TERMS AND CONDITIONS

You are dealing with Equifax. You are sending your personal information to Equifax Australia Information Services and Solutions Pty Limited (ABN 26 000 602 862) ("Equifax") to obtain one or more of Equifax’s services to consumers. Equifax agrees to provide the Services to you on the following Terms and Conditions.

Definitions

The following definitions apply to these Terms and Conditions:

Credit File means the record of credit activity provided by Equifax for individuals and businesses and includes your credit information file, where applicable.

Personal Information means personal information as defined in the Privacy Act.

Service means the provision on request of an Equifax Score band by us to you at this Website or any other services offered and provided by us and described as a service on our Website as amended from time to time.

Equifax Score means a ranking of a business based on its credit file to help that business understand its credit ranking against other Australian businesses.

Equifax Score band means a range (determined by Equifax and described at the Website) of Equifax Scores in which your Equifax Score falls, but which, for clarity, is not your Equifax Score or your credit file.

Website means the Equifax website at https://www.getbusinesscreditscore.com.au

Compliance with privacy and other laws

1. The provision of the Services involves dealing with your personal information including credit reporting information. You acknowledge and agree that:

1. you are sending us your own personal information only;
2. you are providing accurate, up to date, complete and not misleading information;
3. the Privacy Act provides a $30,000 penalty for obtaining by false pretence access to an individual’s credit information file in the possession of a credit reporting agency;
4. you access the Services for your own use only; and
5. you agree you will not share your or access with anyone else.

2. Subject to certain exemptions, you have a right to access personal information that we hold about you. Please note that under the Credit Reporting Code of Conduct, you may be entitled to access your credit information file without a fee.
3. You acknowledge that the Equifax Score band in which your Equifax Score falls is based on your credit file which in turn is based on information provided to Equifax by credit providers and others in accordance with the Privacy Act 1988. Equifax does not independently check the information supplied to it and Equifax does not guarantee the accuracy of that information. You have rights to correct your credit file in accordance with the Privacy Act.
4. By requesting an Equifax Score band, you are not changing any of the existing rights and obligations as these relate to credit providers and credit reporting agencies respectively or any other third party. These remain governed by the Privacy Act and are not incorporated expressly or impliedly into these terms and conditions.
5. Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to those statutory provisions.
6. To the extent permitted by law, we and our third party data and service providers exclude all express or implied representations, guarantees, conditions, warranties and terms relating to the supply of the Services that apply under or are implied by statute, custom, law or otherwise, except those set out in these terms and conditions.
7. If in our supply of the Services we are liable for a breach of any guarantee, warranty, condition or other term that cannot by law be excluded, our liability for breach of any such guarantee, warranty, condition or other term to the re-supply of the Services or payment of the cost of same.
8. To the extent permitted by law, we and our third party data and service providers are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, or other indirect, consequential or incidental loss or damage) which arises or might arise if it were not for this clause.
9. If you are dissatisfied and that dissatisfaction is, in Equifax’s opinion based on objective evidence is well founded, Equifax will refund the price paid for the report.

Proof of Identity

10. As we are dealing with personal information, Equifax takes reasonable steps to satisfy itself that all personal information it discloses goes to the correct person. Additionally, under section 1.10 of the Credit Reporting Code of Conduct we are required to obtain such evidence as is reasonable in the circumstances to satisfy ourselves as to your identity. Accordingly, Equifax may make enquiries to help satisfy itself that you are who you say you are. Equifax may provide you with an option to self-verify using your Passport details and/or your Medicare details. The decision whether or not to self-verify remains yours. If the information you provide Equifax does not meet Equifax’s current security requirements Equifax may contact you and ask you to provide additional documentation to prove your identity. If you do not provide sufficient information and/or Equifax is not satisfied that you have proved your identity, Equifax may refuse to supply you with any part or the whole of the Service. In the event that you have already paid anything for any Service a refund will be provided in whole or in part as the case may be.
11. Equifax and its related companies may, at any time, use and disclose your personal information to:

1. Manage the provision of reports and related services
2. Monitor traffic on the Website
3. Undertake data management for quality related purposes
4. Investigate any complaint made by you or on your behalf, either privately or by a relevant regulator or law enforcement agency.
5. Enrich data sources owned or affiliated with the Equifax Australia Group of companies.

12. Equifax’s third party data and service providers may use and disclose your personal information for the purposes of providing those of their products to you that form part of the Services.

Direct Marketing Consents

13. Equifax and its related companies may, at any time, use your personal information for marketing purposes and send you information about Equifax or its related companies’ products or services. This will include promotional material including but not limited to communications of the following kind:

1. Newsletters
2. Competitions
3. Surveys
4. Promotions on existing or new products
5. Other, if any

14. Equifax may do so by using a variety of means including:

1. electronic means such as emails, SMS, MMS or similar devices
2. hardcopy to your nominated address
3. subject to Do Not Call Register, by calling you.

15. Equifax and its related companies may, at any time, disclose your information to their partners and clients for marketing purposes. They may send you marketing information similar to the above. We may present you with marketing information from them based on information that you have supplied to us. If in using the Service you elect to access the website of a related company or a partner or client, your access to that website and to any products or services at that site is subject to the terms and conditions applicable to that site and those products and services and not these Terms and Conditions.
16. Equifax and its related companies may, at any time, update your Equifax Score or Equifax Score Band and provide the updated results to () or 's business partners for marketing purposes. Based on the information you have supplied us and your corresponding Equifax Score Band, Equifax and its related companies or or 's business partners may send you marketing information from time to time.
17. In doing so, Equifax will be expressly relying on the consent that you have provided on the website when you subscribed to the Service. At all times you are free to choose not to receive some or all of the marketing communications sent by Equifax or on Equifax’s behalf. In order to exercise that choice you need to communicate that to:
    Equifax
    PO BOX 964
    NORTH SYDNEY NSW 2059
    Or call us on 13 8332
    
    To elect not to receive communications from , you should use the unsubscribe facility in those communications and as otherwise advised by or at any time by email to veda@service-now.com
    
    
18. In doing so, Equifax may disclose any of this information to its related bodies corporate or service providers or to or its related bodies corporate where such disclosure is required to conduct the marketing and related commercial activities set out above.

Communication

19. All product related information will be communicated to you via electronic communication.

IP Rights and Use of Information

20. Equifax has copyright and other rights in the compilation of the information Equifax uses to supply the Services and Equifax grants you a non-exclusive licence to access the Service for your own personal use.

Governing Law

21. These terms and conditions are governed by the laws of New South Wales and both Equifax and you submit to the non-exclusive jurisdiction of the courts of that state.

Force Majeure

22. Neither party will be liable for any failure to comply with these Terms and Conditions or any agreement with you to which these Terms and Conditions relate if, and to the extent that, that failure is caused by an act, omission or event beyond reasonable control. In any such event, the time for performance of obligations under these Terms and Conditions will be extended by the same period or periods for which performance is delayed. Whoever of us is affected will use their best endeavours to avoid or remove such causes of non-performance.

Identity details

23. For security and related reasons you must provide us with an up-to-date and a valid email address. If for any reasons you change your email address you must notify us of that change immediately. This is essential for you to receive notification of reports and alerts. You can do this by contacting Equifax on 13 8332.

Eligibility

24. To access the Services you must:

1. permanently reside in; and
2. have a postal and residential address in Australia; and
3. agree to be bound by these Terms and Conditions.

Online Service

25. You may view, manage and update your information through the online service on our Website ("Online Service"). You will be provided with a password for login purposes. You must keep your login details secure.
26. We do not warrant that the Online Service will be fault free or available without interruption and, to the extent permitted by law, exclude all representations and warranties in relation to the Online Service.

Breach

27. We may suspend or refuse Service to you if in our reasonable opinion you are in breach of any of these Terms and Conditions or of the Privacy Act 1988.

Varying these Terms and Conditions

28. We reserve the right to amend these Terms and Conditions at any time by giving at least 14 days’ notice on our Website.
29. If you do not agree to be bound by the varied Terms and Conditions you must not use the Service. If you continue to use the Service, you agree to be bound by the Terms and Conditions as varied.

General Provisions

30. These Terms and Conditions constitute the entire agreement between us as to its subject matter and supersede all prior understandings or agreements between us and any prior condition, warranty, indemnity or representation imposed, given or made by either of us in connection with that subject matter.
31. The failure of either party at any time to insist on performance of any provision of these Terms and Conditions or to fail to exercise a right under these Terms and Conditions is not a waiver of that party's right at any later time to insist on performance of that or any other provision of these Terms and Conditions or to exercise that or any other right under these Terms and Conditions.
32. No term in these Terms and Conditions shall be regarded as having been waived by a party and no breach shall be taken to have been excused by the consent of a party unless the waiver or consent was signed by the party claiming to have waived or consented.
33. If any provision in these Terms and Conditions is determined to be invalid or unenforceable it will be severed, however, the other provisions shall remain in full force and effect.
34. The limitations and exclusions stated in these Terms and Conditions are only intended to operate to the extent permitted by law. Save as expressly set out in these Terms and Conditions, we will not be liable to you for any special, indirect or consequential loss or damage resulting from, or caused or contributed to by, any of our acts or omissions.