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Do Not Call Register Access seeker terms and conditions

By registering to create an account with the Do Not Call Register, you agree to be bound by the following Do Not Call Register Access seeker terms and conditions (Terms and Conditions). Failure to abide by these Terms and Conditions may result in suspension or deregistration of your account registration or other conditions being placed on your access to the Do Not Call Register.

These Terms and Conditions may change from time to time. While the Australian Communications and Media Authority (ACMA) will endeavour to ensure that changes to the Terms and Conditions are notified on the Do Not Call Register website, by continuing to submit lists or access the Do Not Call Register and associated services, you agree to be bound by the Terms and Conditions as they exist at the time of each access.

Fee-based access

1. Under subsection 19(2) of the Do Not Call Register Act 2006, if you have not paid the applicable fee, neither ACMA nor the contracted service provider (if any) is obliged to accept a list of numbers from you. This does not limit other rights or remedies that the ACMA may have in relation to the applicable fee.

Administration account

2. Before first accessing the Do Not Call Register, you must register with the ACMA to set up an administration account. This administration account can be used, after selecting (and paying, if applicable) for a subscription type (or types) to submit a list of numbers for checking against the Do Not Call Register.


3. You must apply for an administration account using the registration procedure published on the “create an account” section of the Do Not Call Register website. The acceptance of these Terms and Conditions is a requirement of the registration procedure.


4. Before you are registered with an administration account, or at any time during the registration of your administration account, you may be asked by the ACMA to submit to a credit assessment. If so requested, you must provide such information as is reasonably required to allow the ACMA to complete a credit assessment.

Deregistration and suspension

5. The ACMA may suspend your administration account, close (deregister) your administration account, or place additional conditions on your registration, if:
1. Your administration account becomes inactive. For the purposes of this section an administration account becomes inactive if:
1. You fail to keep your administration account details accurate and up-to-date; or
2. You have not activated a subscription for 12 months; or
3. You have not submitted a list for washing for 12 months and one day.
2. You have failed to pay for subscription type within the terms of the Do Not Call Register (Access Fees) Determination 2007.
3. You fail a credit assessment conducted by the ACMA.


6. The ACMA will take reasonable steps to contact you, should the ACMA decide to deregister, suspend or place additional conditions on your administration account.

Refunds

7. When applying for a refund or credit, you agree to follow the “refunds procedure” published on the “subscriptions” section of the Do Not Call Register website. The ACMA will consider applications for refunds or credit notes or list washing reversals. The criteria by which refunds are calculated are published on the “subscriptions” section of the Do Not Call Register website.

Communication of information from the ACMA or contracted service provider

8. You agree to the ACMA and the contracted service provider contacting you from time to time with administrative information about your administrative account.

Access to the Do Not Call Register website or the service

9. You agree that you will not:
1. obtain or attempt to obtain unauthorised access to any part of the system, including using an administration account for which you are not authorised
2. change or attempt to change or otherwise interfere with the service or any material, information, or content contained in or displayed on the service
3. use or attempt to use the system for any unlawful purpose
4. use or attempt to use the service for any purpose for which it was not intended
5. impersonate another person or entity
6. use or attempt to use the service to send, post or publish defamatory, offensive or intimidatory material
7. use or attempt to use the service for the purposes of sending unsolicited commercial emails to ACMA, its employees, delegates, independent contractors (including the contracted service provider) or users of the service
8. use or attempt to use the service in a manner that is inconsistent with the Do Not Call Register legislation and legislative instruments, or
9. transfer or attempt to transfer any material of any kind to the service which contains a virus, malicious computer code or any harmful component.

Material on the Do Not Call Register website or the washing service

10. To the extent permitted by law, neither ACMA nor the contracted service provider gives any warranty in relation to the material contained on the service.


11. The material is made available on the understanding that the ACMA and/or the contracted service provider are not engaged in rendering professional advice. It may not be exhaustive of all the information available on a particular issue. You are encouraged to seek your own legal advice as to your obligations.


12. Links to other websites are inserted for convenience and do not constitute endorsement of material at those sites or any associated organisation, product or service.

Non-liability of ACMA

13. To the fullest extent permitted by law, neither the ACMA nor the contracted service provider are liable to you for any damages, costs or liabilities that may result from:
1. service interruptions to the service
2. your use of the service
3. your obtaining or using lists washed by your use of the service
4. failure to receive information about changes to the service.