1. Introduction

This Acceptable Use Policy ("Policy") governs all use of Nephthys Pty Ltd (ACN 628 031 587, ABN 70 628 031 587) trading as AusClear's services, website, and platforms. This Policy forms a legally binding agreement between you and AusClear. By accessing or using our Services, you accept and agree to be bound by this Policy.

2. Definitions

"Services" means all of AusClear's offerings, including but not limited to website access, consultations, document access, and support services.

"User" means any individual or entity accessing or using the Services.

"Prohibited Activities" means any activities set forth in Section 3 of this Policy.

3. Prohibited Activities

The following activities are strictly prohibited when using AusClear's Services:

3.1 Co-ordinated Intelligence Gathering

  • Collecting information from employees;
  • Several staff members posing as clients;
  • Repeated and systematic appointment or consultation scheduling;
  • Step-by-step information extraction;
  • Gathering insights from multiple channels;
  • Attempting to outline or replicate processes and capabilities.

3.2 Multi-Channel Abuse

Prohibited misuse of our communication and service channels, including:

  • Phone consultations;
  • Live chat platforms;
  • Email exchanges;
  • Website interactions;
  • Document repositories;
  • Support services;
  • Booking or scheduling systems.

3.3 Identity Deception

  • Misrepresenting oneself as an employee;
  • Using multiple or fabricated email addresses;
  • Rotating phone numbers to evade detection;
  • Providing false company information;
  • Using VPNs, proxies, or other methods to manipulate or disguise IP addresses;
  • Multiple IP manipulation or spoofing;
  • Co-ordinated distributed access attempts.

4. Detection and Monitoring

AusClear employs comprehensive monitoring and detection mechanisms to identify violations of this Policy.

4.1 Comprehensive Surveillance

We monitor and analyse:

  • Phone infrastructure usage;
  • Electronic communications;
  • Consultation or appointment bookings;
  • Website traffic data;
  • Document access logs;
  • Payment platforms;
  • Customer support channels.

4.2 Pattern Analysis

Our systems identify suspicious patterns, including:

  • Patterns in communications;
  • Repetitive questioning;
  • Overlapping identities;
  • Anomalies in access times;
  • Device or browser fingerprints;
  • Payment method correlations;
  • Traffic origins;
  • IP manipulation or spoofing patterns.

5. Reporting to Authorities

AusClear is committed to reporting violations of this Policy to relevant authorities.

5.1 Mandatory Reporting

Violations may be reported to:

  • Australian Federal Police (AFP);
  • Australian Competition & Consumer Commission (ACCC);
  • Australian Securities and Investments Commission (ASIC);
  • Fair Work Commission;
  • Relevant professional bodies;
  • Applicable industry regulators.

5.2 Reportable Activities

Activities subject to reporting include:

  • Group-based intelligence gathering;
  • Misrepresentation of identity;
  • Misuse of systems;
  • Employee misconduct;
  • Unauthorised data harvesting;
  • Process or capability mapping;
  • IP or geolocation manipulation.

6. Consequences

⚠️ Serious Consequences for Violations

Violations of this Policy will result in immediate action and may lead to criminal prosecution, substantial fines, and other legal consequences.

6.1 Immediate Actions

Upon detection of a violation, AusClear will:

  • Immediately terminate all related accounts;
  • Revoke access to our services;
  • Retain pertinent evidence;
  • Notify relevant authorities;
  • Initiate legal proceedings.

6.2 Legal Consequences

Violators may face:

  • Criminal charges under relevant Australian legislation;
  • Corporate penalties of up to AUD 10 million;
  • Individual fines of up to AUD 500,000;
  • Potential liability for directors or officers;
  • Professional disciplinary action;
  • Industry-wide prohibitions;
  • Reporting violations to relevant professional bodies;
  • Sharing violation information with other service providers;
  • Civil remedies in addition to criminal charges;
  • Recovery of costs associated with investigating violations.

7. Evidence Retention

AusClear maintains comprehensive records to support legal action against violations of this Policy. We retain evidence of:

  • All access attempts and patterns;
  • Identity verification data;
  • Communication records;
  • System usage patterns;
  • IP addresses and locations;
  • Payment information;
  • Device fingerprints;
  • Timestamps and session data;
  • Booking and consultation records.

This evidence will be preserved in accordance with legal requirements and used to support investigations, regulatory reporting, and legal proceedings.

8. Modification Clause

AusClear reserves the right to modify this Policy at any time. Changes will be effective immediately upon posting to our website at www.ausclear.com.au/acceptable-use-policy. Your continued use of our Services constitutes your acceptance of any modifications.

We encourage you to review this Policy periodically to stay informed of any changes.

9. Indemnification

You agree to indemnify, defend, and hold harmless AusClear, Nephthys Pty Ltd, and our officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and investigation costs) arising from or related to:

  • Your violation of this Policy;
  • Your use or misuse of the Services;
  • Your violation of any laws, regulations, or third-party rights;
  • Any false or misleading information you provide;
  • Any activity conducted under your account or credentials.

10. Severability

If any provision of this Policy is found to be unenforceable, invalid, or unlawful by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that this Policy will otherwise remain in full force and effect and continue to be enforceable.

11. Governing Law

This Policy is governed by and construed in accordance with the laws of South Australia, Australia. Any disputes, claims, or proceedings arising from or relating to this Policy will be subject to the exclusive jurisdiction of the courts located in South Australia, Australia.

This Policy is subject to relevant Australian legislation, including but not limited to:

  • The Australian Consumer Law;
  • The Competition and Consumer Act 2010 (Cth);
  • The Privacy Act 1988 (Cth);
  • The Corporations Act 2001 (Cth);
  • Relevant cybercrime and telecommunications legislation.

12. Reporting Violations

If you become aware of any violations of this Policy, or suspect that someone is engaging in Prohibited Activities, please report them immediately to AusClear.

You can report violations by contacting:

All reports will be treated confidentially and investigated thoroughly.

13. Contact Details

If you have any questions, concerns, or require clarification regarding this Acceptable Use Policy, please contact:

Nephthys Pty Ltd trading as AusClear

Contact Person: Mark Smith

Email:mark@ausclear.com.au

Phone:1300 027 423

Postal Address: 82 Onkaparinga Valley Road, Woodside, SA 5244, Australia

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