This website ("NCPD website") is operated under the domain name www.ncpd.apra.gov.au by Fujitsu Australia ABN 67 056 621 491 ("Fujitsu") on behalf of the Australian Prudential Regulation Authority ABN 79 635 582 658 (“APRA”), a Commonwealth statutory authority constituted under the Australian Prudential Regulation Authority Act 1998 (the “APRA Act”).

Your use of the information, graphics and materials on the NCPD website ("Materials on the NCPD website") is governed by the Conditions of Use set out below (including the Privacy and Security Statements contained therein).

In addition to the terms contained in the Conditions of Use, there are also additional terms which govern your use of, and access to, certain sections of the NCPD website. You should review these additional terms when accessing those sections of the NCPD website.

Those who use the NCPD website (“NCPD Users”) are deemed to have read and agreed to the following Conditions of Use:

Conditions Of Use

General

1. APRA disclaims and excludes all and any guarantees, undertakings and warranties, express or implied, and shall not be liable for any loss, damage or liability whatsoever (including incidental or consequential loss or damage) arising out of or in connection with any use of or reliance on the material or information on the NCPD website (whether or not such loss, damage or liability is caused by the negligence of APRA or its officers, employees, contractors or agents). However, APRA does not disclaim or exclude any guarantees, undertakings, warranties or liabilities to the extent that they cannot be excluded by law. For the avoidance of doubt, other specific limitations of liability contained in these Conditions of Use do not by implication limit the generality or scope of this clause.
   
2. NCPD Users are subject to these Conditions of Use and any other disclaimers, notices, statements or terms and conditions displayed on this website. By accessing, viewing or otherwise using this website, NCPD Users agree to be subject to these Conditions of Use.
   
3. APRA may, at its sole discretion and without notice, vary or modify these Conditions of Use. Any subsequent access to, or use by NCPD Users of the NCPD website will constitute an acceptance of those variations or modifications.
   
4. NCPD Users agree that where APRA or its representatives are required, by law or otherwise, to provide a document, they may provide that document electronically through the links on the NCPD website (so long as that mode of provision is permitted by law).
   
5. Neither APRA nor its officers, employees, contractors or agents guarantees, warrants or represents the security of the NCPD website, the reliability or accuracy of any information on or obtainable from or through the website, nor accepts any responsibility arising in any other way (including by reason of negligence) for errors in, or omissions from, the information on the website and does not accept any liability for any loss or damage, however caused (including by the negligence of APRA or its officers, employees, contractors or agents), as a result of any person relying on any information on the website or being unable to access the website.
   
6. NCPD Users may not assign their rights and obligations under these Conditions of Use without the prior written consent of APRA.
   

Copyright and Trademarks

7. The information used to generate the Materials on the NCPD website is confidential information and protected under the APRA Act. APRA holds the copyright in the Materials on the NCPD website and all rights are reserved.
   
8. NCPD Users may download, store in cache, display, print, reproduce and copy the information in an unaltered form only, for personal, non-commercial purposes or within and for the purposes of their organisation, provided that proper attribution is given to APRA. NCPD Users may not re-transmit, distribute, or commercialise the material without APRA's prior written permission. Requests for such permission should be addressed to:
   
   Manager, National Claims and Policies Database
   Australian Prudential Regulation Authority
   GPO Box 9836
   SYDNEY NSW 2001
   Australia
   
   Email:  
   
9. Other than for any use permitted under the Copyright Act 1968, all other rights are reserved.
   
10. “APRA” and “NCPD” are trademarks of APRA.
    

Privacy

11. As an identified NCPD User, your usage of this NCPD website will be monitored for administrative purposes. Your NCPD User details will only be used for the purpose for which they have been provided and will not be added to any mailing list not related to the National Claims and Policies Database. We will not use your e-mail address for any other purpose, and will not disclose it, without your consent.
    
12. APRA understands and appreciates that NCPD Users are concerned about privacy and about the confidentiality and security of information we may gain about you whilst you are online. APRA is committed to protecting your privacy.
    
13. APRA is bound by the Privacy Act 1988 and the National Privacy Principles set out in that Act. We only collect personal information about you as an NCPD User that is necessary to perform our functions and activities in relation to the National Claims and Policies Database. We make every reasonable effort to protect all personal information that we hold about NCPD Users from misuse and loss. We also make every reasonable effort to protect it from unauthorised access, modification and disclosure.
    
14. If you have a query relating to our Privacy Policy, contact us by writing to:
    Manager, National Claims and Policies Database
    Australian Prudential Regulation Authority
    GPO Box 9836
    SYDNEY NSW 2001
    Australia
    Email: 
    

Security

15. This is a cookie-free site. When you look at the NCPD website, the NCPD servers make a record of your visit and log the following information:
    
    • the NCPD User's server address, the NCPD User's top level domain name (for example .com, .gov, .au, .uk etc)
    • the date and time of visit to the site
    • the pages accessed and files transmitted
    • the previous site visited
    • the type of browser used
16. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). If secure transmission is indicated, the NCPD web site currently uses SSL encryption.
    
17. APRA and Fujitsu regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although APRA strives to protect such information, APRA cannot ensure or warrant the security of any information NCPD Users transmit to us. Once we receive your transmission to the NCPD, we make every reasonable effort to preserve the security of the information in the NCPD.
    
18. APRA applies a range of security controls to protect the NCPD website from unauthorised access. However, NCPD Users should be aware that the World Wide Web is an insecure public network that gives rise to a potential risk that a user's transactions are being viewed, intercepted or modified by third parties and that files which the NCPD User downloads may contain computer viruses, disabling codes, worms or other devices or defects.
    
19. APRA accepts no responsibility for, and shall not be liable for, any interference with or damage to an NCPD User's computer system, software or data occurring in connection with or relating to this website or its use (even if such interference or damage arises out of the negligence of APRA or its officers, employees, contractors or agents). NCPD Users are encouraged to take appropriate and adequate precautions to ensure that whatever is selected from this site is free of viruses or other contamination that may interfere with or damage an NCPD User's computer system, software or data.
    

Lodgement

20. APRA collects data in relation to the NCPD using its powers under the Financial Sector (Collection of Data) Act 2001. NCPD Users who contribute data from organisations that are not regulated by APRA agree to abide by the terms of the Act in relation to data submitted to the NCPD.
    
21. By submitting data to the NCPD, NCPD Users warrant that the data satisfies the requirements of the Financial Sector (Collection of Data) Act 2001, the reporting standards made under that Act and any directions issued by APRA from time to time (subject to any exemptions granted in writing by APRA).
    
22. NCPD Users accept responsibility for all information and material submitted by them to the NCPD. NCPD Users agree that they shall not submit any information or material that is not required under the reporting standards relating to the National Claims and Policies Database.
    
23. Any information and material transferred to APRA becomes the property of APRA upon completion of the transmission.
    
24. APRA reserves the right not to use the material submitted by you for the NCPD.
    

Third Party Software

25. Unless otherwise indicated, software downloads available via links from the NCPD web site are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, APRA accepts no liability in respect of such third party products or in respect of loss, damage or liability arising out of the use or operation of such third party products, and APRA provides no warranty and gives no endorsement in respect of such products or any party connected with them.
    

Warranties

26. All information contained on the NCPD website is given in good faith and has been derived from sources believed to be accurate. While we have made every reasonable effort to ensure that information is free from error, APRA does not represent or warrant the accuracy, adequacy or completeness of Materials on the NCPD website. APRA recommends that NCPD Users exercise their own skill and care with respect to the use of or reliance on that material or information as it may not be complete or accurate for their purposes. All information on the NCPD website is subject to change without notice.
    

Termination

27. These Conditions of Use, the agreement constituted by your use of the NCPD website or of the Materials on the NCPD website, and/or your access as an NCPD User to the NCPD website may be terminated at any time by APRA or Fujitsu without notice. However, all licences, authorisations and permissions granted by you, and assumptions of responsibility by you, in or under these Conditions of Use which relate to the content, quality or use of the information provided by you to the NCPD website, and all disclaimers and limitations of liability relating to APRA in these Conditions of Use, will survive termination.
    

Governing Law

28. This Agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the State of New South Wales. NCPD Users consent to the jurisdiction of the courts of the State of New South Wales.
    

Account and Password

29. NCPD Users are responsible for maintaining the confidentiality of their NCPD account name and password. NCPD Users are solely responsible for the use of their NCPD account, whether or not authorised by the NCPD User. NCPD Users agree to immediately notify APRA or Fujitsu of any unauthorised use of their NCPD account.
    

Links to External Websites

30. The NCPD website contains links to other websites that are external to APRA. APRA takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites.
    
31. Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by the NCPD website are responsible for being aware of which organisation is hosting the website they visit.
    

Indemnification

32. NCPD Users agree to indemnify APRA, Fujitsu, their IT service providers and the third party owners of software products mentioned in clause 25 against loss, damage or liability arising out of the breach by the NCPD Users of these Conditions of Use or out of any deliberate or negligent misuse of the NCPD website or of the NCPD User’s account.