RMBS Terms and Conditions

1. ACCESS TO THE DATA

1.1 We will permit you to have access to, and Use, the Data on the terms set out in these Terms.

1.2 You acknowledge that you have agreed to be bound by these Terms each time that you access the Data.

1.3 We may immediately revoke your right to have access to, and Use, the Data if you breach these Terms or in order to comply with any Australian law.

2. USE OF THE DATA

2.1 You must only Use the Data, or any part of the Data for a Permitted Purpose.

2.2 You must not take any steps or actions:

  • (a) to Use or handle the Data in a way that may be reasonably expected to result (whether deliberately or inadvertently) in an individual being identified with, or connected to, any part of the Data; or
  • (b) to combine or compare some or all of the Data with any other information that is or becomes available to you in any manner, with a view to creating or generating any additional information that may or will result (whether deliberately or in advertently) in an individual being identified with, or connected to, any part of the Data.

2.3 You must not Use the Data in a manner that would cause us to breach, or be in breach, of the Privacy Act.

2.4 You must not Use the Data for any improper, fraudulent or illegal activities (whether or not such activities would comprise a Permitted Purpose).

2.5 You must not disclose the Data.

3. SECURITY OF DATA

3.1 You must have and maintain appropriate security arrangements and protocols to prevent any unauthorised access to Data that you hold.

3.2 You must not allow any other person to use your Website log-in or password and must keep the Website log-in and password secure.

4. ACKNOWLEDGMENTS AND LIABILITY

4.1 To the extent permitted by law, we are not liable to you for any loss, or damage or costs sustained or incurred by you, arising in any way in connection with access to, or Use of, the Data or our provision of the including, without limitation, liability arising from our negligence.

4.2 To the extent permitted by law, and without limiting the above, we will not be liable to you for consequential loss including, without limitation, loss of profits or loss of business.

5. RETURN OR DESTRUCTION OF DOCUMENTS

5.1 Immediately following a written request from us to do so, you must:

  • (a) deliver to us all data, documents and other materials containing, recording or referring to Data; and
  • (b) erase or destroy in another way all electronic and other intangible records containing, recording or referring to Data, which are in your possession, power or control.

6. INCONSISTENCY

6.1 To the extent of any inconsistency between these Terms and the RESIMAC Terms and Conditions, these Terms prevail.

Definitions

Data is a subset of the financial information and other data that is provided to the Reserve Bank of Australia by us, in order to meet the eligibility requirements set by the Reserve Bank of Australia  for any applicable repurchase agreement affecting the relevant RMBS, and which we makes available to you from time to time via the Website.

Permitted Purpose means the purposes for which you are permitted to Use the Data:

Use Credit rating agencies Market data provider or cash flow model provider Investor in RMBS, or a potential investor Trustee Researcher or academic
USE OF THE DATA (OR ANY PART) FOR ANY OF THE FOLLOWING INTERNAL PURPOSES:
  • RESEARCH;
  • ANY OTHER RELATED AND INTERNAL PURPOSE.
USE OF THE DATA (OR ANY PART) FOR ANALYSIS IN RELATION TO THE ASSIGNMENT OF A CREDIT RATING FOR NOTES ISSUED BY A SECURITISATION TRUST
USE OF THE DATA (OR ANY PART) FOR ANALYSIS
USE OF THE DATA (OR ANY PART) FOR
  • ANY OTHER RELATED AND INTERNAL COMPLIANCE PURPOSE RELATING TO THE MANAGEMENT OR OPERATION OF ANY RMBS; AND
  • ANY ONGOING EVALUATION OF THE PERFORMANCE OF THE TRUSTEE OR A RMBS TO WHICH ANY PARTICULAR DATA RELATES.
USE OF THE DATA (OR ANY PART) IN ORDER TO PROVIDE REPORTS OR OTHER INFORMATION TO YOUR CLIENTS OR CUSTOMERS (INCLUDING POTENTIAL CLIENTS OR CUSTOMERS), OR TO THE PUBLIC AT LARGE, BY THE PROVISION OR PUBLICATION OF AGGREGATED INFORMATION ABOUT OR CONCERNING ANY RMBS THAT IS THE SUBJECT OF THAT DATA, IN CIRCUMSTANCES WHERE THE INFORMATION PROVIDED BY YOU TO ANY PERSON, OR PUBLISHED BY YOU, DOES NOT CONTAIN ANY INDIVIDUAL LOAN LEVEL INFORMATION (BEING INFORMATION THAT IS IDENTIFIABLE TO AN INDIVIDUAL LOAN).
USE OF THE DATA (OR ANY PART) ABOUT OR CONCERNING ANY RMBS IN ORDER TO PROVIDE OR PUBLISH ANY REPORT OR ANALYSIS ABOUT OR CONCERNING THAT PARTICULAR RMBS, IN CIRCUMSTANCES WHERE THE REPORT OR ANALYSIS PROVIDED OR PUBLISHED BY YOU DOES NOT CONTAIN ANY INDIVIDUAL LOAN LEVEL INFORMATION.
USE OF THE DATA (OR ANY PART) ABOUT OR CONCERNING ANY RMBS IN ORDER TO PROVIDE OR PUBLISH ANY REPORT OR RATINGS ABOUT OR CONCERNING THAT PARTICULAR RMBS, IN CIRCUMSTANCES WHERE THE REPORT OR RATING PROVIDED OR PUBLISHED BY YOU DOES NOT CONTAIN ANY INDIVIDUAL LOAN LEVEL INFORMATION.
USE OF THE DATA (OR ANY PART) IN ORDER TO PROVIDE REPORTS OR OTHER INFORMATION TO THE PUBLIC BY THE PROVISION OR PUBLICATION OF RESEARCH OR REPORTS THAT ARE LIMITED TO THE PUBLICATION OF ONLY AGGREGATED INFORMATION ABOUT OR CONCERNING ANY RMBS THAT IS THE SUBJECT OF THAT, IN CIRCUMSTANCES WHERE THE INFORMATION PUBLISHED OR DISCLOSED TO ANY PERSON DOES NOT CONTAIN ANY INDIVIDUAL LOAN LEVEL INFORMATION.
USE OF THE DATA (OR ANY PART) FOR ANY OTHER PURPOSE AGREED TO IN WRITING BY THE DISCLOSER.

Privacy Act means the Privacy Act 1988 (Cth).

RMBS means residential mortgage-backed security.

us and we means Resimac Limited.

Use, in connection with the Data, includes the activity or action of accessing, collecting, downloading, importing, storing, analysing, copying, maintaining, processing or re-formatting or re-ordering that Data (and also includes adding to or removing Data in or from any medium).

Website means the RESIMAC Website which may be owned or controlled by us or our agent or service provider from time to time.


The RMBS Terms & Conditions was last updated in November 2015.