Alares Systems Pty Ltd –Terms and Conditions

  1. General
    1. Alares Systems Pty Ltd ( Alares ) owns and operates this website at www.alares.com.au (the Site ).
    2. References to “we”, “us” or “our” are references to Alares and its subsidiaries, associates, and officers unless otherwise stated.
    3. The Site is a website where users can obtain access to our records ( Records ) of information about individuals or corporations in respect of any current or past action brought against, by or involving them in various courts within Australia.
    4. Your access to the Site is conditional upon your acceptance and compliance with these Terms and Conditions and payment of your fees. Your use of, and/or access to the Site, constitutes your agreement to these Terms and Conditions.
  2. Access to Site and Records
    1. In return for your compliance with these Terms and Conditions, we will provide you with access to the Site and, subject to your payment of the relevant fees, the Records. The Site and Records are offered in the English language only.
    2. You will only be entitled to access the Records when our fees for that access have been paid. If you seek to obtain access to the Records when our fees have not been paid, you may be prompted to pay the fees.  Access to the Records and/or the Site may be suspended or terminated at any time when our fees are unpaid.
    3. You agree not to attempt to obtain access to any Records (nor permit anyone else on your behalf to try to do so) unless our fees have been paid.
  3. Disclaimer and Liability
    1. While we have taken all due care, we do not guarantee that the Site or Records will be free from viruses or that access to the Site or Records will be uninterrupted.
    2. The information contained in this Site does not constitute legal or financial advice and is not intended to replace legal or financial advice.
    3. To the extent permitted by law, we will not be responsible or liable, whether in contract, tort or otherwise, for any adverse consequences for you or anyone else (including by way of direct, indirect or consequential losses, failure to realise expected profits or savings, any other commercial or economic loss of any kind and damages) arising in any way out of our delivery (or non-delivery) of, your use of, access to or reliance upon the Records or information contained on the Site, including in relation to any errors in, or omissions from, the Records or other information on the Site. However, we will endeavour to correct any inaccuracies in the Records or on the Site once we become aware of them.
    4. Information contained in the Records or otherwise on this Site is provided in good faith on an “as is” basis. We do not warrant that the Records or the processes by which they are created will always be accurate, comprehensive, complete or contain every available instance of the records you may be seeking. We do not conduct independent testing of the information listed in the records or on the Site and rely on the testings and information provided by the sources of information and those entities that maintain the sources of information. We do not represent or warrant in relation to the reliability, accuracy or completeness of the Records or other information contained on the Site. 
    5. Information contained in the Records is limited to information that is made publicly available by each source. For some sources, cases that do not involve a hearing (e.g. default judgments) are not included in the Records. For some sources, only the first Applicant and first Defendant are included in the Records. For some sources, parties listed as ‘Anor’ ‘Another’ ‘Ors’ ‘Others’ and other similar abbreviations are not included in the Records. For some sources, parties added to a case after the initial filing are not included in the Records. Party names that are suppressed are not included in the Records. A detailed list of all known exclusions from the Records is available at www.alares.com.au/support/AlaresData
    6. For information sourced from the Australian Securities and Investments Commission (ASIC):
      1. The Search Extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties.
      2. ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability.
      3. ASIC will have no liability to any persons for any inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers.
    7. We do not warrant that the Site or the Records or the access we provide to you to those:
      1. will meet your individual requirements; or
      2. fit any particular requirements that you may have.
    8. Alares only accepts liability for such guarantees and warranties as it is obliged by the Competition and Consumer Act 2010 , or any other legislation in each State and Territory, to give and which cannot lawfully be excluded.
    9. Where we are permitted by law (and subject to clause 3.6):
      1. we do not warrant or represent the suitability of the Records, the Site or any information contained on the Site for any purpose; and
      2. we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Records, the Site or any information contained on the Site, including in relation to any errors in, or omissions from, the Records or other information on the Site.
    10. Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
    11. To the fullest extent permitted by law, all other warranties, statutory or implied, are excluded.
    12. Without limiting the effect of any of the above clauses, our liability and that of our employees, servants or agents for any breach of any condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
      1. the supply of the relevant goods or services again;
      2. repair of any goods; or
      3. payment of the cost of having the goods or services supplied again or repaired.
      4. refund of the fees paid for the relevant goods or services.
  4. External Links
    1. The Site may contain links to external websites not operated by Alares or related parties. These links are provided for your convenience only and we do not make any endorsements, or representations as to the accuracy of information contained on these external websites.
    2. You acknowledge and agree that:
      1. we make no representations or warranties, or have any responsibility or liability for content on external websites;
      2. these links do not indicate (expressly or impliedly), that we endorse the external site or its products or services provided on the sites; and
      3. you access those sites solely at your own risk.
  5. Viruses, faults and defects
    1. You acknowledge and agree that:
      1. Alares does not claim that the Records or any information or files contained on the Site are free from viruses or other defects and faults;
      2. without limiting the generality of clause 3.3 above in any way, Alares has no responsibility or liability to you or any other person for any loss or damage (direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the result of any such information; and
      3. you are responsible for scanning any Records or information and files contained on the Site for viruses.
  6. Your Obligations
    1. You warrant that:
      1. all information provided by you to us is complete, accurate and up to date;
      2. the person accessing the Records or other information contained on the Site is authorised by you to do so;
      3. you will comply with all relevant laws in relation to your use of the Records, the Site and the information contained on the Site;
      4. you will ensure that your login details (including password) are kept in a safe and secure manner;
      5. you will notify us if you are or become aware that there has been unauthorised use of your account; and
      6. you will advise us of any changes to your information provided to us in the registration process.
    2. You agree that you will not:
      1. use the Records or the Site for any activities that will infringe any third party’s rights, or breach any laws, regulations or other industry standards;
      2. use or publish any Records in a way which may infringe third party’s rights or which may cause any liability to be incurred by us or any claims of any nature to be made against us;
      3. use the Records or the Site in a way that interferes with other users’ or customers’ use of the Site;
      4. impersonate another person or use their details without their permission when using the Site or accessing the Records;
      5. transmit, or post any obscene, defamatory or indecent material to or on the Site;
      6. hinder the operation of the Site or access to any Records;
      7. knowingly transmit viruses, worms, defects, trojan horses, or similar disabling or malicious code to the Site or any Records;
      8. use any spider, robot, site search and retrieval application or other mechanism to retriever or index any portion of the Site or any Records;
      9. modify any part of the Site or any Records;
      10. provide, publish, post or create a link to any page or part of the Site or any Records without our express written permission;
      11. link directly to any page of the Site other than via normal navigation of the Site;
      12. post or transmit to the Site any unlawful, threatening, libellous, defamatory, obscene, dangerous, inflammatory, pornographic or profane material, any material that could constitute or encourage conduct that will be considered a criminal offence, give rise to civil liability or would otherwise violate any laws, nor any materials, malware, spyware, computer viruses or other materials which may adversely affect the security or content of the Site or the Records;
      13. violate the security or any security measures of the Site nor that of any of our systems and networks;
      14. access any data on or from the Site which is not intended for you;
      15. probe, scan or test the vulnerability of the Site or any of our systems or networks;
      16. interfere with service to any other user of the Site or anyone’s access to the Records;
      17. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
      18. attempt any of the above acts or engage another person to do any of the above acts; nor
      19. share your login details or access to the Site or Records with anyone else.
  7. Intellectual Property
    1. You acknowledge and agree that:
      1. the copyright and all other intellectual property rights in or arising out of the Site and its components (including but not limited to the software design, text, graphics, layout and material (the Material ) on the Site) are owned by or licensed to us; and
      2. you must not change, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public and part of the Material without our prior written consent.
    2. This Site contains trade marks ( Marks ) which are protected by law.
    3. You acknowledge and agree that you must not:
      1. use any of the Marks without our prior written consent;
      2. use any of the other trade marks of third parties listed on our Site without obtaining the relevant third party owner’s written consent.
  8. Indemnity

    9. You will be liable for and indemnify us, our employees, servants and agents and each of them jointly and severally against any loss, damage, expense or cost of any nature (including, without limitation, full solicitor and client legal costs on an indemnity basis) that any of them incurs or may incur (whether directly, indirectly or consequentially or otherwise) arising out of your use of the Records, the Site or any of its contents or from any breach by you of these Terms and Conditions.

  9. Termination

    10. We may suspend or terminate your access to the Site and/or Records, at any time, if you are in breach of your subscription, fail to pay any fees due to us or otherwise breach any of these Terms and Conditions.

  10. Prices

    11. All prices listed on the Site are in Australian dollars (excluding GST), unless otherwise indicated.

  11. General
    1. These Terms and Conditions will be governed, read and construed in all respect with the laws of the State of Queensland, Australia.
    2. If all or part of any clause in these Terms and Conditions is illegal, unenforceable or void, the remainder of the Terms and Conditions has full force and effect and enforceability.
    3. These Terms and Conditions constitute the entire agreement of the parties and supersede all prior understandings, negotiations, agreements, written or oral, express or implied, in relation to your access to the Site and the Records.
    4. No waiver or breach of any part of these Terms and Conditions shall constitute a precedent or a waiver of any succeeding or other breach of the same.
    5. The next time that you log into the Site to access the Records, you will be asked to agree to our then current Terms and Conditions. We do not warrant that on any such occasion those Terms and Conditions will be the same as these Terms and Conditions.

    12.