Terms of Use - Credit Simple

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.

Services
- 1.1 We provide you with the following services (together, the Services):
  - (a) access to your personal credit score (Credit Score) and Other Credit Information about you from a Credit Reporting Body (together Personal Credit Information) on the Website or App as your Access Seeker under Part IIIA of the Privacy Act 1988 (Cth) (Privacy Act);
  - (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) whether on the Website and App or through email or other electronic means;
  - (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:
  - (a) your Personal Credit Information, through Credit Simple as an Access Seeker we will provide you with 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 “Request correction” function. You will be able to unsubscribe from Credit Information Alerts by going to your Account Settings on the Website. We provide this information to assist you in dealing with a credit reporting body and credit providers. 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 account and use of the Service. To stop receiving any emails at all from us, you should close your account (refer to clause 2.1); and
  - (b) our email address monitoring service, you will receive alerts from us about potential compromises (that have been reported to us) of the email address linked to 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 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.
- 1.4 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.
- 1.5 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.
Term & Eligibility
- 2.1 Your access to the Services continues until (a) you cancel your Credit Simple account (by emailing us at [email protected] 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:
  - (a) be 18 years of age or older
    (b) meet our identity verification requirements; and
  - (c) reside in Australia and provide a current residential address in Australia when you register for Credit Simple. You must terminate your account if you cease to be 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 publicaly 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 publicaly 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.
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, as your Access Seeker, 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)
    - (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 or updates your Credit Information (to the extent you ask us via the “Request correction” function on the Credit Simple Website.
    You acknowledge we may exercise your rights as Access Seeker 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).
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 the relevant Privacy Policies.
- 4.3 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 is presented in 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.
Offers from Providers
- 5.1 If you consent to receiving offers from Providers, 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 Personal Credit Information and Money Simple Information;
  - (b) the Offers displayed to you do not take into account your personal financial situation or your personal financial requirements and 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 and otherwise acting as your intermediary. 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 presented to you.
- 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 presented to you.
  5.5 Where you have provided us with consent to obtain and use your Other Credit Information from the Credit Reporting Body (please note that Credit Score and Other Credit Information together form Personal Credit Information), we may provide you with offers based on your Other Credit Information in addition to your Credit Score, through the website, email and/or other electronic means. Your consents only relate to your Credit Score and/or Other Credit Information (as applies) and do not apply to Credit Simple for business, where you may be able to access Business Credit Information on certain entities which you may be a Director of.
  5.6 You can revoke or re-instate your consent for our use of your Other Credit Information at any time by logging into your Credit Simple account and visiting the Account Settings page. Once you have revoked this consent, we will not use your Other Credit Information for the purpose of providing you with offers. However, we will continue to use your Credit Score to provide offers to you (only where you have provided your consent to receiving marketing communications from us through email and/or other electronic means). If you would not like to receive any marketing communications from us you can visit the Account Settings page and update your email preferences.
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.
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.
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.
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).
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.
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).
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 and Providers.
- 12.2 Without in any way limiting clause 12.1, the following disclaimers also apply (to the extent permitted by law):
  - (a) Offers – While we take all reasonable steps to ensure that Offers to you that we receive from Providers, 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;
    - (ii) Offers 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 to you, including information about any Offer.
  - (b) Credit Reports – If you use Credit Simple to access your credit report, or 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 (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.
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.
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.
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.
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).
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 [email protected].
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.
Definitions
- Access Seeker has the meaning given in the Privacy Act 1988 (Cth).
  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.
  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), ACL 513554
  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.
  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).
  Other Credit Information means your Personal Credit Information other than your Credit Score.
  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.