Export Service means the online platform we make available to facilitate export activities. The Export Service is currently in a beta phase, so its functionality changes from time to time. As at the date these Terms were most recently updated, the Export Service includes the following functions:
- register an establishment and propose an arrangement for us to approve
- change your establishment's contact details
- add or remove people on your establishment's management and control list
- add or remove a commodity, product or operation to your registered export operations
- revoke your establishment's registration and nominate a new occupier
- make other variations to your registrations or approved arrangements.
Export Service Account means the account you create to access and use the Export Service.
Harmful Code means any form of harmful surreptitious code or other contaminants, including viruses, bugs, trojan horses, spyware, malware or adware.
our Systems includes any of our systems that you can access through the use of the Export Service.
Protected Information has the meaning given in the Export Control Act 2020 (Cth).
we, us and our refers to the Commonwealth of Australia, as represented by the Department of the Agriculture, Fisheries and Forestry and includes any successor Government entity which is (from time to time) responsible for the operation of the Export Service.
you and your refers to, when using the Export Service, each registered user of the Export Service and your organisation, if you are a representative of an organisation.
These Terms relate to the use of the Export Service and explain our obligations and your obligations in connection with the Export Service.
By agreeing to these Terms, you acknowledge that you have read, understand, and agreed to be legally bound by these Terms, as updated from time to time. You agree that you (and your organisation, if applicable) will obtain valuable consideration from accessing and using the Export Service.
Acceptance of these Terms
If you are accepting these Terms on behalf of, or for the purposes of, your role with an organisation, subject to clause 3.2, you are:
accepting and agreeing to these Terms on your own behalf and on behalf of that organisation; and
warranting to us that you are an agent of that organisation and that you are properly authorised by your organisation to represent the organisation and to bind it to these Terms.
If you are accepting these Terms on behalf of an organisation that is a non-corporate Commonwealth entity (as defined in the Public Governance, Performance and Accountability Act 2013 (Cth)), we acknowledge that these Terms are not legally binding on your organisation. Nevertheless, you and your organisation must comply with these Terms as though you and it are legally bound by these Terms.
Using the Export Service
Creating an account
Before using the Export Service, you will first need to register an account with us.
More information about the processes for registration is set out in clauses 4.6 and 4.7 below. We may update the processes and requirements for registration from time to time.
warrant that any information you provide (including any declarations you make) during the process of creating an account or otherwise, is true and accurate; and
acknowledge and agree that we are relying upon the truth and accuracy of all information, consents and declarations provided and made by you in registering your account for, adding or inviting other users for, or otherwise using, the Export Service.
Without limiting clause 4.3.2, you acknowledge that giving false or misleading information to a Commonwealth entity is a serious offence under s.137.1 of the Schedule to the Criminal Code Act 1995 (Cth).
We may notify you of additional specific requirements in relation to account registration from time to time and you must comply with those requirements if you wish to continue using the Export Service.
Registering an Export Service Account
We may invite you to, or you may request to, register for the Export Service. If you do register an account, you must register that account for yourself and not on behalf of another person. For clarity, this is not intended to prevent you from using the Export Service to act on behalf of an organisation, as further described below.
When you apply to register an account, you warrant to us that you are not misrepresenting your identity or your authority to act on behalf of any organisation.
Using the Export Service on behalf of an organisation
If you use the Export Service for or on behalf of an organisation:
you warrant that your organisation has appointed you to access the Export Service on their behalf, and that appointment has not been revoked
you warrant that, if that appointment is based on you holding a certain position (for example, as that other person’s employee or agent), you currently hold that position
you warrant that you have the requisite authority to act on behalf of that organisation in connection with the Export Service;
you must only use your organisation’s full registered name or business name, when linking an account and you must not use any slogans, brands, or marketing elements to name the account;
where required, you must provide your organisation’s ABN and ACN if your organisation has one;
you must cease using the Export Service on behalf of that organisation if your appointment is revoked by that organisation, or where you are no longer authorised to access or use the Export Service on behalf of that organisation (including if you no longer hold the relevant position); and
you agree to comply with any request made by us for you to verify any of the above matters
The Export Service may permit you to “add” or “invite” other persons who will also be authorised to act on behalf of your organisation. You must ensure that:
you only issue any such invitation to a person to the extent that you are permitted to do so under your authority to act on behalf of the organisation;
each person you add to use the Export Service for your organisation is duly authorised to use the Export Service on behalf of your organisation; and
before you provide us with personal information or sensitive information (within the meaning of the Privacy Act 1988 (Cth)) or Protected Information about another person, that person has consented to the disclosure of that information.
While accessing and using the Export Service, you agree:
that users of the Export Service may be held legally accountable for actions undertaken using the Export Service, including under the Export Control Act 2020 (Cth);
that any information or documentation you provide or submit to us will be accurate and complete and (where relevant) will contain the type of information required to be contained in that particular type of documentation;
that you will only use the Export Service for its intended purpose, for lawful purposes, and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the Export Service by us or any third party;
that your use of the Export Service will be done in a manner that complies with all applicable legislation including the Export Control Act 2020 (Cth), the Privacy Act 1988 (Cth) and the Criminal Code Act 1995 (Cth);
that you will use the Export Service strictly in accordance with these Terms, and all notices, protocols, guidelines and other instructions provided or advised by us from time to time;
not to impersonate any person or falsely represent your association with any person or organisation (including us);
not to access or attempt to access or use information that you are not authorised to access or use;
not to transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
not to interfere with the rights of others to use the Export Service;
not to attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Export Service, including through the use of automated tools;
not to use any scripts or processes on the Export Service nor any data scraping or data mining tools on the Export Service;
not to modify or copy:
- the layout of the Export Service; or
- any computer software and code contained in or forming part of the Export Service,
except as expressly permitted by these Terms or with our prior written consent; and
not to transmit any Harmful Code.
Conditions applying to the Export Service
We intend to provide support for the Export Service during normal business hours (9am-5pm Canberra time) on days when our office in Canberra is open for business. You acknowledge that we do not make any undertaking as to service availability or performance.
You acknowledge that:
we reserve the right to modify the Export Service to add, remove or change functionality, capabilities, interfaces or any other aspect at any time (see further information about notice of changes in clause 20);
(without limiting clause 9) we may, without further notice to you, use any information provided by you to the Export Service (including personal information and Protected Information) to improve the Export Service; and
any compromise of your Export Service credentials does not change or reduce your obligations under these Terms.
You agree that:
we may examine and review your Export Services Account at any point in time, including but not limited to where we reasonably believe that you are contravening any part of the Terms;
you will bear all costs associated with accessing and using the Export Service; and
you will notify us immediately if you are aware of any event which has compromised, or may have comprised, the security or integrity of the Export Service.
We do not charge a fee for the use of the Export Service. However, our standard fees and charges may apply to applications and other transactions made by you through the Export Service.
Guidelines on the use of the Export Service
From time to time, we may issue more detailed protocols, guidelines or instructions for the use of the Export Service (as may be updated from time to time). These protocols, guidelines or instructions form part of these Terms and are legally binding on you.
Privacy and data
You agree that we can use your protected and personal information with other products and processes connected to the Department’s functions.
You also agree that:
you will securely store, access, view and process all data obtained, accessed or processed in connection with using the Export Service, including all Protected Information and personal information; and
you will not store, access, view or process data obtained, accessed or processed in connection with using the Export Service, including all Protected Information and personal information:
- in a location that may compromise your ability to discharge your obligations under these Terms, including in relation to privacy and security; or
- in a country other than Australia, unless you have notified us in writing and demonstrated to our satisfaction that you can safeguard and protect the data in accordance with these Terms.
If you are providing information about a person other than yourself, you warrant that you have obtained all necessary consents to provide that information to us.
If you do not provide your personal information, we may not be able to allow you to use the Export Service.
You agree to protect our confidential information and to use it only for the purposes contemplated by these Terms (or agreed separately in writing by us) and not disclose it to persons outside your organisation without first obtaining our written consent.
We agree to protect your confidential information and to use it only for the purposes contemplated by these Terms (or agreed separately in writing with you or as permitted or required by law) and not disclose it to any third party without first obtaining your agreement. However, you agree we may disclose your confidential information:
to our internal management personnel, solely to enable effective management or auditing of activities related to these Terms;
to the responsible Commonwealth Minister;
in response to a request by a House or a Committee of the Parliament of the Commonwealth of Australia;
to the Auditor General, the Australian Information Commissioner or the Commonwealth Ombudsman or as otherwise required by Commonwealth accountability policies; or
as permitted or required to be disclosed by law, including under Court orders.
You must not:
tamper with the Export Service;
attempt to bypass any security controls contained in or forming part of the Export Service;
make deliberate attempts to interfere with the functionality of the Export Service, overload the Export Service or attempt to disable a host of the Export Service; or
attempt to use the Export Service without invitation.
We may routinely log, monitor and analyse your use of the Export Service for any misuse and any attempted or actual security breaches.
maintain the confidentiality of all account information including usernames, logins, passwords, and security questions and answers that you use to access any feature of the Export Service;
monitor, control, and take responsibility for all activities occurring under your accounts, usernames, logins, passwords, and security questions and answers, including any activities that may result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures; and
promptly report any suspicious or unauthorised conduct concerning your accounts, usernames, logins, passwords, or security questions and answers to us if you become aware of any such conduct.
You must establish, maintain and enforce security measures to ensure that all Protected Information, personal information and our confidential information is protected against loss and from any unauthorised use, access, modification or disclosure.
Links to other websites
The Export Service may contain links to sites on the internet owned and operated by third parties (including other Commonwealth entities) which are not under our control. In relation to the other sites on the internet, which are linked to the Export Service, we provide the links to other sites as a convenience to you, and the existence of a link to another site does not imply any endorsement by us of the content of the linked site.
You agree that:
you are responsible for compliance with any terms applicable to use of third-party sites, whether arising from our provision of a link or your use of those sites;
we are not responsible for the accuracy or otherwise of the material contained on those linked sites; and
to the extent permitted by law, we accept no liability (whether in contract, tort including negligence, statute or otherwise) in respect of those linked sites.
All intellectual property comprised in or derived from the Export Service, including copyright comprised in the Export Service, is owned by us or another third-party owner.
All logos, icons, brand names, business names, URLs, trade marks or service names that identify us are owned by and remain the property of the Commonwealth of Australia.
All other trade marks or service marks on the Export Service are the property of their respective owners.
By using the Export Service, you do not acquire ownership of any rights in the Export Service or the content that is accessed through the Export Service.
must not make any unauthorised use of any material appearing on the Export Service (and must not breach the intellectual property rights in respect of that material). If you do so, you may become liable for a breach of the intellectual property rights of the Commonwealth or a third party.
While we will use our best efforts to ensure the Export Service will work, the Export Service is provided on an “as is, as available” basis. In particular, we do not warrant, guarantee or make any representation that:
the Export Service, our System or the servers that make the site available on the internet, are free of Harmful Code;
the Export Service will operate uninterrupted or are error-free; or
errors and defects in the Export Service will be corrected.
You acknowledge and agree that we make no representation and give no warranty that the Export Service will operate in accordance with any published documentation, be fit for any particular purpose, be uninterrupted, timely or error-free.
In particular, and without limiting clauses 14.1 and 14.2 above, you acknowledge that the Export Service is currently in a beta phase. As a result it may not be available, operate as intended, or cover the full scope of interactions relevant to the export process. We intend to make available other avenues for export approvals, which you may use if the Export Service is not complete or functioning properly. For more information, visit our Disclaimer, opens in a new tab.
You should promptly notify us if you discover or suspect any error or malfunction in the Export Service. In such an event, you agree to promptly provide to us information and details regarding any error or malfunction of the Export Service to the extent reasonably necessary to identify, confirm, investigate and rectify any such errors or difficulties (including, when relevant, any details of your operating environment or that of your organisation).
Liability and indemnity
You irrevocably release us from and agree that we will not be liable to you or your organisation (whether in contract, tort, statute or otherwise) for any loss or damage (including special, indirect, consequential, or exemplary damages) that you or your organisation suffer or incur as a result of, or in connection with:
your use of, or inability to use, the Export Service (including your reliance on any material, links, opinions or recommendations made available through the Export Service or any missed opportunity);
any unauthorised or unlawful access to, or alterations of, your transmissions or data into or from the Export Service;
any activities resulting from the loss or misuse of your Export Services Account information, including your username and password;
any activity in the Export Service by your Export Services Account, or any use or any attempt by you, or by a person on your behalf, to use the Export Service without your or your organisation’s authorisation (including any fraudulent activity or use);
any errors or omissions in the Export Service or linked sites on the internet;
any delays to, interruptions of, or cessation of, the services provided through the Export Service or linked sites;
the Export Service not being available or operative;
the provision of information by you to the Export Service, including in inviting or adding another user to join the Export Service; or
you inviting or adding another user to join the Export Service, including:
- any unauthorised use or disclosure of that person’s personal information; or
- the use of, or inability to use, the Export Service (whether lawful or otherwise) by that other user.
You accept the full cost of any necessary upgrade, repair, correction, and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Export Service.
You indemnify us and hold us harmless from and against (which means that you must meet our costs and expenses, including legal costs on a full indemnity basis, arising from) any loss, damage, cost, expense, claim, proceeding or liability of any kind that we may incur or that may be brought by any person against us, that arises directly or indirectly from:
your breach of these Terms;
your use of the Export Service and your activities in connection with the Export Service; and
the matters referred to in clause 15.1.
Termination of use of the Export Service
You may terminate your Export Services Account with us at any time by giving us notice.
We may terminate your Export Services Account with us at any time by giving you notice.
We may immediately suspend your Export Service Account, or access to or use of the Export Service, if we suspect that you might have breached any of these Terms, until we determine that:
you have not breached these Terms, in which case we will reinstate your Export Services Account, access to or use of Export Service; or
you have breached these Terms, in which case we may terminate your Export Services Account, access to or use of the Export Service with immediate effect by notifying you, unless the breach is remediated to our satisfaction.
Your obligations under these Terms continue to apply during any period in which your Export Services Account, access to or use of the Export Service is suspended.
After the termination or suspension of your Export Services Account, or your access to or use of the Export Service:
we are not required to provide you with access to any of the services made available through the Export Service; and
you must not access (or permit access to) the Export Service.
We reserve the right to report to the proper authorities any offence which might have occurred in connection with your use of the Export Service.
You agree that you are not an agent, employee or partner of us and you must not represent yourself as such. Nothing in these Terms will be deemed to create any agency, partnership or similar arrangement.
Waiver and Severability
Any failure or delay by us to exercise or enforce a right or remedy under these Terms does not operate as a waiver or prevent further exercise of that or any other right or remedy.
If any term or condition of these Terms is found to be void or unenforceable, the validity and enforceability of the remaining provisions will not be affected.
We may give you notices in connection with these Terms by emailing your Export Services Account the notice.
You must access and read all notices and information provided by us in relation to your invitation to use the Export Service.
You may give us notices in connection with these Terms by sending an email to: email@example.com.
Changes to these Terms and the Export Service
We may change these Terms at any time. We may also change the functionality of the Export Service at any time.
We will use reasonable endeavours to give you 3 months’ notice of non-critical and non-emergency changes.
For critical or emergency changes, we will endeavour to give you as much notice as possible or appropriate in the circumstances.
You acknowledge and agree that:
it may not be possible to give you advance notice of a change to the Export Service; and
failure to give you notice in accordance with clause 20.2 will not prevent us from making the change to the Export Service or updating the Terms to reflect that change.
We may require you to accept new Terms if you want to continue using the Export Service.
Compliance with laws
You agree that you will comply with all applicable laws including the Export Control Act 2020 (Cth) and associated regulations in connection with your use of the Export Service.
You must keep and maintain complete and up-to-date records and other evidence of your compliance with these Terms for a period of 7 years from the date of creation and promptly provide those records to us if requested.
Except to the extent expressly set out in these Terms:
these Terms do not exempt you from the operation of any laws administered by us; and
nothing in these Terms is intended to exclude or restrict:
- any other right or remedy provided by law; or
- any obligations you have under any terms you have agreed to access any of our Systems.
Governing law and jurisdiction
These Terms are governed by the laws of the Australian Capital Territory, and you agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.