Terms & Conditions
These Terms & Conditions apply to new Members who apply for services on and from 4 April 2018. They will apply to existing Members on and from 18 April 2018. If you are an existing Member and do not agree, you may call us on 138 332 to cancel your subscription, and we will provide you with a pro rata refund of fees paid by you for the unexpired portion of your subscription period.
Terms & Conditions
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, we, our, us”) to obtain one or more of Equifax’s services to consumers. These Terms and Conditions form an agreement between you (the customer) and Equifax in relation to the provision by Equifax of the Service to you. The Service is a subscription Service that will automatically renew each year until you or we end the subscription.
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 30 of these Terms and Conditions.
Membership Fee means the fee referred to in clause 36 and 38 of these Terms and Conditions.
Membership Option means the Service plan you purchase.
Membership Period means the period applicable to your Membership Option for which you will be provided with the Service, being a period of one year commencing on the date of your application or Membership renewal (unless otherwise specified on our Website or notified to you at the time of your application for Membership, or at the time of notice of your Membership renewal).
Personal Information means personal information as defined in the Privacy Act 1988 (Cth) (“Privacy Act”).
Service means the service or services provided by us which are specific to the applicable Membership Option chosen by you or any other services offered and provided by us and described as a service applicable to your chosen Membership 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 supersede all prior written agreements between you and us and any prior written condition, warranty, or indemnity imposed, given or made by you or 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. We will send notices to the last email address you have given to us. You must tell us if you change any contact details, by calling us on 138 332.
Compliance with Laws and Liability
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 Privacy (Credit Reporting) Code 2014 (‘CR Code’), 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. Whilst Equifax takes reasonable steps in the circumstances to ensure the information is accurate, 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 bodies 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. The Australian Consumer Law sets out certain guarantees that may apply to the supply of goods and services by us. These guarantees give you rights that cannot be excluded, restricted or modified. The exclusion of guarantees and warranties in clause 12 below, and the limitation of liability in clauses 11 and 13 below, apply subject to any rights you may have under the Australian Consumer Law.
11. Where the goods or services supplied to you are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of a guarantee is limited to doing one or more of the following:
a. in relation to goods, the replacement of goods or the supply of equivalent goods, the repair of goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
b. in relation to services, the re-supply of the Service or the payment of the costs of having the Service supplied again.
We cannot limit our liability as set out in this clause 11 if you establish that it would not be fair or reasonable for us to do so.
12. To the extent permitted by law, we and our third party data and service providers exclude all statutory or implied representations, guarantees, conditions, warranties and terms relating to the supply of the Service, whether based in statute, custom, common law or otherwise. We do not exclude any such representations, guarantees, conditions, warranties or terms to the extent we are not permitted by law to do so (including under the Australian Consumer Law).
13. To the extent permitted by law, and subject to clauses 10 to 12:
a. we will not be liable to you for any special, indirect, consequential or incidental loss or damage (including without limitation loss of profit, revenue or business) arising or resulting from or in connection with, or caused or contributed to by, the Service, these Terms and Conditions, or any of our acts or omissions; and
b. our total aggregate liability for any loss or damage not excluded under this clause is limited to the amount of fees and charges paid by you for the Service under these Terms and Conditions in the 12 months immediately prior to the event giving rise to the liability.
14. If you are dissatisfied and that dissatisfaction is, in Equifax’s opinion based on objective evidence, well founded, Equifax will refund the price paid for the Credit Report or Service in respect of the current Membership Period.
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 CR Code 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. This includes validating certain document information you provide with the document issuer or official record holder for the purpose of confirming your identity. 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 the period specified in clause 33 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 the Service. In the event that you have already paid for the Service, a full refund will be provided. If Equifax has neither sent your Credit Report after the period specified in clause 33, nor contacted you within one business day 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. undertake data management for quality related purposes; and
d. investigate any complaint made by you or on your behalf, either privately or by a relevant regulator or law enforcement agency.
Equifax’s third party data providers may use and disclose your personal information for the purposes of providing their 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 customers’ 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; and
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 or over the telephone 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 Services for your own personal use only.
24. 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.
25. You will pay the price of the Equifax Service specified during enrolment or in the automatic Membership renewal notice sent to you under clause 38 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 we will advise you of this and refund any payment made in accordance with this clause within a reasonable time.
26. The Membership is an annual membership and, as such, if you cancel your Membership before the annual expiry date of that Membership, unless expressly stated otherwise in these Terms and Conditions, we will refund to you a pro rata amount of any Membership Fees paid by you in advance under clause 25, for the number of full months remaining in your current Membership Period as at the date of termination. The pro rata Membership Fee for the month of the Membership Period in which the date of termination falls will not be refunded. You will continue to have access to the Service until the end of that month. For example, if you choose to terminate one week into your seventh month and you have paid your annual Membership Fee in advance, your pro rata refund will be for the five full months remaining in the Service Period, and you will continue to have access to the Service until the end of the seventh month.
27. Equifax does not guarantee the availability of its Website, the internet, email, Resolution Centre, fax or mail,or the security of communications via the internet, email, fax or mail.
28. 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 the party’s 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 you or us is affected will use their best endeavours to avoid or remove such causes of non-performance.
29. For security and related reasons you must provide us with an up-to-date and 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, alerts and subscription renewal notices. You can do this by contacting Equifax on 138 332.
30. 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.
31. 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.
32. Subject to these Terms and Conditions and paying the Membership Fee, you are entitled to receive the Service applicable to your Membership Option as specified on our Website at the time of your Membership application or renewal, for the Membership Period from the date of your Membership application or renewal.
33. Within one business day after you provide your information and pay Equifax via its website or over the telephone, Equifax will provide one copy of your credit report via the Equifax Credit and Identity portal (although it may take longerin the circumstances described in Clause 17). Equifax will provide additional credit report(s) during your Membership Period if, and if so in the manner, specified in the Services for your Membership Option referred to in clause 32.
34. 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.
35. We do not warrant that the Online Service will be fault free or available without interruption.
36. The initial Membership Fee is payable at the time you sign up for Membership and choose a Membership Option and will be the amount specified on our Website or as notified to you at the time of your application for Membership.
Termination of Membership
37. You may terminate your Membership at any time upon giving Equifax notice. You must notify Equifax by telephoning Equifax on 138 332, or through any additional means we may specify from time to time on our website or in any notice to you. Termination is subject to clause 26. 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.
Automatic Renewal of Membership
38. We will issue to the email address you have provided us, one or more automatic Membership renewal notices. The final renewal notice will be issued at least 30 days, but not more than 45 days, before the expiry of your Membership and will:
a. set out the date that your annual Membership will automatically renew;
b. set out the annual Membership Fee payable, which we may change each year at our discretion; and
c. provide you with the ability to notify us if you do not wish to renew your annual Membership.
39. To cancel your annual Membership you must notify us, by calling us on 138 332, or through any additional means we may specify from time to time on our website or in any notice to you, before your renewal date. If you do not notify us that you have chosen to cancel your Membership, 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 and you will not be charged a further Membership Fee.
40. 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.
41. Members may downgrade their existing Membership over the phone. Membership downgrades will not take effect until the Membership renewal date.
42. From time to time we may offer a special introductory Membership offer. If you take up this offer the standard Membership Fee, or the Membership Fee specified in the automatic Membership renewal notice, will apply after the introductory offer expires.
43. 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, or through such other additional means as we may specify from time to time on our website or in any notice to you, prior to the end of the free trial period. We will issue to the email address you have provided us a notice that your free trial will cease and the date the Membership Fee will become payable at least 30 days before the expiry of your free trial.
44. 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.
45. You agree that unless you notify us otherwise, whenever the Membership Fee is payable under clause 39 we can automatically charge your nominated open credit card account, 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
46. 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
47. 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
48. We may suspend or cancel your Membership immediately by giving you written notice if, in our reasonable opinion, you:
a. are misusing your Membership in a manner which has a detrimental effect on the Service or any of our other services, our systems or information, or any other customers; or
b. have materially breached the Terms and Conditions and the breach is not capable of remedy, or if capable of remedy, it is not rectified within 14 days of notice by us; or
c. have breached the Privacy Act.
49. You may cancel your Membership immediately by giving us written notice if we have materially breached these Terms and Conditions and the breach is not capable of remedy, or if capable of remedy, it is not rectified within 14 days of notice by you. If you cancel your Membership under this clause 49, we will refund the price paid by you for the Membership in respect of the current Membership Period.
Varying these Terms and Conditions
50. We may amend these Terms and Conditions at any time by giving you at least 30 days’ written notice via email ('Notice of Variation'). Any change to Membership Fees will only apply from the next Membership Period.
51. If you do not agree to be bound by the varied Terms and Conditions you may cancel your Membership by notifying us within 30 days of our Notice of Variation. If you cancel your Membership within this 30-day period, you will be entitled to a pro rata refund of that part of your Membership Fee paid by you that relates to the unexpired portion of the relevant Membership Period.
52. 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.
53. Notwithstanding anything contained in clauses 50 to 51, we do not need to notify you of variations to these Terms and Conditions to provide for additional types of Membership or additional Services, unless the additional types of Membership or additional Services result in a change in the price or otherwise detrimentally affect you.