Copyright Notice and Intellectual Property Rights
1 OWNERSHIP AND COPYRIGHT
All content, materials, and intellectual property published on the AusClear website (www.ausclear.com.au), client portal, knowledge base, digital platforms, and associated services (collectively, the "Platform"), whether public or restricted, and irrespective of form or storage medium, are the exclusive property of Nephthys Pty Ltd (ACN 628 031 587, ABN 70 628 031 587) trading as AusClear ("AusClear", "we", "us", or "our"), unless expressly stated otherwise.
This includes, but is not limited to:
- Written Content: All text, articles, fact sheets, guides, blog posts, knowledge base entries, client resources, educational materials, reports, correspondence templates, forms, questionnaires, checklists, travel registers, and other written materials;
- Visual Content: All logos, trademarks, service marks, brand identifiers, graphics, photographs, images, illustrations, icons, diagrams, infographics, charts, design elements, and visual displays;
- Digital Assets: All software, source code, object code, scripts, databases, APIs, algorithms, technical documentation, system architecture, user interfaces, portal functionality, and technological implementations;
- Portal Content: All client dashboard materials, progress tracking systems, secure messaging content, document repositories, travel management systems, invoice tracking systems, and proprietary portal functionality;
- Multimedia Content: All audio recordings, video content, webinars, presentations, training materials, and multimedia productions;
- Structural Elements: All website design, layout, navigation structure, user experience elements, compilation of content, and organisational frameworks;
- Business Materials: All contracts, agreements, schedules, pricing structures, service descriptions, business processes, methodologies, operational documentation, and proprietary business systems.
All such materials are protected by Australian copyright law under the Copyright Act 1968 (Cth), international copyright treaties, trade mark law, design rights, database rights, and other applicable intellectual property laws and regulations.
2 COPYRIGHT OWNERSHIP
Β© 2023-2025 Nephthys Pty Ltd trading as AusClear. All rights reserved.
AusClear is the sole and exclusive owner of all intellectual property rights, including copyright, in all original materials created by, commissioned by, or developed for AusClear. Where materials incorporate third-party content, such content remains the property of the respective copyright holders and is used under appropriate licence or permission.
3 RESERVATION OF RIGHTS
AusClear expressly reserves all rights not explicitly granted herein. No licence, right, title, or interest in any intellectual property is transferred to any user, visitor, or third party by virtue of accessing, viewing, or using the Platform or any materials thereon. All rights, including but not limited to reproduction, distribution, modification, public performance, public display, and creation of derivative works, are strictly reserved by AusClear.
4 PERMITTED USE
4.1 Personal and Non-Commercial Use
Authorised users and visitors to the Platform may:
- View and access content for personal, non-commercial informational purposes only;
- Print individual pages for personal reference, provided all copyright notices remain intact;
- Share direct links to publicly available content on the Platform;
- Quote brief excerpts (not exceeding 200 words) for commentary, criticism, or review purposes, provided proper attribution is given to AusClear and a direct link to the source material is included.
4.2 Client Use
Registered clients of AusClear may:
- Access, view, and download materials specifically provided to them through their client portal account for personal use in connection with their security clearance application;
- Print documents provided through their client account for their personal records;
- Share materials with their nominated referees, sponsors, or legal representatives solely for the purpose of completing their security clearance application;
- Utilise the AusClear Portal travel register, progress tracking, and secure messaging systems as intended.
All such use must include retention of copyright notices and must not involve modification, redistribution, or commercial exploitation of the materials.
5 PROHIBITED USE
β οΈ WARNING: Without prior written consent from AusClear, the following activities are strictly prohibited and will result in legal action.
5.1 Reproduction and Distribution
- Copying, reproducing, duplicating, downloading (except as expressly permitted), or capturing any content from the Platform by any means;
- Distributing, publishing, broadcasting, transmitting, or making available any content to third parties;
- Republishing, reposting, or mirroring any content on any other website, platform, social media channel, or medium;
- Incorporating any content into any other work, publication, database, or compilation;
- Creating derivative works based upon any content;
- Screen scraping, data mining, or using automated tools to extract content.
5.2 Commercial Exploitation
- Using any content for commercial purposes, including but not limited to consulting services, training programmes, educational courses, or competitive business activities;
- Selling, licensing, sublicensing, or otherwise commercialising any content;
- Using any content to develop, train, or improve competing services, products, or business models;
- Reverse engineering, decompiling, or disassembling any software or technical systems;
- Establishing a competing security clearance advisory, sponsorship, or related business using AusClear's content, methodologies, or business processes.
5.3 Misrepresentation and Brand Misuse
- Using AusClear's name, logos, trademarks, or branding without express written permission;
- Suggesting affiliation, endorsement, or partnership with AusClear where none exists;
- Framing, inline linking, or presenting AusClear content in a manner that misrepresents its source;
- Altering, removing, or obscuring copyright notices, watermarks, or attribution;
- Creating confusion regarding the source, sponsorship, or approval of any materials.
5.4 Artificial Intelligence and Machine Learning Restrictions
- Using any content to train, develop, test, or improve artificial intelligence systems, machine learning models, large language models (LLMs), or algorithmic tools;
- Scraping, harvesting, or extracting content for use in AI training datasets;
- Feeding content into AI systems for the purpose of generating competing or derivative content;
- Using automated bots, crawlers, or scraping technologies to access, index, or archive content beyond standard search engine indexing;
- Circumventing technical measures designed to prevent automated access or data extraction.
Specific AI/ML Prohibition: AusClear expressly prohibits the use of its content for any form of machine learning, artificial intelligence training, or automated content generation without explicit written authorisation.
5.5 Unauthorised Access and Security Violations
- Attempting to gain unauthorised access to the Platform, portal systems, databases, or user accounts;
- Circumventing security measures, authentication systems, or access controls;
- Interfering with the proper functioning of the Platform or its infrastructure;
- Introducing viruses, malware, or harmful code;
- Engaging in denial-of-service attacks or other disruptive activities.
6 TRADE MARKS
The following are registered and/or common law trade marks of Nephthys Pty Ltd trading as AusClear:
- AusClear (word mark and associated logos)
- AusClear Portal (including SecurePath services and functionality)
- Other distinctive branding, slogans, and service marks as displayed
Unauthorised use of these trade marks is strictly prohibited and may constitute trade mark infringement under the Trade Marks Act 1995 (Cth). No licence or right to use AusClear's trade marks is granted by implication, estoppel, or otherwise.
7 THIRD-PARTY CONTENT AND LINKS
Where the Platform contains content, links, or references to third-party materials:
- Such content remains the property of the respective copyright holders;
- AusClear does not claim ownership of third-party content;
- Third-party content is used under appropriate licence, permission, or fair dealing provisions;
- Links to external websites do not imply endorsement and are provided for convenience only.
8 CLIENT-GENERATED CONTENT
8.1 Portal Submissions
Where clients submit information, documents, or communications through the AusClear Portal:
- Clients retain ownership of their personal information and documents;
- Clients grant AusClear a limited, non-exclusive licence to use submitted materials solely for the purpose of providing security clearance sponsorship services;
- Clients warrant they have the right to submit such materials and that submissions do not infringe third-party rights;
- AusClear will handle client information in accordance with the Privacy Act 1988 (Cth) and the AusClear Privacy Policy.
8.2 Testimonials and Feedback
Where clients provide testimonials, reviews, or feedback:
- Clients grant AusClear a perpetual, royalty-free licence to use, reproduce, and publish such content for marketing and promotional purposes;
- AusClear may edit testimonials for length, clarity, or appropriateness whilst preserving the substantive meaning;
- Clients may request removal of published testimonials at any time.
9 ENFORCEMENT AND LEGAL REMEDIES
9.1 Monitoring and Detection
AusClear actively monitors for unauthorised use, infringement, and misappropriation of its intellectual property through:
- Automated content monitoring systems;
- Legal and technical investigations;
- Third-party reporting and complaints mechanisms;
- Cooperation with law enforcement and regulatory authorities.
9.2 Available Remedies
AusClear reserves the right to pursue all available legal remedies for infringement or unauthorised use, including but not limited to:
- Injunctive Relief: Immediate court orders to cease infringing activities;
- Damages: Compensation for actual damages, lost profits, and statutory damages where applicable;
- Account of Profits: Recovery of profits derived from infringing activities;
- Costs Recovery: Legal costs, investigation expenses, and enforcement costs;
- Criminal Sanctions: Referral to authorities for criminal copyright infringement where appropriate under the Copyright Act 1968 (Cth).
9.3 Cease and Desist Procedures
Upon discovery of unauthorised use or infringement, AusClear may:
- Issue formal cease and desist notices requiring immediate cessation of infringing activities;
- Demand removal or destruction of infringing materials;
- Require public correction or retraction of misrepresentations;
- Pursue immediate legal action without further notice where infringement is wilful, substantial, or causing irreparable harm.
10 DMCA AND TAKEDOWN NOTICES
10.1 Reporting Infringement
If you believe that content on the Platform infringes your copyright, you may submit a notice containing:
- Identification of the copyrighted work claimed to be infringed;
- Identification of the allegedly infringing material and its location on the Platform;
- Your contact information (name, address, telephone, email);
- A statement of good faith belief that the use is unauthorised;
- A statement that the information is accurate and you are authorised to act on behalf of the copyright owner;
- Your physical or electronic signature.
Send notices to: legal@ausclear.com.au
10.2 Counter-Notification
If you believe content was removed or disabled by mistake or misidentification, you may submit a counter-notification as prescribed by applicable law.
11 LICENSING AND PERMISSIONS
11.1 Requesting Permission
Requests for permission to use AusClear content beyond the permitted uses outlined in Section 4 must be submitted in writing to permissions@ausclear.com.au and must include:
- Detailed description of the intended use;
- Specific content or materials to be used;
- Purpose, scope, and duration of use;
- Expected audience and distribution channels;
- Commercial or non-commercial nature of the use.
11.2 Licence Terms
Any licence granted by AusClear will:
- Be provided in writing with specific terms and conditions;
- Be limited to the scope expressly granted;
- Require proper attribution as specified by AusClear;
- Be revocable upon breach of licence terms;
- Require payment of licence fees where applicable.
12 DISCLAIMER OF WARRANTIES
12.1 Content Accuracy
Whilst AusClear endeavours to ensure the accuracy and currency of all content:
- Content is provided "as is" without warranty of any kind, express or implied;
- AusClear does not warrant that content is error-free, complete, or current;
- Content should not be relied upon as legal, financial, or professional advice;
- Users should verify information and seek professional guidance where appropriate.
12.2 Technical Availability
AusClear does not warrant:
- Continuous, uninterrupted access to the Platform;
- That the Platform will be free from errors, viruses, or security vulnerabilities;
- That defects will be corrected, or that technical issues will be resolved within specific timeframes.
13 LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- AusClear's liability for any breach of implied warranties is limited to re-supplying the relevant materials or services;
- AusClear is not liable for indirect, consequential, special, or punitive damages;
- AusClear's total liability in connection with the Platform or its content shall not exceed the amount paid by the user (if any) for access to the specific content in question.
This limitation does not apply to liability that cannot be excluded or limited under the Australian Consumer Law or other applicable mandatory law.
14 INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless AusClear, its directors, officers, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:
- Unauthorised use of content or intellectual property;
- Breach of these copyright terms;
- Violation of applicable laws or regulations;
- Infringement of third-party rights resulting from user's actions.
15 SEVERABILITY
If any provision of this Copyright Notice is found to be invalid, unlawful, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
16 GOVERNING LAW AND JURISDICTION
This Copyright Notice is governed by the laws of South Australia and the Commonwealth of Australia. Any disputes arising from or relating to copyright, intellectual property rights, or use of the Platform shall be subject to the exclusive jurisdiction of the courts of South Australia.
17 AMENDMENTS
AusClear reserves the right to amend, modify, or update this Copyright Notice at any time. Material changes will be indicated by updating the "Last Updated" date. Continued use of the Platform following such changes constitutes acceptance of the modified terms.
18 CONTACT INFORMATION
For copyright enquiries, permission requests, or to report infringement:
Nephthys Pty Ltd trading as AusClear
82 Onkaparinga Valley Road, Woodside, South Australia 5244
Email: legal@ausclear.com.au
Website: www.ausclear.com.au
Copyright Officer: Mark Smith
Email: copyright@ausclear.com.au
APPENDIX A: ATTRIBUTION REQUIREMENTS
When using AusClear content under permitted use provisions (Section 4), proper attribution must include:
- Source Identification: "Source: AusClear (www.ausclear.com.au)"
- Copyright Notice: "Β© [Year] Nephthys Pty Ltd trading as AusClear"
- Direct Link: Hyperlink to the specific page where content appears
- Modification Disclosure: Statement if content has been modified or adapted
Example attribution:
APPENDIX B: ENFORCEMENT EXAMPLES
The following scenarios constitute copyright infringement and will result in legal action:
Scenario 1: Content Aggregation
A competitor website copies AusClear's knowledge base articles and republishes them on their own platform, even with attribution.
Violation: Unauthorised reproduction and distribution.
Scenario 2: AI Training
A technology company scrapes AusClear's website content to train a large language model for a competing chatbot service.
Violation: Unauthorised use for AI/ML purposes and commercial exploitation.
Scenario 3: Portal Replication
A developer examines AusClear Portal's functionality and creates a nearly identical client portal system with similar features and workflow.
Violation: Misappropriation of business systems and potential copyright in software architecture.
Scenario 4: Brand Confusion
A security consultancy uses "AusClear Solutions" as their business name and adopts similar branding and colour schemes.
Violation: Trade mark infringement and passing off.
Scenario 5: Unauthorised Course Materials
A training provider incorporates AusClear's fact sheets and guides into their paid security clearance training course without permission.
Violation: Commercial exploitation and unauthorised distribution.
END OF COPYRIGHT NOTICE
This document constitutes the complete Copyright Notice and Intellectual Property Rights statement for Nephthys Pty Ltd trading as AusClear. It supersedes all previous copyright notices and statements.
Document Version: 1.1 | Approved by: Mark Smith, AusClear | Date: 10 November 2024 Date: 14 November 2025