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1.1 This agreement applies when we, Equifax Australia Information Services
and Solutions Pty Limited ABN 26 000 602 862 (“Equifax”) supply
any of our standard information services (our “information services")
to you, our customer. Additional terms may apply to some of the services we
supply – we will tell you if additional terms apply to any service
1.2 Our information services include our consumer and commercial credit
reporting services; our verification, scoring and consulting services; or
any of our other data services.
1.3 In this agreement, the Privacy Act 1988 (Cth) is referred to as
“the Privacy Act” and includes instruments and codes made under
the Act. Terms used in this agreement that are defined in the Privacy Act
have their defined meaning, unless the context otherwise requires.
1.4 In this agreement:
2.1 We will supply our information services to you after we accept your
request for the particular services.
2.2 Where we supply our information services to you online, the services
are supplied over communication links and other networks, and the
availability of the services rely on the availability of those links and
networks. While we will do our best to make sure the online information
services are available, we are not responsible if the links or networks are
unavailable at any time, and we do not guarantee that services supplied
online will be continuously available.
2.3 If we have given you a timetable or time estimate for providing our
information services, we will use reasonable endeavours to meet that
timetable or time estimate. We will let you know if we require you to take
any action to assist us to meet the timetable or time estimate and will
seek agreement from you before any action is undertaken.
2.4 You agree to comply with this agreement and follow any procedures and
other instructions we provide when you use our information services, for
example our Default Information Guide and instructions in documentation as
to how to treat certain information. If we change any of our procedures or
instructions, or if we introduce new ones and we think those changes will
affect you, we will let you know in reasonable time taking into account the
nature of those changes.
2.5 To access our services by direct link you will need to ensure that your
system complies with our most up to date version of our system
specifications to allow direct linking. You are responsible for any system
changes you need to make and agree to make those changes within 6 months of
us notifying you of a new version.
2.6 You agree to make available to us one contact person within your
organisation or one contact for each branch of your organisation (and to
notify us if they leave). That person will be responsible for liaising with
us about the requirements of this agreement.
2.7 You agree to keep any username, password or other identifiers we give
you to use our information services confidential and secure and to manage
your users’ access to our services. You agree that any identifiers we
give you will not be transferred between users or disclosed to any third
party and you will tell us if they are no longer required. You are
responsible for all use of those identifiers. If we ask you to, you agree
to stop using those identifiers or use any replacement identifiers we give
3.1 You can only use the reports and information we supply you for your own
internal business use and for the purpose that we supply them for. You must
not re-sell, re-package or otherwise re-use our information in any other
3.2 If we deliver reports electronically, you can save them onto your
system, or print them for your file. If you access our services by direct
link and we deliver information to you by a stream of data you can copy the
information onto your system and reprocess it, for example as part of your
credit approval process. You agree that you will not reproduce, modify or
adapt our reports and information in any other way.
3.3 We have copyright in the compilation of the information we use to
supply our information services to you, and in the reports we supply to you
when you use our information services.
3.4 We have developed information technology, software and documentation
that we may use to provide the information services to you, and we have
copyright and other rights in those items. You agree that you will not copy
them, modify them, adapt them, reverse engineer them or infect them with
4.1 This section 4.1 only applies to you if you are a credit provider (by
assignment or otherwise) under the Privacy Act or a debt collector. In
return for using our Equifax consumer and/or commercial credit reporting
4.2 We collect information from you when you request our information
services, such as the information you enter in a search enquiry. You
acknowledge that the quality of our services and information returned to
you relies on the information you provide us in your request for the
particular service. You agree to provide any notifications to individuals
or obtain any consents that are required under the Privacy Act before you
request our information services.
4.3 Once you give information to us, we can use that information to supply
our information services to you and others, and as otherwise permitted by
the Privacy Act. You grant to us a non-exclusive, perpetual, irrevocable,
transferable, royalty-free licence to use and sublicense the whole or any
part of that information for those purposes. You warrant that your
provision of information and the use by us of that information in
accordance with this agreement will not infringe the intellectual property
rights or other rights of any person. Because our information services rely
on the information we collect, we do not usually remove any information
from our systems, subject to our obligations under the Privacy Act.
Information is updated where it is proven (to our satisfaction) not to be
accurate, up to date or complete.
4.4 You agree to make sure that all the information you give us is
accurate, up to date, complete and not misleading.
5.1 This section 5 only applies to you if you use our Equifax consumer
credit reporting services, in addition to section 4.
5.2 If you use our consumer credit reporting services you agree:
5.3 You agree to ensure that credit information you disclose to us is
accurate, up-to-date and complete, and to protect credit reporting
information disclosed to you under Part IIIA of the Privacy Act from
misuse, interference and loss, and from unauthorised access, modification
or disclosure in compliance with section 20N and section 20Q of the Privacy
Act respectively and any other relevant or applicable standard.
5.4 You agree to co-operate upon request by us in the conduct of audits in
accordance with applicable Law, relating to your compliance with section
5.3 above and the steps you take in relation to requests to correct credit
reporting information or credit eligibility information required by the
Privacy Act; to provide access to your systems and documentation to enable
an independent person approved or nominated by us, acting reasonably, to
conduct those audits at your expense; and to provide us with the outcome of
5.5 You agree to co-operate with us and to deal with and address any
suspected breaches arising from those audits.
5.6 Nothing that we do in connection with those audits should be construed
as providing legal or compliance advice or any imprimatur in respect of
your data management practices or compliance with the Privacy Act. This is
and remains your responsibility.
5.7 You acknowledge and agree that:
5.8 You agree that if you are a credit provider:
5.9 If you are a credit provider that is not a signatory to the PRDE, then:
5.11 Where you are required to contribute Negative Information for any of
the three Tier Levels under section 5.8 above, you must contribute the
following types of credit information: (i) identification information; (ii)
default information; (iii) payment information; and (iv) new arrangement
6.1 You must pay us:
We will tell you our current fees and charges before you use an information
service, for example in our price list or proposal. We will send you
invoices for all our fees and charges.
6.2 We may change our fees and charges from time to time, upon 45 days
prior notice to you.
6.3 If you do not pay us by the due date for payment, we may:
6.4 You agree to keep confidential the terms and conditions of supply of
our services to you, including our fees, charges and pricing arrangements,
under this and any other agreement between us, except to the extent that
such terms are generally known to the public, other than as a result of
your failure to comply with the obligations of confidentiality in this
agreement continues, and in the case of an annual subscription,
automatically renews each year for another year (unless expressly agreed to
be a longer or shorter period as the case may be), unless and until either
of us terminates it at any time by giving 30 days written notice to the
other. Any outstanding charges for our services up to and including the
date of termination, will be payable by you upon cancellation. Any
subscription fees will be payable (in the case of annual subscription fees,
on a pro rata basis) up to and including for the full month in which the
date of termination falls,
7.2 If this agreement is terminated, sections 3, 4.3, 5.4, 5.5, 6.3, 6.4,
7, 8, and 9 survive termination.
7.3 We may withhold, suspend or terminate any of our information services
to you immediately
8.1 When we provide the information services to you, we rely on information
provided to us by others. While we always aim to provide quality
information to you, you understand that we do not independently check all
information supplied to us, or the compilation of information by our
systems, and that information may become out of date.
8.2 You understand that you are responsible for assessing the value of the
information we provide you, and for the business decisions that you make,
regardless of whether you base them on the information we supply.
8.3 To the extent we are able to at Law, we exclude all statutory or
implied representations, conditions, warranties and terms relating to the
information services or this agreement. We do not exclude any such
representations, conditions, warranties or terms to the extent we are
prohibited by Law from doing so (including under the Australian Consumer
8.4 We are not liable to you or to anyone else for:
however such loss, damage or liability arises or might arise (including in
contract, tort (including negligence), under statute or in equity) if it
were not for this section. Our total aggregate liability for any loss or
damage not excluded under this clause 8.4 is limited to the amount of fees
and charges paid by you for the information services under this agreement
in the 12 months immediately prior to the event giving rise to the
liability. This exclusion and limitation do not apply to the extent the Law
prohibits us excluding or limiting our liability (including under any
statutory or implied representation, condition, warranty, term or guarantee
that we are unable to exclude by Law).
8.5 Our total liability for any loss or damage under any statutory or
implied representation, condition, warranty, term or guarantee that we are
unable to exclude by Law (including under the Australian Consumer Law), is
limited to the extent permitted by Law, to us re-supplying the services to
you, or, at our option, us refunding to you the amount you have paid us for
the information service to which your claim relates.
8.6 You indemnify us for any loss we suffer or liability we incur because:
8.7 You agree to provide us with reasonable co-operation (at your own
expense) in the handling of disputes, complaints, investigations or
litigation involving a third party, that arise as a result of your use of
our services including disputes, complaints, investigations or litigation
that arises out of or relates to default information or credit information
you have given us. Your co-operation includes but is not limited to
providing us in a timely manner with relevant documents, access to relevant
employees or any other reasonable assistance that may be required in the
course of dealing with such matters, and may in some circumstances involve
you being joined as a party to any litigation as well as or instead of us.
8.8 In this section 8, references to "we" and "us" include our officers,
employees, contractors and agents.
9.1 You agree to comply with the Privacy Act (whether it expressly applies
to you or not), including in relation to the collection, use, disclosure,
quality, storage, security and destruction or de-identification of personal
information, and all other Laws that apply to the information that we
provide to you, or you provide to us, or to your use of our information
services (and to maintain documentation to demonstrate your compliance).
This includes the following matters:
9.2 Where we disclose personal information to you (including to any person
at your direction) outside Australia, you must:
9.3 If we ask you to, you agree to provide us, on not less than 5 business
days’ notice, with access to your systems and/or documentation so
that we can check your compliance with this agreement and in some cases
aspects of the Privacy Act. You are not required to provide information to
us to the extent that doing so would cause you to breach the confidence of
a third party or would cause you to breach the Privacy Act.
9.4 We may add or withdraw any service and modify or otherwise change any
9.5 We may vary the terms and conditions of this agreement at any time:
9.6 Neither of us is liable for a failure or delay in performing an
obligation under this agreement to the extent the failure or delay is
because of an event beyond our reasonable control. If either of us is
affected in this way, each of us will use our reasonable endeavours to
minimise delays or interruptions.
9.7 Where we have used the word "includes" or "including" or "for example",
these words do not have a limiting effect.
9.8 Where we have referred to any legislation or a provision of any
legislation, it includes that legislation or provision as from time to time
re-enacted or otherwise amended.
9.9 We will send bills and notices to either the last postal address, fax number
or email address you have given to us. You must tell us if you change any
9.10 You agree you will not transfer your rights or obligations under this
agreement to any other person without first getting our written consent. We
will not unreasonably withhold our consent.
9.11 No delay or failure to exercise a right under this agreement prevents
the exercise of that or any other right on that or any other occasion.
9.12 If any term of this agreement is unlawful and unenforceable, it will
be severed from this agreement and the rest of this agreement remains in
9.13 This agreement supersedes any other agreement you have with us for our
information services unless we agree otherwise in writing.
9.14 This agreement is governed by the Laws of New South Wales and both
parties submit to the non-exclusive jurisdiction of the courts of that