This website located at registry.com.au (Website) is owned and operated by Registry Australia Pty Ltd ABN 34 625 637 023 (we, our or us). It may be available through other addresses or channels, including on our mobile application.
Registry Australia Pty Ltd is a private business registration services provider that facilitates the registration and renewal of business names, company names, domain names, along with other corporate services (Services).
Registry Australia Pty Ltd is an ASIC Registered Agent and our Agent Number is 42185. We are not a government organisation and we are independent of ASIC.
1. Accessing this website
1.1 By the use of this Website, paying to use our services or accessing any information or materials through other addresses or channels associated with us, you warrant to us that you have reviewed these Terms & Conditions including our Privacy Policy, (together, the Terms), and that you understand and agree to be bound by them.
1.2 Please read these Terms carefully and cease using the Website and cancel any of your Services with us if you do not agree to the Terms.
2. Business names
2.1 By making a payment for any of our Services in relation to a business name registration or renewal with ASIC you declare that:
- You are the applicant (the proposed business name holder); or
- You are lodging this application on behalf of the applicant with the applicant’s permission (the proposed business name holder), and:
- you are authorised to submit this application for lodgement on behalf of the applicant under the terms and conditions of the ASIC Electronic Lodgement Protocol.
- you are not disqualified from managing corporations under section 206B(1) of the Corporations Act 2001; and within the last 5 years you have not been convicted of, or released from prison after being convicted of, and serving a term of imprisonment for, any of the criminal offences referred to in section 32(1) (c) or (d) of the Business Names Registration Act 2011.
- And to the best of your knowledge, the information supplied to you before you made your payment was complete and accurate (it is an offence to provide false or misleading information to ASIC).
2.2 You also acknowledge and agree to the following:
- We may request identification from you to verify your identity in connection with our Services.
- We offer a 30-day money back guarantee subject to our refund policy.
- Business name availability checks performed on the Website are dependent on the ASIC Business Names Register (ASIC Register).
- We are not responsible for errors or omissions as a result of any technical or system issues that the ASIC Register may experience.
- Submission of a new business name registration application is subject to ASIC’s eligibility & registration requirements. It does not guarantee that you will successfully obtain the name until ASIC has confirmed the successful registration.
- If your business name registration application needs to be manually reviewed by ASIC, this can delay the registration and in some cases may result in the name being rejected.
- If your business name registration application is rejected or queried by ASIC for any reason, we will correspond with ASIC on your behalf in an attempt to resolve any issues and provide you with a solution or alternative options.
- You are required to have an ABN in order to apply for a new business name registration with ASIC.
- On receipt of payment for the application of a new business name registration, we attempt to submit the name to ASIC as soon as possible. We will not be liable for any loss or damage, however arising, which may be caused in the event of an unsuccessful registration or renewal where the Service could not be provided.
- You are entitled to a full refund for any unsuccessful registration or renewal where the Service could not be provided.
- Refunds for a Service which has already been provided will be for the full amount less any non-refundable fees that we have paid to ASIC on your behalf.
- Registering a business name does not give you exclusive rights to the name. If you want exclusive rights to your business name, you’ll need to protect it with a Trade Mark.
- We make several attempts to contact you regarding the renewal of your business name previously registered or renewed through our Website and prior to the expiry date of that business name.
- Subject to your account notification settings, you may receive renewal reminders by post, email, phone or SMS to the current contact details in your account. You are responsible to keep this information up to date.
- It is your responsibility to ensure you renew your business name and we will not be liable for any loss or damage, however arising, which may be caused in the event of a business name being cancelled due to your failure or where you have not received a renewal notification from us.
- You authorise us to act as your ASIC Registered Agent for your Services and allow us to communicate and receive notifications on your behalf.
3. Domain names
3.1 Rules of registration:
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered. If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers Licence.
- Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
3.2 Registrant agreements:
- .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement. org.au and .asn.au can only be registered by a “non-commercial organisation”. The domain name you register needs to have a solid relationship to the organisation to which it represents.
- .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant’s personal name or otherwise closely connected to the registrant.
3.3 Registrants rights and responsibilities:
- All Registrars or Resellers, including Registry Australia, are bound by the 2009 Registrar Accreditation Agreement (RAA) between ICANN and it’s accredited registrars. We encourage all domain registrants to read this document and understand your rights and responsibilities for domain registrations: Registrants Rights and Responsibilities.
3.4 Domain Privacy Services:
- All whois privacy applications are subject to the relevant requirements and policies and are based on your agreement to the terms of these services upon sign-up. By applying for and using Whois Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by Registry Australia.
4. Fees and payment
4.1 When ordering a new Service from us, all fees and charges are due immediately on successful submission of your order.
4.2 When selecting credit card as your payment method, you authorise us to automatically charge your card when an amount is due.
4.3 When selected BPAY as your payment method, you are required to submit a BPAY payment with your financial institution to complete your order.
4.4 Your Service will not be provided until payment has been received in full.
4.5 Unless otherwise stated, all fees and charges are in Australia dollars.
4.6 The fees are inclusive of goods and services tax (GST).
5. Refund policy
5.1 We will only provide you with a refund in the event we are unable to continue to provide the Service or if we, at our absolute discretion, consider it is reasonable to do so under the circumstances, or if you request a refund during the initial 30-day money back guarantee period.
6. Registering for an account and setting up a profile
6.1 You must register on the Website and create an account (Account) in order to manage any Services you have with us.
6.2 You must provide basic information when registering for an Account including your organisation name, full name, email address, phone number and other contact details and we will provide you with a username and password. The username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
6.3 Once you have registered an Account, your account information will be used to create a Profile which you may then curate. Your Profile is specific to your organisation and you must not transfer it to others, except with our written permission. You may however update the authorised individual associated with the Account.
6.4 You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
6.5 You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
6.6 You will immediately notify us of any unauthorised use of your Account.
6.7 At our sole discretion, we may refuse to allow any person to register or create an Account.
7. Licence to use our Website
7.1 We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website in accordance with these Terms. All other uses are prohibited without our prior written consent.
8. Information on our Website
8.1 The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Website up-to-date and we are not liable if any Content is inaccurate or out-of-date.
8.2 Our Website or apps may contain links to other websites. We are not responsible for the security or privacy of any information collected by third-party websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.
9. Intellectual property rights
9.1 Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Website and all of the Content. Your use of our Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Website or the Content.
9.2 You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
- copy or use, in whole or in part, any Content;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Website, including (without limitation) by:
- altering or modifying any of the Content;
- causing any of the Content to be framed or embedded in another website; or
- creating derivative works from the Content.
10. Your privacy and collecting personal information from you
10.1 We are committed to protecting your privacy. We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
10.2 We collect personal information about you in order to enable you to access and use the Website and Services, to contact and communicate with you, respond to your enquiries and anything reasonably necessary to undertake our business activities and functions, or as otherwise permitted by law.
10.3 We collect personal information from you in a number of ways, including when you interact with us electronically or in person, when you access our Website and when we engage with you. In some cases, we may receive personal information about you from third parties and publicly available sources. Your personal information will only be collected by lawful means, and will be protected as set out in these Terms.
10.4 Our Website and apps use cookies. The main purpose of cookies is to monitor usage of our websites and apps to prepare customised web pages so that we may serve you more effectively. You may wish to configure your browser so that it does not accept cookies, however you may not be able to access some functions on our websites or apps if these are disabled. We may also collect tracking information shared with us including but not limited to, your IP address, browser type, last visited website and your physical location.
10.5 We may disclose that information to third party service providers who help us deliver our Services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Website. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
10.6 We do not sell any of your stored or collected information to any third parties.
10.7 We may use your personal information for direct marketing purposes. If you have received such marketing material from us and wish to opt-out from any future correspondence you can do so by visiting registry.com.au/opt-out or contacting us by phone or email.
10.8 While we endeavour to ensure that your information is accurate and error-free, you acknowledge that we will not be responsible for any inaccuracy, omission, defect or error in your information. We will not be liable for any loss or damage, however arising, which may be caused by use of this information.
10.9 You indemnify us from and against any losses or claims arising out of, or as a consequence of your negligent, wrongful, or unlawful reading of our marketing material.
10.10 The security of your personal information is important to us. We may store your personal information in different ways, including in paper form, electronic form, telephone recordings and utilising secure document retention services (including those located off-site). We take all reasonable measures to ensure that your Personal Information is stored safely to protect it from misuse, loss, unauthorised access, modification or disclosure, including electronic (firewalls and access controls) and physical security measures.
10.11 If, upon receiving access to your personal information, or at any other time, you believe the personal information that we hold about you is inaccurate, incomplete or out of date, please notify us and we will take reasonable steps to correct the information unless we are authorised not to do so by law. Should we decline your request to correct your personal information we will provide you with a written explanation setting out the legal reasons for doing so.
11. Modification to Terms
11.1 We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Website. We recommend you check our Website regularly to ensure you are aware of our current Terms.
12. Complaints
12.1 We can be contacted by email or phone and voicemail to receive support for any products or services supplied by us.
12.2 We generally reply to support requests within 15 minutes during business hours subject to the basis of the request. We endeavour to reply to all support requests within 48 hours of receiving the first contact.
12.3 Should you believe that we have not fulfilled our obligations under the Privacy Act, have not complied with the terms of our Privacy Policy, or would like to appeal a decision made by us relating to your personal information, you can make a complaint in writing to our Privacy Officer using the contact details set out in these Terms. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint.
12.4 If you have contacted us and are not satisfied with the outcome, level of service you received or the way in which your concern was dealt with, please escalate your issue to us in writing to the following address:
Registry Australia
Complaints Department
PO Box 13267, Law Courts, VIC 8010
12.5 If you are unhappy with a response that you have received from us, you may direct your complaint to the Office of the Australian Information Commissioner (OAIC) in Australia. The website for OAIC is www.oaic.gov.au.
13. Jurisdiction and governing law
13.1 Your use of the Website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
14. Contact Us
14.1 You can contact us on the below details:
Phone: 1300 070 000
Email: support@registry.com.au
Address: Level 14, 333 Collins Street, Melbourne VIC 3000