1.1 You have requested the provision of the Services to you.
1.2 By responding that you accept these Terms, or otherwise accessing or using the Services, you have accepted and agreed to be bound by these Terms.
1.3 Your acceptance binds you and all of your employees and officers to these Terms.
2.1 You declare that:
a. your business meets the eligibility criteria set out in Appendix A;
b. if you are an individual, you are over the age of 18 years and are of Aboriginal and/or Torres Strait Islander descent; and
c. if you are an organisation, at least 50% of the ownership of the organisation is by a person(s) of Aboriginal and/or Torres Strait Islander descent.
3.1 If IBA provides the Services, you acknowledge and agree that:
a. any information provided by IBA (including its officers and employees), is general in nature and should not be taken as constituting professional advice;
b. you should consider seeking independent legal, financial, taxation or other advice to determine how any information provided relates to your particular circumstances;
c. IBA makes no representation or warranty with respect to the accuracy, reliability or completeness of any information it provides to you.
3.2 If IBA engages a Consultant to provide the Services, you acknowledge and agree that:
a. IBA makes no representations, guarantees or warranties regarding:
i. the qualifications and experience of the Consultant;
ii. the suitability of the Services for your needs; and
iii. the accuracy, reliability or timeliness of the Services;
b. IBA is not responsible for the accuracy or completeness of any information, materials, opinions or advice provided by the Consultant; and
c. any reliance or other use of the information, materials, opinions or advice provided by the Consultant shall be entirely at your own risk.
3.3 In addition to the above clauses, you acknowledge and agree that:
a. the nature and extent of the Services to be provided to you will be at IBA’s sole discretion;
b. the provision of any information, material, opinions or advice by IBA or the Consultant does not guarantee your success in any business activity;
c. you retain sole responsibility for your actions and decisions (regardless of whether they are based on options or suggestions provided by the Consultant);
d. IBA is not responsible for any costs or expenses you incur in relation to the Services; and
e. IBA is under no obligation to provide any finance or further support or resources to you.
4. Your Obligations regarding Consultant
4.1 You will keep us updated about the provision of the Consultant’s Services and provide us any information and documentation we reasonably require in order to administer, manage and assess the Consultant and their Services.
4.2 You represent and warrant that any information or material you provide to IBA or the Consultant will not infringe any third party rights or any law.
4.3 Should you require the Consultant’s services in addition to the Services (Additional Services), you will be required to negotiate a separate agreement directly with the Consultant. IBA does not accept any responsibility for any arrangement between you and the Consultant for the provision of Additional Services.
5. Intellectual Property
5.1 You grant IBA and the Consultant (if applicable) a royalty free, non-assignable licence to use and share the intellectual property rights in any material or information you provide, to the extent necessary for IBA and the Consultant to provide the Services to you.
5.2 Nothing in these Terms affects the title to, and intellectual property rights in, any of yours or IBA’s pre-existing material.
6.1 Except for any liability that cannot be excluded by law, IBA’s (including its officers, employees and agents) liability (including negligence) for any loss or damage (including loss of opportunity or personal injury) whether direct, indirect, special or consequential, arising in any way out of the Services is limited to the resupply of the Services or the reasonable cost of having the Services resupplied (at IBA’s option). This exclusion shall extend to both you and to any other person who may suffer loss or damage as a result of the use of the Services.
7.1 You must at all times indemnify IBA and the Consultant (including their officers, employees and agents) (the Indemnified Persons) against all claims, losses, damages and expenses (including legal costs and expenses on a solicitor/own client basis) or liability incurred or suffered by the Indemnified Persons arising from any:
a. negligent or unlawful act or omission by you or your personnel;
b. breach by you or your personnel of your obligations under these Terms; and
c. action or claim for alleged infringement of any intellectual property rights or moral rights of any third party,
except to the extent that any act or omission, on the part of the Indemnified Persons contributed to the claim, loss or damage.
8.1 You acknowledge and agree that:
a. IBA will collect, use and disclose personal information as set out in its Privacy Collection Notice and Privacy Consent Form (see Appendix B and C).
b. you have obtained the consent of:
i. any person whom you have provided us with their personal information;
ii. any Relevant Person;
iii. and have informed them about IBA’s Privacy Collection Notice and Privacy Consent Form.
9.1 Subject to clause 9.2, neither party may, without the prior written consent of the other party, disclose any Confidential Information of the other party to a third party.
9.2 The obligations on the parties under this clause 9 will not be taken to have been breached to the extent that Confidential Information:
a. is disclosed to the Consultant for purposes related to the Services;
b. is disclosed by a party to its professional advisers, or is disclosed by a party to the extent strictly necessary in order for them to perform their obligations or to exercise rights under these Terms;
c. is disclosed to a party’s internal management personnel;
d. is disclosed by IBA to the responsible Minister, in response to a request by a House or a Committee of the Parliament of IBA;
e. is authorised or required by law, including under these Terms, under a licence or otherwise, to be disclosed;
f. is used in relation to legal proceedings associated with these Terms;
g. has been independently developed or acquired by you; or
h. is in the public domain other than as a result of a breach of this clause 9.
10.1 IBA may terminate, modify, suspend or reduce the Services at any time without prior notice to you.
11.1 These Terms constitute the entire agreement between the parties and supersedes all prior communications, negotiations, arrangements and agreements, either oral or written, between the parties with respect to its subject matter.
11.2 IBA reserves the right to amend these Terms at any time, by direct notification to you or via its website (www.iba.gov.au).
11.3 You must not, without IBA’s consent in writing assign your rights under these Terms.
11.4 These Terms do not create a relationship of employment, agency or partnership between the parties. You must not represent yourself as being an officer, employee, partner or agent of IBA, or
11.5 otherwise able to bind or represent IBA.
11.6 Clauses 5 to 9, 11.6, 11.7 and 12 shall survive notwithstanding the completion of the Services.
11.7 These Terms shall be governed by the laws of Australian Capital Territory and the Commonwealth of Australia and the parties agree to submit to the jurisdiction of that State and the Commonwealth respectively.
11.8 A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the terms of these Terms continue in force.
12.1 In these Terms:
Confidential Information means information that is by its nature confidential and:
a. is agreed by the parties to be confidential; or
b. a party knows or ought to know is confidential.
Consultant means any consultant procured by IBA to provide you the Services.
IBA means Indigenous Business Australia.
Relevant Persons has the meaning given to it in Appendix A.
Services means the business support services, under IBA’s business relief package.
Terms means these terms and conditions.
13.1 In these Terms, except where the contrary intention is expressed:
a. the singular includes the plural and vice versa, and a gender includes other genders;
b. another grammatical form of a defined word or expression has a corresponding meaning;
c. a reference to a party includes the party’s executors, administrators, successors and permitted assignees and substitutes;
d. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re– enactments or replacements of any of them;
e. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
f. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
g. the word ‘include’, or other grammatical form of it, is not a word of limitation;
h. headings are for ease of reference only and do not affect interpretation.
Appendix A: Eligibility criteria
Your business (Business) must meet the following criteria:
- the Business:
- has at least 50% Indigenous ownership or membership; or
- is an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; and
- carries on a business for profit; and
- has no more than 200 employees; and
- the Indigenous owner(s) of the Business (if applicable) are actively involved in the Business;
- the Business was established no less than 6 months before 31 March 2020;
- the Business is not wholly owned by the Commonwealth;
- the Business has been adversely impacted by COVID-19; and
- none of the Relevant Persons in the Business:
- are undischarged bankrupts; or
- have been found guilty of for an indictable offence against a law of the Commonwealth or another jurisdiction that involves fraud, embezzlement, cybercrime, counterfeiting, identity theft, money laundering, terrorism financing, tax evasion, bribery, corruption, blackmail, forgery, insider trading, market manipulation, an offence under the Taxation Administration Act 1953 (Cth), or any other serious financial crime.
For the purposes of this Appendix A, a Relevant Person in the Business means:
- if you are a sole trader (including if acting in a trustee capacity): you;
- if you are a partnership (including if acting in a trustee capacity): all partners, members of the Business’ management team or otherwise any individual that can exercise a significant degree of control or influence over the management or decision-making of the Business;
- if you are an incorporated entity (including if acting in a trustee capacity): all directors, members of the Business’ management team or otherwise any individual that can exercise a significant degree of control or influence over the management or decision-making of the Business; and
- if you are any other type of person: members of the Business’ management team or any other individual who can exercise significant degree of control or influence over the management or decision-making of the Business.
APPENDIX B: PRIVACY COLLECTION NOTICE
How and when do we collect your personal information?
IBA collects your personal information where it is reasonably necessary for, or directly related to, its provision of IBA products or services (including the Services) to you.
What types of information do we collect?
IBA usually collects the following types of information:
- your name
- your contact details, including your address, email address and phone numbers
- your date of birth
- your residential status
- your driver’s licence number (or other identification number)
- your employment details
- information about your financial circumstances, including your income and expenditure and banking information.
We also collect some sensitive information about you that is afforded special protection under the Privacy Act 1988. We will only collect this sensitive information if (a) you provide your consent at the time we collect the information from you, or (b) if an exception under the Privacy Act applies which allows us to collect the information. The sensitive information we may seek from you may relate to:
- your Aboriginality or Torres Strait Islander descent
- whether you pay membership fees to a professional or trade association or union
- your criminal history, if any.
When do we collect information from you?
IBA collects this personal information directly from you in a number of different ways, namely when you:
- complete written forms and submit them to IBA
- talk to IBA, either over the phone or face to face to regarding IBA products or services (including the Services)
- interact with us by email, social media, text message, or other text-based communication method regarding IBA products or services (including the Services).
When do we collect your personal information from others?
Sometimes we need to get information about you from other people in order to provide you with products or services (including the Services). We will only do this with your consent, where the privacy laws permit us to do so, or where it is impracticable for us to obtain that information direct from you.
We usually collect information about you from the following parties:
- consultants we procure to provide you with products or services (including the Services)
- anyone necessary in order to confirm information about your employment, income and financial history (who you consent to us liaising with)
- your professional advisers (including solicitors and accountants) who you consent to us liaising with
- law enforcement agencies or other agencies (or organisations) to aid in IBA’s compliance with anti- money laundering and counter-terrorism financing laws or with disclosure requirements under any law binding on IBA
- government agencies and organisations, and other organisations (such as an Indigenous corporation) to confirm your Aboriginality or Torres Strait Islander descent.
Why do we collect your personal information?
We use your personal information so that we can provide you with IBA products or services (including the Services). Information we collect about you may be used for related purposes. For example, we may use your information to enable us to:
- contact you
- obtain information about you from other entities, to help us assess your application
- confirm your Aboriginality or Torres Strait Islander descent
- provide you with training to help you improve your financial affairs
- improve IBA’s products and services (including the Services).
Do we use your personal information for marketing purposes?
In some circumstances we may use your personal information (email address, phone number or mailing address) to promote other products or services that are related to the product or service that you have with IBA. At all times, however, we will provide you with the ability to opt-out of receiving that marketing material from IBA.
What happens if we do not collect your personal information?
In order for IBA to provide or to consider providing you products and services (including the Services), IBA is required to and will collect and hold information about you, including personal information. If we don’t collect your personal information, it will not be possible for us to process your application or provide the Services.
You have the option of remaining anonymous or adopting a pseudonym when dealing with us; for example, if you wish to make a complaint about our products or services. However, this may limit our ability to respond to your complaint or assist you.
To whom do we disclose your personal information?
In performing our functions, we may lawfully disclose your personal information to people outside IBA, such as the following:
- consultants we procure to provide you with products or services (including the Services)
- our service providers (and their contractors)
- our professional advisers
- law enforcement agencies or other similar agencies (or organisations).
Under no circumstances will IBA sell or receive payment for licensing or disclosing your personal or sensitive information to third parties.
Will we send your personal information overseas?
From time to time, IBA may engage service providers located overseas to perform certain functions and activities. In the course of providing services to IBA, we may need to disclose your personal information to these service providers. In addition, some service providers (including the Consultant) may use, hold or store your personal information through a cloud service provider located overseas.
If personal information is sent, used, held or stored overseas, we will take reasonable steps to ensure that our service providers (or their overseas cloud service providers as the case may be) are carefully chosen and have policies, procedures and systems in place to ensure your personal information is otherwise handled in accordance with the Privacy Act.
How do you find out more about our privacy practices?
- how and why we may collect your personal information
- how it is used
- when and how we might share it with others
- how you can access and seek to correct your personal information
- how to make a complaint about our privacy practices and how your complaint will be handled.
How do you find out more about how we deal with your credit-related information?
Our Credit Information Policy describes how we protect and manage your credit-related information, consistent with our obligations under the credit reporting provisions of the Privacy Act. More particularly, it explains:
- how you can access and seek to correct the credit eligibility information we hold about you
- how you can make a complaint about our handling of your credit-related information and how your complaint will be handled
- that we do not disclose your credit-related information to entities that are not connected to Australia.
Our Credit Information Policy is available at iba.gov.au.
To find out more
To find out more about how we manage personal and credit-related information, please email or phone us:
From time to time, we will review and revise this Collection of Personal Information Notice. We reserve the right to amend this notice at any time.
Credit reporting bodies
IBA might disclose your personal information to the following credit reporting body:
EQUIFAX PO Box 964, North Sydney NSW 2059
Tel: 1300 762 207 | www.veda.com.au
In order for IBA to provide or to consider providing you products or services (including the Services), IBA is required to collect and hold information about you including credit information and personal information.
APPENDIX C: PRIVACY CONSENT
IBA requires your consent before it can collect, use or share the credit information or personal information in order to provide you with products or services (including the Services). If you do not consent to IBA collecting and handling this information, IBA will not be able to provide you the products and services you have requested (including the Services).
By agreeing to the Terms, you authorise IBA to – subject to law – use, store, disclose, transfer, obtain or exchange your credit information and / or personal information with all such persons as IBA may consider necessary in order to provide you with the products and services requested (including the Services) and to comply with IBA’s legal obligations. This may include:
- our service providers generally (including the Consultant) and their contractors, we procure to provide you with products or services (including the Services)
- anyone necessary in order for IBA to confirm information about your employment, income, and financial history
- your professional advisers (including solicitors and accountants) who you consent to us liaising with our service providers generally (and their contractors), professional advisers
- the Commonwealth of Australia in order to comply with any reporting obligations imposed on us
- to aid in IBA’s compliance with anti-money laundering and counter-terrorism financing laws or with disclosure requirements under any law binding on IBA.
Authorisation under section 191 of the Aboriginal and Torres Strait Islander Act 2005 (Cth)
In addition to the Privacy Act 1988, the Aboriginal and Torres Strait Islander Act 2005 places restrictions on the way IBA can use the information you give to IBA.
By agreeing to the Terms, you will be taken to have authorised a person to receive information or documents about you if disclosure is reasonably necessary in order for IBA to assess your application or if that disclosure relates to a product or service (including the Services) that IBA (or a consultant) provides to you.
If you have requested services or products (including the Services) on behalf of an organisation (Intended Recipient), by agreeing to these Terms, you will be taken to have authorised a person to receive information or documents about both you and the Intended Recipient if disclosure is reasonably necessary in order for IBA to assess the application or if that disclosure relates to a product or service (including the Services) that IBA (or a consultant) provides to the Intended Recipient.
Consent to collection and use of information about your Aboriginal or Torres Strait Islander descent
Information about your Aboriginal or Torres Strait Islander descent is ‘sensitive information’ for the purposes of the Privacy Act. IBA requires your consent before it can collect, use or share your sensitive information.
By agreeing to the Terms, you consent to IBA:
- collecting information from you about your Aboriginal or Torres Strait Islander descent, and
- using information about your Aboriginal or Torres Strait Islander descent to assess your application for the products or services (including the Services) you have requested from IBA.
Use of your personal information by IBA for marketing purposes
In some circumstances we may use your personal information (email address, phone number or mailing address) to promote other products or services that are related to the product or service that you have with IBA. At all times however we will provide you with the ability to opt-out of receiving that marketing material from IBA.