFCX to breach their obligations under applicable Privacy Laws, including obligations relating to the collection, use, disclosure, storage, or security of Personal Information;

(iii)    use the Information Services and the Information in a manner that minimises the risk of unauthorised persons accessing or viewing its activity or the Information;

(iv)    not disclose any information to AFCX or use the Information if such disclosure or use could reasonably be expected to prejudice an external investigation into suspected or actual criminal or unlawful conduct; and

(v)    when remotely accessing the System through the Participant’s secure network, ensure that appropriate security measures are in place to prevent unauthorised access, including but not limited to ensuring that a Registered User’s device is securely configured and that any simultaneous network connections do not compromise the security of the System or the Information.

Storage of Information & Confidentiality

(o)    The Participant shall ensure that the Information is secure at all times; protected from misuse, interference, loss, unauthorised access, modification or disclosure; stored in a manner to reasonably protect the Information and in such a way that will identify if there has been a breach of confidentiality and the details of that breach; and treated in accordance with the requirements set out in this Agreement.  To meet this obligation, the Participant shall implement and maintain appropriate technical and organisational measures to ensure the security and confidentiality of the Information. Such measures may include, but are not limited to:

(i)    Implementing access controls, such as role-based access restrictions, to ensure that only authorised Personnel have access to the Information;

(ii)    employing encryption technologies to protect the Information both in transit and at rest;

(iii)    conducting regular security assessments, including vulnerability assessments and penetration testing, to identify and address potential risks to the Information;

(iv)    maintaining up-to-date antivirus and anti-malware software on all systems used to store or process the Information;

(v)    ensuring that all Personnel with access to the Information receive regular training on data protection and confidentiality obligations;

(vi)    establishing and maintaining an incident response plan to address and mitigate the impact of any Security Breach or Data Breach, including procedures for identifying, reporting and responding to such incidents; and

(vii)    regularly reviewing and updating security policies and procedures to ensure compliance with applicable Privacy Laws and industry standards.

(p)    The Participant shall also use reasonable endeavours to ensure that it is not the subject of a Security Breach or a Data Breach

(q)    The Information that the AFCX delivers electronically in the form of a search result can be securely saved onto the Participant’s computer system or printed out for its internal files and processes. The Participant shall not reproduce, modify, save or adapt the Information in any other way.

(r)    The Participant must ensure that Information is not stored outside Australia or disclosed to any personnel or third parties located outside Australia.

6.    Information AFCX collects from the Participant

(a)    The Participant may be disclosing Personal Information to the AFCX in order to receive the Information Services.

(b)    The Participant agrees:

(i)    to the AFCX all reasonable efforts to make sure that any information the Participant gives us is accurate, complete and fulsome;

(ii)    that the Participant have the necessary consent(s) to disclose Personal Information to the AFCX, and that any disclosure to the AFCX via the AFCX IQ Portal complies with Privacy Laws; and

(iii)    the decision to disclose information to the AFCX is the responsibility of each Participant.

(c)    The Participant warrants that its provision of information to the AFCX, and the use by us and others of that information in accordance with this Agreement, will not infringe the intellectual property or legislative rights of any person.

(d)    The AFCX collects information from the Participant when it requests and/or acquires the Information Services, such as that a search was undertaken by a Registered User on the AFCX IQ Portal.  

(e)    The AFCX does not retain and/or store Personal Information that the Participant enter in the search query field in the AFCX IQ Portal, but the AFCX may retain certain metadata or data that a search was undertaken and by whom and if a match or result was detected or not.  To the extent that the AFCX retains this information, the Participant agrees that the AFCX can use that as permitted by Privacy Laws and this Agreement.

(f)    For details of the AFCX’s Privacy Policy, see https://www.afcx.com.au/afcx-privacy-policy/

7.    Breach by the Participant

(a)    If the Participant or any Personnel become aware of a breach of this Agreement (including a Security Breach or a Data Breach) (‘Event’), the Participant shall take immediate action to:

(i)    notify us as soon as practicable, but in any event within 24 hours of becoming aware of the Event, providing as much detail as possible so that the AFCX is informed as to the effect or possible effect of the Event;

(ii)    establish and implement appropriate steps to prevent further breach;

(iii)    promptly provide us with information of the Event, with sufficient details regarding, among other things, the circumstances, impacts, effect, extent and results of the Event to enable the AFCX to take such action it deems appropriate, including to comply with any obligations it has under Privacy Laws, contractual arrangements with third parties or otherwise in relation to the Event.

(iv)    The Participant will continue to keep us reasonably updated on its investigations regarding the Event as and when information becomes available and fully co-operate with the AFCX and promptly provide, upon request, reasonable access to its systems and/or documentation in connection with any investigation of the Event (except where the provision of access would cause the Participant to breach the confidence of a third party or would cause it to breach Privacy Laws);

(v)    notify us of the proposed remediation steps in relation to the Event described in this clause 6.1 as soon as reasonably practicable but in any event within five (5) business days after becoming aware of the Event; and

(vi)    provide the AFCX with estimated timeframes and reasonable updates regarding the implementation of those steps to ensure remediation of the Event as soon as practicably possible.

8.    Contact Person

(a)    The Participant shall make available to the AFCX one contact person within its organisation (and to promptly notify us if they leave or are replaced). That person will be responsible for liaising with the AFCX about the requirements of, and its obligations under, this Agreement, as well as nominating, managing and supervising its Registered Users.

9.    Log In Credentials & Passwords

(a)    For security and related reasons the Participant must provide us with up-to-date and valid email addresses for any Registered User. If, for any reason, a Registered User changes their email address, the Participant must notify us immediately.

(b)    The Participant (and each Registered Users) agrees to keep any username(s), password(s) or other identifier(s) (‘Identifiers’) give it or permit it to the AFCX in relation to the AFCX IQ Portal confidential and secret.

(c)    The Participant also agree that any Identifiers the AFCX supplies to it will not be transferred between Registered Users or disclosed to any third party. The Participant will promptly tell us if an Identifier has been compromised or is no longer required or if a Registered User should no longer have access to the AFCX IQ Portal or the Information Services.

(d)    If the AFCX asks the Participant to stop using certain Identifiers or use replacement Identifiers the AFCX provides, the Participant agrees to do so immediately.

10.    Training & Responsibility for Personnel

(a)    The Participant is responsible for training its Registered Users on the obligations placed on it under this Agreement, and the Terms of Use.  

(b)    The Participant is responsible for the acts, statements and omissions of its Registered Users and Personnel, and all use of the Identifiers. The Participant agrees that if a Registered User breaches the Terms of Use, this constitutes a breach of this Agreement.

11.    AFCX Fees

(a)    The Participant must pay, within the time period specified in the tax invoice, the Fees specified in the Key Details, which may include: (i) any set up or joining fee in relation to the AFCX IQ Portal; (ii) fees for the Information Services as set out in the relevant invoice; (iii) any automation fee (if applicable); and (iv) fees for any additional Registered Users (if the Participant has more than five Registered Users at any one time); and (v) applicable GST. (Fees)

(b)    Unless otherwise stated, the current Annual Fees (+GST) are as follows:

Joining Fee: $5,000

Information Services:  $25,000

Each Additional Registered User: $1,000

Automation Fee: As agreed between the Parties

(c)    The charges for additional Registered Users (if the Participant have more than five Registered Users at any one time) shall be calculated as follows:

(i)    If the number of Registered Users exceeds five at any point during the annual Membership period, the Participant will be charged an additional fee for each Registered User above the threshold of five.

(ii)    The additional fee will be based on the annual fee for an additional Registered User and the total charges for additional Registered Users will be included in the invoice issued at the end of the annual Membership period, which will reflect the highest number of Registered Users the Participant had at any one time during the previous term, as per Clause 10.4.

(d)    Unless otherwise agreed in writing, all Fees are non-refundable.

(e)    If the Participant does not pay the Fees by the due date for payment, this will constitute a breach of this Agreement and the AFCX may remove the Participant’s access to the AFCX IQ Portal, without further notice to the Participant.

(f)    The Participant shall keep confidential any other terms and conditions of supply of the Information Services to it, including the Fees, additional charges and pricing arrangements under this Agreement and any other arrangement between the Parties in relation to this Agreement, except to the extent that such terms are generally known to the public, other than as a result of its failure to comply with the obligations of confidentiality in this Agreement.

(g)    AFCX reserves the right to increase the Fees for the Information Services on an annual basis. Any fee increase will take effect at the start of the next renewal period. AFCX will provide the Participant with at least 30 days' written notice of any Fee increase prior to the commencement of the renewal period. If the Participant does not agree to the increased fees, the Participant may terminate this Agreement by providing written notice to AFCX prior to the renewal date.

12.    Ownership of Intellectual Property

(a)    The AFCX warrants that the AFCX IQ Portal does not infringe the intellectual property rights of a third party.  The AFCX also owns copyright in the compilation of the Information used in the supply of the Information Services to the Participant, and in the search results supplied to the Participant when it receives the Information Services. The Participant shall not do anything to adversely impact or interfere with the AFCX’s intellectual property rights in relation to the Information or the AFCX IQ Portal.

(b)    The AFCX has developed information technology, software, and documentation that it may use to provide the Information Services to the Participant. The AFCX retains all copyright and other intellectual property rights in these materials. The Participant agrees that it will not, and will not permit any third party to:

(i)    copy, reproduce, or duplicate, in whole or in part, any of AFCX’s intellectual property;

(ii)    modify, adapt, decompile, disassemble, reverse engineer, or create derivative works based on AFCX’s intellectual property; or

(iii)    introduce, transmit, or allow the introduction of any viruses, malware, or other harmful code that may damage, disrupt, or otherwise adversely affect AFCX’s information technology, software or documentation.

13.    Liability

(a)    The person accepting these terms warrants that they have the authority to bind the Participant.  The Parties warrant that this Agreement constitutes a legal, valid, and binding obligation on each Party, executed or accepted by their authorised representatives.

(b)    The Participant acknowledge that the Information and Information Services we provide are based on data supplied by third parties. While we strive to deliver quality search results, we do not independently verify the accuracy, completeness, or currency of the Information or the results generated by the AFCX IQ Portal. The Participant understand that the Information may be outdated or incomplete.

(c)    To the maximum extent permitted by applicable Laws, AFCX excludes all statutory or implied representations, conditions, warranties, and terms relating to the Information, Information Services, and this Agreement. We are not liable for any loss or damage, including but not limited to loss of profit, income, or indirect, consequential, special, or incidental loss or damage, arising from or in connection with the Information, Information Services, or actions taken based on the Information or this Agreement.

(d)    To the maximum extent permitted by applicable Laws, the AFCX’s total aggregate liability for any loss or damage not excluded under this Agreement is limited to $10 per year. For any liability arising from statutory or implied representations, conditions, warranties, terms, or guarantees that cannot be excluded by Law, the AFCX’s liability is limited, at its discretion, to either: (a) re-supplying the relevant services; or (b) refunding the amount paid for the Information Service to which the claim relates.

(e)    The Participant agrees to indemnify AFCX for any loss or liability incurred as a result of: (a) misuse of the Information Services or Information provided to it; or (b) a Data Breach or breach of this Agreement by the Participant or its Personnel.

(f)    Except in cases involving a breach of the warranty in Clause 11(a), the Participant shall provide reasonable cooperation, at its own expense, in handling disputes, complaints, investigations, or litigation involving third parties arising from its use of the Information Services. This includes providing relevant documents and reasonable assistance in a timely manner. In certain circumstances, the Participant may be required to join litigation as a party, either in addition to or instead of AFCX.

14.    Compliance with Laws

(a)    The AFCX shall comply with Privacy Laws in the provision of any Personal Information in the Information Services.

(b)    The Participant shall comply with Laws in respect of its receipt of the Information Services, use of the AFCX IQ Portal and in relation to the Information. The Participant also agree to comply with Privacy Laws in respect of any Personal Information:

(i)    in the Information (whether or not it is bound to do so under Privacy Laws); and

(ii)    it collects, uses and discloses in connection with this Agreement.

15.    Term & Termination

(a)    This agreement continues and in the case of an annual subscription, automatically renews each year for another 12 months, unless and until either of the AFCX or the Participant terminates it at any time by giving 21 days’ written notice to the other.

(b)    Any outstanding fees or charges for the Information Services up to and including the date of termination, shall be payable by the Participant within 7 days’ of receiving a request by the AFCX for payment.

(c)    On termination of this agreement, clauses 5, 7(a), 11(a), 12, 13 and 16 and any definitions required to give effect to those clauses survive and the Participant continue to be bound by them.

(d)    The AFCX may, in its sole discretion, suspend or terminate this Agreement or the provision of the Information Services to the Participant immediately without notice if:

(i)    The Fees are not paid within 45 days of the AFCX sending a valid tax invoice;

(ii)    the Participant become insolvent or have an administrator appointed;

(iii)    the Participant breaches clause 4 or experiences a Data Breach or Security Breach;

(iv)    the Participant fail to promptly follow any reasonable direction from the AFCX with respect to the confidential and/or security of the Information; and/or

(v)    we reasonably believe the Participant is not complying with any or all of its obligations in this Agreement including in relation to the Information, and this non-compliance is incapable of remedy or, if capable of remedy, is not rectified within ten (10) Business Days after we notify it of the non-compliance.

(e)    Upon termination of this Agreement, or as required to comply with applicable laws or upon written request by AFCX, the Participant must promptly delete all Information provided under this Agreement from its systems, records, and any storage devices. If the Information is stored on backup tapes or other archival systems that cannot be accessed or modified without significant effort, the Participant must ensure that such Information is not accessed, used or disclosed and must securely destroy such backup tapes in accordance with its data retention and destruction policies. The Participant must confirm in writing to AFCX within 14 days of such request that the Information has been permanently deleted or rendered inaccessible, except where retention is required by law or expressly authorised in writing by AFCX.

16.    General

(a)    Audit: The Participant shall comply with any reasonable request from AFCX, including audits of its compliance with this Agreement, except where such cooperation would cause the Participant to breach applicable Laws or confidentiality obligations to third parties. In such cases, the Participant shall cooperate to the greatest extent possible without breaching such obligations. The Participant further agree to address and resolve any suspected breaches identified during audits conducted by or on behalf of AFCX.

(b)    Mediation: If a dispute arises in connection with this Agreement, the Parties agree to enter into good faith negotiations and use reasonable endeavours to resolve any dispute between them in a constructive and objective manner. Following this, the Parties shall then attempt to resolve the dispute through mediation, to be conducted by a mutually agreed mediator. The mediation shall take place within 14 days of a written request by either Party, and the costs of mediation shall be shared equally by the Parties.

(c)    Variation: We may vary the terms and conditions of this agreement at any time upon provision to the Participant of notice where this is necessary to comply with Law or because of a change of Law upon provision of not less than 30 days’ notice to the Participant, which shall be effected by written communication to the Participant.  Any auto-renewal shall be under the new Terms.

(d)    Publicity: The Participant warrant that it will use its best endeavours to not be party to any act, matter or thing prejudicial to the goodwill, commercial reputation or overall public image of the AFCX.

(e)    Construction: Headings are a guide only and the word "includes" or "including" do not limit any matter. Where there’s reference to any legislation or a provision of any legislation, it includes that legislation or provision as re-enacted or otherwise amended.

(f)    Notices: The AFCX shall correspond with the Participant at the postal address and/or using the email address of the Participant as specified in the Key Details.   The Participant must tell us of any change in contact details or change the person it nominates as the Participant’s representative. The Participant shall liaise with the AFCX using the contact details specified in the Key Details. Communications sent by email before 5pm on a business day will be taken to be received that day. If sent after 5pm, it will be the next business day. For all other communications sent by post, receipt will be the fourth business day after posting and if sent by commercial courier, on the date and time receipt is signed.

(g)    Assignment: The Participant may not assign, transfer or otherwise deal with its rights under this Agreement or allow any interest in them to arise or be varied, without the consent of the AFCX.

(h)    Exercise of Rights: The rights and remedies provided in this agreement are in addition to other rights and remedies given by law independently of this agreement. No delay or failure to exercise a right or remedy under this agreement prevents the exercise of that or any other right or remedy on that or another occasion.

(i)    Severability: If any term of this agreement is unlawful and/or unenforceable, it will be severed from this agreement, and the remainder of the agreement remains in force.  

(j)    Inconsistency: If there is a conflict between this Agreement and any other agreement it have with the AFCX, unless we agree otherwise in writing, the provisions of this agreement shall govern its use of AFCX IQ Portal, and the receipt of the Information Services.

(k)    Entire Agreement: This Agreement constitutes the entire agreement of the Parties about its subject matter, and supersedes all previous agreements, understandings and negotiations between the Parties with respect thereto.  This Agreement is intended to comply with the unfair contract terms provisions under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). No term of this Agreement is intended to impose an unfair burden on the Participant or to exclude, restrict, or modify any rights or remedies that are mandatory and non-excludable under the Australian Consumer Law. If any term of this Agreement is found to be unfair or unenforceable under the Australian Consumer Law, that term shall be severed, and the remainder of the Agreement shall continue to operate in full force and effect.

(l)    Relationship:  The relationship between the AFCX and the Participant will be that of a service provider and customer.

(m)    Governing Law: This agreement is governed by the laws of New South Wales, Australia and both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.