Website Terms of Use.

Terms of Use

These terms of use, along with our, Privacy Policy and other notices, form the basis on which you may access and use our website and electronic systems. We reserve the right to change any or all of our terms of use or other conditions for using our website and electronic systems at any time by publishing the new terms or conditions on our website. Your use of our website and electronic systems constitutes your acceptance of those terms. Should you object to any of our terms of use or other notices on our websites or electronic systems your sole option is to immediately cease your use of the Websites.

Information on our website and in any smart form should not be regarded as a substitute for professional legal, financial or other professional advice.

MaxID and its related entities and any entities responsible for maintaining our website and electronic systems and services make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our website or electronic systems by or on behalf of MaxID, and any Third Party Content on our website or electronic systems) and MaxID and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our websites, electronic systems or publications.

Definitions

Agreement means these terms of use, the MaxID Privacy Policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time;

Restrictions on use of websites and electronic systems

In accessing or using our websites and electronic systems you agree that you will not:

• use any automated device, software, process or means to access, retrieve, scrape, or index our websites or any content on our websites and electronic systems;
• use any device, software, process or means to interfere or attempt to interfere with the proper working on our websites and electronic systems;
• undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;
• use any content on, or index our websites and electronic systems for purposes of constructing or populating a searchable database or competing with us in any manner;
• transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;
• use our websites and electronic systems or any content from our websites and electronic systems in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available;
• violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
• pose as any person or entity or attempt to solicit money, passwords or personal information from any person;
• act in violation of any Term of Use or other condition posed by us or any applicable law;
• reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our websites and electronic systems or any content on our websites and electronic systems, except as expressly authorised by us; or
• transmit or attempt to transmit any computer viruses, worms, defects, trojan horses or other items of a destructive nature.

We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our websites and electronic systems, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

Copyright

The subject matter on and accessible from our websites and electronic systems and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968. MaxID grants visitors to the site permission to download copyright material only for private and non-commercial purposes. For reproduction or use of MaxID copyright material beyond such use, written permission must be obtained directly from MaxID or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner’s name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

Indemnity

You agree to indemnify and hold harmless MaxID, MaxID’s subsidiaries and affiliates and related bodies (and the officers, agents, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including reasonable attorneys’ fees arising out of, or in connection with your use and access to the websites and electronic systems not in accordance with these terms.

Limitation of liability

Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our sole discretion and option, to the re-supply of services or payment of the cost of re-supply of services or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL MAXID OR ANY RELATED BODIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED BY OR AWARDED AGAINST YOU UNDER OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE AGGREGATE LIABILITY OF MAX ID PTY LIMITED AND ITS RELATED ENTITIES FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00.

Jurisdiction

Your use of this website and electronic systems and all of our legal notices will be governed by and construed in accordance with the laws of the New South Wales, Australia and by using our websites and electronic systems sites you irrevocably and unconditionally submit to the jurisdiction of the courts of that New South Wales.

Permitted Purpose

Verifying an individual’s name, date of birth and residential address for lawful purposes of identity verification from the following list:

1. Opening or adding signatories for a deposit account, cheque account or cash management trust account 

   Australian Bank, Building Society, Credit Union and other Australian persons specified in the AML CTF Rules opening an account or allowing a person to become a signatory to an account with a bank, building society, credit union or a person specified in the AML CTF Rules (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for new account holder or new signatory). In this context account is limited to deposit accounts, term deposit accounts, cheque accounts and cash management trust units and excludes loan accounts and credit card accounts.

    

2. AFSL holders (including Australian financial planners, stock brokers, financial advisors) providing financial product advice to new customers 

   An Australian entity in the capacity of holder of an Australian Financial Services License lawfully making arrangements to provide financial product advice for the first time to a new individual customer. (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the new customer )

    

3. Making a secured personal loan (excluding loans secured by real estate) 

   An Australian entity making a loan to an individual where the loan is made in the course of carrying on a loans business, the loan is secured against personal property, the security interest is registered in the PPSR and the value of the security exceeds the amount of the loan (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the borrower)
    

4. Issue a new debit card or adding a signatory 

   An Australian Bank, Building Society, Credit Union, Trustee, Trust Manager or other specified person issuing a debit card or allowing a person to become a signatory that enables the holder of an account or a signatory to debit the account where the account provider is a bank, building society, credit union or a person specified in the AML CTF Rules (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID of the account holder or new signatory)

   In the case of an Australian Trustee or Trust Manager issuing a debit card or allowing a person to become a signatory that enables the holder of a beneficial interest in the trust or a signatory authorised by a holder of a beneficial interest in the trust to debit the account where the account is held by the trustee or manager of the trust and the account provider is a bank, building society, credit union or a person specified in the AML CTF Rules (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID of the beneficial interest holder or new signatory)
    

5. Issue a stored value card to a person or increasing the monetary value stored on a card 
   An Australian entity in the business is issuing stored value cards issuing a stored value card or increasing the monetary value stored in connection with a stored value card to a person where none or the whole or part of the monetary value stored in connection with the card may be withdrawn in cash (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID of the card holder)
    
6. Finance leases and hire purchase 

   An Australian entity supplying goods by way of lease under a finance lease or hire purchaser in the course of carrying on a business where the goods are not acquired by a consumer (as defined in the Competition and Consumer Act 2010) and a security interest is registered in the PPSR and the value of the security exceeds the amounts payable under the lease or hire purchase (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID of the lessee or hirer)
    

7. AFSL holders (including Australian financial planners, stock brokers, financial advisors) providing securities and derivatives investment services to a new customer 

   An Australian entity In the capacity of agent of a person acquiring or dispensing of a security, a derivative, a foreign exchange contract, a bill of exchange a promissory note, letter of credit on behalf of the person where the acquisition or disposal is in the course of carrying on a business (AML CTF Rule 4.2.11 documentation-based Safe Harbour- Certified true copies of 100 points of ID for the new customer)
    

8. Responsible entity issuing or selling interests in an Australian managed investment scheme (managed funds, pooled investments) to an investor 

   An Australian responsible entity making arrangements to lawfully issue or sell interests in an Australian managed investment scheme to an investor.  (AML CTF Rule 4.2.11 documentation-based Safe Harbour- – Certified true copies of 100 points of ID for the new investor )
    

9. Issuing life insurance, pension, sinking fund and annuity policies 
   Australian APRA regulated insurance companies accepting premiums or issuing or undertaking liability as the insurer under a life policy or a sinking fund policy (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the new holder)

   An Australian entity in the capacity of an Australian provider of a pension or annuity that is not a self-managed superannuation fund accepting payment of the purchase price for a new pension or annuity where the pension or annuity is provided in the course of carrying on a business (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the new holder)
    

10. Superannuation contributions, rollovers and transfers 
    An Australian entity in the capacity of a trustee of a superannuation fund that is not a self-managed superannuation fund or approved deposit fund accepting a contribution, roll-over or transfer in respect of a new or existing member of the fund (AML CTF Rule 4.2.11 documentation-based Safe Harbour –  Certified true copies of 100 points of ID for the new or existing member)
     
11. Contribution, rollover or transfer to a Retirement Savings Account -Certified true copies of 100 points of ID for the RSA holderAn Australian entity in the capacity of an Australian retirement saving account provider accepting a contribution, rollover or transfer to a retirement saving account in respect of a new or existing retirement saving account holder (AML CTF Rule 4.2.11 documentation-based Safe Harbour)
     
12. Custodial and depositary services 
    An Australian entity providing a custodial or depositary service where the service is provided in the course of carrying on a business of providing custodial or depositary services (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the client of the service)
     
13. Gambling Services 
    An Australian entity providing an online gambling service where the customer is required to open an account to obtain the service and the customer is not permitted to withdraw any funds from the account prior to carrying out identity verification (AML CTF Rule 4.2.11 documentation-based Safe Harbour – Certified true copies of 100 points of ID for the account holder)
     
14. Real Estate Agent Clients 
    Australian Licensed Real Estate Agents providing services to an individual that is the buyer or a seller of Australian real estate – Certified true copies of 100 points of ID for the client buying or selling Australian real estate
     
15. Other services provided by Australian private sector organisations where it is reasonably necessary to verify the identity of an Australian individual with certified true copies of identity documentation including government identifiers for the purpose of an organisations Australian activities or functions