1. Application of these Terms and Conditions

1.1 In consideration of NBN Co Limited ACN 136 533 741 ("we" or "NBN Co") providing you access to the online Co-Development Project Form (“Form”), you agree to the following Terms and Conditions. These Terms and Conditions apply to your use of this Form. You warrant that all information and data provided by you through this Form is true, accurate, complete and up to date and that you have authority to disclose such information and data and to agree to these Terms and Conditions.

1.2 These Terms and Conditions only apply to your use of this Form and the information and data exchanged through it. You are accessing this Form for the purposes of providing NBN Co with information in relation to potential co-development work associated with the National Broadband Network. These Terms and Conditions, and your use of the Form, do not constitute an agreement between you and NBN Co for the provision of any goods or services by one party to the other, other than the services specifically set out in this Form or impose any obligation on NBN Co to contract with you in relation to potential co-development work or the provision of any connection or fibre roll out services. The terms of any future co-development work are subject to further agreement between you and NBN Co.

2. Your use of the Form

2.1 It is a condition of your use of the Form that you do not:

(a) restrict or inhibit any other user from using and enjoying the Form;

(b) post or transmit any unlawful information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;

(c) post or transmit any information, software or other material which violates or infringes the rights of others, without first obtaining permission from the owner or right holder;

(d) post or transmit any information, software or other material that contains a virus or other harmful component; or

(e) post, or transmit or in any way exploit any information, software or other material for commercial purposes, and you agree to pay NBN Co on demand the amount of any losses, costs, damages, expenses and other liabilities suffered or incurred by NBN Co, its related bodies corporate or their respective officers, directors or employees arising out of in connection with your violation of either these Terms and Conditions and/or our Privacy Policy or from claims made by third parties including claims regarding ownership, copyright, plagiarism, slander, libel, rights abuse, right to submit, or privacy violation.

2.2 You warrant that if any information or data that you provide to NBN Co is amended, updated or is found to no longer be true and correct, that you will provide NBN Co with such updated or corrected information or data in a timely fashion. 2.3 You will maintain the confidentiality of any and all information or data that is disclosed to you in the course of using the Form.

3. Use of information by NBN Co

3.1 You acknowledge that NBN Co may contact you following your completion (including partial completion) of this Form.

3.2 Personal information about you may be collected for the primary purpose of assessing your application for the NBN Co Co-Development Program. If you do not provide the information requested  we may not be able to process your application. The organisations we typically disclose this type of information to may include  organisations contracted to provide services to us related to the roll out of the NBN such as construction partners.  The NBN Co Privacy Policy is available  www.nbnco.com.au/privacy contains information about how you can make a complaint about a breach of the Australian Privacy Principles and how we will deal with such complaint, how you can request access to personal information held about you and correct such information.  You can contact NBN Co by calling 1800 OUR NBN (1800 687 626).

4. Intellectual Property

4.1 You acknowledge that the copyright in the Form, the software, design, text and graphics comprised in the Form, the selection and layout of the Form and the content and materials on the Form (together, the "Materials") are owned by or licensed to NBN Co and that you must not reproduce or modify the Materials or deal with them in any way that is contrary to law, without the prior written consent of NBN Co.

4.2 You may: (a) store a reproduction of the content on this Form on your local computer for the sole purpose of viewing the content and Materials; and (b) print hard copies of the content and Materials for the sole purpose of viewing the information and data on the Form but not for any other use, including commercial use.

4.3 The Form contains registered trade marks and other trade marks which are protected by law. You must not use any of the marks or trade marks appearing on the Form or our name or the names of our related bodies corporate without our prior written consent. You must not use any of the other company, product and services marks on the Form that are owned by other third parties (including our suppliers) without obtaining the relevant third party owner’s consent.

4.4 You grant to NBN Co a perpetual, irrevocable, licence to use, modify and adapt all drawings, descriptions and other material provided by you to NBN Co through this Form or in connection with any related services provided by NBN Co. In particular, NBN Co may include any such materials in its databases and other computer systems and use or modify such materials in connection with the operation of the business of NBN Co. NBN Co may sublicense the rights granted to it under this clause.

4.5 You warrant that you have sufficient interest in such material to grant the licence in clause 6.4.

5. Disclaimer

5.1 NBN Co is not liable (including in negligence) for any loss, damage, or expense that you may suffer in connection with the services offered by this Form or any failure by NBN Co to take any action in connection with information provided by you via this Form.

6. General

6.1 The Form may contain links to external websites that are not operated by NBN Co or our related bodies corporate. These links are provided for your convenience only and you agree that: (a) we make no representations or warranties, or have any responsibility or liability for those websites; and (b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites. You agree that you access and use the information and data made available at those websites solely at your own risk.

6.2 NBN Co may update these Terms and Conditions at any time and we may, but not necessarily, notify you by email. You may be asked to review and agree to changed terms at any time that you enter the Form.

6.3 By clicking "I accept the Terms & Conditions of this application" you acknowledge that you agree to be bound by these Terms and Conditions.