OLASIO APPLICATION - END USER TERMS
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:
- store Your Information on the Olasio Portal to provide the Service;
- use Your Information for the Purpose; and
2. ID VERIFICATION SERVICE
Where the Purpose of the Service is to perform an ID Verification, you authorise us, and our Service Providers, to:
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;
provide Your Information to our Service Providers for those entities to provide verification activities as part
of our Service; and
provide the ID Verification Results to your relevant Organisation.
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. YOUR INFORMATION WARRANTIES
You represent and warrant that:
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);
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;
Your Information is at all times accurate, true and correct, and not misleading or deceptive; and
you have authorised your Organisation to provide us with your personal information (eg contact details) in
relation to the Services
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
credit card details (except where expressly requested by the Service for the Purpose of an ID Verification);
any other information which is defined as “sensitive information” under the Privacy Act 1988 (Cth), including
information or an opinion about an individual’s:
- racial or ethnic origin;
- political opinions;
- membership of a political association;
- religious beliefs or affiliations;
- philosophical beliefs;
- membership of a professional or trade association;
- membership of a trade union;
- sexual preferences or practices; or
- criminal record.
4. LICENCE TO USE APPLICATION
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
In particular, you must not (and not permit anyone else to):
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);
reverse engineer, modify, disassemble, decompile, distribute, publish, copy, reproduce, create derivative works
from or otherwise distribute or resell the Application or ID Verification Results;
reverse engineer, modify, disassemble, decompile, distribute, publish, copy, reproduce, create derivative
works from or otherwise distribute or resell the Application or ID Verification Results;
do anything that compromises the stability or security of the Application or the Services, or interferes with
any other user;
do anything that damages our name or reputation, or violates our Intellectual Property Rights in the
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.
In addition to the above, you must comply with any acceptable use policy for the Application which we may
publish on the Olasio Website from time to time.
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. INTELLECTUAL PROPERTY RIGHTS
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.
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:
all relevant Privacy Laws; and
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.
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
use the De-identified Information for any purpose whatsoever (including for any commercial purpose)
8. CONFIDENTIALITY & SECURITY
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
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
We will use reasonable security measures to protect your Confidential Information from unauthorised
9. DISCLAIMER & LIABILITY
You acknowledge the following (to the extent permitted by law):
The Application and Service is provided on an “as is” and “as available” basis;
We exclude all liability for:
any reliance placed by you or the Organisation on the Application or our Services (including any Service
Outputs such as ID Verification Results);
the Application or Service (including any Service Outputs) being delayed, unavailable, inaccurate,
incomplete or not up-to-date;
- any errors or omissions you make in using the Application or providing Your Information;
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) through your use of the
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;
We exclude any representation, warranty or condition that would be implied by law in relation to the Application
or the Service (except to the extent this cannot be excluded under clause 9.4 below).
Except for liability which cannot be limited under applicable law, to the extent we have any liability to you in
relation to the Services or under this agreement (however arising, including under an indemnity), our liability is limited to resupply
of the Services. To the extent permitted by law, in no event shall our aggregate liability under this agreement exceed $5,000.
To avoid doubt, all disclaimers and limitations of liability in this clause 9 will also apply to Third Party Services
that form part of the Services.
(Organisation’s Decisions & Products) You acknowledge that:
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
we are in no way responsible for your relationship with the Organisation, or the Organisation’s products,
services, acts or omissions.
(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.
(Consumer Law) Clause 9.1 does not apply to exclude any right or remedy provided by Consumer Law that
cannot be excluded, restricted or modified. However to the extent permitted by law, our liability in relation to a
Consumer Law is limited to the supplying the Services again.
(Your indemnity) You indemnify us for all Loss suffered or incurred by us that arises as a result of your breach
of this agreement.
You 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 10.1.
(Our indemnity) Subject to clauses 10.4, 10.5, we will defend you from any Third Party Claims against you which
directly arise due to the technology comprising the Application infringing a third party’s Intellectual Property Rights.
This indemnity does not apply to the extent the infringement has been caused or contributed to by (a) you, Your
Information, or the Organisation, or (b) the Third Party Services.
You must: (i) promptly give us written notice of the relevant Third Party Claim; and (ii) allow us to conduct the
defence and settlement of any Third Party Claim. Our obligation to indemnify you under clause 10.3 is limited to
paying the cost of defending the Third Party Claim, and the damages awarded by a court directly arising from the
indemnified Third Party Claim.
If the technology comprising the Application is alleged to infringe a third party’s Intellectual Property Rights, we
may, at our sole option and expense, elect to modify or replace the Application so it is non-infringing, or cancel
supply of the Application and Services and terminate this agreement (without any liability to you). To the extent
permitted by law, this clause states our sole liability, and your sole remedy, with respect to our Application
infringing a third party’s Intellectual Property Rights.
Each party’s liability under an indemnity is reduced to the extent that liability was caused or contributed by the
We may amend this agreement from time to time by publishing an updated version on the Olasio Website. After
downloading the Application, you should check the Olasio Website on a regular basis to ensure you are aware of
any changes. Your continued use of the Application indicates that you accept any updates to the agreement.
If any of our changes to this agreement under clause 11.1 are detrimental to you, you may terminate this
agreement (and your use of the Application) by written notice to us.
You acknowledge that we may change or discontinue the Application and/or Service at any time (without liability
12. TERMINATION & SUSPENSION
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 clauses 3, 5 or 6 or if we cease to offer
the relevant Service.
We may suspend your access to the Application or the Service at any time at our sole discretion (including where
we suspect you are in breach of your obligations in this agreement).
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
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.
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.
You may send notifications to us via firstname.lastname@example.org.
(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.
(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.
(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.
(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)).
(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.
(Laws) This agreement is governed by the laws of Victoria, Australia.
(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).
Consumer Law means the Competition and Consumer Act 2010 (Cth).
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:
verifying your bank accounts using data retrieved from your selected financial institutions; and/or
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
Loss means all loss, liability, damage, cost, claim or expense.
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.
means the Privacy Act 1988 (Cth) and any other applicable privacy laws, including any
determination, code or guideline issued under those laws in Australia.
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
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).
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.