North America

Effective Date:  
June 29, 2023

Defined Terms

Any terms used in this document and not otherwise defined have the meanings attributed to such terms in the Terms of Service.

These terms have the following meanings:

Business Day means a day which is not a Saturday, Sunday or bank or public holiday in Sydney, Australia and Delaware, USA.

Data Location means Washington DC.

Default Rate is the sum of 2% and:

  1. SOFR (the Secured Overnight Financing Rate); or
  2. if there is no such reference rate, LIBOR.

Governing Law is Delaware, USA and the parties submit to the non-exclusive jurisdiction of the courts of Delaware, USA.

Mediation Rules means the American Arbitration Association Commercial Mediation Procedures. 

Privacy Law means the Privacy Act 1974 and all regulations made under it.

Tax Provisions

If any supply by SecureCo under, or in connection with the Terms of Service and any Service(s) constitutes a taxable supply for the purposes of the GST Law:

  1. You must pay SecureCo an amount equal to the GST payable on that supply in addition to, and at the same time as, the amount payable for that supply.
  2. where You are required to pay or reimburse an expense or outgoing incurred by SecureCo, the amount to be paid or reimbursed  will be the sum of:
  3. the amount of the expense or outgoing less any input tax credits in respect of the expense or outgoing to which SecureCo, or to which the representative member for the relevant GST group, is entitled; and
  4. if the payment or reimbursement is subject to, an amount equal to that GST.
  5. GST has the meaning given to that term (or an equivalent term) in the GST Law.

GST Law has the meaning given to that term (or an equivalent term) in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any equivalent legislation in any other applicable jurisdiction.