Version 1.0 January 2000
Copyright © 2000 VillageMall Pty Ltd.
DO NOT RELY ON ANY DIGITAL ID OR DIGITAL CERTIFICATE UNLESS YOU HAVE READ THIS.
Before using any service provided by VillageMall Pty Ltd (VillageMall), using any information about the status of any Digital Certificate, or relying on the existence of or information in any Digital Certificate you must read this Agreement. It limits the liability of VillageMall may have to you (see clauses 3, 4 and 5). If you do not agree to the terms of this Agreement do not seek any information about the status of, or rely on, any Digital Certificate issued by VillageMall.This Agreement ("Agreement") is effective as soon as you make any enquiry (electronic or otherwise) into the status of a Digital Certificate or rely on the existence of, or information in, any Digital Certificate issued by VillageMall or VillageMall Certification Authority.
1. VillageMall grants you access to information about:
(1) the status of a particular VillageMall issued Digital Certificate;
(2) VillageMall CA information generally; and
on the understanding that you will take all steps possible to make an informed decision about how much you will rely on either the existence of, or any information in, a Digital Certificate.
2. You acknowledge
(1) that you have had the opportunity to access general information about Digital Certificates and to read VillageMall's Statement of Certificate Policy, which includes defined terms, your obligations as a relying party, the placement of VillageMalls certification policy (OID) within a certificate extension, and the procedures involved in verifying Subscriber Information; and
(2) that you are responsible for deciding whether to rely on the existence of or information contained in a VillageMall issued Digital Certificate.
3. Neither VillageMall nor VillageMall CA will be liable to you for any damages, whether direct consequential, indirect or incidental damages, loss of business, loss of management time, whether foreseeable or unforeseeable, arising out of breach of any express or implied warranty, breach of contract, tort, misrepresentation, negligence, strict liability however arising, or in any other way arising from or in relation to the use of or reliance on any Digital Certificate except only in the case where and to the extent that applicable law may require such liability.
4. In no event will the aggregate liability of VillageMall or any Certification Authority to any and all persons including you arising in relation to, or connection with, a particular Digital Certificate exceed the liability cap which corresponds to the relevant certificate policy Certificate as set out below, except to the extent that such liability relates to VillageMall's wilful misconduct.
5. VillageMall disclaims any warranties with respect to the Digital Certificate and any services provided by VillageMall including without limitation any and all implied warranties of merchantability or fitness for an purpose not explicitly stated within a service agreement between VillageMall and you. VillageMall gives no assurance of the security of any communications or the results of any encryption methods used by either a Subscriber to a Digital Certificate, VillageMall or any other person, including you.
6. VillageMall or a Certification Authority conducts checks on Subscribers substantially in accordance with VillageMall's Certification Practice Statement, but cannot control the content of websites or the conduct of Subscribers to a Digital Certificate. If you are aware of any use which is or may be illegal or inappropriate please notify VillageMall and/or relevant authorities.
7. If the whole or any part of any provision of this Agreement proves to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
8. This Agreement and all matters relating to its construction, interpretation and enforcement will be governed by the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of the Australian Courts.
The parties agree that they will use their best efforts to amicably resolve any dispute arising out of or relating to this Agreement. Either party may declare to the other party the existence of a dispute in writing stating the circumstances of the dispute, whereupon the parties shall meet without delay to attempt resolution of the dispute. Where resolution can not be effected after a reasonable period of time then the parties shall refer the dispute to an agreed arbitrator for resolution or where can not agree the choice of an arbitrator the then the dispute shall be referred to the nominee of the chairman for the time being the Institute of Arbitrators, Australia which arbitration shall be conducted under UNCITRAL Arbitration Rules at Brisbane in the English language in accordance with the laws of the State of Queensland. Each party shall bear its own costs and expenses and an equal share of the arbitrators expenses and administrative fees of arbitration.
10. Your Obligations include