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CREDIT SIMPLE TERMS OF USE
Last updated September 2020
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You are bound by these Terms of Use (including our Privacy Policy and
Disclaimer) each time you create an account and browse the Credit Simple
Website, download and use the Credit Simple App or use any of our Services.
These Terms of Use may be updated from time to time in accordance with clause
11.1. Capitalised terms have the meaning given in the main body of these Terms
of Use, or in clause 19.
1. Services
* 1.1 We provide you with the following services (together, the Services):
* (a) access to your personal credit score and other credit information
about you from a Credit Reporting Body (Personal Credit Information) on
the Website or App;
* (b) if you are a director of a registered company incorporated in the
Territory, access to credit scores and other credit information
relating to that company (Business Credit Information), from a Credit
Reporting Body using Credit Simple for Business on the Website;
* (c) access to information and offers from providers of goods and
services, including credit providers (together Providers) on the
Website and App;
* (d) access to your Bank accounts in one place, when you use Money
Simple on the Website or App– see section 4 below;
* (e) insights and information about your credit rating; and
* (f) email address monitoring and associated services on the Website;
and
* (g) information and updates about promotions and competitions, and
other products and services.
* 1.2 If you access your:
* (a) Personal Credit Information, you will also receive updates and
alerts about your Personal Credit Information, including when it
changes (Credit Information Alerts) and you can also query information
on your credit report using the “Dispute this” function. You will be
able to unsubscribe from Credit Information Alerts by going to your
Account Settings on the Website. Please note that unsubscribing from
Credit Information Alerts on the Website does not stop in-app
notifications about credit information changes on the App, or email
alerts that we send to you, that are essential information regarding
your credit information, and information regarding your account and use
of the Service; and
* (b) email address monitoring service, you will receive alerts from us
about potential compromises (that have been reported to us) of the
email address you use to register your account with us (Email Address
Monitoring Alerts). You will be able to unsubscribe from Email Address
Monitoring Alerts by going to your Account Settings.
* 1.3 The Credit Simple Website may also provide you with access to debt
repayment services and discounts by linking to the Clear Name Website.
The Clear Name Website is operated by Clear Name. By linking to the Clear
Name Website, you agree to follow and be bound by the Clear Name Website
Terms of Use and Clear Name Privacy Policy.
* 1.4 We grant you a non-exclusive, non-transferable, revocable, limited
licence to use the Services for your personal and non-commercial use in
accordance with these Terms of Use.
* 1.5 You warrant that you will at all times comply with all relevant laws
and regulations in your access and use of the Services, and provide true
and accurate information, and you will cooperate in any investigation
relevant to your use of the Credit Simple Website, Credit Simple App or
our Services.
* 1.6 In order to use: (a) the Credit Simple Website, you will need to set
up a username and password or login using your social media login
credentials; (b) the Credit Simple App, you will need to set up a
username and passcode. For the Credit Simple App, you may be able to use
biometric login credentials (Face ID or fingerprint), depending on your
mobile hardware. You must keep your Login Credentials confidential and
secure at all times. You must not disclose to or allow another person to
use your Login Credentials. Please change your Credit Simple Website
password or App passcode and contact us immediately if you become aware
of any unauthorised use of your Login Credentials or any other breach of
security. We may treat any access or use of the Credit Simple Website or
Credit Simple App at any time by the use of your Login Credentials as
access or use of the Credit Simple Website or Credit Simple App by you.
2. Term & Eligibility
* 2.1 Your access to the Services continues until (a) you cancel your
Credit Simple account (by emailing us at
creditsimplesupport@illion.com.au in which case we will terminate your
account as soon as practicable); or (b) the Services are suspended or
terminated by us in accordance with clause 10.
* 2.2 To be eligible to use our Services you must be:
* (a) 18 years of age or older – you meet our identity verification
requirements to confirm this; and
* (b) resident in Australia – you must provide a current residential
address in Australia when you register for Credit Simple and you must
terminate your account if you are no longer a resident of Australia in
the future.
* 2.3 To be eligible to use Credit Simple for Business, you must be a
current director of a registered company incorporated in the Territory.
You must not access (or attempt to access) information about a company
using Credit Simple for Business unless you are a current director of
that company. Your use and continued use of Credit Simple for Business is
subject to the following:
* (a) you can only access Credit Simple for Business when you are logged
into your Credit Simple account on the Credit Simple Website;
* (b) you can only use Credit Simple for Business, to access information
about a registered company incorporated in your Territory, if we are
able to verify that you are a current director of that company, based
on publically available company records; and
* (c) each time you use Credit Simple for Business you are deemed to
confirm that:
* (i) you are still a current director of each company in your
Territory that you have selected using Credit Simple for Business;
and
* (ii) each company you have selected using Credit Simple for Business
is still a registered company incorporated in your Territory.
* (d) If you cease to be a director of a company and/or if that company
ceases to be registered and Credit Simple has not automatically
terminated your access to information about that company, you must
notify us immediately and in any event you must immediately cease
accessing any information whatsoever about that company using Credit
Simple for Business.
* 2.4 If we are unable to verify that you are a director of a registered
company incorporated in your Territory based on publically available
company records, please contact us using the details below. In order to
proceed, you may need to provide us with additional information that we
request to confirm this.
* 2.5 You must register for the Services in your personal capacity, and not
through an agent or on behalf of any other person. On request you must
provide confirmation of your identity, current address or any information
you provide to us. We may report any unauthorised use of our Services as
fraud, and may report any other suspicious activity using the Credit
Simple Website to enforcement agencies or credit providers.
3. Access to Credit Information
* 3.1 You may use the Credit Simple Website or Credit Simple App to request
access to, and correction of, Credit Information held by a Credit
Reporting Body.
* 3.2 If you request access to and/or correction of your Credit Information
using the Credit Simple Website or Credit Simple App you:
* (a) appoint and authorise us, to request on your behalf, that the
Credit Reporting Body:
* (i) provides you with your Credit Information (to be accessed through
the Website or App) and/or updates that Credit Information;
* (ii) provides you with periodic Credit Information Alerts (to be
accessed through the Website, App and/or provided to you by Credit
Simple by email or other electronic means); and
* (iii) corrects your Credit Information (to the extent you ask us via
the “Dispute this” function on the Credit Simple Website or Credit
Simple App)
You acknowledge we may exercise your rights as access seeker under Part
IIIA of the Privacy Act 1988 (Cth) (Privacy Act) to the extent
permitted by Privacy Act.
* 3.3 If you use Credit Simple for Business, you authorise us to disclose
Personal Information, on your behalf, so that the Credit Reporting Body
provides you with your Business Credit Information (to be accessed
through the Website).
* 3.4 We have systems to assist with making access to your Business Credit
Information efficient. In particular, in many cases, we will only access
your Business Credit Information from a Credit Reporting Body once in any
day. Accordingly, you acknowledge that, if you use Credit Simple for
Business to access your Business Credit Information more than once in a
day, that Business Credit Information may be the same information that
you accessed earlier that day (without any updates that may be
applicable).
4. Access to your bank information
* 4.1 You can also use Money Simple Services on the Credit Simple Website
to access information relating to all of your chosen Bank accounts in one
place. This Service is also available via the Credit Simple App for
accounts that do not require multi-factor authentication. This Service is
made possible through the specialised services provided to us by illion
Open Data Solutions (one of our Related Bodies Corporate).
* 4.2 If you use Money Simple, you authorise us and illion Open Data
Solutions:
* (a) to collect Money Simple Information from your Bank(s), on your
behalf, using your Bank credentials (and you appoint us as your agents
for that limited purpose); and
* (b) authorise us and illion Open Data Solutions to use your Money
Simple Information in accordance with our Privacy Policy.
* 4.3 In order to make the Money Simple Service efficient, Credit Simple
and/or illion Open Data Solutions may extract all information available
from your Bank(s) using your Bank credentials (even if you only request
to see part of that information at any particular time, for example, by
selecting specific chosen accounts). The information available from your
Bank(s) will be automatically updated on each day even if you do not log
into your account on the Credit Simple Website or App (except as
described in clause 4.4 below). The Money Simple Service will extract
information from your chosen Banks only once every day. Accordingly, the
information that you access using Money Simple may not include your most
recent transactions.
* 4.4 If any of your linked Bank accounts require multi-factor
authentication (which are currently only supported on the Website), your
information from those bank accounts will only be updated each time you
authenticate yourself on the Credit Simple Website, using the individual
authentication requirements of the relevant bank accounts.
* 4.5 If you use Money Simple you:
* (a) confirm that you have express authority from any applicable joint
account holders to use Money Simple and to appoint us as your agent in
accordance with, and provide the authorisations set out in, clause 4.2;
* (b) acknowledge that you are solely responsible for ensuring that your
use of Money Simple (including appointing us as your agent in
accordance with clause 4.2) complies with the terms and conditions of
your chosen Banks;
* (c) acknowledge that, if you provide us with incorrect Bank
credentials, you will not be able to see the account information on
Money Simple and you may be locked-out of direct access to your account
(in the same way as you would be locked-out if you enter incorrect
credentials when you endeavour to access your accounts directly); and
* (d) acknowledge that all the features and functionalities of the Money
Simple Service are subject to clause 12, including spend tracking and
categorisation, upcoming payments reminder feature on the Credit Simple
App, and any other features or functionalities that are made available
to you from time to time.
5. Offers from Providers
* 5.1 By using the Credit Simple Website or Credit Simple App and accessing
the Services, you agree and accept that:
* (a) we can filter offers of products and services from Providers
(Offers) that are displayed to you on the Credit Simple Website or
Credit Simple App based on the Personal Information which you have
agreed to share with us in accordance with our Privacy Policy,
including your Credit Information and Money Simple Information;
* (b) the Offers displayed to you do not take into account your personal
financial situation or your personal investment objectives, and you
should not interpret any Offer you receive as being appropriate for you
or constituting personalised financial advice;
* (c) we are not providing you with any legal, taxation, financial or
other advice about the suitability or appropriateness of any Offer or
Service;
* (d) you should seek advice from an appropriately-qualified financial
adviser before making any decision in relation to an Offer if you need
assistance; and
* (e) the Credit Simple Website or Credit Simple App will not present all
Offers that may be available to you.
* 5.2 We are not an agent of any Provider in relation to the provision of
credit or any Offer. Our role is limited to advertising or displaying
Offers to you at the request of Providers. In the interest of
transparency, we may receive income from Providers for presenting offers
to you, or if you choose to apply to the advertised Provider.
* 5.3 If you choose to complete an application for any product, service or
Offer you do so at your own risk and you will be dealing directly with
the relevant Provider in relation to the product, service or Offer made
available by them. It is the Provider (and not us) that assesses any
applications to accept an Offer and determines whether an application is
successful. We do not guarantee that you will be accepted or be eligible
for any product, service or Offer that may be shown on the Website or
App.
* 5.4 In assessing a credit application, a Provider may use information
from various sources, including Credit Reporting Bodies. We do not
provide your personal credit score or credit history (or any commercial
credit score or credit history if you use Credit Simple for Business) to
the Provider when you apply for a product, service or Offer advertised on
the Website or App.
6. Prohibited Conduct
* 6.1 You must not:
* (a) directly or indirectly use any content on the Credit Simple Website
or Credit Simple App for the purpose of building, improving or
providing any product or service that competes with all or any part of
our Services or has similar features or functionality;
* (b) use an anonymous proxy or other technique to prevent us from
identifying your location or your IP address;
* (c) use a robot, spider, scraper or other unauthorised automated means
to access the Credit Simple Website or Credit Simple App or information
featured on it, or harvest information from the Credit Simple Website
or Credit Simple App, for any purpose;
* (d) reverse engineer, derive the source code of, tamper with,
decompile, modify, create derivative works of the Credit Simple Website
or Credit Simple App, including any updates to the Website or App;
* (e) rent, lease, sell, redistribute or sub-licence the Credit Simple
App;
* (f) use the Services for any fraudulent or unlawful purpose, or in a
way that will result in complaints, disputes or claims, costs or
liability to us or you, or publish any material in any forum by any
means that is, offensive, discriminatory, unlawful, threatening,
harassing, defamatory, false, inaccurate or misleading;
* (g) take any action which may disrupt access to, cause damage to, or
interfere with the proper operation of the Credit Simple Website or
Credit Simple App or our Services, including any action that may result
in the introduction of any viruses, trojan-horse type programs, malware
or any other material which is malicious or harmful; or
* (h) do anything that compromises the security and/or stability of the
Services, or interferes with or inhibits any other user of the
Services.
7. Credit Simple App Licence
* 7.1 We grant you a limited, non-transferable, revocable licence to
install and use the Credit Simple App on any supported mobile device or
operating system. Your download of the Credit Simple App is subject to
and conditional upon the terms of download or installation requirements
of the operator of the app store, and your compliance with these Terms of
Use.
* 7.2 You must not use the Credit Simple App on any mobile device that you
do not own or control.
* 7.3 You acknowledge and agree that the Credit Simple App is made
available for access and use across the networks of a number of mobile
operators. As we do not operate or control these networks, we have no
control over the privacy and security of information transmitted over
them and we disclaim any responsibility for any network or mobile service
used to access and use the Credit Simple App.
* 7.4 You will be able to access your Credit Simple App using Face ID and
Touch ID (where available on your mobile device). You acknowledge that
your use of Face ID and Touch ID as Login Credentials on your mobile
device is specific to the hardware on your mobile device and that you use
the features at your own risk when accessing and using the Credit Simple
App. We do not collect or store any of your Personal Information related
to your use of Face ID or Touch ID.
* 7.5 Credit Simple may change or update the Credit Simple Website and/or
App and their features at any time. You may be required to download and
reinstall a new version of the App if changes or updates are made to the
App.
8. Intellectual Property Rights
* 8.1 We (or our licensors) own all rights to the Credit Simple Website and
Credit Simple App and Services (including all logos and trademarks) and
all the content available through the Services, whatever its nature (Site
Content). You may not use or reuse in any form or by any means, any Site
Content without our express prior written consent. Nothing on the Credit
Simple Website and Credit Simple App should be interpreted as granting
(by implication or otherwise) any license or right to use any of the Site
Content or trademarks displayed on the Credit Simple Website or Credit
Simple App including by linking or framing. We prohibit the use of any of
our trademarks as part of a link to or from any other website or mobile
app unless establishment of such a link is approved in writing by us in
advance. All rights not expressly granted to you are expressly reserved
by us.
9. Privacy
* 9.1 We will collect, use and disclose Personal Information in accordance
with our Privacy Policy, and in accordance with the Privacy Act 1988
(Cth) and any other applicable privacy laws, including any determination,
code or guideline issued under those laws in the Territory (in each case
as amended or replaced at any time) (Privacy Laws).
10. Termination & Suspension
* 10.1 You may cancel your Credit Simple account at any time, in accordance
with clause 2.1. You can cancel or suspend your use of Money Simple at
any time by navigating to the Money Simple Manage Accounts page on the
Website and following the instructions to remove all of your chosen
accounts.
* 10.2 We reserve the right to deny, suspend or terminate your Credit
Simple account and/or access to the Services (in whole or in part) at any
time, for any reason whatsoever (including any breach of these Terms of
Use), at our absolute discretion. Where it is possible, we will notify
you in writing of any suspension or termination and the reasons for it.
If we terminate your Credit Simple account, your access to all Services
will automatically terminate.
* 10.3 On termination of any Services (in whole or in part) the following
provisions apply in respect of the Services that are terminated: (a) each
licence granted by us in respect of the Services also terminates; and (b)
you must immediately cease using the Services, delete copies of our
Confidential Information, and delete the App from your device. On
termination of any Services (in whole), we will delete your Personal
Information, except to the extent we’re required by law or by our
internal document retention policies to retain it, or have the right to
retain it under any rights granted to us through our Privacy Policy.
11. Changes and Modifications
* 11.1 We may amend these Terms of Use, our Privacy Policy and Disclaimer
from time to time at our sole discretion by publishing an updated version
on the Website or in the App. You should check the Terms of Use, our
Privacy Policy and Disclaimer regularly, prior to using the Website or
App, to ensure you are aware of any changes, and only proceed to use the
Website if you accept the new Terms of Use, Privacy Policy and Disclaimer
(as applicable). If you do not agree to the amendments, you should cease
using the Website and App and delete the App from your device. Your
continued use of our Services following any amendments indicates that you
accept the amendments.
* 11.2 We reserve the right to change, cancel or discontinue (temporarily
or permanently) the Services at any time. If we cancel or discontinue the
Service (where not due to your acts or omissions or breach) we will
endeavour to provide you with notice (which may include notice via the
Website or App).
12. Disclaimer & Liability
* 12.1 Disclaimer & Liability – While we endeavour to provide the Services
(including all information forming part of the Services) accurately and
in accordance with the Service’s stated description, you acknowledge the
following (to the extent permitted by law and subject to clause 13.2):
* (a) the Services are provided strictly on an “as is” and “as available”
basis.
* (b) we do not warrant:
* (i) that the availability and/or your use or enjoyment of the Website
or App will be free of any interference;
* (ii) that the features and functionalities of the Website or App are
suitable for your use;
* (iii) any defects on the Website or App will be corrected; or
* (iv) that the operation of the Services will be error-free;
* (c) we exclude all liability to you for:
* (i) the Services being inaccurate, incomplete or unsuitable;
* (ii) any delay or unavailability of the Services, or the Services
being out-of-date;
* (iii) any data loss or corruption, or any viruses or other harmful
components associated with Services;
* (iv) any use of the Services (or any information available on the
Website or App or through the Services) by you, including any
financial decision or action taken by you or anyone else in reliance
on the information provided on the Website or App or through the
Services. We recommend that you seek advice from an
appropriately-qualified financial adviser before choosing to apply
for any Offer if you need assistance or before making any financial
decisions; and
* (v) any fraudulent or unauthorised registration or use of your Credit
Simple account, including any fraudulent or unauthorised use of your
Login Credentials;
* (d) we are not liable to you (whether in contract, tort, negligence or
otherwise) for any loss of profit, revenue, anticipated savings,
goodwill, reputation or opportunity, or for any indirect or
consequential loss whatsoever;
* (e) to the extent we have any liability to you in relation to the
Services or under these Terms of Use (other than for our fraud, breach
of clause 9 (Privacy) or under the indemnity in clause 14.2 (Third
Party Claims)), our liability is limited to resupply of the Services;
and
* (f) to avoid doubt, references to the “Services” for the purposes of
this clause 12.1 will also include your Credit Information and
information given by or accessed in connection with your use of Credit
Simple, including from your Banks, Providers and Clear Name.
* 12.2 Without in any way limiting clause 12.1, the following disclaimers
also apply (to the extent permitted by law):
* (a) Offers and Discounts – While we take all reasonable steps to ensure
that Offers to you that we receive from Providers, and Discounts via
the Credit Simple Website or Credit Simple App and Services are
presented accurately and are up-to-date, you acknowledge that:
* (i) we rely on information provided by Providers and by Clear Name;
* (ii) Offers and Discounts can also change from time to time after
they appear on the Credit Simple Website or Credit Simple App; and
* (iii) we do not accept responsibility for any information given by
the Provider or Clear Name to you, including information about any
Offer or Discount.
* (b) Credit Reports – If you use Credit Simple to access your credit
report, or other Credit Information, we do not represent that any debt
identified on a credit report represents all amounts owing by you (or,
in respect of Credit Simple for Business, the applicable company) to
all or to any particular lender. For example (without limitation):
* (i) your personal credit report only covers debt that satisfies the
criteria for “Credit Defaults” under the Privacy Laws;
* (ii) additional interest and default fees may have accrued on your
debt (or, in respect of Credit Simple for Business, the applicable
company’s debt); and
* (iii) you (or, in respect of Credit Simple for Business, the
applicable company) may have made payments to a lender which the
lender has not yet notified to the Credit Reporting Body.
* (c) Bank accounts – If you use Money Simple, we and illion Open Data
Solutions rely on information extracted from your chosen Banks. We do
not accept responsibility for any information extracted from your
chosen Banks, and for the accuracy, completeness, timeliness, or
categorisation of your Money Simple Information, or features and
functionalities provided on the Website or the App using your Money
Simple Information.
* (d) Not financial advice – We do not provide any personal financial,
legal or tax advice and we express no opinion on your debt repayment
and debt management. You should seek advice from an appropriately
qualified financial adviser before making any decision in relation to
repayment of a debt if you need assistance.
* (e) Countries – Use of our Services is strictly limited to residents of
New Zealand and Australia. We make no representation or warranty that
our Service is appropriate or available for use in all countries or
that the content satisfies the laws of all countries. If you access our
Services when you are travelling, you are responsible for ensuring that
your access to and use of the Service is not illegal or prohibited in
your relevant country.
* (f) Links – The Credit Simple Website or Credit Simple App may contain
links to other websites, including the websites of Providers and of
Clear Name (Third Party Sites). Links to Third Party Sites are provided
for convenience only. We do not control and are not responsible for the
Third Party Sites, nor do we endorse or make any representations about
those sites or their content. If you access any of the Third Party
Sites linked to the Credit Simple Website or Credit Simple App, you do
so entirely at your own risk.
* (g)Testimonials – The Credit Simple Website or Credit Simple App may
contain testimonials about Providers’ products or services. The content
of testimonials is provided to us by Providers and we do not control
nor independently verify this content.
* 12.3 The limitations on our liability and disclaimers set out in this
clause 12 also apply to our Related Bodies Corporate and service
providers, including Credit Reporting Bodies.
13. Implied Warranties
* 13.1 To the maximum extent permitted by law, and subject to clause 13.2,
any representation, warranty, condition, guarantee or undertaking that
would be implied into these Terms of Use by legislation or otherwise is
excluded. In particular, we do not warrant that the accuracy, adequacy,
timeliness or completeness of information available on the Credit Simple
Website or App or that it is suitable for your intended use.
* 13.2 Nothing in these Terms of Use excludes, restricts or modifies any
consumer guarantee, right or remedy conferred on you by Consumer Law or
any other applicable law that cannot be excluded, restricted or modified
(Non-Excludable Obligation). However, to the fullest extent permitted by
law, our liability for a breach of a Non-Excludable Obligation is
limited, at our option, to the cost of supplying the Services again or
payment of the cost of having the Services supplied again.
14. Liability and Indemnity
* 14.1 You indemnify us from any Third Party Claims against us which arise
due to your breach of these Terms of Use (including clause 2
(eligibility) and clause 4.5 (Money Simple)).
* 14.2 We indemnify you from any Third Party Claims against you which arise
due to our Services infringing a third party’s intellectual property
rights (except to the extent caused by you and/or your breach of these
Terms of Use). If our Services are alleged to infringe a third party’s
intellectual property rights, we may, at our sole option and expense,
elect to modify or replace the Services so they are non-infringing, or
cancel supply of the Services and terminate these Terms of Use. To the
extent permitted by law, this clause states our sole liability, and your
sole remedy, with respect to our Services infringing a third party’s
intellectual property rights
* 14.3 Each party’s liability under an indemnity is reduced to the extent
that liability was caused or contributed by the other, and an indemnified
party must: (a) promptly give written notice to the indemnifying party of
the Third Party Claim; and (b) allow the indemnifying party to conduct
the defence and settlement of that claim (provided the indemnified party
is not detrimentally impacted).
* 14.4 You acknowledge and agree that this clause 14 is fair and reasonable
in the context of the Services being provided to you at no charge.
15. Confidentiality
* 15.1 Each party must (unless expressly agreed otherwise): (a) use
Confidential Information only for the purposes of the Services; and (b)
keep confidential all Confidential Information and only disclose
Confidential Information of the other party to its personnel who need to
know for the purposes of providing the services.
* 15.2 The confidentiality obligations in clause 15.1 do not apply to
information that: (a) is or becomes legally in the public domain at the
time of disclosure without a breach of clause 15.1; (b) is legally
obtained from a third party; (c) was already in the possession of a party
at the time of disclosure without any associated obligation of
confidentiality; (d) has been independently developed by a party; or (e)
is required to be disclosed by law or the rules of a stock exchange.
16. Force Majeure
* 16.1 Neither party shall be liable for non-performance or delays caused
by an external event beyond the reasonable control of a party, including,
without limitation, acts of war, terrorism, cyber or data security
attack, civil commotion, epidemic, natural disasters, blockades,
embargoes, strikes and lockouts, any other acts of god or act of any
government or governmental agency (Force Majeure Event).
17. Notices
* 17.1 You agree that any notices or other communications may be provided
to you electronically (either by posting messages on the Credit Simple
Website, Credit Simple App or via the email you have provided as part of
the registration process). You may send notifications to us via
creditsimplesupport@illion.com.au.
18. General
* 18.1 Assignment – You must not assign or novate these Terms of Use. We
may assign our rights under, or novate, these Terms of Use to any of our
group companies or in connection with a merger or consolidation involving
us or the sale of substantially all of our assets.
* 18.2 Delay – No delay or failure by either party to exercise a right
under these terms prevents the exercise of that right or any other right
on that or any other occasion.
* 18.3 Severability – If any part of these terms is illegal or
unenforceable, it will be severed from these terms and the remaining
terms will continue in full force and effect.
* 18.4 Survival – Any provision of these Terms of Use which is by its
nature a continuing obligation will survive termination of these Terms of
Use (e.g. clause 12 (Disclaimer and Liability), clause 13 (Implied
Warranties) and clause 14 (Liability and Indemnity)).
* 18.5 Laws – These Terms of Use are governed by the laws of Victoria,
Australia.
* 18.6 Interpretation – A word importing the singular includes the plural
and vice versa, and references to “including” and “for example” shall be
construed with the words “without limitation”.
* 18.7 Currency – reference to “$” or “dollars” means AUD.
* 18.8 References to our Related Bodies Corporate and service providers are
intended to confer a benefit on those companies, and be enforceable by
those companies.
19. Definitions
* Bank means your relevant bank or financial institution, the details of
which you provide to us if you use Money Simple on the Credit Simple
Website or Credit Simple App.
* Business Credit Information has the meaning in clause 1.1.
* Clear Name means illion Australia Pty Ltd (ABN 95 006 399 677) trading as
Clear Name.
* Clear Name Website means the website at: https://www.clearname.com.au.
* Confidential Information means all information that could be reasonably
regarded in the circumstances as confidential and not part of the public
domain, including a party’s business affairs.
* Consumer Law means consumer law as set out in Schedule 2 of the
Competition and Consumer Act 2010 (Cth).
* Credit Information means, as applicable, Personal Credit Information
and/or Business Credit Information (as each is defined in clause 1.1).
* Credit Reporting Body means illion Data Registries Pty Ltd (ABN 38 101
620 446). Credit Simple is not a Credit Reporting Body.
* Credit Simple, we, us or our means Credit Simple (Australia) Pty Limited
(ABN: 14 614 444 790).
* Credit Simple for Business means the ‘Credit Simple for Business’
Services available to directors of companies registered in the Territory
via Credit Simple.
* Credit Simple App or App means the Credit Simple mobile app downloaded
from the Apple or GooglePlay app stores.
* Credit Simple Website or Website means the website available at the URL
https://www.creditsimple.com.au.
* Discount means any discount on a debt offered to you on the Clear Name
Website on behalf of Provider.
* Email Address Monitoring Alert has the meaning in clause 1.2(b).
* illion Open Data Solutions means illion Open Data Solutions Pty Ltd (ABN
89 166 277 845) and also (a) illion Australia Pty Ltd (ABN 95 006 399
677).
* Login Credentials means (as applicable) your Credit Simple Website and/or
App username, password, passcode, biometric information (Face ID or
fingerprint), and social media login credentials.
* Money Simple means the Services available on the Money Simple tab on the
Credit Simple Website or the Home and Spend tabs on the Credit Simple
App.
* Money Simple Information means Personal Information that Credit Simple
and/or illion Open Data Solutions (on behalf of Credit Simple) extracts
from your Bank(s) at any time using your Bank credentials;
* Offers has the meaning in clause 5.1(a).
* Personal Information means personal information (as defined in the
Privacy Laws) that you provide to Credit Simple or authorise Credit
Simple to collect at any time.
* Privacy Laws has the meaning in clause 9.1.
* Privacy Policy means the Credit Simple Privacy Policy (as amended from
time to time) available on the Credit Simple Website or Credit Simple
App.
* Provider has the meaning in clause 1.1.
* Related Body Corporate has the meaning given to that term in section 9 of
the Corporations Act 2001.
* Services has the meaning in clause 1.1.
* Terms of Use means these Terms of Use, together with our Privacy Policy
and Disclaimer (as amended from time to time) available on the Credit
Simple Website or Credit Simple App.
* Territory means Australia.
* Third Party Claim means any claim, suit, action or demand by a third
party, and will include any directly related liability, cost, damage or
expense (including a fine or penalty imposed by a regulator).
* Third Party Site has the meaning in clause 12.2(f).
* You or your means the end user that is accessing or using the Website or
App.
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