Domain Name Registration Terms and Conditions
for Australia and New Zealand
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Domain Name 'Rules of Use'
(criteria list for .au, .nz, .uk, and International Domains)
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.AUSTRALIAN DOMAIN NAMES TERMS AND CONDITIONS
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Summary of Terms and Conditions
Part A - Applicable to Australian Residents and/or .au domain
applications
If your application
for a domain name is accepted and approved, you will be granted a
two year Domain Name Licence for that domain name.
You are required to make several statements to us in relation to
your domain name application - please read them carefully to ensure
that those statements are correct You are entitled to transfer your
domain name registration to another registrar, and we will
facilitate such transfer for you according to our obligations under
auDA's Published Policies.
You are bound by the .au Dispute Resolution Policy (auDRP) in
relation to your registered domain name, as well as such other
dispute resolution policy which may be adopted by auDA from time to
time.
You accept that our liability to you under these terms and
conditions are limited.
1. Definitions
In this document,
unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the
industry self-regulatory body responsible for administering domain
names with the .au suffix.
Domain Name means the domain name which is the subject of your
application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which
is the subject of your application.
Published Policies means those specifications and policies
established and published by auDA from time to time in accordance
with its constitution, and can be found at auDA's web site at
www.auda.org.au.
Registry Operator means the operator of the domain names registry
for the Domain Name.
We, our or us refer to Australian Style Pty Ltd, trading as Bottle
Domains the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a
Domain Name Licence.
2. General
You are bound by
the terms of this document, even if you have entered into this
document through an agent, and even if you licence the use of the
Domain Name to another person.
3. Domain Name
Application and Registration
3.1 Your
application for a Domain Name must be in the form prescribed under
the Published Policies. The Domain Name must comply with the
Published Policies.
3.2 You accept that
even if we have accepted and approved your Domain Name application,
the application may still be rejected by the Registry Operator in
performing its final integrity checks.
3.3 You accept that
neither you, nor we, have any proprietary right arising from the
registered Domain Name, or the entry of a Domain Name in the domain
names registry.
3.4 All personal
information pertaining to you are held by auDA for the benefit of
the Australian public.
4. Domain Name
Licence
4.1 Your Domain
Name Licence will be effective for a two year period, once:
- your application
is accepted and approved by us and by the Registry Operator, and
- you have paid the applicable fees, unless it is cancelled earlier
under the terms of this document or under any Published Policies.
4.2 Your Domain
Name Licence may be renewed every two years, as long as you:
- pay the
applicable renewal fees, and
- continue to meet the eligibility criteria prescribed in the
Published Policies.
4.3 You accept that
it is your responsibility to ensure that your Domain Name Licence is
renewed.
4.4 You may cancel
your Domain Name Licence at any time by notifying us in writing. 4.5
We may cancel your Domain Name Licence if you breach any provision
of this document.
Your Statement to
Us
5.1 You confirm and
state to us and to auDA separately that:
- all the
information set out in your Domain Name application, and all
information you give us, are true and correct, and not misleading or
deceptive, and
- you meet, and continue to meet, the eligibility criteria
prescribed in the Published Policies for registering the Domain
Name, and
- you have not previously submitted for registration with another
registrar, a domain name which is the same as the Domain Name, in
circumstances where:
- you are relying upon the same eligibility criteria for both domain
names, and
- the Domain Name has previously been rejected by the other
registrar, and
- your registration or use of the Domain Name does not infringe any
person's legal rights.
5.2 You accept that
if any of the above statements is found to be incorrect, then either
we or auDA may cancel your Domain Name Licence.
5.3 You agree to in
demnify us and auDA separately for any loss or damage suffered by us
or auDA as a result of any of us relying upon your above statements.
5.4 By applying for
an org.au domain, you warrant that you are a 'not for profit
organisation'.
5.5 Registrants
applying for an id.au domain name warrant that they are an
Australian Resident.
5.6 Registrants
applying for an id.au domain name warrant that the domain name is
derived or related to their name or nickname.
6. Our
Obligations to You
6.1 Once your
Domain Name application is accepted and approved, we will cause your
Domain Name details to be entered in the domain names registry.
6.2 We will give
you immediate notice if:
- we are no longer
an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
our registrar agreement with auDA is terminated by auDA.
6.3 auDA may post
notice of:
- the fact that we
are no longer an accredited registrar, or
- the suspension or termination of our auDA Accreditation, or
- the termination of our registrar agreement with auDA,
on its web site, and may, if it considers appropriate, give such
notice to you directly.
7. Your
Obligations to Us
7.1 Throughout the
period of your Domain Name Licence, you must:
- comply with the
Published Policies, and
- give notice to the Registry Operator (through us) of any change to
any information which you have given us.
7.2 You must not,
directly or indirectly, through registration or use of the Domain
Name or otherwise:
- register a domain
name for the purpose of selling it, or
- register a domain name for the purpose of diverting trade from
another business or web site, or
- deliberately register misspellings of another entity's company or
brand name in order to trade on the reputation of another entity's
goodwill, or
- register a domain name and then passively hold a Domain Name
Licence for the purpose of preventing another person from
registering it.
7.3 You must not:
- transfer or
purport to transfer a proprietary right in any Domain Name
registration, or
- grant or purport to grant a registered Domain Name as security, or
encumber or purport to encumber a Domain Name Licence.
8. Use of Your
Information
You give to:
8.1 auDA, the right to publicly disclose to third parties, all
information relation to the registered Domain Name in accordance
with the Published Policies;
8.2 us, the right
to disclose to the Registry Operator, all information which are
reasonably required by the Registry Operator in order to register
the Domain Name in the domain names registry;
8.3 the Registry
Operator, the right to publicly disclose to third parties, all
information relation to the registered Domain Name to enable the
Registry Operator to maintain a public WHOIS service, provided that
such disclosure is consistent with the National Privacy Principles,
and the Published Policies.
9. Dispute
Resolution
9.1 auDA has in
place a dispute resolution called the auDRP (which stands for .au
Dispute Resolution Policy), which applies in the event of a dispute
between a registrar and a domain name licence holder, or between a
domain name licence holder and a third party, in relation to
entitlements to domain names.
9.2 The auDRP binds
you and us severally as if it were incorporated in this document.
9.3 You accept
that:
- auDA may develop
and implement other dispute resolution policies which are accessible
by you as an alternative and further to any complaints handling
procedure adopted by us, and
- such policies bind you and us severally as if they were
incorporated in this document.
10. Transfer of
Registrars
10.1 We will ensure
that you can easily transfer your Domain Name registration to
another registrar in accordance with the Published Policies. The
Published Policies will address such matters as:
- the maximum fees
which we can charge you for such transfer,
- when we are not allowed to charge you fees,
- the conditions under which we must transfer the registered Domain
Name, and
- the conditions under which we are entitled not to transfer the
registered the Domain Name.
10.2 If:
- we are no longer
an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA,
the Registrant is
responsible for transferring the registered domain name to a new
registrar in accordance with the Published Policies within 30 days
of written notice being provided to the Registrant by auDA.
10.3 If our
registrar agreement with auDA is terminated, we will not charge you
any fee for the transfer of the registered Domain Name to another
registrar.
11. Limitation of
Liabilities
11.1 You must not
pursue any claim against auDA or against us, and neither auDA nor we
are liable to you for any direct, indirect, special, punitive,
exemplary or consequential damages, including but not limited to
damages resulting from loss of use, lost profits, lost business
revenue or third parties damages, arising from any breach by us of
our obligations under this document, or under our registrar
agreement with auDA.
11.2 You accept and
agree that if we have any outstanding fees owing to auDA, which
gives auDA a right to terminate our registrar agreement with auDA,
then auDA may in its sole discretion terminate the registrar
agreement.
11.3 You accept and
agree that neither auDA nor we are responsible for the use of any
Domain Name in the domain names registry, and that auDA is not
responsible for any conflict or dispute with any actual or
threatened claim against a registrar or a domain name licence
holder, including one relating to registered or unregistered
trademark, a corporate, business or other trade-name, rights
relating to a name or other identifying indicium or of an individual
or other intellectual property rights of a third party or relating
to the defamation or unlawful discrimination with respect to any
other person.
11.4 Despite any
other provision of this document, and to the fullest extent
permitted by law, neither auDA nor we are liable to you for
consequential, indirect or special losses or damages of any kind
(including without limitation, loss of profit, loss or corruption of
data, business interruption or indirect loss) suffered by you as a
result of any act or omission whatsoever of auDA or us, and our
respective employees, agents, or sub-contractors.
11.5 Nothing in
this document is to be read as excluding, restricting or modifying
the application of any legislation which by law cannot be excluded,
restricted or modified.
12. Our agency
We enter into this
document as agent for auDA for the sole purpose, but only to the
extent necessary, to enable auDA to receive the benefit of the
rights and covenants conferred to it under this document.
13. General
13.1 In this
document:
- a reference to
this or other document includes the document as varied or replaced
regardless of any change in the identity of the parties;
- a reference to writing includes all modes of representing or
reproducing words in a legible, permanent and visible form;
- headings and sub-headings are inserted for ease of reference only
and do not affect the interpretation of this document; and
- where an expression is defined, another part of speech or
grammatical form of that expression has a corresponding meaning.
13.2 All previous
agreements, statements, explanations and commitments, expressed or
implied, affecting the subject matter of this document are
superseded by this document and have no effect
13.3 If a provision
in this document is held to be illegal, invalid, void, voidable or
unenforceable, that provision must be read down to the extent
necessary, or severed if necessary, to ensure that it is not
illegal, invalid, void, voidable or unenforceable.
13.4 This document
is governed by and is to be construed in accordance with the laws of
Victoria, Australia. Each party irrevocably and unconditionally
submits to the non-exclusive jurisdiction of the courts of Victoria,
Australia and waives any right to object to proceedings being
brought in those courts.
It is our
responsibility, in accordance with your registration application and
subsequent agreement, to ensure that you satisfy the relevant policy
rules for Australian domain names. To that end, if you are
registering an Australian domain name, you are required to warrant
to us that you satisfy the auDA policy rules.
Therefore, by
submitting this form, you warrant that all the information contained
in this Application Form, and all supporting documents provided to
the Registrar, are true and accurate to the best of your knowledge
and by submitting this form you:
-
give the Registrar
permission to contact third parties, investigate, request and obtain
additional information and documentation, and otherwise verify the
information contained in this Application Form; and
-
waive liability on the part of the Registrar for its actions in
verifying the information provided in this Application Form, and on
the part of any third parties who provide truthful, material,
relevant information about you;
-
waive liability on the part of the Registrar if your application is
accepted or rejected on the basis of any false or misleading
information contained in this Application Form;
-
acknowledge that if your application is accepted on the basis of any
false or misleading information contained in this Application Form,
auDA reserves the right to cancel your domain name licence at any
time; and
-
acknowledge that your entitlement to a domain name may be challenged
by a third party with legitimate rights in the domain name.
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NEW ZEALAND DOMAIN NAMES TERMS AND CONDITIONS (where applicable)
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Summary of Terms and Conditions
Part B - Applicable to New Zealand Residents and/or .nz domain
applications
1. The Registrar's obligations
1.1. We agree that
we will:
1.1.1. comply with
all .nz policies and accurately represent these to you;
1.1.2. disclose
accurately and completely all our terms and conditions associated
with your use of our services to register and maintain a domain name
sought to be used by you, including price and billing information;
1.1.3. comply with
your lawful directions in a diligent and timely manner regarding
your .nz domain name, (for example, registration. cancellation,
amendment, deletion, and associated technical support and billing);
1.1.4. process any
new .nz domain name registrations with the registry within 1 hour
from the time we receive all the information required to complete a
registration if it is within our advertised business hours of 12pm -
1am (Monday-Friday), and otherwise within 5 hours;
1.1.5. notify you
of the registration of your domain name(s), including the details of
the domain name, your contact details, our contact details, the
registration period, the unique authentication ID for your domain
name and your obligations as a registrant;
1.1.6. arrange for
correction of any error in the information in the register about any
domain name registered to you when requested;
1.1.7. provide to
you, or to someone we reasonably believe to be acting on your
behalf, the unique authentication ID for your domain name when
requested and for no charge;
1.1.8. use your
personal information only as authorised by you;
1.1.9. take all
reasonable steps to safeguard and protect all information about you
stored in our databases and system(s);
1.1.10 comply with
any order of any authority having jurisdiction regarding any domain
name registered to you;
1.1.11. use our
best endeavours to deal with any complaints you may have about the
services we provide for you.
2. The Registrant's obligations
2.1 You agree that
you will:
2.1.1. comply with the .nz policies. You agree that you have read
and understood the current policies;
2.1.2. make sure
all information you give is accurate and complete, keep us informed
of changes to any information you give us, and that you have the
authority to enter into this agreement;
2.1.3. keep the
unique authentication ID for your domain name and any other security
information that we give to you confidential, safe and secure;
2.1.4. satisfy
yourself that your use of a domain name will not infringe anybody's
intellectual property rights and fully indemnify us, and everybody
we are in any business relationship with to provide services to you,
from any such claim;
2.1.5. ensure that
you only use our services for a lawful purpose;
2.1.6. ensure that
the use of any domain name registered to you does not interfere with
other users of the Internet;
2.1.7. ensure that
any order of any authority having jurisdiction regarding any domain
name registered to you is complied with;
2.1.8. fully
indemnify us, and everybody we have a business relationship with,
against any legal action taken against us because of the receipt or
use of our services by you or someone you are responsible for,
including reliance by us or anybody we have a business relationship
with, on information supplied by you.
2.2. You agree to
make sure everyone you are responsible for or who uses a domain name
registered to you also meets the above duties.
3. Registration of a Domain Name
3. 1. When a domain
name in the .nz domain name space is registered to you, or in your
name as directed by you, then you agree:
3. 1. 1. that the
following information becomes available to any member of the public
(whether in Australia, New Zealand or any other country):
3.1.1.1. your name;
3.1.1.2. your
contact details; and
3.1.1.3. the domain
name, its commencement and expiry dates and addresses/details of the
name servers for it, and our name.
3.1.2. the domain
name is registered in your name only because no other person has it
according to the records of the register; and
3.1.3. neither we
nor anybody else is representing anything else to anybody regarding
that domain name. The entry of a domain name in the "whois" database
shall not be taken as evidence of anything other than such
registration; and
3.1.4. that you
fully indemnify us and everybody we have a business relationship
with to provide services to you, from any claim arising out of the
domain name being registered in your name or as you direct.
3.2. Your agreement
to this clause 3 is your consent to the disclosure of your personal
information as required by the Privacy Act 1988 (as amended);
4. Register is the
record
For all purposes
the details shown in the register shall be treated as correct and
the authoritative record.
5. Payment of fees
5.1. You agree to
pay for the services we provide for you.
5.2. If you
transfer a domain name registered to you to another registrant or to
be managed by another registrar, all charges owing to us shall
become immediately due and payable on the date of that transfer.
5.3. We may alter
our fees from time to time. When we alter them we will send you
notice of the alteration 30 days before the new fee takes effect.
5.4. Our usual fees
are for Domain registration and maintenance services. We may also
charge for Domain hosting and Design/Coding services provided by us.
We will tell you before any additional charge is incurred.
5.5. Our prices are
stated in [Australian] dollars and include GST [applicable local
tax].
6. Suspension
and refusal to supply services
6.1. If you do not
pay our charges for a domain name registered to you, we may:
6.1.1. cancel
registration of that domain name; or
6.1.2. refuse to
provide a service you request.
7. Cancellation of
Domain Name
If we are going to
cancel the registration of a domain name registered to you as a
result of you not paying our charges relating to that registration,
we will give you fourteen days notice before we initiate action to
cancel that domain name.
8. Exclusion of
Liability
8.1. We exclude all
liability we may have to you for any claim except where we have
acted in bad faith. This exclusion also applies for the benefit of:
8.1.1. InternetNZ
the registry and any other entity we are in any business
relationship with;
8.1.2. every
officer, employee, contractor, agent of us or any entity in clause
8.1:
8.1.3. anyone else
we get to perform our duties under any agreement you have with us.
8.2. None of the
persons specified above is liable or has to pay you for anything
else in connection with or resulting from anything any of us does or
does not do, or delays in doing, whether or not it is contemplated
or authorised by any agreement you have with us.
8.3. this exclusion
applies whatever you are claiming for and in whatever way liability
might arise.
8.4. This exclusion
does not prevent you getting a court order requiring us to do
anything we have agreed to do for you and does not limit any rights
you may have under the Consumer Guarantees Act 1993.
9. Limitation of
our liability
9.1. We have
excluded all other liability we or any of the persons specified in
clause 8 may have to you. If any of those persons is ever liable to
you and, for any reason, cannot rely on the exclusion of liability
set out in clause 8 then this clause applies;
9.2. Where this
clause applies, the maximum combined amount the persons specified
above (together) will have to pay you and anyone else who uses the
services we provide for you (together) is the amount of last month's
fee paid by you under this agreement.
10. Law and
jurisdiction applying to this agreement
10.1. Unless we
otherwise agree in writing, this agreement contains all the terms of
our relationship and continues to apply no matter where you are
located at the time any of the services are provided or where you
reside. This will be the case until the agreement is cancelled
except to the extent clause 14 says otherwise.
10.2. To the extent
legally permitted:
10.2.1. all our
services are provided under New Zealand law;
10.2.2. any claim
or dispute arising out of or in connection with this agreement must
be instituted within 60 days from the date the relevant service was
supplied to you;
10.2.3. except as
otherwise stated, you may take action against us only in a New
Zealand court;
10.2.4. where you
or any registrant for whom you act supplies incorrect information
regarding a domain name and we incur cost in any matter concerning
that name then we may recover the costs incurred by us from you.
11. Cancelling the
agreement
11.1. We may cancel
or suspend this agreement by giving you one months notice if you do
not meet your duties to us.
11.2. We may end
this agreement for any other reason by giving you one month's
notice.
12. More than
one person
You are responsible
for everybody who you permit to act for you as a registrant. We will
take reasonable care to satisfy ourself that you have permitted
those persons to act for you.
13. Each clause
separately binding
13.1. Each clause
of the agreement you have with us is separately binding.
13.2. If for any
reason we, you, or any of the persons specified in clause 8 cannot
rely on any clause, all other clauses of it are binding.
14. Rights and
responsibilities that continue
The cancelling of
any agreement you have with us does not affect any rights and
responsibilities, which are intended to continue or come into force
afterwards. These include the rights and duties under clauses 2, 4 -
10, 12 - 13, and this clause 14.