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ABS Conditions of Sale
 



ABN 26 331 428 522
ABS CONDITIONS OF SALE



Australian Bureau of Statistics (ABS) products are sold by the Commonwealth of Australia ('The Commonwealth') through the ABS. Prices are subject to change without notice.


COPYRIGHT

Copyright in ABS products is owned by the Commonwealth. The Client agrees not to reproduce, distribute or commercialise the product, or any product or service derived from or incorporating it or part of it (whether or not amounting to a copyright reproduction) other than as allowed by these Conditions of Sale or with the prior written consent of the Commonwealth.

Where such consent is sought the Commonwealth reserves the right to set an appropriate charge or to require a revenue sharing arrangement.

The Client is permitted to quote an insubstantial part of the statistical data contained in the products (whether or not copyright subsists in the products), providing that:
    an 'insubstantial part' means a 'fair dealing' as defined in Sections 40, 41, 42 and 43 of the Copyright Act 1968;
    the ABS is cited as the source of the data used;
    the terminology used is that used by the ABS for describing data; and
    any analysis or transformation of the data is not attributed to the ABS.
Where a product consists of data in computer readable form, or software, the Commonwealth authorises the Client to use on a non-transferable and non-exclusive basis, this data or software personally or for internal purposes of its organisation (as the case may be). This authorisation does not permit the client to reproduce this data or software other than for the purposes of this personal or internal use.
In these Conditions, 'commercialise' in respect of a product or a derivative of that product, means to manufacture, sell, distribute, hire or otherwise exploit a product or process, or to provide a service incorporating the product or any other product or service derived from that product.

MODIFICATIONS TO COPYRIGHT OF ABS MATERIAL

Confidentialised Unit Record Files (CURFs)

Use of CURFs is limited by the terms and conditions in the Deed of Undertaking.

The organisation is granted a non-exclusive, non-transferable licence by the ABS for the Authorised Users to use the CURF for statistical purposes as authorised by the ABS in accordance with the Undertaking.

Customised and Other Standard Products

Most ABS products carry a licence covering the applicable terms of use. The licence will be clearly displayed within the product. The conditions of a licence will take precedence over the conditions regarding use of ABS material stated in Copyright above. Where no indication of licensing is provided within the product, full copyright terms apply.


GOODS AND SERVICES TAX

The price includes Goods and Services Tax (GST) for that part of the supply made by the ABS to the Client under this Agreement which is a taxable supply as determined under A New Tax System (Goods and Services Tax ) Act 1999 (GST Act).

In relation to taxable supplies made by ABS to the Client under this Agreement, the ABS agrees to issue the Client with either:
    (a) a tax invoice in accordance with the GST Act; or
    (b) a document satisfying the minimum information requirements to entitle the recipient of a taxable supply to claim an input tax credit without holding a tax invoice.

GENERAL

The Commonwealth gives no warranty, other than a warranty that may be implied by law, that the products are free from errors, are complete, have any particular quality, are suitable for any purpose or otherwise.

Subject to any warranty which may be implied by law, the Commonwealth's liability to the Client for any loss, damage or injury howsoever caused by the Commonwealth, whether due to negligence or otherwise, in relation to a product shall be limited to providing a replacement copy of that product.

The Client agrees to indemnify the Commonwealth (and its servants and agents) in respect of all liability for loss (including all legal costs) or liability from any claim, suit, demand, action or proceeding brought by any third person in connection with these Conditions of Sale or from a Client's use of the products.

These limitation of liability provisions shall survive the expiration or earlier termination of these Conditions of Sale.

This Agreement shall be construed in accordance with the law of the Australian Capital Territory and the parties submit to the jurisdiction of the courts in that Territory (including the federal courts).


FURTHER INFORMATION

If the Client wishes to commercialise the product, or reproduce the product other than as permitted by these Conditions, or has any further questions relating to these Conditions, they should contact:
      Copyright Manager
      Australian Bureau of Statistics
      Locked Bag 10
      BELCONNEN ACT 2616

      Telephone: 1300 135 070
      Email: client.services@abs.gov.au

The Client is reminded that additional Conditions of Sale may apply to certain ABS products.

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Commonwealth of Australia 2014

Unless otherwise noted, content on this website is licensed under a Creative Commons Attribution 2.5 Australia Licence together with any terms, conditions and exclusions as set out in the website Copyright notice. For permission to do anything beyond the scope of this licence and copyright terms contact us.