Credit Sense End User Terms
Effective from May 2015
IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS
On acceptance of these Terms and Conditions the Agreement will be finalised and the following provisions shall apply to the relationship between you and the Company.
These Terms and Conditions ("Agreement") constitute a legally binding agreement between the end user ("you") and Credit Sense Australia Pty Ltd ACN 163 577 768 ("Company").
The purpose of this Agreement is to regulate the legal relationship between you and the Company in relation to your use of the Service (defined below).
The parties hereby agree as follows:
- "Aggregated Data" means Customer Data and usage information that has been stripped of all personally identifiable information.
- "Customer Data" means a Customer's account information, account access information and registration information, as provided by you or as you have consented to the Company obtaining or accessing under this Agreement which shall include but not be limited to Centrelink online account registration and access information.
- "Service(s)" means the provision of your Customer Data by the Company to a credit provider to enable assessment by the credit provider of your financial circumstances.
- The Company will provide the Services.
- To enable the Company to provide the Services:
- Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- Proprietary Rights. You may not copy, reproduce, distribute, or create derivative works from the Service however those may be obtained. Further, you agree not to reverse engineer or reverse compile any of the Service technology, including but not limited to, any Java applets associated with the Service.
- Content You Provide. By entering into this Agreement you are licensing to the Company and its service providers ("Service Provider"), any information, data, passwords, materials or other content (collectively, "Content") you provide through or to the Service. The Company and the Service Provider may use, modify, display, distribute and create new material using such Content to provide the service to you or on your behalf to credit providers. By submitting Content, you automatically agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, the Company and the Service Provider may use the Content for the purposes set out above. As between the Company and any Service Provider, the Company owns your confidential account information.
- Third Party Accounts. By using the Service, you authorise the Company and any Service Provider to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant the Company and any Service Provider a limited power of attorney, and you hereby appoint the Company and any Service Provider as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY OR ANY SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, THE COMPANY AND ANY SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you. You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service.
3. Disclaimer of warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ANY SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- THE COMPANY AND ANY SERVICE PROVIDER MAKE NO WARRANTY THAT: - THE SERVICE WILL MEET YOUR REQUIREMENTS; - THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; - THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; - THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR - ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
4. Limitation of liability
YOU AGREE THAT NEITHER THE COMPANY OR ANY SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARM, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES;
- ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE;
- THE USE, INABILITY TO USE, UNAUTHORISED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
- You agree to protect and fully compensate the Company and any Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors fees) caused by or arising from your use of the service, your violation of the terms of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
- You agree that any Service Provider is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if that Service Provider were a party to this Agreement.
6. Protected information
- Permitted Uses of Customer Data. The Company and any Service Provider may: (a) use Customer Data internally to provide and improve the Services; (b) to the extent permitted by law, use, sell, license, distribute and disclose Aggregated Data; (c) to perform fraud screening, verify identities, and verify information. The Company and any Service Provider who has access to Customer Data will not disclose Customer Data to any third party other than Aggregated Data.
- Assignment. The Company may assign or delegate this Agreement or any of its rights or duties hereunder, directly or indirectly without your consent. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns.
- Jurisdiction. This Agreement shall be governed by the laws of the State of Queensland.
- Notices, etc. Any notice, notification, demand or request provided or permitted to be given under this Agreement must be in writing and will have been deemed to have been properly given, unless explicitly stated otherwise, if sent by (i) overnight courier (signature required), (ii) registered or certified mail, postage prepaid, return receipt requested, (iii) facsimile with receipt of a "Transmission OK" acknowledgment confirmation during normal business hours to the place of business of the recipient, or (iv) personal delivery with a signed receipt. In the case delivery by facsimile the notice must be followed by a copy of the notice being delivered by a means provided in clauses (i), (ii) or (iv). All notices, notifications, demands or requests so given will be deemed given and received (A) if mailed, two (2) days after being deposited in the mail, (B) if sent via overnight courier, the next business day after being deposited, (C) if facsimiled, the next business day after being sent by facsimile, and (D) if personally delivered, when delivered.
The address for notices to Company is:
c/- JHK Legal
Level 15, 241 Adelaide Street
Brisbane QLD 4000
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.