Terms & Conditions

01About these terms

These Terms & Conditions (Terms) govern access to and use of the DBA AML platform at app.dbaaml.com and related services (the Platform) provided by DBA AML Group Pty Ltd (ABN [ABN]) (DBA AML, we, us), a division of DBA Advisory. By creating an account, accepting an order or proposal that references these Terms, or using the Platform, the subscribing business (Subscriber, you) agrees to them. If an individual accepts on behalf of a business, they warrant they are authorised to bind it.

The Platform is provided to businesses for business purposes. These Terms are supplemented by our Privacy Policy and, where applicable, a separate engagement for outsourced compliance officer services (section 8).

02The Platform

The Platform is a regulatory client onboarding, compliance and lifecycle management system for businesses regulated under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Its capabilities include risk assessment, AML/CTF program generation and governance, client onboarding across entity types, identity and business verification, PEP, sanctions and adverse-media screening, matter-level customer due diligence, transaction recording and threshold reporting workflows, unusual-activity and suspicious-matter workflows, reliance arrangements, training, reporting and audit trails.

We may improve, add to or modify Platform features on an ongoing basis. Material reductions in core functionality during a paid term will be notified in advance.

03Accounts, users and security

You are responsible for the accuracy of your account information, for who you authorise as users, and for the roles you assign them on the Platform.
Sign-in credentials (including social sign-in through Google or Microsoft) are personal to each user and must not be shared.
You must notify us promptly of any suspected unauthorised access. We may suspend credentials we reasonably believe are compromised.
Actions taken under a user’s credentials are attributed to that user and to you; the Platform’s audit trail is the record of those actions.

04Acceptable use

You must not, and must ensure your users do not:

use the Platform other than for lawful business compliance purposes;
submit information you are not entitled to hold, or verify a person’s identity without a lawful basis and (where required) that person’s consent — including consent for biometric verification;
attempt to probe, breach, reverse-engineer or interfere with the Platform, its security or its tenant isolation;
use verification, screening or any data source for surveillance, harassment, discrimination or any purpose unrelated to compliance;
resell or provide access to the Platform to third parties except as agreed in writing;
introduce malicious code or place unreasonable load on the service.

05Your compliance responsibility

The obligation is yours; the Platform is your instrument. You remain solely responsible for your compliance with the AML/CTF Act, the AML/CTF Rules and every other law that applies to you — including the content and adequacy of your risk assessment and program, the decisions your officers record, and the reports your business must make. The Platform structures, evidences and streamlines that work; it does not assume it.

The Platform, its generated documents and any guidance within it (including from the drlo assistant) are not legal advice, and no solicitor–client, accountant–client or fiduciary relationship is created by your use of the Platform. Obtain professional advice where your circumstances require it.

06Verification, screening and third-party data

Identity verification, business-register checks and screening rely on third-party and official data sources. We select reputable providers and pass results through faithfully, but we do not control and cannot guarantee the completeness, currency or accuracy of external data sources or registers.
Verification and screening outcomes are inputs to your decisions, not decisions themselves; a human retains responsibility for accepting, rejecting or escalating any result.
Verification services may be conducted to recognised standards, including the ARNECC verification-of-identity framework where relevant; conducting a check does not itself discharge any obligation that requires your judgement.
Per-check usage is billed as set out in section 9.

07Data: yours, ours and your clients’

Your data is yours. You own the information you and your users enter and the compliance records generated for you. You grant us a licence to host, process, transmit and display it as needed to provide the Platform and services, to comply with law, and — in de-identified, aggregated form — to improve the service.
You warrant your lawful basis. You are the collector of your clients’ information and you warrant you have the rights, notices and consents required for us to process it on your behalf — including express consent for biometric verification of individuals.
Privacy. Our handling of personal information is described in the Privacy Policy, which forms part of these Terms.
Confidentiality. Each party must keep the other’s confidential information confidential and use it only for the purposes of these Terms, except where disclosure is required by law or regulator.

08Outsourced compliance officer services

Where DBA AML provides outsourced AML/CTF compliance officer services, those services are governed by a separate written engagement that identifies the appointed officer, scope, reporting lines and fees. These Terms govern the Platform on which those services are performed; if the engagement and these Terms conflict in relation to those services, the engagement prevails.

09Fees, billing and taxes

Fees comprise (a) a monthly platform subscription, (b) per-user charges, (c) per-business-entity charges, and (d) per-check verification usage, each at the rates in your order, proposal or the published pricing applying to your account, plus any separately agreed service fees.
Fees are billed in Australian dollars, monthly in advance for subscriptions and in arrears for usage, and are payable by the due date on the invoice. Usage is itemised in the Platform and reconciles against your Billing & Usage reporting.
Prices may change on at least 30 days’ notice, effective from your next billing cycle.
Amounts are exclusive of GST unless stated; you are responsible for applicable taxes other than our income tax.
We may suspend access for amounts overdue after notice; statutory records remain retained (section 11) during any suspension.

10Availability, support and changes

We operate the Platform with the care of a provider whose own compliance practice runs on it. We target high availability but do not promise uninterrupted service; maintenance windows and matters beyond our reasonable control (section 15) may affect access. Support is provided during Sydney (AEST/AEDT) business hours through the contacts in your engagement. Release notes for changes are published in-platform.

11Statutory records, export and deletion

Records created for your compliance program are subject to statutory retention (generally seven years under the AML/CTF Act). We retain them accordingly — including after termination — unless and until you lawfully take custody of them and instruct deletion consistent with law.
On request during your subscription, and for a period of 60 days after termination, we will make your records available for export in reasonable formats.
Deletion requests cannot override retention required by law; where deletion is not lawful, records are archived with restricted access instead.

12Intellectual property

We (and our licensors) own the Platform, its software, designs, templates, content libraries and branding. You receive a non-exclusive, non-transferable right to use them through the Platform for your internal business purposes during your subscription. Documents generated for you (your risk assessment, your program, your reports) are yours to use for your compliance purposes; the underlying templates and engines remain ours. Feedback you give us may be used to improve the service without obligation.

13Warranties and the Australian Consumer Law

To the maximum extent permitted by law, the Platform is provided “as available” and we exclude all implied warranties. Nothing in these Terms excludes, restricts or modifies any consumer guarantee or right under the Competition and Consumer Act 2010 (Cth) or other law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the services or paying the cost of re-supply.

14Liability and indemnity

Subject to section 13, neither party is liable for indirect or consequential loss, loss of profits, revenue, goodwill or anticipated savings.
Subject to section 13, our total aggregate liability arising out of or in connection with these Terms in any 12-month period is limited to the fees paid by you for the Platform in that period.
Nothing limits liability for fraud, wilful misconduct, or a party’s breach of confidentiality obligations.
You indemnify us against third-party claims arising from your breach of section 4 (acceptable use) or section 7 (your warranty of lawful basis), except to the extent we caused the loss.
We each carry appropriate insurance for our respective obligations.

15Suspension, termination and force majeure

Either party may terminate for material breach not remedied within 14 days of notice, or immediately on the other’s insolvency.
You may cancel your subscription effective at the end of a billing period; fees paid are not refundable except as law requires.
We may suspend access immediately where reasonably necessary for security, legal compliance or non-payment (after notice).
On termination: access ends, export rights in section 11 apply, statutory retention continues, and accrued rights survive. Sections 5, 7, 11–16 survive termination.
Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate.

16General

Governing law: these Terms are governed by the laws of New South Wales, and the parties submit to the exclusive jurisdiction of its courts and Australian federal courts.
Notices: formal notices are to be sent by email to admin@dbaaml.com (to us) and to your account’s administrator email (to you), and are taken to be received one business day after sending.
Assignment: you may not assign these Terms without our consent (not to be unreasonably withheld); we may assign to a related body corporate or in a business sale with notice.
Variation: we may update these Terms on 30 days’ notice through the Platform; continued use after the effective date is acceptance. Material changes during a fixed engagement do not apply to that engagement without your agreement.
Entire agreement & severance: these Terms, the Privacy Policy and your order or engagement are the entire agreement; an unenforceable provision is severed to the minimum extent necessary.
Contact: DBA AML Group Pty Ltd, a division of DBA Advisory — hello@dbaaml.com — G01/38A Cumberland St, The Rocks NSW 2000.