Consumer Terms and Conditions
End User Terms and Conditions of Use
Important – Read Carefully Before Accepting These Terms and Conditions
These Terms and Conditions (“Agreement”) constitute a legally binding agreement between the End User (an individual consumer or other entity that uses the Services, “You”, “Your” or “End User”) and Credit Sense Australia Pty Ltd ACN 163 577 768 (“Credit Sense” or “Us”, “Our” or “We”).
The parties hereby agree as follows:
1. Definition
1.1 “Aggregated Data” means End User Data that has been stripped of all personally identifiable information.
1.2 “Application” means the online application We use to provide You with the Services.
1.3 “Authentication Data” means any login, password or other authentication information for Third Party Accounts that You share with Us so We can provide You with Services.
1.4 “Third Party Account” means any third party website or other data storage facility You connect to the Application.
1.5 “Complaint” means an expression of dissatisfaction made to Credit Sense, related to Our Services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly implied.
1.6 “Customer Support Functionality” is the functionality contained within the Application which allows You to contact Us in respect of any customer service inquiries related to the Services.
1.7 “Contractor” means any third party who provides Us services for Us to provide and/or improve the Services or develop new Services. We are responsible for the actions of Our Contractors. We implement processes and controls to ensure Our Contractors comply with relevant legislation (including privacy legislation) and have sufficient data security and other practices and controls in place to protect Your information.
1.8 “End User Data” means an End User’s account transaction information, account information, materials or other content, Authentication Data, and any related information provided by You or as You have consented to Us creating, or obtaining or accessing from Third Party Accounts required to provide You with Services.
1.9 “Fee” means the fee You pay to Us in the currency set out in the Application when You Subscribe for the Service(s) in exchange for the Service(s), for the Term.
1.10 “Intellectual Property” means rights of publicity, trademarks, service marks, logos, designs, trade secrets and all other intellectual property embodied by or contained in the Application or by way of the Service(s).
1.11 “Service(s)” means any service We may provide to You from time to time, which may include (but is not limited to):
(a) the use of any product set out in the Application;
(b) the storage, usage, access to and maintenance of Your End User Data;
(c) the maintenance of Your connected Third Party Accounts; and,
(d) any other Services We provide You which You consent to and authorise.
1.12 “Subscribe” means to agree to receive Service(s) and pay the specified Fee for those Service(s) for the Term.
1.13 “Subscription” refers to a Service to which You have Subscribed.
1.14 “Working Day” means a day (other than a Saturday, Sunday or public holiday) on which registered banks are open for business in Sydney, Australia.
1.15 “Term” means the length of time You Subscribe to Service(s) which are set out in the Application at the time You Subscribe to those Service(s).
2. Services
2.1 To enable Us to provide the Services:
(a) Provide Accurate Information. You agree to provide access to true, accurate current and complete End User Data and information about Yourself and Your Third Party Accounts and You agree to not misrepresent Your identity or Your End User Data. You agree to keep Your Third Party Account information up to date and accurate.
(b) Consent to Maintain Authentication Data. You consent to and authorise Us to maintain Your Authentication Data for Third Party Accounts You connect to the Application.
(c) Data Licence. By entering into this Agreement, You are licensing use and access to Us and Our Contractor(s) of any End User Data You provide through or to Us as set out in section 10.1, 10.2, and as follows:
i. Credit Sense and the Contractor(s) may use, modify, display, distribute and create new material using Your End User Data to provide the Services to You;
ii. Credit Sense and the Contractor(s) may use Your End User Data to improve existing Services and create new Services;
iii. By submitting End User Data, You automatically agree, or promise that the owner of such End User Data has expressly agreed that, without any particular time limit, and without the payment of any fees, We and the Contractor(s) may use the End User Data for the purposes set out above.
As between Credit Sense and any Contractor, Credit Sense controls the End User Data You provide through or to Us.
(d) Third Party Accounts. By using the Service, You consent and authorise Us and any Contractor to use Your Authentication Data to access Third Party Accounts You connect to the Application on Your behalf, to retrieve Your End User Data. For the express and limited purposes set out in this clause, You hereby grant Us and any Contractor a limited power of attorney. This power of attorney provides us and our Contractors with full power in Your name, place and stead, in any and all capacities, to (i) access Third Party Accounts, servers or documents, (ii) retrieve information, and (iii) use Your End User Data. This provides us with the authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities. You acknowledge and agree that when We or any Contractor access and retrieve information from Third Party Accounts, We and any Contractor are acting as Your attorney 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 power of attorney granted by You. You understand and agree that the Services are not endorsed or sponsored by any Third Party Account providers accessible through the Services.
3. Security
3.1 Email Security. You agree that We may authenticate You via Your email address and You represent to Us that the email address You provide is secure, and is not used by any party other than You. You further agree and represent to Us that You understand that any access to Your email by a person other than You may give rise to access to Your End User Data.
3.2 Device Security. You agree to Us using Your device to authenticate You (by using the “Remember me” option during the email authentication process, or any other method We provide), You represent to Us that the device You use is secure, and is not used by or accessible to any party other than You. You further agree and represent to Us that You understand that any access to that device by a person other than You may give rise to access to Your End User Data.
3.3 Unauthorised Use. You must notify Us immediately using the Customer Support Functionality in the Application if You become aware that there has been unauthorised use or access to Your email (pursuant to clause 3.1) or device (pursuant to clause 3.2).
3.4 Payment Card Details. We use Stripe as Our Contractor to obtain payment of the Fee. We do not have access to and do not maintain Your payment card details, and all handling, storage and processing of Your payment card details is managed by Stripe. Stripe is Payment Card Industry (PCI) certified to PCI Service Provider Level 1 and You can access information about Stripe’s PCI compliance and security here. Though We do not maintain Your payment information, We take the protection of Your information (including payment information) seriously. Despite this, We encourage You to take responsibility for securing Your personal information (knowing that You provide it at Your own risk). If You have reason to believe that Your payment information has been compromised, You must immediately notify Your bank and Stripe’s Data Protection Officer via [email protected].
4. Contact
4.1 You can contact Us at any time using the Customer Support Functionality within the Application. Any telephone number provided on Our website is not available for End Users of the Services, and End Users will be directed to the Customer Support Functionality within the Application.
4.2 Your Notice. Any notice, notification, demand or request provided or permitted to be given under this Agreement by You must be in writing and will have been deemed to have been properly given, unless explicitly stated otherwise, 24 hours after the notice has been given within the Application or by the Customer Support Functionality.
4.3 Our Notice. Any notice, notification, demand or request provided or permitted to be given under this Agreement by Us must be in writing and will have been deemed to have been properly given, unless explicitly stated otherwise, 24 hours after the notice has been given either within the Application or by email. You acknowledge and agree that “notifications” in the Application will be given by Us in respect of any notice required under this Agreement, including in respect of any variation to the terms of this Agreement
5. Proprietary Rights
5.1 You may not copy, reproduce, distribute, create derivative works from the Services, however those derivative works may be obtained.
5.2 You agree not to reverse engineer or reverse compile any of the technology associated with the Services.
5.3 You agree and acknowledge that We own all right, title and interest in the Intellectual Property and You may not use the Intellectual Property in any way other than as expressly authorised by Us.
6. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
6.1 To the maximum extent permissible under law, and in particular without prejudice to Your rights pursuant to the Competition and Consumer Act 2010 (Cth) and applicable State fair trading legislation:
(a) Your use of the Services and all information, products and other content (including that of third parties) included in or accessible from the Services is at Your sole risk. The Services are provided on an “as is” and “as available” basis. We and Our Contractor(s) expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) included or accessible from the Services, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) By providing information (including End User Data and use of email and device authentication options) to Us for the purposes of using the Services, You may be in breach of Your bank or other contractor policies. We do not give any indemnity for any breach You may or may not be considered to have made.
(c) We and any Contractor make no warranty that:
i. The Services will meet Your requirements;
ii. The Services will be uninterrupted, timely, secure, or error free;
iii. The results that may be obtained from the use of the Services will be accurate or reliable;
iv. The quality of any products, Services, information, or other material purchased or obtained by You through the Service will meet Your expectations
v. Any errors in the technology will be corrected
6.2 Any provision of an email address for authentication is at Your own risk and You warrant that You are the only person with access to that email address.
6.3 Any use of a device for authentication is at Your own risk and You warrant that You are the only party with access to the device You use to authenticate with Us.
6.4 Any material downloaded or otherwise obtained through the use of the Services 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 Us or any Contractor through or from the Services will create any warranty not expressly stated in these terms.
7. Limitation of Liability
7.1 To the maximum extent permissible under law, and in particular without prejudice to Your rights pursuant to the Competition and Consumer Act 2010 (Cth) and applicable State fair trading legislation, You agree that neither Us nor any Contractor nor affiliate will be liable for any harm, which is 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 Credit Sense or a Contractor has been advised of the possibility of such damages, resulting from:
(a) The use or the inability to use the Services;
(b) The authentication or any access to End User Data resulting from successful authentication via an email address You provided or a device You used and consented to Us using to authenticate You;
(c) The cost of getting substitute goods and services;
(d) Any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the Services;
(e) Unauthorised access to or alteration of Your transmissions or data;
(f) Statements or conduct of anyone in relation to the Services;
(g) The use, inability to use, unauthorised use, performance or non-performance of any Third Party Account provider site; or
(h) Any other matter relating to the Services.
7.2 This clause does not apply where the loss is caused by Our negligence, fraud or willful misconduct.
8. Indemnification
8.1 You agree to protect and fully compensate Us and any Contractor 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 Services, Your breach of the terms of this Agreement or Your infringement, or infringement by any other user of Your account, of any intellectual property (including the Intellectual Property) or other right of anyone.
8.2 You agree that any Contractor is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if that Contractor were a party to this Agreement.
8.3 This clause does not apply where the loss is caused by Our negligence, fraud or willful misconduct.
9. Authority, Cancellation and Renewal
9.1 You may withdraw authority and consent. You may withdraw Your authority and consent for Us to use Your Authentication Data by using the consent management functionality within the Application, or by disconnecting Your Third Party Accounts. You acknowledge that We are not liable for any loss suffered by You as a result of Your withdrawal of authority and consent, and that such withdrawal by You will:
(a) Result in Us permanently deleting Your Authentication Data;
(b) Affect Our ability to provide You with Services; and,
(c) Will not result in a refund of any Fee for any Services to which You have Subscribed.
9.2 You may cancel. You may cancel Services to which You have Subscribed at any time using the Subscription cancellation process in the Application. You acknowledge that, subject to clause 9.4, if You cancel Services to which You have Subscribed prior to the end of their Term, You accept that You will be and remain liable for the whole of the Fee for the Subscription for the Term.
9.3 We may cancel. We may cancel the Services to which You have Subscribed if You breach these terms (in Our determination) or if You advise of unauthorised access in accordance with clause 3.3.
9.4 Money Back Guarantee. Despite clause 9.2, if You cancel the Services to which You have Subscribed within 30 days of Subscribing, We agree to refund You the whole of the Fee without limitation.
9.5 Renewal of Services. Subscriptions to Services will automatically renew at the end of their Term unless You cancel them prior to the renewal date. You will receive a Notification in respect of the renewal reminding You of same at least 7 days prior to the renewal date if the Term is one (1) calendar year.
10. Privacy
10.1 Privacy Policy
(a) Credit Sense’s privacy policy (available at Australia: https://creditsense.com.au/privacy-policy, New Zealand: www.creditsense.co.nz/privacy-policy/, Canada: www.creditsenseonline.com/privacy-policy/) shall, together with these Terms and Conditions of Use, govern the use of any Personal Information provided by You in relation to the Services.
(b) We use Stripe for payment, analytics, and other business services, in this Agreement Stripe is a Contractor. Stripe collects and processes personal data, including identifying information about the devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection and prevention. You can learn more about Stripe and its processing activities via privacy policy at https://stripe.com/privacy.
(c) We use Microsoft products to analyse how End Users interact with Our website to improve Our Services and develop new Services. Microsoft may collect or receive Personal Information about End Users who visit Our website to provide Microsoft advertising. You can learn more about how Microsoft manages Personal Information via their privacy statement at https://privacy.microsoft.com/en-us/privacystatement.
10.2 Permitted Use of End User Data and Aggregated Data:
(a) We will only use Your End User Data as set out in 2.1(c) and to:
i. provide and improve the Services, including verifying Your information to prevent fraud;
ii. for Our internal business purposes to improve the Services or to create new Services;
iii. share with Contractors for the purposes of 10.2(a)(i) – (ii).
(b) We will not disclose Your End User Data to any third parties who are not Contractors that need access to fulfil their duties.
(c) To the extent permitted by law, We may use, sell, license, distribute and disclose Aggregated Data.
11. Website Terms
11.1 If You use Our website to access the Application or any Services, Our website terms and conditions will apply: https://www.creditsense.com.au/terms-conditions/.
12. Refund and Dispute Policy
12.1 Except as set out at clause 9.4, You will not be eligible for a refund of a Fee for any cancellation.
12.2 If You make a Complaint, You must do so through Our Customer Support Functionality available in the Application.
12.3 The Credit Sense compliance officer will be responsible for making Complaint determinations. Further, if You make a Complaint:
(a) The compliance officer will provide a written acknowledgement of the Complaint within 1 business day of receipt;
(b) The compliance officer will provide a written determination to You within 30 days from the date of the acknowledgement letter.
(c) Our determination may include a refund of the Fee, but may not. You must not assume any Complaint will result in a particular outcome (including but not limited to refund of the Fee). If it is Our determination that a refund of the Fee is appropriate, We will refund it in the same manner as set out at clause 9.4.
(d) If Your Complaint relates to a privacy matter and You are dissatisfied with the Complaint determination, You may escalate the matter to:
a. In Australia
i. Our external dispute resolution service the Australian Financial Complaints Authority (AFCA) at GPO Box 3 Melbourne VIC 3001, membership number 46523; or
ii. The Office of the Australian Information Commissioner; or
iii. For non-privacy related complaints, the Australian Competition and Consumer Commission (ACCC).
b. In New Zealand
i. Our external dispute resolution scheme Financial Services Complaints Limited (FSCL) at PO Box 5967 Wellington 6145, membership number 6678; or
ii. The New Zealand Privacy Commissioner, or
iii. For non-privacy related complaints, the Commerce Commission New Zealand.
c. In Canada
i. The Office of the Privacy Commissioner of Canada; or
ii. For non-privacy related complaints, the appropriate local, provincial or territorial consumer affairs office, or if You are a resident of the province of Saskatchewan, the Financial and Consumer Affairs Authority (FCAA) online disputes service.
13. Fair Use
13.1 You should be able to use and get value from Our Services. We also believe that there should be certain rules on how Our Services are used to ensure:
(a) We protect the safety and rights of people and other End Users;
(b) The safeguard of the quality and accessibility of Our Services for all End Users.
13.2 You must not use Our Services to, or as part of:
(a) Promoting or threatening violence towards anyone;
(b) Abusing or harassing anyone including making offensive, misleading or menacing comments;
(c) Encouraging hate in any way or make racist, sexist or discriminatory comments;
(d) Creating a risk to the health, safety or security of any person.
13.3 You must not use Our Services for or in connection with anything illegal or unlawful. This includes, but is not limited to:
(a) Providing us with false information;
(b) Gaining improper or unlawful access to someone else’s information;
(c) Transmission or storage of data that infringes Australian laws, including viruses or malware;
(d) Contravention of any applicable laws, including infringing Intellectual Property or copyright laws.
13.4 You must not use Our Services for anything that might adversely affect Credit Sense’s Services, reputation or other End Users. This includes, but is not limited to:
(a) Using Our Services in a way which is unreasonable, unacceptable or exceeds ordinary use;
(b) Resupplying Our Services to others;
(c) Using Our Services for other than their intended purpose;
(d) Using Our Services in a way that causes or may cause sub-optimal performance for other End Users.
13.5 You must not undertake or attempt to undertake the following activities:
(a) Disabling, disrupting or interfering with Our Services in any way;
(b) Probing, scanning or testing the vulnerability of Our Services, a system or network;
(c) Breaching the security or authentication measures for Our Service, network or any system.
13.6 If we think Your use of Our Services breaches Our fair use provisions, You agree that We can, without notifying you:
(a) Investigate the breach with or without contacting you;
(b) Restrict Your access to Our Services;
(c) Suspend or cancel your Services;
(d) If we thing you have broken the law, we will report you to the police and give them your personal information.
14. Acceptance of Terms
14.1 By accepting these terms and conditions in a way We require (either within the Application or otherwise), You agree to be bound by these terms and conditions.
14.2 If We vary these terms and conditions, You will be notified in accordance with clause 4 and will be bound by the varied terms and conditions 24 hours after that notification has been issued by Us.
15. Miscellaneous
15.1 Assignment. We may assign any of Our rights or obligations under this Agreement without Your consent.
15.2 Entire Agreement. These Terms and Conditions comprise the entire agreement between us.
15.3 Laws and Jurisdiction. This Agreement shall be governed by the laws of Queensland, Australia and the courts of Queensland (and those courts who may hear appeals from them) shall have jurisdiction.
15.4 Severability. 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.