Terms & conditions

As a Licensed User of this product, your use is governed by terms and conditions signed and agreed to by your organization and D&B

These terms and conditions impose obligations on you as a Licensed User and these obligations are summarized for you below. If you have any queries in relation to how you can use this product, please contact the administrator in your organization.

Access

As a Licensed User you have received a User ID. The User ID is intended only for each Licensed User’s individual use and may not be shared with other persons or entities either within your organization or externally.

Your organization has a defined number of Licensed Users for each tier of the product. D&B reserves the right to monitor your use of the product to ensure compliance with the terms and conditions and prevent fraudulent use.

How you may use the product

In consideration of paying service fees for the product, D&B has granted to your organization a non-transferable, non-exclusive licence (Licence) for the term of the Licence only to:

  1. use the product as specified in the terms and conditions (which are summarized here); and
  2. subject to the limits and restrictions in the terms and conditions, Copy parts (but not all) of the product as part of its business for internal use.

For each Copy that your organization and you as Licensed User is permitted to make, you must:

  1. cite the product as the source of that copy; and
  2. not remove any copyright or credit notice included in the original product.

The product has a number of download limits that must not be exceeded. Please contact your administrator to obtain your limits. Please note if those limits are exceeded your organization may incur additional charges or have the Licence suspended or cancelled.

Copyright

You acknowledge that the product comprises the intellectual property of D&B and comprises works of original authorship, including compiled information containing D&B’s selection arrangement and coordination and expression of such information or pre-existing material it has gathered or assembled, confidential and trade secret information, and information that has been created, developed and maintained by D&B at great expense of time and money such that misappropriation or unauthorised use by others for commercial gain would unfairly and irreparably harm D&B. You shall not commit any act or omission which would impair D&B’s intellectual property rights in the product

You also acknowledge that the product may contain underlying material the subject of copyright and other intellectual property rights owned by third parties. You shall not commit any act or omission which would impair the intellectual property rights of those other parties.

User restrictions

Except as expressly permitted under the terms and conditions your organization and you as a Licensed User must not:

  1. copy part or all of the product;
  2. engage in any form systematic extraction of the data including but not limited to the use of “screen-scraping”, “bots” and “spiders”.
  3. allow another organisation or individual who is not a Licensed User to have access to the product;
  4. copy any software included in or supplied in conjunction with the product;
  5. modify, translate, adapt, reverse engineer or otherwise tamper with the product or any of the information forming part of it;
  6. merge any part of any product with any other data base;
  7. use the product in contravention of any applicable laws including but not limited to laws and regulations relating to SPAM, privacy and trade practices;
  8. use the product to create, publish, distribute or otherwise disseminate any publication, document or other written or verbal work of an illegal, defamatory, libellous or obscene nature; or
  9. grant any sublicence of, or assign, transfer or create any security interest or other right or interest in any of the rights granted under the terms and conditions.

The product provides Licensed Users with access to ASX Data. Where you access the ASX Data:

  1. you will not resupply the ASX Data or any information derived from the ASX Data (other than indices) to any other person; and
  2. you will, in addition to the other user restrictions above, comply with any requirements in the ASX Market Data Products & Services Guide.

Privacy obligations

As a Licensed User you agree to:

  1. comply with the Privacy Laws in respect of any Personal Information received by you from D&B;
  2. co-operate with D&B in the resolution of any complaint alleging breach of the Privacy Laws or a privacy policy by D&B in relation to Personal Information disclosed by D&B to you; and
  3. immediately to notify D&B if you become aware of a breach by you of any part of your privacy obligations.

You:

  1. acknowledge that the information supplied by D&B in the product to you is for your exclusive use and such information is supplied in confidence and cannot be disclosed or provided to another individual or organisation without D&B’s prior written consent; and
  2. shall not identify either D&B or its confidential publications as a source of reference unless you first obtain written permission to do so from D&B, which permission shall be in the sole discretion of D&B.

No warranties and exclusion of liability

D&B does not and cannot guarantee or warrant the correctness, completeness, merchantability or fitness for a particular purpose of any information provided in the product. Such information is to be considered current within D&B’s established procedures for updating information and products and usually is not the product of independent investigation prompted by an enquiry. You acknowledge that every business decision, to some degree or another, represents an assumption of risk and that D&B in providing information in the product does not and cannot underwrite your risk in any manner whatsoever.

To the maximum extent permitted by law you as a Licensed User agree that, despite any negligence or omission on the part of D&B or its third party information suppliers, D&B and its third party information suppliers shall be under no liability to you in respect of any loss, liability or damage of any kind suffered or incurred by you, including loss of profits and any indirect, consequential or economic loss, arising out of or relating to:

  1. the supply of any information in the product to you;
  2. any delay in supplying or failure to supply any information in the product to you;
  3. any decision made using information supplied by D&B in the product;
  4. the product, your use or misuse by of it by you or your negligence; or
  5. any third party ecommerce solutions which may be accessed by you via D&B’s online services or the product.

All conditions and warranties expressed or implied by statute, the common law, equity, trade, custom or usage or otherwise are expressly excluded to the maximum extent permitted by law.

So far as the law permits, the liability of D&B for a breach of a condition or warranty that cannot be excluded is limited, at D&B’s option, to:

  1. in the case of goods:
    1. the replacement or repair of the goods;
    2. the supply of equivalent goods; or
    3. the cost of replacing or repairing the goods or of acquiring equivalent goods; and
  2. in the case of services:
    1. the supply of the services again; or
    2. the cost of having the services supplied again.

Definitions

In this summary of the terms and conditions, the following words and phrases have the following meanings:
ASX means ASX Limited, ABN 98 008 624 691
ASX Data means Top of the Market Information that has been delayed for a minimum period specified in the ASX Market Data Products & Services Guide and EOD (End of Day) information displayed in the Licensed Product
ASX Market Data Products & Services Guide means the document published by the ASX, a copy of which can be accessed at www.asxonline.com.
Copy means a copy in any form, including a printed copy, a photocopy, an electronic copy and a digital copy, and "to copy" means to copy or reproduce in any form.
Individual has the meaning given in the Privacy Act.
Personal Information has the meaning given in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) 
Privacy Law means the Privacy Act and any other applicable privacy laws including any determination or guideline issued by the Federal Privacy Commissioner under the Privacy Act including the Credit Reporting Code of Conduct.
Top of the Market Information has the meaning given to that term in the ASX Market Data Products & Services Guide.