Thank you for using the Olasio application (Application) provided by Redbook Inspect Pty Ltd (ABN 67 125 096 077) trading as Olasio (we, us or our). By clicking “I Accept” or otherwise indicating your acceptance of these terms, you agree to be bound by this agreement. All capitalised terms have the meaning given in the main body of these terms, or in clause 16.

• 1.1 We assist third party organisations selected by you via the Application, or that are nominated in Task Requests sent to you (Organisations), to collect information uploaded by you (Your Information) so that it may be used for the relevant Purpose (Service).
• 1.2 Without limiting clause 1.3, by uploading Your Information via the Application you authorise us and the relevant Organisation to:
  1. store Your Information on the Olasio Portal to provide the Service;
  2. use Your Information for the Purpose; and
  3. provide Your Information to the Organisation, which will use Your Information in accordance with its own Privacy Policy.
• 1.3 You acknowledge that we may also collect and use Your Information in accordance with our Privacy Policy.

• 2.1 Where the Purpose of the Service is to perform an ID Verification, you authorise us, and our Service Providers, to:
  1. use Your Information by matching or checking it against various third party databases (including the DVS) to confirm your identity, and retrieve further information about you from your selected financial institutions to verify your bank accounts;
  2. provide Your Information to our Service Providers for those entities to provide verification activities as part of our Service; and
  3. provide the ID Verification Results to your relevant Organisation.
• 2.2 Subject to clause 7 (and subject to the extent we are required to retain it by law), where the Purpose of collection of Your Information is only for ID Verification, we will delete Your Information from the Olasio Portal after a reasonable period when it is no longer needed to provide the Service.

• 3.1 You represent and warrant that:
  1. you have all necessary consents required to lawfully provide Your Information to us to perform the Service and for it to be used for the Purpose (including with the permission of any joint account holders in relation to financial information required for an ID Verification);
  2. Your Information complies with all relevant laws and regulations, and is not obscene, inappropriate, defamatory, disparaging, indecent, offensive, pornographic, threatening, abusive, liable to incite racial or other hatred, or in any way discriminatory;
  3. Your Information is at all times accurate, true and correct, and not misleading or deceptive; and
  4. you have authorised your Organisation to provide us with your personal information (eg contact details) in relation to the Services
• 3.2 You acknowledge that our Services are not intended for use with, and it is your responsibility to ensure that Your Information uploaded to the Application does not contain any information specified within the Application as being of a type that should not be uploaded, or any of the following sensitive information (Sensitive Information):
  1. medical information;
  2. credit card details (except where expressly requested by the Service for the Purpose of an ID Verification);
  3. any other information which is defined as “sensitive information” under the Privacy Act 1988 (Cth), including information or an opinion about an individual’s:
     1. racial or ethnic origin;
     2. political opinions;
     3. membership of a political association;
     4. religious beliefs or affiliations;
     5. philosophical beliefs;
     6. membership of a professional or trade association;
     7. membership of a trade union;
     8. sexual preferences or practices; or
     9. criminal record.

• 4.1 We grant you a non-exclusive, non-transferable and revocable licence to download and use the Application to provide Your Information to us (to allow us to perform the Service). You must not make any other use of the Application.
• 4.2 In particular, you must not (and not permit anyone else to):
  1. use the Application for any unlawful or unauthorised purpose (including to send unsolicited messages or to transmit any harmful or malicious code, or to publish or upload information that violates clause 3.1(b) or 3.2);
  2. reverse engineer, modify, disassemble, decompile, distribute, publish, copy, reproduce, create derivative works from or otherwise distribute or resell the Application or ID Verification Results;
  3. reverse engineer, modify, disassemble, decompile, distribute, publish, copy, reproduce, create derivative works from or otherwise distribute or resell the Application or ID Verification Results;
  4. do anything that compromises the stability or security of the Application or the Services, or interferes with any other user;
  5. do anything that damages our name or reputation, or violates our Intellectual Property Rights in the Application; or
  6. resell, publish, copy, reproduce or otherwise distribute the Application or the Services, or otherwise infringe our (or our Service Provider’s) Intellectual Property Rights in the Application or Services.
• 4.3 You must immediately notify us if you become aware of any unauthorised use of the Application. You acknowledge that we may monitor your use of the Application or the Service.

• No fees are payable for your use of the Application.

• 6.1 We at all times own all Intellectual Property Rights in the Application, the Services (including all updates to our databases) and the Service Outputs (eg ID Verification Results). Nothing in this agreement transfers any Intellectual Property Rights to you.

• 7.1 We will at all times handle and use Your Information (including any ID Verification Results where the Purpose of collection is an ID Verification) in accordance with:
  1. all relevant Privacy Laws; and
  2. our Privacy Policy.
• 7.2 You must ensure your disclosure of Your Information to us (in order to provide the Services and use for the Purpose) complies with all relevant Privacy Laws.
• 7.3 Without limiting any of our rights in our Privacy Policy, you acknowledge that:
  1. we may de-identify Your Information (including any data associated with your use of the Application or the Services) so it can no longer be associated with you or used to identify you (De-identified Information); and
  2. make secondary uses of the De-identified Information, such as use it for our own commercial or business purposes. without limitation.

• 8.1 Except as otherwise permitted by this agreement, each party must: (a) only use Confidential Information as necessary to provide or receive the Services; and (b) maintain the confidentiality of the other party’s Confidential Information.
• 8.2 The confidentiality obligations in clause 8.1 do not apply to information that: (a) is or becomes legally in the public domain at the time of disclosure without a breach of clause 8.1; (b) is legally obtained from a third party; (c) was in already in the possession of a party at the time of disclosure without any associated obligation of confidentiality; (d) has been independently developed by a party; or (e) is required to be disclosed by law or the rules of a stock exchange.
• 8.3 We will use reasonable security measures to protect your Confidential Information from unauthorised access.

• 9.1 (Non-excludable rights and remedies) This agreement does not exclude, restrict or modify any right or remedy conferred on you by an applicable statute (eg the Australian Consumer Law) that cannot be excluded, restricted or modified.
• 9.2 Subject to clause 9.1:
  1. Application and Service is provided on an “as is” and “as available” basis;
  2. exclude all liability for:
     1. any reliance placed by you or the Organisation on the Application or our Services (including any Service Outputs such as ID Verification Results);
     2. the Application or Service (including any Service Outputs) being delayed, unavailable, inaccurate, incomplete or not up-to-date;
     3. any errors or omissions you make in using the Application or providing Your Information;
     4. any loss or corruption of Your Information or other data, or any damage or contamination to a computer system or network (through the download of a virus, harmful code or otherwise) relating to your use of the Application;
     5. any loss of profit, revenue, anticipated savings, goodwill, reputation or opportunity, or any other indirect or consequential loss or damage (whether arising in contract, tort, negligence or otherwise) which you may suffer or incur;
  3. exclude any representation, warranty or condition that would be implied by law in relation to the Application or the Service.
• 9.3 (Our liability to you) Subject to clause 9.1 and to the extent permitted by law, our liability to you in relation to the Services or under this agreement, is limited to $1,000. The foregoing liability limit does not apply to liability arising from our fraud or wilful misconduct. .To avoid doubt, to the extent permitted by law, all disclaimers and limitations of liability in this clause 9 will also apply to Third Party Services that form part of the Services.
• 9.4 (Organisation’s Decisions & Products) You acknowledge that:
  1. we are not liable for any business decision (including a decision not to provide any products or services to you) made by the relevant Organisation based on Your Information or the Services (including any Service Outputs such as ID Verification Results); and
  2. we are in no way responsible for your relationship with the Organisation, or the Organisation’s products, services, acts or omissions.
• 9.5 (Third Party Links) The Application may contain links to third party websites. You acknowledge that we are not responsible for those third party websites (or products, services or information supplied via those sites), and are not liable in any way for your access to those links.

• 10.1 You acknowledge that your breach of this agreement may cause significant loss and damage to us (e.g. arising from your failure to comply with the information warranties in clause 3, or using the Service in breach of a restriction in clause 4.2).
• 10.2 (Your indemnity) You indemnify us for all Loss suffered or incurred by us that arises as a result of your breach of this agreement.
• 10.3 acknowledge that Loss suffered or incurred by our third party Service Providers will be considered Loss suffered or incurred by us for the purposes of recovery under clause 10.2.
• 10.4 Your indemnification obligations under this clause 10 are reduced to the extent that liability was caused or contributed by us. Your total liability under an indemnity shall not exceed $5 million.

• 11.1 We may amend this agreement from time to time by publishing an updated version on the Olasio Website. The updated agreement will govern the Services we provide following publication of the updated version, but will not affect Services that have already been provided, which will continue to be governed by the version of this agreement in place at the time the Services were carried out.
• 11.2 If any of our changes to this agreement under clause 11.1 are detrimental to you, you may cease using the Service, or terminate this agreement (and your use of the Application) by written notice to us.
• 11.3 You acknowledge that we may change or discontinue the Application and/or Service at any time (without liability to you).

• 12.1 A party may terminate this agreement if there is a breach by the other which is not rectified within 30 days of written notice, or which is not capable of being rectified. Without limiting our rights under this clause 12.1, we may immediately terminate this agreement if you breach your obligations under clause 3, 4 or 6 or if we cease to offer the relevant Service.
• 12.2 Acting reasonably, we may suspend your access to the Application or the Service (including where we suspect you are in breach of your obligations in this agreement).
• 12.3 On termination or expiry of this agreement: (a) your licence to the Application terminates; (b) you must immediately cease using the Application and delete copies of the Application; and (c) we will delete Your Information in accordance with clause 2.2 (except to the extent we are permitted to continue using it in accordance with this agreement).

• 13.1 Neither party shall be liable for a breach of this agreement to the extent caused by an external event beyond the reasonable control of a party, including, without limitation, acts of war, terrorism or civil commotion, cyber or data security attack, embargo, strike or lockout, epidemic, natural disaster or any other act of god or act of any government agency (Force Majeure Event). If the Force Majeure Event continues for a period of 30 days or more, the party not relying on the Force Majeure Event may terminate this agreement.

• 14.1 You acknowledge that we may provide notices to you electronically, via the email you have provided (as part of the registration process). Where any notifications apply generally to users of the Application, we may provide notice via a notification published on the Olasio Portal.
• 14.2 You may send notifications to us via info@olasio.com.

• 15.1 (Assignment) A party must not assign or novate this agreement, except with the prior written permission of the other party (not to be unreasonably withheld). You acknowledge that we may assign our rights or novate this agreement to any of our Related Bodies Corporate.
• 15.2 (Severability) If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.
• 15.3 (No waiver) No delay or failure by either party to exercise a right under these terms prevents the exercise of that right or any other right on that or any other occasion.
• 15.4 (Survival) Any provision of this agreement which is by its nature a continuing obligation will survive termination of this agreement (eg clause 9 (Disclaimer & Liability) and clause 10 (Indemnity)).
• 15.5 (Third Parties Service Providers and DVS Manager) You acknowledge that: (a) aspects of our Services may involve data, technology or services provided by our Service Providers or through the DVS (Third Party Services), and (b) our Service Providers and the DVS Manager are entitled to rely on the terms of this agreement (including an indemnity, disclaimer or limitation of liability) in relation to the Third Party Services they provide, and may directly enforce a term of this agreement against you. We appoint each Service Provider and the DVS Manager as a third party beneficiary for this purpose. You acknowledge that, where the Application indicates that your ID Verification will be carried out via the DVS Manager’s platform, you will be subject to a separate legal agreement directly between you and the DVS Manager, on the terms specified in or via the Application (“NCC Terms”). You agree to comply with the NCC Terms and indemnify us for all Loss suffered or incurred by us that arises as a result of your breach of the NCC Terms. You acknowledge and agree that ID Verification Results may take up to 7 days to be processed and the timeliness of verifications may be affected by a range of factors including the accuracy of Your Information submitted via the Application.
• 15.6 (Laws) This agreement is governed by the laws of Victoria, Australia.
• 15.7 (Interpretation) A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation.

• Capitalised terms used in this agreement have the following meanings:
• Confidential Information means all information that is by its nature confidential (ie not part of public domain).
• DVS means the Australian Government’s document verification service.
• DVS Manager means National Crime Check Pty Ltd or other entity as specified within the Application.
• ID Verification verifying your identity by:
  1. verifying your bank accounts using data retrieved from your selected financial institutions; and/or
  2. verifying your identification documents by matching information against various databases.
• ID Verification Results means the results from using Your Information to perform an ID verification check and may include information you provided via the Application (such as your name, date of birth, copies of identity documents etc), together with technical information derived from your ID Verification submission (such as IP address and estimated device location).
• Intellectual Property Rights means all rights (whether registered or unregistered) in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, inventions, know-how, product or business concepts and any other identifiable result of intellectual endeavour, whether arising under statute or otherwise.
• Loss means all loss, liability, damage, cost, claim or expense.
• Your Information has the meaning in clause 1.1. Where the Purpose of collection is to perform an ID Verification, Your Information will also include information about you that is retrieved from your relevant third party financial institution(s).
• Olasio Portal means the web portal where we store Your Information.
• Olasio Website means https://www.olasio.com.
• Organisation has the meaning in clause 1.1.
• Privacy Laws means the Privacy Act 1988 (Cth) and any other applicable privacy laws, including any determination, code or guideline issued under those laws in Australia.
• Privacy Policy means the Olasio privacy policy located at https://www.redbookinspect.com.au/Privacy. Where we provide Your Information to our third party Service Providers, this may also include the privacy policies of those Service Providers. The Privacy Policy of the DVS Manager is located at https://www.nationalcrimecheck.com.au/privacy-policy.
• Purpose means the purpose for which Your Information is being collected and used by the Organisation, as specified in our communication to you inviting you to participate in the Service (eg via SMS or email), or via the Application.
• Related Bodies Corporate has the meaning in the Corporations Act 2001 (Cth).
• Sensitive Information has the meaning in clause 2.2.
• Service has the meaning in clause 1.1.
• Service Outputs means all outputs of the Services (eg ID Verification Results).
• Service Providers means all third party service providers we engage to provide data, technology or services for us to perform the Services. For example, where the Purpose of collection of Your Information is to perform an ID Verification, this will include National Crime Check Pty Ltd.
• Task Request means an invitation sent by us on behalf of an Organisation, asking for you to complete a task or activity via the Application (e.g., ID Verification or asset verification).
• Third Party Claim means any claim, suit, action or demand by a third party.
• Third Party Services has the meaning in clause 15.5.