Website Terms & Conditions

1. Introduction

Welcome to the Indigenous Business Integrity Register ("IBIR", "we", "our", "us"). These Terms & Conditions ("Terms") (including any additional terms or policies linked in these Terms) govern your use of our website, www.ibir.com.au ("Site"), and any services or products offered through it ("Services").

By accessing or using the Site and/or signing up to any Services, you agree to be bound by and comply with these Terms. If you do not agree, you are not authorised to access the Services — please do not use our Site.

2. Definitions and Interpretation

In these Terms, unless the context requires otherwise:

Account

means an account created for use with the Site and Services.

Certifier

means the firm of certified practising accountants we have appointed to conduct the verification process of companies on our Site, which as at 30 October 2025 is Carbon Group (Perth).

Data Breach

means the accidental or unlawful destruction, loss, alteration, or unauthorised disclosure of, or access to Personal Information or transmitted, stored or otherwise processed by IBIR in connection with this Agreement.

Fees

means the fees for any Services you purchase from IBIR.

GST

means the same as in the GST Law; (a) any other goods and services tax, or any tax applying to this Agreement in a similar way; and (b) any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.

GST Law

means the same as 'GST law' in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property Rights

includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Party

means a party to these Terms and Parties means both of them.

Password

means the password associated with your Account.

Personal Information

means 'personal information' as that term is defined in the relevant and applicable Privacy Laws, and which is disclosed by you to IBIR in connection with this Agreement.

Personnel

means in respect of a Party, that Party's employees, officers, contractors and agents.

Service Terms

means any additional terms relevant to use of one or all of the Services, as set out in a Schedule to these Terms or as otherwise provided to you, or published on the Site and as varied from time to time.

Subscription

means the Subscription plan you have selected to access one or more of the Services.

Subscription Fee

means the fee applicable to your Subscription, as set out on the Site.

Subscription Period

means the period in which you have a valid Subscription, commencing at the date set out in your Account settings (Start Date), and ending when your subscription is terminated in accordance with these Terms.

Surcharge

means a fee or charge in addition to the amount of a payment debited or paid from a credit card, subject to the limitations as set out by the Reserve Bank of Australia from time to time in accordance with the Payment Systems (Regulation) Act 1998 (Cth).

Users

means the users of our Site and Services, and includes you and your Personnel that use our Site and Services.

Third Party

means any person who is not you, us, or one of your or our Personnel.

3. Eligibility

By using our Site or signing up to any Services, you confirm that you:

• Are at least 18 years old or have the consent of a parent/guardian.
• Have the legal capacity to enter into binding agreements.

4. Services Provided

IBIR provides the following Services:

Reports – Subscription and One-Off Access

Access to search, request, and download business reports available within the IBIR register, including:

• Public Business Structure Report
• Public Business Structure & Credit Report

(collectively, "Reports").

Reports may be accessed:

• through an active Subscription; or
• via a one-off purchase, where available

Where a Report is not immediately available, IBIR may generate or compile the Report upon request.

Subscription users may also:

• track a selected number of businesses (based on their Subscription tier)
• receive notifications of changes to tracked businesses
• access available Reports for tracked businesses in accordance with their Subscription

Business Verification – Annual Subscription

• Business verification through a yearly Subscription service.
• Additional services as detailed on our Site.

IBIR will provide you with access to the Services you subscribe for, through your Account in accordance with these Terms.

You will receive access to the Services you subscribe for during the period of a valid paid Subscription strictly for your internal business purposes. You are not permitted to resell or otherwise make the Services available to any third party or otherwise commercially exploit the Services.

Availability of Services

We will exercise reasonable care, skill and diligence in the provision of the Services, including the Services under your Subscription. We will use reasonable efforts to maintain the Services and ensure they are available for use by Users, but do not warrant that use of the Services will be uninterrupted or error free.

However, we will not be liable for any reason where:

• the Services are unavailable at any time or for any period;
• the Services are not error-free; or
• the information made available via the Services is not accurate, complete or current (including for example, where the circumstances of a company have altered after they were verified by a Certifier).

Modification

We may, in our sole discretion:

• modify or update the Services at any time; or
• to the extent permitted by law, restrict access to all or part of the Services for any reason, at any time.

Digital Verification Badge Use

Where your business has been verified by IBIR, you may be provided with a digital verification badge for display on your website and digital channels.

By using the IBIR verification badge, you agree that:

• The badge may only be displayed while your verification status is valid and current
• The badge must not be altered, modified, or misrepresented in any way
• The badge must only be displayed in connection with the verified entity and on authorised domains
• You must not use the badge in a misleading or deceptive manner, including implying verification where it does not apply

IBIR reserves the right to monitor the use of its verification badge to maintain integrity of the register, including confirming the domain or URL on which the badge is displayed.

If your verification expires, is revoked, or is no longer valid, you must immediately remove the badge from all digital and physical materials.

You may opt out of badge monitoring by replacing the embedded badge with a static image version (PNG). However, IBIR does not guarantee the integrity or validity of badges displayed in this format.

IBIR reserves the right to request removal of the badge or take action where it is used in breach of these Terms.

5. Payments

• By signing up to a Service, you agree to pay the Fees for that Service.
• All payments are processed securely through third-party payment gateways.
• Prices are displayed in Australian dollars (AUD) and are exclusive of GST (if applicable).
• By submitting your payment details, you authorise us (and our payment providers) to process the payment.
• You are responsible for ensuring payment details are accurate and sufficient funds are available.
• Payment by credit card may incur a Surcharge, which will be disclosed at the time of authorisation of payment.
• By signing up to a Subscription plan, you may be required to authorise us to pay any Fees (such as the annual Subscription Fee) from your credit card or other payment method when they become due.
• If you do not authorise us to do so, those Fees must be paid prior to the commencement of the relevant renewal period. If you do not, your access to the Services may be suspended until they are paid.
• We may vary the Fees (in our reasonable discretion) by notice to you, including by notice posted on the Site, however, any variation to the Subscription Fees will not apply to any Subscription Period for which you have already paid the Subscription Fee.

6. Subscriptions & Access

• Subscription plans grant ongoing access to reports and Services as outlined at the time of purchase.
• Subscriptions automatically renew unless cancelled before the renewal date.
• You may cancel your subscription at any time via your account settings or by contacting us. Access will continue until the end of the paid Subscription Period.

7. Verification Service

By signing up to our verification service, you agree to these Terms, including this clause.

When you sign up to our verification service, and pay the relevant Fee, your details will be provided to, and you will be referred to the Certifier. The Certifier will then conduct the verification process in consultation with you.

IBIR does not participate in the verification process, and relies upon the Certifier to conduct an independent audit of your company and whether it is able to demonstrate, to the Certifier's satisfaction, that your company is majority indigenous owned and managed.

That audit will take into account publicly available information, as well as information provided by you to the Certifier.

If the Certifier is satisfied you meet the relevant criteria, it will notify us that your company has been verified, and we will include your company in our Register database as having been verified.

If the Certifier has not been satisfied, it will liaise with you about the matters in respect of which it has not been satisfied, and you will be given the opportunity to rectify those matters (if you wish) in order to obtain verification.

If the Certifier has not verified your company, it will not be included in the Register.

We have appointed the Certifier to undertake this process to ensure that it is independent, and as a result, you agree that:

• if the Certifier does not verify you, you have no right to be included in the Register; and
• in the absence of manifest error, the Certifier's decision is final; and
• your only remedy and recourse, is to have the Certifier reassess your application on the submission of updated information, once you have addressed the issues raised by the Certifier.

The verification process will involve the Certifier assessing the level of indigenous ownership, management, and involvement and engagement of your company and business, which will include, but not be limited to:

• Ownership details, including voting rights;
• Other certifications;
• Licences required for the business, and the persons holding them;
• Level of active participation in the business;
• Level of indigenous control of and engagement in day to day business operations, including entering into contracts, banking, accounting oversight, marketing, employment and supervision of workers;
• Whether and the extent to which the business operates independently of a non-indigenous business;
• Business addresses;
• Verification of active presence in locations claimed the business operates in.

Please note: this verification process will be more stringent than checking the "on paper" ownership of your entity, and having obtained certification from another body does not guarantee verification.

Change in Circumstances

If any of the matters or circumstances (including but not limited to relating to the ownership, management or business premises) relevant to the verification of your company or business change (whether during or after your verification), you agree to notify IBIR and the Certifier of those changes. Upon that notification, if the Certifier is not satisfied your company or business still meets the criteria for verification, the status of your company or business as "verified" may be removed from the Site. If that occurs, you may need to undertake the verification process (and pay a Subscription Fee) again.

If we or the Certifier become aware of any such changed matters or circumstances (whether or not notified by you), your verification may be reviewed, and if the Certifier is not satisfied your company or business still meets the criteria for verification, the status of your company or business as "verified" may be removed from the Site.

If you fail to notify IBIR and the Certifier of any material change within 14 days of that change, that failure is a breach of this Agreement, and IBIR may suspend or terminate the Services and your verification. In those circumstances, IBIR (in its absolute discretion) may refuse to accept an application for you for a further verification until a period of 12 months has passed since the suspension or termination.

Breaches of Laws

If we or the Certifier become aware of any suspected breaches of any laws, by any person, company or business either during the verification process, or later in respect of any verified business, we or the Certifier may (and may be obliged to) notify that suspected breach to any relevant authority. Any such breach will also be a matter which may cause your verification to be reviewed.

By signing up to our services, you agree that we may do so.

8. Refunds

• Refunds are only provided as required under Australian Consumer Law.
• Subscription fees are for a full year, and are non-refundable if you cancel your services before the end of the Subscription Period, except where required by law.
• You acknowledge that the Subscription Fee for the validation process is in consideration for your application being referred to the Certifier, and the Certifier assessing that application and the information it gathers about your company. If you do not pass the validation process, you are not entitled to a refund or rebate on your Fees.

9. User Obligations

(a) You agree that you, and any User authorised by you to use the Site or the Services will not:

• Use the Site for unlawful or fraudulent purposes.
• Copy, distribute, or resell our reports, data, or content without our written permission.
• Attempt to interfere with or disrupt the operation of the Site.
• Provide false or misleading information when creating an Account, making an enquiry, or when undertaking verification of your company.

(b) You are responsible for setting up your Account to access the Services.

(c) You will, and will ensure all authorised Users accessing your Services will:

• maintain current, complete and accurate information in their Account;
• keep any password used with the Services confidential, and not disclose it to any other person accessing the Services via their Account;
• change your password as soon as practicable if they have reason to suspect the password has been compromised;
• not permit any other person to use their Account or to access the Services with their password;
• notify us immediately if they believe that any person has accessed or used their Account in breach of these Terms;
• be at least the age of majority in their state or province of residence, or that if they are not the age of majority, they have obtained consent from their parent or legal guardian;
• if applicable, promptly update their Account and other information, including their email address, and update their credit card numbers and expiration dates on the secure payment portal, so that we can contact them or complete transactions.

10. Intellectual Property

• All content on the Site, including text, graphics, logos, reports, and software and all Intellectual Property Rights in respect of that content, is owned by IBIR or its licensors.
• All title in and to and all Intellectual Property Rights in respect of the Services, and any software or equipment used by us in connection with the provision of the Services remains at all times with us.
• You are granted a limited, non-exclusive, non-transferable licence to access and use the Site for personal or business purposes (but excluding on-sale or licensing) as intended.
• You may not copy, reproduce, or exploit our content without prior written consent.

11. Data Security

(a) IBIR will take commercially reasonable steps to prevent Data Breaches.

(b) You are solely responsible for keeping any passwords or other log-in details for the purpose of accessing and using the Site and the Services secure from unauthorised access or use, and confidential. You will maintain and operate reasonable technical, organisational, operational and contractual measures to ensure the security of your systems and environment used to access and use the Site and Services.

(c) IBIR will, as soon as reasonably practicable, notify you where it becomes aware of a Data Breach involving your data and will use commercially reasonable endeavours to identify the source or cause of that Data Breach.

(d) If the Data Breach is not caused by you, your Personnel or any of your Users, IBIR will provide reasonable assistance to you to further identify the source or cause of the Data Breach, collect and maintain any evidence of the Data Breach and minimise the prospects of any repeat incidents the same as or similar to the Data Breach.

(e) Where you have reasonable grounds to suspect a Data Breach has occurred, you will:

• use reasonable efforts to notify IBIR in writing including all relevant details regarding the suspected Data Breach as soon as you become aware of the Data Breach;
• investigate the suspected Data Breach co-operatively with IBIR; and
• take reasonable steps to mitigate the impact of the Data Breach and prevent a reoccurrence of the Data Breach.

(f) You agree to immediately notify IBIR if you have any reason to believe that the security or confidentiality of any Password has been compromised, and to immediately alter that Password to a non-compromised one.

12. Limitation of Liability

• To the maximum extent permitted by law, IBIR is not liable for any loss, damage, or expense arising from the use (or inability to use), or unavailability of our Site or Services.
• We do not guarantee that reports or information provided will be error-free, accurate, or suitable for your specific purposes.
• The information provided by the Services is based on the assessment of the Certifier made at the time that verification is undertaken, and may not take into account changes in circumstances since that verification was conducted. The information should not be relied upon or used as the sole basis for making decisions. Any reliance on information contained in the Services is at your own risk.
• If liability for an event cannot be excluded, then to the extent permitted by law, the maximum aggregate liability of IBIR under or in connection with these Terms or relating to the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in relation to any Subscription Period exceed an amount equal to the Subscription Fee paid by you under these Terms for that Subscription Period.
• Neither party is liable to the other under or in connection with these Terms or the Services for any: loss of profit, revenue, savings, business, use, data, and/or goodwill; or consequential, indirect, incidental or special damage or loss of any kind.
• Nothing in these Terms limits your rights under the Australian Consumer Law.

13. Third-Party Services

• Our Site may include links or integrations with third-party services (e.g., payment providers, Google services).
• We are not responsible for the content, policies, or practices of these third parties.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, available at www.ibir.com.au/privacy.

15. Termination

We may suspend or terminate your access to the Site and the Services if you breach these Terms or use the Site in a way that could harm us, other users, or third parties.

16. Governing Law

These Terms are governed by the laws of Western Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.

17. Contact Us

If you have any questions about these Terms, please contact us at: