1. Definitions
- "NexusShield" means NexusShield Pty Ltd, the provider of the platform.
- "Platform" means the NexusShield web application and all associated services, including the LMS, KYC/KYB, risk assessment, and reporting tools.
- "Customer" means the organisation or entity that has entered into a subscription agreement with NexusShield.
- "User" means any individual who accesses the platform under a Customer's account.
2. Platform Access and Account Registration
Access to the platform is provided on a subscription basis to Customers who have completed the onboarding process. Each Customer is responsible for:
- Maintaining the confidentiality of account credentials and restricting access to authorised Users only.
- Ensuring all Users comply with these Terms of Service.
- Notifying NexusShield promptly of any unauthorised access or suspected security breach.
- Providing accurate and complete registration information and keeping it up to date.
3. Acceptable Use
Customers and Users agree to use the platform solely for lawful AML/CTF compliance purposes. You must not:
- Use the platform to facilitate any unlawful activity, including money laundering or the financing of terrorism.
- Attempt to gain unauthorised access to any part of the platform or its underlying systems.
- Introduce malicious code, viruses, or any software intended to disrupt or damage the platform.
- Reverse-engineer, decompile, or disassemble any component of the platform.
- Resell, sublicense, or otherwise transfer access to the platform to any third party without written consent from NexusShield.
4. Compliance Obligations
NexusShield provides tools to assist Customers in meeting their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated rules. However:
- The Customer retains full legal responsibility for its AML/CTF compliance obligations.
- NexusShield does not provide legal advice. Platform outputs, reports, and risk assessments are compliance tools and do not constitute legal or regulatory advice.
- Customers are responsible for verifying that platform-generated reports meet their specific regulatory requirements before submission to AUSTRAC.
5. Intellectual Property
All intellectual property in the NexusShield platform, including software, training content, design, and documentation, is owned by NexusShield Pty Ltd or its licensors. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the platform during the subscription term.
Customer data uploaded to the platform remains the property of the Customer. NexusShield does not claim any ownership over Customer compliance records or data.
6. Data and Privacy
NexusShield handles personal information in accordance with its Privacy Policy and the Australian Privacy Principles under the Privacy Act 1988 (Cth). By using the platform, Customers confirm they have obtained all necessary consents to submit personal information to the platform for compliance processing.
7. Service Availability
NexusShield will use commercially reasonable efforts to ensure platform availability. Scheduled maintenance will be communicated in advance where practicable. NexusShield does not guarantee uninterrupted availability and will not be liable for losses arising from temporary unavailability beyond its reasonable control.
8. Limitation of Liability
To the fullest extent permitted by Australian law, NexusShield's total liability to any Customer for any claim arising from use of the platform is limited to the subscription fees paid by that Customer in the three months preceding the claim.
NexusShield is not liable for any indirect, consequential, incidental, or special loss, including regulatory penalties incurred by a Customer as a result of their own AML/CTF compliance failures.
9. Termination
Either party may terminate the subscription by providing notice in accordance with the subscription agreement. NexusShield may suspend or terminate access immediately if a Customer or User breaches these Terms of Service or uses the platform in a manner that poses a risk to the platform, other users, or third parties.
Upon termination, Customers may request an export of their compliance data within 30 days. After that period, data will be deleted or retained as required by applicable law.
10. Changes to These Terms
NexusShield may update these Terms of Service from time to time. Material changes will be notified to Customers via email or in-platform notification at least 14 days before taking effect. Continued use of the platform after the effective date constitutes acceptance of the revised terms.
11. Governing Law
These Terms of Service are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
12. Contact
NexusShield Pty Ltd
Email: legal@nexusshield.com.au
For privacy-related enquiries, refer to our Privacy Policy.