Technical Assistance Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE

1 General Terms of Use

1.1 APNIC Pty Ltd (ACN 081 528 010) (APNIC) provides a technical assistance service (Service) to its Members for the purpose of providing practical, hands-on technical information and assistance.

1.2 You acknowledge that the Service is governed by and provided to you pursuant to these Terms of Use, APNIC’s Privacy Statement (https://www.apnic.net/privacy), and the APNIC Membership Agreement entered into between you and APNIC. To the extent of any inconsistency between these Terms of Use and the APNIC Membership Agreement, these Terms of Use prevail with respect to the Service.

1.3 By accessing or using the Service you:

(a) represent and warrant that you are an APNIC Member or a representative of an APNIC Member with authority to use the Service and bind the APNIC Member to these Terms of Use. All references to ‘you’ are to the Member entitled to use the Service pursuant to these Terms of Use; and

(b) agree to be bound by these Terms of Use.

1.4 We amend these Terms of Use from time to time. Every time you wish to use the Service, please check these Terms of Use to ensure you understand the terms that apply at that time.

1.5 These Terms of Use were most recently updated on 13 October 2021.

1.6 These Terms of Use are governed by the laws in force in Queensland, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms of Use or the Service.

2 Service

2.1 The Service is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation, availability, suitability, or accuracy of the Service or the information or advice made available through the Service.

3 Liability

3.1 To the fullest extent permitted by law, APNIC excludes all liability for any claim, loss, or damage (including consequential loss, loss of data, loss of profit or revenue) directly or indirectly arising out of or in connection with:

(a) the Terms of Use;

(b) use of, or inability to use the Service;

(c) use of, or reliance on, any advice, content, or other information in any medium made available or referred to you in the provision of the Service; and

(d) any other matter relating to the Service.

3.2 Subject to the other terms of this clause 3, APNIC’s maximum aggregate liability to you for any loss or damage or injury arising out of or in connection with these Terms of Use, including any breach by APNIC of these Terms of Use however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of fees actually paid by you to APNIC in the 12-month period preceding the matter or event giving rise to the claim.

3.3 To the extent liability for breach of any statutory condition or warranty cannot be excluded, APNIC’s liability for providing the Service is limited at its option to re-supplying or paying the cost of re-supply.

4 Indemnity

4.1 You indemnify APNIC and its officers, employees, agents, and sub-contractors, against any losses, liabilities, costs, charges or expenses (including any direct, indirect, special or consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by APNIC, its officers, employees, agents, or sub-contractors, arising out of or in connection with or resulting from:

(a) your use of the Service;

(b) any breach of these Terms of Use;

(d) any claim made by a third party arising out of or in connection with or
resulting from the Service.

4.2 You acknowledge and agree that the indemnity granted in clause 4.1 is expressed, in part, to be for the benefit of a person that is not a party to this document (Third Party Beneficiary). APNIC (and any permitted assignee of APNIC) receives that promise and:

(a) does so not only in its own capacity but also as trustee for the Third Party Beneficiary;

(b) must permit the Third Party Beneficiary to enforce the provision in APNIC’s name on giving full indemnity and any reasonable security APNIC requires;

(c) assumes no other duty or liability to the Third Party Beneficiary, including no duty to inform the Third Party Beneficiary of anything, to supervise, to monitor or to claim anything; and

(d) may revoke the trust or vary or cancel the provision at its discretion without the consent of and without considering the interests of or being responsible for any detriment to any Third Party Beneficiary.