Please read the following Terms and Conditions and accept them to continue.
You are dealing with Equifax
You are sending your personal information to Equifax Australia Information Services and Solutions Limited (ABN 26 000 602 862) (“Equifax”) to obtain one or more of Equifax’s services to consumers. Equifax agrees to provide the Services to you on the following Terms and Conditions.
The following definitions apply to these Terms and Conditions:
Alerts means an email notification provided by Equifax every time a member has specific credit information added or changed on their Credit Report. The email will not contain any content regarding the credit report but will instead advise the member to login to the Equifax site in order to view the content of the alert.
Credit Card means any credit card issued in Australia.
Credit Report means the record of credit activity provided by Equifax for individuals and businesses and includes credit reporting information, where applicable.
Member means a person who is eligible to become and who has become a Member in accordance with clause 32 of these Terms and Conditions.
Personal Information means personal information as defined in the Privacy Act.
Service means the service or services provided by us which are specific to the applicable Membership Option and Membership Type chosen by you or any other services offered and provided by us and described as a service on our Website as amended from time to time.
Website means the Equifax website at http://www.equifax.com.au/personal/products/credit-reports-scores-alerts
The following general provisions apply:
1. These Terms and Conditions constitute the entire agreement between us as to its subject matter and supersedes all prior understandings or agreements between us and any prior condition, warranty, indemnity or representation imposed, given or made by either of us in connection with that subject matter.
2. The failure of either party at any time to insist on performance of any provision of these Terms and Conditions or to fail to exercise a right under these Terms and Conditions is not a waiver of that party's right at any later time to insist on performance of that or any other provision of these Terms and Conditions or to exercise that or any other right under these Terms and Conditions.
3. No term in these Terms and Conditions shall be regarded as having been waived by a party and no breach shall be taken to have been excused by the consent of a party unless the waiver or consent was signed by the party claiming to have waived or consented.
4. If any provision in these Terms and Conditions is determined to be invalid or unenforceable it will be severed, however, the other provisions shall remain in full force and effect.
5. The limitations and exclusions stated in these Terms and Conditions are only intended to operate to the extent permitted by law. Save as expressly set out in these Terms and Conditions, we will not be liable to you for any special, indirect or consequential loss or damage resulting from, or caused or contributed to by, any of our acts or omissions.
Compliance with Laws
6. As you appreciate the provision of these services involves dealing with your personal information including credit reporting information. It is therefore very important that you acknowledge and agree that:
a. you are sending your own personal information only;
b. you are providing accurate, up to date, complete and not misleading information;
c. when you become a member your membership will be for your own use; and
d. you agree you will not share your membership or access with anyone else.
7. Subject to certain exemptions, you have a right to access personal information that we hold about you. Please note that under the Credit Reporting Code of Conduct, you may be entitled to access your credit information file without a fee.
8. Your credit report is based on information provided to Equifax by credit providers and others in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”). Equifax does not independently check the information supplied to it and Equifax does not guarantee the accuracy of that information. You have rights to correct your credit report in accordance with the Privacy Act.
9. By ordering the Service, you are not changing any of the existing rights and obligations as these relate to credit providers and credit reporting agencies respectively or any other third party. These remain governed by the Privacy Act and are not incorporated expressly or impliedly into these terms and conditions.
10. Certain legislation may imply warranties or conditions or impose other obligations including statutory consumer guarantees which cannot be excluded, restricted or modified except to a limited extent. These terms and conditions must be read subject to those statutory provisions.
11. To the extent permitted by law, we and our third party data and service providers exclude all express or implied representations, guarantees, conditions, warranties and terms relating to the supply of the services that apply under or are implied by statute, custom, law or otherwise, except those set out in these terms and conditions.
12. If in our supply of the services to you, we are liable for a breach of any guarantee, warranty, condition or other term that applies under the Competition and Consumer Act 2010 (Cth) or is implied by any state or territory law that cannot be excluded, our liability under that legislation is limited, to the extent permitted by law, to the re-supply of the service or the payment of the costs of having the service supplied again, whichever we elect. In our absolute discretion and instead of either of the foregoing two options, we may elect to refund to you the amount you have paid us for the relevant service to which your claim relates.
13. To the extent permitted by law, we and our third party data and service providers are not liable to you or to anyone else for any loss or damage (including without limitation loss of profit, revenue or business, indirect, consequential, special or incidental loss or damage) which arises or might arise if it were not for this clause.
14. If you are dissatisfied and that dissatisfaction is, in Equifax’s opinion based on objective evidence is well founded, Equifax will refund the price paid for the report.
15. Where the service we provide you includes insurance, that insurance is subject to the terms of the Equifax insurance policy available here.
16. If your Credit Report shows a bankruptcy, debt agreement or personal insolvency, no score will be provided until that information is deleted from your credit report in accordance with retention periods relating to that information.
Proof of Identity
17. Given that we are dealing with personal information, Equifax takes reasonable steps to satisfy itself that all personal information it discloses goes to the correct person. Additionally, the Credit Reporting Code of Conduct requires Equifax to obtain such evidence as is reasonable in the circumstances to satisfy ourselves as to your identity. Accordingly, Equifax may make enquiries to help satisfy itself that you are who you say you are. Equifax may provide you with an option to self-verify using your Passport details and/or your Medicare details. The decision whether or not to self-verify remains yours. If the information you provide Equifax does not meet Equifax’s current security requirements Equifax may contact you and ask you to provide additional documentation to prove your identity. In this case Equifax may take longer than one business day to provide your credit report, and Equifax will not provide a refund for this delay. If you do not provide sufficient information and/or Equifax is not satisfied that you have proved your identity, Equifax may refuse to supply you with any part or the whole of the service. In the event that you have already paid for the service a refund will be provided in whole or in part as the case may be. If after one business day Equifax has neither sent your credit report nor contacted you to ask you to provide additional information you may request either a refund or a re-supply of your credit report.
18. Equifax and its related companies may, at any time, use and disclose your personal information to:
a. Manage the provision of reports and related services
b. Monitor Traffic on the website
c. Data management for quality related purposes
d. To investigate any complaint made by you or on your behalf, either privately or by a relevant regulator or law enforcement agency.
e. Enrich data sources owned or affiliated with the Equifax Group of companies.
Equifax’s third party data providers may use and disclosure your personal information for the purposes of providing its products, including those that form part of the Identity Watch service as revised from time to time, to Equifax’s customers as long as those customer’ membership includes the third party provider’s product.
Direct Marketing Consents
19. Where you have provided consent, Equifax and its related companies may, at any time, use your personal information for marketing purposes and send you information about Equifax or its related companies’ products or services. This will include promotional material including but not limited to communications of the following kind:
d. Promotions on existing or new products
e. Other, if any.
Equifax may do so by using a variety of means including:
a. electronic means such as emails, SMS, MMS or similar devices
b. hardcopy to your nominated address; and
c. subject to Do Not Call Register, call you.
Where you have provided consent, Equifax and its related companies may, at any time, disclose your information to its clients for marketing purposes who will send you marketing information similar to the above.
20. In doing so, Equifax will be expressly relying on the consent that you have provided on the website when you subscribed to the Service. At all times you are free to choose not to receive some or all of the marketing communications sent by Equifax or on Equifax’s behalf. In order to exercise that choice you need to communicate that to:
PO BOX 964
NORTH SYDNEY NSW 2059
Or call us on 138 332
21.In doing so, Equifax may disclose any of this information to its related bodies corporate or service providers of Equifax where such disclosure is required to conduct the marketing and related commercial activities set out above.
22. All product related information will be communicated to you via electronic communication. You may request a printed copy of your Credit Report by calling 138 332.
IP Rights and Use of Information
23. Equifax has copyright and other rights in the compilation of the information Equifax uses to supply services to you. Equifax grants you a non-exclusive licence to use such a service for your own personal use only.
24. Equifax can vary these terms and conditions at any time by prior written notice of at least 14 days on its website.
25. These terms and conditions are governed by the laws of New South Wales and both Equifax and you submit to the non-exclusive jurisdiction of the courts of that state.
26. You will pay the price of the Equifax Service specified during enrolment using any electronic means of payment that Equifax chooses to accept at any given time. Please note that if there is no report pertaining to your request you will still be charged the same amount as the scheduled fee for this service for processing your request and delivery of our feedback.
27. Within one business day after you provide your information and pay Equifax via its website Equifax will provide one copy of your credit report via the Equifax Credit and Identity portal (although it may take longer, see Clause 17) .
28. Regardless whether you pay upfront or by instalment the membership is an annual membership and, as such, you will not be entitled to a refund, in whole or in part, if you cancel your membership before the annual expiry date of that membership. The amount still owing will either be charged to your credit card upon cancelation of your membership, or continue to be charged over the remaining months until you reach your 12 month anniversary.
29. Equifax does not guarantee the security or availability of its website, the internet, email, Resolution Centre, fax or mail.
30. Neither party will be liable for any failure to comply with these Terms and Conditions or any other agreement with you if, and to the extent that, that failure is caused by an act, omission or event beyond our reasonable control. In any such event, the time for performance of obligations under these Terms and Conditions will be extended by the same period or periods for which performance is delayed. Whoever of us is affected will use their best endeavours to avoid or remove such causes of non-performance.
31. For security and related reasons you must provide us with an up-to-date and a valid email address. If for any reasons you change your email address you must notify us of that change immediately. This is essential for you to receive notification of reports and alerts. You can do this by contacting Equifax on 138 332.
32. To be eligible for a Membership you must:
a. be at least 18 years of age, and
b. be able to be identified via documentation supplied by the Australian Government, and
c. agree to be bound by these Terms and Conditions.
33. If your membership has Identity Watch as a feature, you agree to your email address, credit card and phone number being prepopulated in the Identity Watch area of your membership. Should you wish to disable these details from being monitored you can go into the Identity Watch area and delete the details.
34. Subject to you agreeing to these Terms and Conditions and paying the Membership Fee where applicable, you are entitled to receive the Services applicable to your Membership Option for your Membership Type for the Membership Period from the date of your Membership application or renewal.
35. You may view, manage and update your Membership information through the online service on our Website ("Online Service"). To access the Online Service you must use the username and password you supplied during enrolment or the temporary password we issue you in the event you forget your password. You must keep your login details secure.
36. We do not warrant that the Online Service will be fault free or available without interruption and, to the extent permitted by law, exclude all representations and warranties in relation to the Online Service.
37. The initial Membership Fee is payable at the time you sign-up for Membership via the Equifax Credit and Identity portal and choose a Membership Option and will be the amount specified on our Website or as notified to you at the time of Membership.
38. You may terminate your subscription to Equifax Credit and Identity by telephoning Equifax on 138 332 and giving Equifax 2 weeks’ notice. Terminating under this clause does not change the consent for use or disclosure of your personal information provided under these terms and conditions. If you wish to withdraw your consent you must do so in accordance with Clause 20.
39. To the email address you have provided us, we will issue an automatic Membership renewal notice at least 14 days before the expiry of your Membership which will:
a. set out the annual Membership Fee payable, which we may change each year at our discretion; and
b. provide you with the ability to notify us if you do not wish to renew your Membership.
Membership cancellations must be requested by calling us on 138 332 at least two weeks prior to your renewal date.
40. Unless you notify us otherwise, your Membership will be automatically renewed for another one year, unless agreed to be a longer or shorter period as the case may be, and the Membership Fee applicable for that period will be payable by you. If you elect not to renew your Membership, your Membership will cease.
41. Members may upgrade their existing Membership Option to another Membership Option, via their online account or over the phone. You will need to pay the difference between the Membership Fee for your current Membership Option and the Membership Fee for the new Membership Option.
42. Members may downgrade their existing Membership over the phone. Membership downgrades will not take effect until the renewal date. No refunds are provided for downgrades.
43. From time to time we may offer a special Introductory Membership offer. If you take up this offer the standard Membership Fee will apply after the introductory offer expires.
44. Standard fees are subject to change. Notification will be provided 24 hours in advance on both the website and through a published newspaper.
45. If applicable, in the event you are offered a free trial, your Membership will continue and a Membership Fee will be payable and automatically billed to your credit card, based on the Membership Option you are on, unless you expressly cancel your Membership by calling Equifax on 138 332 prior to the end of the free trial period.
46. If you are provided with a complimentary Membership by Equifax or a third party and that offer is either withdrawn or expires, you understand that you will be able to renew your own Membership at your own cost, and that you may choose a different Membership Option from the complimentary Membership previously provided to you. Complimentary Memberships may be revoked at any time, without notice.
47. You agree that unless you notify us otherwise, whenever the Membership Fee is payable under clauses 39 we can automatically charge your nominated open credit card account, regardless of whether or not the date on the credit card has expired, or directly debit your nominated bank account, if we have an agreement with your bank that allows us to do so. You must advise us immediately if the card or bank account details provided to us for the purposes of charging your Membership Fees is no longer current.
Failure to pay
48. If we do not receive Membership Fees by the due date, your Membership will be suspended. You have up to 90 days to bring your account up to date before your account is closed. To bring your account up to date, call us on 138 332.
Third Party Payment
49. If your Membership Fees are paid by a third party and that party does not renew your Membership, we will contact you directly to give you the option of renewing your Membership but it may be that you must choose a different Membership Option.
Cancellation for Breach
50. We can suspend or cancel your Membership immediately by giving you written notice if in our reasonable opinion you are misusing your Membership, you have breached the Terms and Conditions of use or breached the Privacy Act 1988.
Varying these Terms and Conditions
51. We reserve the right to amend these Terms and Conditions at any time by giving at least 14 days’ notice on our Website. ('Notice of Variation').
52. If you do not agree to be bound by the varied Terms and Conditions you may cancel your Annual Membership by advising us within 30 days of our Notice of Variation. If you cancel your Annual Membership within this 30-day period, you will be entitled to a pro rata refund of that part of your Membership Fee that relates to the unexpired portion of the relevant Membership year.
53. If you do not ask us to cancel your Membership within 30 days of a Notice of a Variation from us, you agree to be bound by the Terms and Conditions as varied.
54. If you do not agree to be bound by the varied Terms and Conditions you may cancel your Monthly Membership by advising us within 90 days of our Notice of Variation. If you cancel your Monthly Membership within this 90-day period, you will not be entitled to a pro rata refund of that part of your Membership Fee that relates to the unexpired portion of the relevant Membership year.
55. Notwithstanding anything contained in this clause, we do not need to notify you of variations to these Terms and Conditions to provide for additional types of Membership or additional Services.
56. In some cases we may need to rely on third party data providers or other service providers to deliver our services to you. Where those data providers or other service providers increase their fees for their data or services we may, at our sole discretion, increase our fees and charges in respect of some or all of such increases.