Terms and Conditions
Please read these Terms and Conditions carefully.
These Terms and Conditions apply to the use of this online portal (“Portal”), which is operated on behalf of Regional Investment Corporation ABN 99 528 049 038 (“we” / “us” / “our”).
References to "you" / “your” means the person(s) liable on the Account or a third party you authorise to use the Portal with your Customer ID and Password. If there is more than one of you, "you" means each of you separately and all of you jointly.
These Terms and Conditions set out the rights and obligations for both parties and give suggestions on the proper and safe use of the Portal. If you do not understand any part of these Terms and Conditions, you should contact us on 1800 875 675 and we will be happy to explain any matter to you.
You agree to be bound by these Terms and Conditions the first time you use this Portal and on every subsequent login to the Portal. These Terms and Conditions apply in addition to our Privacy Policy, which can be found at https://www.ric.gov.au/about/our-commitment/privacy.
If you do not agree to these Terms and Conditions, you should immediately stop using this Portal.
Interpretation
There are words and expressions in these Terms and Conditions that have a special meaning:
"Account" means each account to which we give you access by using the Portal.
“Customer ID" means a unique identifier/username given to you so you can access the Portal.
"Business Day" means a day on which banks and financial institutions generally are open for business in Sydney, Australia.
“Consequential Loss” means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
"Password" means a confidential code given to you or nominated by you from time to time.
“Update” means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the Portal.
In these Terms and Conditions:
(a) the singular includes the plural and vice versa;
(b) references to a document or agreement include all variations, novations or replacements;
(c) references to any person (including you or us) include the person and the successors in title, transferees or executors of the person;
(d) a reference to a person includes a natural person and a corporation;
(e) a reference to time is to local time in Sydney, Australia;
(f) where any word or expression has a special meaning, any other part of speech or other grammatical form of that word or expression has a corresponding meaning; and
(g) headings are for convenience only and do not affect interpretation.
Registration
You must be registered to use the Portal. You can register by providing your Customer ID (provided in our correspondence to you) and your date of birth.
When you register for the Portal, you will select a Password and we will then send a one-time passcode to your registered mobile number to allow you to finish creating your Account.
Your Password must meet our required criteria. We may reject any Password at our discretion.
Use of the Portal
To use the Portal, you need a Customer ID and a Password.
You can use the Portal to view statements and information in relation to your Accounts, contact our Contact Centre, and obtain information about our products and services in relation to your Account. Some Portal services are only available for selected Accounts - see the relevant Account Terms and Conditions (where applicable) for more information.
The range of services we make available through the Portal will be determined by us in our absolute discretion from time to time. We may extend or reduce this range of services at any time without notice to you.
Your use of the Portal is subject to the terms of your agreement with us in relation to your Account, as varied from time to time (“Agreement”). If there is any inconsistency between these Terms and Conditions and the Agreement, then these Terms and Conditions will prevail.
If an Account is in more than one name, each of you can use the Portal and have access to information we have in relation to the Account without the other's consent. Each of you are jointly and severally liable for all conduct while using the Portal, including those activities made by a co-account holder or a person authorised by you, even if you did not benefit equally from the activity.
Security of Passwords and Customer IDs
The security of your Password is very important. It can be used to access information about you and your Account. You must make every effort to ensure that your Password, and any record of it, is not misused, lost or stolen. You must tell us as soon as possible if any Passwords are lost or stolen.
You should maintain significant security in relation to the Portal. It is important that you do everything necessary to keep your Password and Customer ID secure and to avoid their misuse. Memorise your Customer ID and destroy any correspondence notifying you of your Customer ID.
You must:
- ensure your Password and Customer ID are not disclosed to any person (including friends and family);
- not permit any other person to use your Password
- use care to prevent anyone else seeing your Password and Customer ID being entered when using the Portal;
- not select as your Password or Customer ID any number which represents your birth date and any alphabetical code which is recognisable as part of your name;
- not record your Password and Customer ID on a device (such as a smartphone or laptop) that could be used to perform a transaction, any article carried with the device or anything liable to loss or theft with the device, unless you make a reasonable attempt to protect the security of the Password and Customer ID;
- always log off from internet access and close your browser once you have finished an internet access session. If you are using a public computer of mobile device, you must clear the computer or device cache or history after using internet access;
- keep your Password and Customer ID details separate and apart from each other; and
- keep any record of your Customer ID and Password secure.
If you do not take all reasonable precautions to ensure that your Password and Customer ID are not misused, you may be responsible for all activities on the Portal using your Customer ID and Password, whether or not they are authorised by you.
If you suspect that your Password or Customer ID has been misused, lost, or stolen you should contact us as soon as possible on 1800 875 675.
We can cancel or suspend your Customer ID or Password at any time and without notice if we reasonably believe its use may result in loss to you or to us.
Changing your Password
You must use the link we give you to first log in to the Portal and create your Password. You can change your Password at any time by contacting our Contact Centre.
Use of the Portal by a third party
If you authorise anyone to use the Portal on your behalf, you will be liable for any use of the Portal by that person including sharing of your personal information on any Account (even if that sharing of information is not authorised by you) or any failure by that person to observe these Terms and Conditions. You also acknowledge that we will be entitled to allow access to the Portal to any person supplying your Customer ID and Password. You will be responsible for all transactions as though you made them yourself.
If you are a trustee, you are bound by these Terms and Conditions both in your capacity as trustee and in your personal capacity. If you are a corporation, you must advise us of any change in the persons authorised to use the Portal or their authority to use the Portal.
When you are not liable
Subject to any rights that cannot be excluded by law, we are not liable for or in connection with any loss or damage suffered by you or any other person arising directly or indirectly from or in connection with your use of the Portal. This includes but is not limited to loss or damage which may arise as a result of:
- the loss, modification, damage or destruction of hardware or software caused by computer viruses or program bugs or similar causes;
- errors, inaccuracies, omissions;
- delays resulting from failure the Portal network or ancillary equipment; or
- failure of the Portal to perform a function in whole or in part.
To the extent to which we are liable, and to the extent to which the law allows, our liability is restricted to re-supplying the services or the cost of re-supplying the services.
If the Portal access has been unauthorised by you, you must inform us as soon as you become aware of these.
Availability and accuracy of information on the Portal
Information available through the Portal concerning transactions and balances may not always be accurate or up to date. The Portal will usually record the transactions and the balance of an Account up to the close of business on the previous Business Day but may not show the effect of some transactions since the previous Business Day. Information shown through Portal at a particular time may be adjusted after that time to reflect the true position between you and us, for example if a payment is dishonoured.
We will do everything possible to ensure that the Portal is always available to you. However, we do not warrant that the Portal will operate at any time, and the Portal may be temporarily unavailable (for example, when we are conducting maintenance on the Portal). You should promptly advise us of any faults or unavailability.
We do not represent or warrant that access to the Portal will be secure, error free, uninterrupted or timely or that the Portal or its related server, are free of viruses, bugs or other harmful applications or interference. You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements.
We may from time to time and without notice to you:
- make Updates to the Portal;
- place limits on the information that can be obtained using the Portal; or
- change the software, system or equipment required to access the Portal. It is your responsibility to supply and maintain any software or equipment (such as a personal computer, internet browser, modem or touch tone telephone) that may be necessary for you to access the Portal.
We are not responsible for any loss or damage to any software or equipment from your access and use or attempted access and use of the Portal.
We may change, suspend, cancel or deny access to the Portal at any time without prior notice to you.
Third Party Websites
The Portal may include links to third party websites. These links are provided for your convenience only and you acknowledge and agree that those third party websites do not form part of the Portal and are not under our control. You access those third party websites at your own risk. We exclude all liability and responsibility for any loss or damage you may suffer as a result from accessing any third party websites.
Analytics and Cookies
You acknowledge and agree that we may use analytics on, or engage third party data analytics service providers for, or use other technology like cookies on, the Portal which enable us to track your activity on the Portal, monitor usage patterns, further develop and improve the Portal, and to offer relevant services to you.
Intellectual Property Rights
We own or are the licensee of all Intellectual Property Rights in Portal, including any Updates.
Limitation of Liability and Indemnities
You indemnify us against any loss or damage we may suffer due to any claim, demand or action of any kind brought against us arising directly or indirectly because you:
- did not observe any of your obligations under these Terms and Conditions; or
- acted unlawfully, negligently or fraudulently in connection with these Terms and Conditions.
We will not have any liability to any party (including you) in relation to:
- the accuracy, completeness or reliability of the Listings, Financial Insights, Market Insights, Upfront Costs, or Checklists; or
- any act or omission, where such act or omission is specified required by a direction to us from a regulatory body purporting to exercise its functions or powers.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of States or Territories, which may not be excluded, modified or restricted. To the extent permitted by law, our liability for breach of any condition, warranty or guarantee imposed by statute that cannot be excluded and your sole and exclusive remedy in relation to such breach will be limited to (at our election):
- in the case of goods:
- replacement or repair of the goods or supplying the equivalent goods again; or
- paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
- in the case of services:
- supplying the services again; or
- paying the cost of having the services supplied again.
To the full extent permitted by law, we are not liable to you for any Consequential Loss arising under or in connection with these Terms and Conditions.
Changes to these Terms and Conditions
We can change these Terms and Conditions from time to time. If we make changes, we will advise you of the change in writing or electronically no later than the day the variation takes effect. When the nature of the changes to these Terms and Conditions would require us to provide a summary of the changes to these Terms and Conditions or an updated version of these Terms and Conditions, we will do so. Your continued use of the Portal after any such changes will be taken to be acceptance of such changes or updates.
Resolving disputes
You must tell us promptly if you have a complaint concerning matters covered by these Terms and Conditions, including any:
- apparent error in a transaction; or
- apparent error in information received through the Portal.
When we complete our investigation, we will contact you and advise you of the outcome of our investigation and the reasons for that outcome. If we are unable to complete our investigation within a reasonable time, we will advise you that we require further time to complete our investigation.
If you are not satisfied with our decision, you may request that the decision be reviewed by our internal dispute resolution team. If you then wish to take the matter further, you may, for instance, contact the Australian Financial Complaints Authority Limited (“AFCA”) on 1800 931 678, by fax at 03 9613 63 99, by email at info@afca.org.au or in writing to GPO Box 3 Melbourne, VIC 3001.
Copyright
All the content which is on or is available from the Portal, including without limitation all information, text, software and graphic, photographic, audio, audio-visual and other material ("Information") is owned or licensed by Regional Investment Corporation.
The information may be viewed on-line and except where otherwise indicated on this site, the information may be downloaded and reproduced in hard copy for personal use only. Copying, reproduction, transmission, public performance, posting, up-loading, republication, re-distribution, or any other acts within the exclusive rights of the copyright owner are otherwise prohibited unless with the express consent of Regional Investment Corporation or the copyright owner. The information may not be modified or adapted in any way and the copyright notices, trademarks and all other proprietary notices must remain intact at all times.
Termination of use
We can terminate your use of the Portal at any time with written notice to you.
You may terminate your use of the Portal at any time by giving us written notice or by calling our Contact Centre.
Electronic Notices and Correspondence
You may receive notices, documents and communications electronically in relation to your Account instead of having paper documents mailed to you. We may send notices, documents and communications electronically by sending you an email. It is your responsibility to check your email regularly for these notifications and to access the documents promptly following our email. You must also keep your nominated email address current and let us know if you can’t access your email or Account for any reason. You can change your nominated email address at any time.
Severability
If any provision or part of these Terms and Conditions is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected is not the be affected and the remaining portion is to remain in full effect.
Governing law
These Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the Courts of New South Wales.