Terms and Conditions
These Terms and Conditions (Terms) govern your use of our website creditcheck.com.au (our Site), the services offered by CREDIT CHECK PTY LTD (ACN 647 680 635) trading as Credit Check (we, us, our), and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at support@creditcheck.com.au before engaging our services.
Credit Check provides ‘debt management services’ (as defined in the National Consumer Credit Protection Regulations 2010) in accordance with the National Consumer Credit Protection Regulations 2010. Credit Check has been appointed as a credit representative (ACR 543507) of QED Credit Services Pty Ltd (ACN 147 272 295) trading as Pursuit Broker Services (ACL 387856). Credit Check is registered with AFCA, our member number is 109955.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.
1. Acceptance of Work
1.1 We will provide you with a copy of these Terms and with a quote (Quote) before you engage any of our services, as listed in clause 3 (Services).
1.2 By paying any amount to us in respect to the Services or otherwise instructing us to proceed with any of the Services in writing, you acknowledge that you have read and understood the Terms and the Quote and agree to be bound by them, and all our other policies.
1.3 Should you request an increase in the level or type of Services, after receiving the initial Quote, we will provide you with an amended quote and you agree to be bound by the amended quote together with our Terms, as at that date.
2. Variations to Terms
2.1 We reserve the right to update and change these Terms from time to time. We will provide you with notice of the changes and an updated copy of the Terms.
2.2 You will be subject to the Terms in force at the time when you engage our Services, unless agreed otherwise by both parties in writing.
3. Services
3.1We offer the following services:
(a). a debt management service (Debt Management Service);
(b). a credit check service (Credit Check Service);
(c). a credit repair service (Credit Repair Service);
(d). allowing you to purchase a credit check of a third-party (Credit Check of a Third-Party Service); and
(e). any other service offered in the future (together referred to as our Services).
3.2 Further details of our Services are outlined in our Quote, and also can be provided to you by telephone or email upon request.
3.3 You must be at least 18 years old in order for us to provide our Services to you.
3.4 Our Services do not include removing bankruptcy listings on your credit report.
3.5 You acknowledge and agree that we do not provide legal representation in relation to Services. We recommend that if you are involved in any litigation, insolvency, bankruptcy, tax or any other related matters, that you seek your own independent legal advice. If we are required to engage a legal representative on your behalf, such costs will be borne by you.
4. Additional Work
4.1 Any requested additions to our Services, made after you have received and accepted our Quote (Additional Work) will incur additional charges or fees and we will provide a further quote for Additional Work (Further Quote).
4.2 You agree that the Fee for Additional Work shall be as stated in the Further Quote and payable in accordance with clause 6
4.3 All Additional Work must be submitted and approved by both parties in writing by email.
4.4 In the event changes are made to your credit report as a result of our Services, we will provide you with a credit check after 30 days. If you wish to obtain a credit check earlier than 30 days from the removal or another credit check in any other circumstances, we will charge an additional fee for this.
5. Fees
5.1 The fees for any of the Services you engage us to provide are as indicated on the Quote provided to you (Fees).
5.2 Our investigation fee is the fee we charge for the investigation aspect of our Credit Repair Service (Investigation Fee).
5.3 For the Credit Repair Service and the Debt Management Service, we charge a fee for the successful completion of the Service (Success Fee) as follows:
a. our success fee for the Credit Repair Service is the fee, which will be listed in the Quote provided to you, which we charge for successfully removing one default, judgment or credit enquiry from your credit report (Credit Repair Success Fee); and/or
b. our success for the Debt Management Service is the fee we charge for successfully negotiating one debt with your creditor, as follows:
(i) negotiating a settlement or refinance of your debt that results in a decrease in the amount of the debt to be repaid;
(ii) negotiating a settlement or refinance of your debt that results in a decrease in the amount of interest to be repaid; and
(iii) negotiating a settlement or refinance of your debt that results in a decrease in any fees or penalties to be paid; or
(iv) negotiating a settlement or refinance of your debt that results in a reduction of any fees owing to the creditor;
(v) negotiating a settlement that puts you in a favourable or better situation, including negotiation with the creditor that they will not take any legal action against you and negotiating an extension of time for repayment of your debt, to be calculated as follows:
(vi) a flat percentage fee as outlined in the Quote; or
(vii) In the event that a flat fee cannot be calculated, you will be charged based on the number of hours taken to complete the Service, charged at an hourly rate as indicated in the Quote.
5.4 All Fees for our services are in Australian Dollars (AUD).
5.5 All Fees are inclusive of GST (if applicable) unless indicated otherwise.
5.6 We reserve the right to modify, cancel and limit any Quote or Services at any time.
6. Payments
6.1 We will send you invoices for our Services and you agree to pay the invoices in the manner stated in the Quote
6.2 Our invoices become payable immediately upon receipt.
6.3 If applicable, we may require you to provide us with your credit card details or make payment through electronic transfer upon the receipt of our invoice, or provide us with or authorise us to set up a direct debit system linked to your nominated bank account or credit card, so we can process the payment of the relevant Fees automatically, when it becomes payable as noted in the Quote.
6.4 We will provide you with an online form in which you can provide your bank account or credit card details with authority to direct debit or credit card details, and will withdraw the relevant Fees when it becomes due and payable, from your bank account via direct debit, or from your credit card, whichever you provide us.
6.5 When our Fees are payable in accordance with the Quote, you grant us authorisation to deduct the Success Fee and any other costs or fees owing in accordance with these Terms from the credit card you provide us or via the direct debit arranged with you previously for this purpose.
6.6 Please note regardless of which payment method you choose, our Success Fee is payable for each and every default listing, judgment or credit enquiry removed from your credit report.
6.7 You acknowledge that the time it takes to successfully remove a default, judgment or credit enquiry from your credit report varies depending on the circumstances of your matter. In light of this, you agree that we have at least 12 months to fulfil our Services.
6.8 We may in our sole discretion, depending on your financial circumstances, permit you to pay our Fees in a number of instalments over a certain period of time.
6.9 You agree to ensure sufficient funds are available in your nominated bank account to meet any account withdrawals made by us.
6.10 If payment is defaulted or not received, you authorise us to debit any outstanding funds (including any dishonour fees or additional charges incurred by us) from your nominated account without need for notification at a future date.
6.11 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
6.12 We endeavour to work with clients who have financial difficulties to ensure actions such as those listed above do not happen. If you are having difficulties or require a payment plan, please contact us.
6.13 You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
6.14 To the fullest extent permitted by law, all deposits, partial-payments and Fees paid are non-refundable after we commence our Services.
6.15 In circumstances where you have paid the Success Fee and we are unable to remove a default, judgment or credit enquiry from your credit report after a 12 month period from commencement of our Services, it is in our sole discretion to refund the amount paid for the Success Fee and you agree that we will retain the Investigation Fee.
6.16 ` for whatever reason, the default, judgment or credit enquiry listing is re-listed on your credit report, after we have arranged for it to be removed, we will have to start the process again and charge you a new Fee depending on which payment method you choose.
6.17 IIf you fail to pay our Fees when due, as indicated on the invoice, you acknowledge that we may charge you a late payment fee and we reserve the right to suspend or terminate the delivery of our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.
7. Payment on Success
7.1 This clause 7 only applies if you are a consumer client and we have notified you in writing:
(a) for Credit Repair Services, that we will accept deferred payment for all Fees until after successfully removing a default, judgment or credit enquiry from your credit report; or
(b) for all Debt Management Services, (Payment on Success).
7.2If this clause 7 applies:
(a) for Credit Repair Services:
(i) you will only be liable to pay the Investigation Fee and the Success Fee for each default, judgment or credit enquiry removal after the default, judgment or credit enquiry has been removed from your credit report; and
(ii) clause 6.15 does not apply. For the avoidance of doubt, all other clauses in clause 6 continue to apply;
(b) for the Debt Management Services, you will only be liable to pay the Debt Management Services after the creditor confirms that it agrees with the negotiated settlement or refinance of the debt; and
(c) for the avoidance of doubt, each applicable fee becomes due and payable at the resolution of the Service for each debt, irrespective of whether there are other Services to be completed for the same debt or there are other Services to be completed for other debts.
7.3 This clause 7 does not apply to any disbursements, costs or out-of-expenses that are payable to any third parties. For example, any costs associated with court registry costs or information request fees. Third-party costs and expenses are payable by you before or at the time the costs are incurred.
7.4 We will be entitled to terminate the Payment on Success arrangements in accordance with this clause 7 by giving you written notice, if we terminate these Terms in accordance with clause 8 or because of you breach of these Terms, or you, your employees, agents or authorised representatives:
(a) do not accept our recommendations;
(b) provide any information, make a representation or warranty that is incorrect, incomplete, misleading or untrue;
(c) make any payment that is required to a creditor as part of a negotiated settlement or refinance of the debt;
(d) fail to provide or withhold any information in a timely manner;
(e) fail to take any action reasonably required by us;
(f) fail to follow our instructions or our requirements from you;
(g) decide for any reason to discontinue the use of our Services;
(h) seek assistance from a third-party offering the same or similar Services to us;
(i) contact the creditor directly to attempt to resolve your issue which is subject to the Services;
(j) fail to comply with your obligations in accordance with clause 13 below;
(k) breach these Terms;
(l) terminate these Terms; or
(m) conduct any negligent or wiful act or omission.
7.5 If the Payment on Success arrangements are terminated in accordance with clause 7.4 above, the following is immediately due and payable:
(a) the Investigation Fee;
(b) any other amounts owing under these Terms; and
(c) a reasonable sum for any other work or Services we have completed for which no charge or payment has been previously made, based on the hourly rate.
8. Unreasonable Requirements Policy
8.1 We may, from time to time, identify you to be making excess, unfair or unreasonable communications with us in respect of the following (Unreasonable Requirements):
(a) requiring communication with us (telephone calls, messages, videoconferences and meetings) during unreasonable hours (for example weekends or after business hours), for an unreasonable amount of time or excessively;
(b) consistently or excessively requiring communication with us for issues where such communications are excessive or not reasonably required;
(c) requiring the completion of work or that we attend to work during unreasonable hours (for example weekends or after business hours) or within an unreasonable timeframe; and/or
(d) any combination of the above.
8.2 Upon determining that, in our reasonable opinion you are making Unreasonable Requirements, we will notify you of our determination in writing or by email.
8.3 In the event that we make such a determination and notification, each party shall each have the right to terminate this agreement by giving fourteen (14) days notice in writing to the other party.
8.4 You may only terminate this agreement pursuant to this clause 8.3 if such notice is accompanied by payment constituting full and final satisfaction of all outstanding invoices to us.
8.5 If this agreement is terminated pursuant to clause 8.3:
(a) the termination shall become effective upon service of such notice and payment of all outstanding invoices fourteen (14) days after receipt by us; and
(b) clause 16.8 applies.
8.6 In the event that neither party elects to terminate this agreement pursuant to clause 8.3, we reserve the right to do the following upon giving fourteen (14) days’ notice in writing to you:
(a) suspend provision of the Service for such period of time that we think fit according to the circumstances; and/or
(b) charge you an amount in excess of Fees (based on our usual Hourly Rate) for each hour which we shall deem that you have exceeded fair and reasonable communications or requirements for work or support.
8.7 The Unreasonable Requirements Policy aims to ensure that we are able to provide quality service to all our customers in an effective and timely manner.
9. Security and Charge
9.1 In consideration of us agreeing to provide you the Services, you charge all of your rights, title and interest (whether joint or several) in any land, realty or other assets including personal property capable of being charged, owned by you either now or in the future (Property), to secure the performance of your obligations under these Terms, including by:
(a) lodging a caveat over any real Property; and
(b) registering a security interest over the Property in accordance with clause 10 below.
9.2 You indemnify us from and against all costs and disbursements we incur, including legal costs on a solicitor and own client basis incurred in exercising our rights under this clause.
9.3 You irrevocably appoint us and each director of our directors as your true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause, including, but not limited to, signing any document on your behalf.
10. Personal Property Securities Act 2009 (“PPSA”)
10.1 In this clause “financing statement”, “financing change statement”, “security agreement”, and “security interest” has the meaning given to it by the PPSA.
10.2 Upon assenting to these Terms, you acknowledge and agree that these Terms constitutes a security agreement for the purposes of the PPSA and creates a security interest in all Property.
10.3 You undertake to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which we may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 10.3 (a)(i) or 10.3 (a)(ii);
(b) indemnify, and upon demand reimburse us for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Property;
(c) not register a financing change statement in respect of a security interest without our prior written consent; and
(d) not register, or, permit to be registered, a financing statement or a financing change statement in relation to the Property in favour of a third party without our prior written consent.
10.4 Both parties agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms.
10.5 You waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3) (d) and 132(4) of the PPSA.
10.6 You waive your rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
10.7 Unless we otherwise agreed to in writing, you waive your right to receive a verification statement in accordance with section 157 of the PPSA.
10.8 You must unconditionally ratify any actions taken by us under clauses 10.3 to 10.7.
10.9 Subject to any express provisions to the contrary nothing in these Terms is intended to have the effect of contracting out of any of the provisions the PPSA.
11. Disclaimers
12. Registering Your Details
12.1 When you engage our Services, you may be asked to create an account to our online portal.
12.2 You must provide accurate, complete and up-to-date information, as requested, and it is your responsibility to inform us of any changes to your information.
12.3 We may at any time request a form of identification to verify your identity.
12.4 If you create an account to our online portal, you acknowledge and agree that:
(a) you are solely responsible for protection and confidentiality of any password or member identification that may be issued to or subscribed for by you from time to time (Password);
(b) you will not reveal (or cause to be revealed through any act or omission) your Password to any other person;
(c) you will immediately notify us if your Password is lost or becomes known to any other person; and
(d) you are solely responsible for all access to and use of the online portal via your Password, whether such access or use is by you or any other person.
(e) The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;
12.5 To the extent that you provide personal information, we will treat such information strictly in accordance with our Privacy Policy
12.6 You must ensure the security and confidentiality of your online portal account details, including any username and/or Password. You must notify us immediately if they become aware of any unauthorised use of your registered details.
13. Your Obligations
13.1 Our Services will be based on the information provided and the circumstances made known to us. We rely on you to bring to our attention as soon as possible any material and relevant information and any changes to that information.
13.2 During the delivery of our Services, you agree that you must:
(a) instruct us fully and respond to our enquiries in a timely fashion;
(b) respond promptly to our communications in relation to the Services;
(c) provide, within a reasonable amount of time, accurate, true, complete and current information or documentation reasonably required by us to perform the Services; regarding our Credit Repair Service, not contact your creditors directly while engaging our Services;
(d) follow our reasonable instructions or requirements from you; and
(e) act in good faith communicate with us in a professional and reasonable manner.
13.3 When providing our Services, we may request that you provide us with responses, feedback, completed questionnaires and other information so we can best deliver our Services. You agree that you will provide any such information in a timely manner. Any delays in receiving this information may result in information not being provided by us to you.
14. Confidentiality
14.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms or is required to give effect to these Terms;
(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding these Terms; or
(f) if the party to whom the information relates has consented in writing before the disclosure.
14.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient’s obligations under this clause.
14.3 Definitions Confidential Information means confidential information of either party which includes, but is not limited to:
(a) information specifically designated by the parties as being confidential;
(b) developments relating to existing and future products/services;
(c) projects and services marketed or used or to be marketed or used, or rejected, by the parties and persons or companies dealing with the either party; and
(d) information relating to the general business or financial operations of either party, including:
(i) credit reports;
(ii) any personal or business details relating to clients of either party;
(iii) profit and loss statements;
(iv) financial reports or documents;
(v) balance sheets;
(vi) client lists and any personal or business details relating to clients of either party and/or either party’s business;
(vii) costing and selling price information, including pricing, credit policies, credit procedures, payment policies, payment procedures and systems;
(viii) trade secrets, commercial, leasing and finance plans and processes, technical designs or specifications, and know-how;
(ix) business and marketing plans and strategies;
(x) current activities and future plans relating to all or any matters of development including the timing of all such matters;
(xi) agreements and arrangements with third parties;
(xii) third party information disclosed in confidence;
(xiii) contractual and technical information; and
(xiv) these Terms and notes concerning any of the above;
14.4 This clause survives termination or expiry of these Terms and Conditions
15. Copyright and Trade Mark Notice
15.1 All material on this Site, or otherwise delivered by us via our Services, including (but not limited to) documents, templates, information, text, graphics, information architecture and coding (Our Content), is subject to copyright. While you may browse or print Our Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you’d like to use, copy or reproduce it. Modification of Our Content for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
15.2 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
15.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trade marks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
15.4 Nothing contained on our Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
15.5 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
15.6 This clause survives termination or expiry of these Terms.
16. Right to Suspend, Terminate and Refund
16.1 We reserve the right to suspend or terminate your use of the Site or our Services generally if you breach these Terms, as determined by us in our sole discretion.
16.2 To the extent permissible by law, if you engage us to provide our Credit Repair Service and we are not in breach of these Terms, you cannot terminate these Terms or our Services until after a resolution of your matter and our Success Fee has been paid (where payable) or the time frame for which we may provide our Services (depending on your payment method) has expired.
16.3 If you engage us for any other Services these Terms terminate on the completion of our Services.
16.4 Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
16.5 Any initial deposits or partial payments paid to us for the provision of our Services to you are non-refundable.
16.6 Final payments are non-refundable after the completion of our Services, except in accordance with clause 6.15 and 16.4.
16.7 Any refund requests will be assessed on a case-by-case basis, in accordance with the costs associated with each of the Services delivered by us, or otherwise where we determine in our sole discretion that genuine value has not been received or is not able to be received by you.
16.8 If these Terms are terminated for any reason prior to the completion of the Services, you must pay to us a reasonable fee for any work we have performed prior to the termination and which no previous charge has been made, based on the hourly rate. Such fee is due and payable immediately and you grant us authorisation to deduct the fee from the credit card you provide us or via the direct debit arranged with you in accordance with these Terms
17. Non-Exclusivity
17.1 You acknowledge and agree that we may at all and any times provide our Services to other clients in the same or similar industry
as you.
17.2 We do not provide our Services on an exclusive basis.
17.3 We will however endeavour to protect the Confidential Information you provide us and in accordance with our privacy policy.
18. Discounts, Promotions and Offers
18.1 From time to time, we may offer the opportunity to purchase our Services at a discounted or promotional price, subject to these Terms.
18.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
19. GST
19.1 If anything supplied under or in connection with these Terms constitutes a taxable supply for the purposes of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Law), the supplier may recover from the recipient an amount on account of GST (as defined in the GST Law).
19.2 The amount on account of GST is:
(a) equal to the value of the supply calculated in accordance with the GST Law multiplied by the prevailing GST rate; and
(b) is payable:
(i) at the same time and in the same manner as the recipient is required to pay or provide monetary consideration for the supply to which the additional amount relates; or
(ii) where the recipient is not required to pay or provide monetary consideration for the supply, in accordance with GST Law to the recipient of the supply.
20. Liablity is Limited
20.1 We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.
20.2 Without limiting the generality of clause 20.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.
20.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
20.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
20.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
20.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
20.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms
21. Your Indemnity
21.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) our observance of these Terms;
(b) your use of our Services;
(c) any claim made against us or you by a third party arising out of or in connection with the provision of our Services and/or
these Terms;
(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the provision of our Services and/or these Terms;
(e) arising out of our use of any plans, specifications, drawings, reports, documents, information, images, logos, slogans, or other material supplied or performed by a third party including any party engaged by us or engaged at our suggestion or recommendation;
(f) arising out of any works undertaken, goods supplied or services performed by a third party, including any party engaged by us or engaged at our suggestion or recommendation;
(g) in respect of any amounts, costs, penalties, charges, expenses or losses arising out of the performance of our obligations hereunder, including legal costs in respect of the foregoing on an indemnity basis;
(h) arising from us acting on instructions or information received from you and your officers, employees or agents;
(i) arising in connection with any certification, reporting requirements, claims for exemptions or refunds (if any), additions for late payment, interest, penalties and other expenses (including legal expenses on an indemnity basis) that may be assessed against us on account of you;
(j) as a result of any breach of these Terms by you or your officers, agents, employees or representatives including, but not limited to any failure to pay any fees on time, or any breach in connection with our Confidential Information or Intellectual Property Rights and any breach or noncompliance with any warranty, covenant or obligation contained in these Terms; and
(k) the enforcement of these Terms.
21.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
21.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our Services.
21.4 This clause survives the termination of these Terms.
22. Relationship of the Parties
22.1 Our relationship with you is that of independent contractor under these Terms
22.2 Nothing in these Terms will make any party the employee, partner, agent, legal representative, trust or joint venturer of the other for any purpose whatsoever, nor does it grant either party any authority to assume or to create any obligation on behalf of or in the name of the other.
22.3 Neither us nor you have (nor may they represent that they have) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.
22.4 Subject to these Terms, we acknowledge that we are solely responsible for controlling the manner in which we provide the Services.
22.5 This clause survives termination of these Terms.
23. No Disparagement
24.1 We will not be in breach of these Terms or liable to you for any Loss incurred by that other party as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
24.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
24.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
24.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
24.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency; however, does not include a lack of funds.
(h) arising from us acting on instructions or information received from you and your officers, employees or agents;
(i) arising in connection with any certification, reporting requirements, claims for exemptions or refunds (if any), additions for late payment, interest, penalties and other expenses (including legal expenses on an indemnity basis) that may be assessed against us on account of you;
24.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
25. Link Websites, Affiliates or Sponsors
25.1 Any links to other websites on our Site are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
25.2 As affiliates of certain services, we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our Services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
25.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
26. Severability
26.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
27. No Assignment
27.1 You cannot transfer or assign your rights in accordance with these Terms, without our prior written consent.
27.2 We may assign or transfer our rights and obligations under these Terms at any time.
28. Sub-Contracting
28.1 We are free to sub-contract any of our obligations under these Terms
29. Binding on Successors
29.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
30. Complaint and Dispute Resolution
30.1 If you have a compliant or dispute in relation to our Services, you must notify us in writing of the nature of the complaint. You acknowledge and agree that you will not publish your complaint online on any platform or website, including Google review pages, before completing the process outlined in this clause 30, and you will act in accordance with clause 23.
30.2 In the case of complaints or claims against us, all notices are to be provided to support@creditcheck.com.au.
30.3 We will deal with your complaint in a professional and timely manner and in accordance with our dispute resolution policy which is available on our website.
30.4 If an issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides fair and independent financial services complaint resolution that is free to consumers. Website: www.afca.org.au Telephone: 1800 931 678 (free call) Email: info@afca.org.au In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001
30.5 If an issue has not been resolved to your satisfaction, then for all other complaints or disputes where clause 30.4 does not apply, either party must refer the complaint or dispute to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
30.6 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
30.7 If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
30.8 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
30.9 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
30.10 Notwithstanding anything to the contrary, if the National Consumer Credit Protection Act 2009 (National Credit Laws) applies to these Terms, any dispute will be resolved in accordance with any requirements under the National Credit Laws.
30.11 This clause survives termination of these Terms.
31. Applicable Law
31.1 These Terms shall be construed in accordance with and governed by the laws of Queensland, Australia. You consent to the exclusive jurisdiction of the courts in Queensland, Australia to determine any matter or dispute which arises between us.
32. Your Feedback
32.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
32.2 If you have questions or comments regarding this Site or our Services, please email us at support@creditcheck.com.au
These Terms were last updated in 15 November 2024
