Thank you for enquiring about YOUR COMPANY PTY LTD. This online application service has been provided so we can open your YOUR COMPANY PTY LTD account as quickly as possible. To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact us on 1300 50 13 12
CreditorWatch Pty Limited ACN (144 644 244) (“CreditorWatch” or “we”, “our” or “us”) is bound by the Privacy Act 1988 (as amended) (“Privacy Act”), including the Australian Privacy Principles. This Privacy Policy sets out how we treat the personal information that we collect, use and disclose and our procedures regarding the handling of personal and sensitive information, including the collection, use, disclosure and storage of information, as well as the right of individuals to access and correct that information.
From time to time, we may revise or update this Privacy Policy or our information handling practices. If we do so, the revised Privacy Policy will be published on our website www.creditorwatch.com.au
CreditorWatch may collect personal information in order to conduct our business, to provide and market our services and to meet our legal obligations. By using our website or our services, or by providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy.
The types of personal information we may collect and hold includes (but is not limited to) personal information about:
Personal information that we collect and may hold include:
You are not obliged to provide personal information to CreditorWatch. However in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.
In some circumstances, you may provide to us, and we may collect from you, personal information of a third party. Where you provide the personal information of a third party, you must ensure that the third party is aware of this Privacy Policy, understands it and agrees to accept it.
If it is necessary to provide specific services to you, we may collect sensitive information about you. Under the Privacy Act, “sensitive information” includes but is not limited to information or an opinion about an individual’s racial or ethnic origin, religious belief, or criminal record and also includes health information about an individual. However, we will only collect sensitive information from you if you agree to provide it to us, you authorise us to obtain it from a third party or where the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order or otherwise where the collection is not prohibited under the Privacy Act. We will only use sensitive information in accordance with the Privacy Act and for the purpose for which it is provided.
We collect personal information in the following ways:
We may also collect information about you from third party suppliers and government database services.
We store personal information in computer storage facilities and paper-based files. We take steps to protect your personal information against loss, unauthorised access, use modification or disclosure. Some examples of the steps we take to protect your personal information include:
Information that may identify you as a user may be gathered during your access with our website.
Our website includes pages that use ‘cookies’. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer. The cookie assists us in identifying what our users find interesting on our website.
A cookie will be allocated each time you use our website. The cookie does not identify you as an individual in our data collection process, however it does identify your Internet Service Provider.
You can configure your web browser to refuse cookies. If you do so, you may not be able to use all or part of our website.
CreditorWatch, or its related body corporates in the ATI Group, may collect some personal information that is a government related identifier.
Personal information from identity documents may be provided to the document issuer or official record holder via third party systems for the purpose of confirming your identity, for example, the Australian Government’s Document Verification Service (DVS). Where CreditorWatch does collect government related identifiers, they are maintained on a separate database for audit and compliance purposes.
CreditorWatch may use or disclose a government related identifier where:
We collect, hold, use and disclose personal information for a variety of business purposes including:
We also collect, hold, use and disclose your personal information to:
If you do not wish to disclose your personal information for the purpose of direct marketing or you would like to opt-out of receiving direct marketing communications, you can do so by contacting the CreditorWatch Privacy Officer using the contact details set out below, or by following the instructions to unsubscribe which are contained in a communication that you receive from us.
The ATI Group and Related Companies
The ATI Group includes our parent company Australian Technology Innovators Pty Ltd, LEAP Legal Software Pty Ltd, InfoTrack Group Pty Ltd and their subsidiaries, CNCNA Pty Ltd (trading as eCompanies), InfoTrack Limited (NZ), InfoTrack Group Limited (UK) and its subsidiaries, and LotSearch Pty Ltd. Different companies within the ATI Group provide different services.
The ATI Group may share information with our integration partners to ensure the smooth running of the services which we, and they, provide. These partners include Sympli Pty Ltd, Practice Evolve Group Pty Ltd and its subsidiaries, Legal Software Developments Pty Ltd and its subsidiaries, and other partners as mentioned on our website and updated from time to time. At times, we may need to provide personal information to them to help them run their businesses or for reporting purposes. We may also share your personal information within the wider Australian Technology Innovators Pty Ltd group companies (ATI Group) and with our service providers for the purposes outlined above.
Third Party Service Providers
We may disclose your personal information to third party service providers who assist us in providing the services you request, including public authorities and providers of information services.
We may also disclose your personal information to third parties who work with us in our business to promote, market or improve the services that we provide, including:
We may also combine your personal information with information available from other sources, including the entities mentioned above, to help us provide better services to you.
Where we do share information with third parties, we require that there are contracts in place that only allow use and disclosure of personal information to provide the service and that protect your personal information in accordance with the Privacy Act. Otherwise, we will disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main purpose for which we collected the information and you would reasonably expect us to do so.
As a credit reporting agency, we may share your credit information in accordance with industry consumer credit reporting standards including:
These standards ensure that your personal information in relation to your consumer credit is managed regarding:
We do not presently disclose personal information to any organisations located overseas; however, we do disclose information in Australia, for the purposes described above, to some multinational organisations that are located both in Australia and overseas, including the United Kingdom, the United States and New Zealand.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.
CreditorWatch is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Policy, CreditorWatch is able to process your Personal Information in accordance with this Privacy Policy.
In providing services to you, CreditorWatch may make use of a number of automated processes using your Personal Information and your activity on our site as tracked by us, in order to provide more tailored and relevant services to you.
In addition to your rights set out above, you may update or rectify any of your Personal Information that we hold about you, in the manner described in the “How you can access your personal information” paragraph above.
You have a right to request access to your personal information which we hold about you and to request its correction. You can make such a request by contacting the CreditorWatch Privacy Officer using the contact details set out in this policy.
We will respond to any such request for access as soon as reasonably practicable. Where access is to be given, we will provide you with a copy or details of your personal information in the manner requested by you where it is reasonable and practicable to do so.
We will not charge you a fee for making a request to access your personal information. However, we may charge you a reasonable fee for giving you access to your personal information.
In some cases, we may refuse to give you access to the information you have requested or only give you access to certain information. If we do this, we will provide you with a written statement setting out our reasons for refusal, except where it would be unreasonable to do so.
We will take such steps (if any) as are reasonable in the circumstances to make sure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant.
If you believe the personal information we hold about you is inaccurate, irrelevant, out of date or incomplete, you can ask us to update or correct it. To do so, please contact us using the contact details listed below.
If we refuse your request to correct your personal information, we will let you know why. You also have the right to request that a statement be associated with your personal information that says you believe it is inaccurate, incomplete, irrelevant, misleading or out of date.
If you have any questions about this Privacy Policy, if you wish to correct or update information we hold about you or if you wish to request access or correction of your personal information or make a complaint about a breach by CreditorWatch of the Australian Privacy Principles (including the way we have collected, disclosed or used your personal information), please contact:
CreditorWatch Privacy Officer GPO Box 4029 Sydney NSW 2001 privacy@creditorwatch.com.au 1800 738 524
We will acknowledge and investigate any complaint about the way we manage personal information as soon as practicable. We will take reasonable steps to remedy any failure to comply with our privacy obligations. If you are unhappy with our handling of the complaint, you may contact the Australian Information Commissioner.
Last update: 29 May 2019
At XYZ PTY LTD, we take privacy very seriously. We have updated our privacy policy (Policy) to ensure that we communicate to You, in the clearest way possible, how we treat personal information. We encourage You to read this Policy carefully. It will help You make informed decisions about sharing Your personal information with us. The defined terms in this Policy have the same meaning as in our Terms of Use, which You should read together with this Policy. By accessing our Website and using our Service, You consent to the terms of this Policy and agree to be bound by it and our Terms of Use.
CreditorWatch is a provider of credit reporting services. The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information. CreditorWatch may collect personal information directly from You when You:
You can always choose not to provide Your personal information to CreditorWatch, but it may mean that we are unable to provide You with the Service.
Through Your use of the Service, CreditorWatch may also collect information from You about someone else. If You provide CreditorWatch with personal information about someone else, You must ensure that You are authorised to disclose that information to CreditorWatch and that, without CreditorWatch taking any further steps required by applicable data protection or privacy laws, CreditorWatch may collect, use and disclose such information for the purposes described in this Policy. This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, CreditorWatch’s identity, and how to contact CreditorWatch. Where requested to do so by CreditorWatch, You must also assist CreditorWatch with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
CreditorWatch collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, CreditorWatch may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. CreditorWatch will only use Your personal information for the purposes described in this Policy or with Your express permission. It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the forgot passwordprocess.
By using the Service, You agree that CreditorWatch can access, aggregate and use non-personally identifiable data CreditorWatch has collected from You. This data will in no way identify You or any other individual. CreditorWatch may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to CreditorWatch’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy. Currently our servers are located in Australia, primarily by Global Switch Pty Ltd. (Global Switch), and Your personal information will be routed through, and stored on, those servers as part of the Service. Global Switch complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates. By providing Your personal information to CreditorWatch, You consent to CreditorWatch storing Your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia, it will remain within CreditorWatch’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to CreditorWatch, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
CreditorWatch is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Symantec Corporation, and all Data transferred between You and the Service is encrypted. However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment. We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
CreditorWatch will only disclose the personal information You have provided to us to entities outside the CreditorWatch group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service. CreditorWatch will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that CreditorWatch may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information. The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, CreditorWatch does not currently “disclose” personal information to third parties located overseas.
If you choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by CreditorWatch staff. Your credit card details are encrypted and securely stored by Data Vault provided by Commonwealth Bank Of Australia to enable CreditorWatch to automatically bill your credit card on a recurring basis. You should review Data Vault by Commonwealth Bank of Australia to ensure you are happy with it.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at privacy@creditorwatch.com.au CreditorWatch will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber). We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, CreditorWatch utilises “cookies”. A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer. We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services. You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website. We do not respond to or honour “Do Not Track” requests at this time.
CreditorWatch sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. CreditorWatch will remove You at Your request.
The Service may allow You, the Subscriber, or another Invited User within the relevant subscription to the Service to transfer Data, including Your personal information, electronically to and from third-party applications. CreditorWatch has no control over, and takes no responsibility for, the privacy practices or content of these applications. You are responsible for checking the privacy policy of any such applications so that You can be informed of how they will handle personal information.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
CreditorWatch reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. CreditorWatch will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
XYZ PTY LTD a web based debtor information service. This Site is owned and operated by XYZ Pty Ltd ACN 144 644 244 (”” or “We”). All usage of this site, its Debtor Information, and the services provided through this Site (“Services”) is subject to these Term of Use (“Terms”). These Terms apply to all Users of this Site (“You”). CreditorWatch may own or operate other Web sites that contain different terms of use.
Please read these Terms carefully. You should print or make an electronic copy of the Terms for your records.
By using this site you are entering into a binding contractual relationship with us and hereby agree to these Terms. If we amend the Terms in any material way, we will post a notice on this Site. Your continued use of the Site will signify your acceptance of the change in the Terms. The current version of the Terms will normally be available for your reference from a link at the bottom of the home page of this Site
1. DEFINTIONSThe following definitions shall apply to the Terms:
(a) “Affiliate” means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with the Person;
(b) “Authorised Representative” means any director, officer, employee, agent, or other representative of CreditorWatch or an Affiliate of CreditorWatch;
(c) “Debtor Information” means information provided by you or other users of the Site relating to the Creditor worthiness of customers of businesses.
(d) “Marks” means trademarks, service marks, logos and names and titles, of and associated with CreditorWatch or an Affiliate of CreditorWatch;
(e) “Person” means any individual, partnership, limited liability company, corporation, trust, estate, association, or any other legal or commercial entity; and
(f) “User” means any other Person using this Site.
2. DESCRIPTION OF SITE
This Site is intended to provide a Debtor Information service to allow you or third parties to add, amend, and upgrade your Debtor Information on the Site.
3. GENERAL AND ADMINISTRATION OF USE OF SITE AND THE SITE
3.1 You agree to use this Site in accordance with these Terms, as it may be modified from time to time. Your will at all times comply with all applicable federal, state, and local government laws and regulations when you use the Site.
3.2 The Site, and all related computer systems, procedures, and databases created, operated, maintained or accessed by us and our Affiliates in connection with providing the Services, contain proprietary and confidential information of substantial economic value to us and our Affiliates. You shall not make any unauthorized use, misuse, or disclosure of such information. 3.3 The accuracy, completeness, and timeliness of all information provided to us by you via the Site are your sole responsibility. You are responsible for all activities occurring under your accounts that are due to your conduct or inaction. You are responsible for verifying the accuracy of transactions as entered including Debtor Information and for information as received.
3.4 You warrant and represent to us that
(a) you have obtained all necessary authorisation to enter into, and be bound by, these Terms either for yourself or on behalf of your firm, company or other organisation, as applicable, and to request each transaction requested by you;
(b) you have obtained any necessary licences and consents to use any intellectual property of any third party and you must provide us with a copy of any such licence or consent on request;
(c) You are least 18 years of age and have the legal capacity to enter this Agreement;
(d) publication of Debtor Information on the Site by you will not, at any time, infringe any intellectual property right, moral right, privacy right or any right of confidence or other right of any person;
(e) you have obtained the consent of all individuals whose personal information is included in any Debtor Information to:
(i) the collection of that personal information by us;
(ii) the use and disclosure of that personal information in accordance with the our Privacy Policy;
(f) all accessible Debtor Information will be current and accurate, and will not mislead or deceive users of the Site;
(g) each website represented by any URL shown or embedded in the Debtor Information for your business:
(i) (i) is controlled and operated by your business or its independent contractor;
(ii) will be functional and accessible at all times;
(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to the Site;
(h) publication of the Debtor Information will not violate (or cause CreditorWatch to violate) any applicable law, regulation, standard or relevant industry code;
(i) you have attempted to recover the outstanding amount prior to registering a default and you have notified the Debtor that the Debtor Information will be passed onto and used by CreditorWatch;
(j) each transaction requested by you relates only to services that you are entitled to receive through the Site; and
(k) you are using the Site from within the Australia.
(l) in any default you register the debt is a minimum of AUD$150
(m) in any default you register the debt must exceed your payment terms by a minimum of 60 days.
3.5 We are authorized, without further inquiry, to provide services and to release Debtor Information in accordance with a transaction request received by us if we receive apparently proper identification. We are not responsible for verifying apparently proper identification you provide to us. Notwithstanding the foregoing, we may require partial or full documentation or other verification before effecting any transaction whenever we, in our sole discretion, deem obtaining such documentation or other verification to be appropriate or desirable and shall not be liable for any loss due to a delay resulting from such request. You acknowledge that we may exercise this discretion more readily in certain cases, such as meeting our obligations under any applicable anti-money-laundering or similar law, regulation, or policy.
3.6 If you discover that you have obtained access to information on the Site that you do not have authority to access, you agree to immediately terminate such access and inform us.
3.7 The prices advertised on the Site are for Debtor Information services. Prices on some items may differ from those charged for other order entry methods. Prices and the availability of items are subject to change without notice. We reserve the right to limit provision of the services, including the right to prohibit provision of the services or access to the Site at our discretion.
3.9 By requesting information through the Site, You consent to the transmission of the requested information (which may include mobile telephony unique identifier information) through the Site and assume all risks of such transmission.
3.10 CreditorWatch will record any Creditor card details you provide to facilitate payment for the Services for future use. CreditorWatch will encrypt such Creditor card details as specified in its privacy policy.
4. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree you are bound by any affirmation, assent, or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
5. RESTRICTIONS ON USE
5 .1 Unless you have obtained our prior written permission, you may not do any of the following or permit or procure any other Person or Affiliate to:
(a) copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by CreditorWatch to its Users In particular, you will not disclose Debtor Information uploaded by users of the Site to non users of the Site.
(b) use promote or otherwise encourage the use of this Site or any Debtor Information for any illegal or unauthorised purpose;
(c) infringe or violate the rights of third parties, including copyright, trademark, patent, rights of privacy, or any other proprietary or contractual right;
(d) transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorised communication;
(e) copy, modify, or display our name, trademarks, or logo or those of any Affiliate of ours, or any text, graphic images, or other Debtor Information from this Site;
(f) use devices (including software) that are designed to provide repeated automated access to this Site or probe, scan, or test the vulnerability of any system or network related in any way to this Site;
(g) with the exception of web browser software, or other applications approved by Us, use any software, program, application or any other device to access or log on to the Site, including our computer systems, or to automate the process of obtaining, downloading, transferring or transmitting any Debtor Information from Site, including our computer system;
(h) include any Mark, the name of any of our personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any User and/or website and the Site;
(i) collect or store personal information about other Users of this Web site;
(j) transmit any material that contains any computer code or files that might interrupt, limit or interfere with the functionality of any computer software or hardware of telecommunications equipment;
(k) use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit;
(l) identify CreditorWatch or other users of the Site as the source of any Debtor Information;
(m) create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed our then standard agreement for the granting of permission to establish such a link.
5.2 The license to use the CreditorWatch membership logo is immediately revoked upon, but not limited to: cancellation of your account; when your account fees are more than 7 days overdue; when you have received written instructions (mail or email) to cease using the membership logo.
6. SITE MONITORING
6 .1 While we may monitor any use of this Site, we are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so.
6 .2 We and our Affiliates and Authorised Representatives may monitor your use of this Site to evaluate the quality of service you receive, your compliance with these Terms, the security of this Site, or for other lawful reasons.
6 .3 You hereby waive and release us from any cause of action or other right with respect to us or our Affiliates or Authorised Representatives concerning any monitoring activities so undertaken.
7. DISCLAIMERS
7.1 The materials on this site and any materials made available on this site are provided in the state received by us and without warranties of any kind, either express or implied. CreditorWatch disclaims all warranties, express, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the fullest extent permitted by law.
7.2 CreditorWatch and its Affiliates do not warrant or makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. You acknowledge that the materials in this site could include false or irrelevant information, technical inaccuracies, and/or typographical errors.
7.3 Links in this Site, which link to other sites on the World Wide Web are not under the control of CreditorWatch or any Affiliate or Authorized Representative of CreditorWatch and none of such persons is responsible for the Debtor Informations of any linked site or any link contained in a linked site, or any changes or updates to such sites.
7.4 CreditorWatch expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
7.5 CreditorWatch makes no warranty that:
(a) the operation of the site will meet the user’s requirements or expectations;
(b) access to the site will be uninterrupted, timely, secure, free of unauthorized code or other harmful components, or free of error or malfunction;
(c) the results that may be obtained from the use of the site will be accurate or reliable; or
(d) errors or defects will be corrected and/or corrected within a specified period of time.
8. LIMITATION OF LIABILITY
8.1 CreditorWatch and its Affiliates or Authorized Representatives shall not be liable in tort, contract or otherwise (and as permitted by law, product liability) to users or any third party unless due to willful misconduct or gross negligence.
8.2 CreditorWatch and/or its Affiliates or Authorized Representatives shall not be liable to you any User or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) that may result from the use of, or the inability to use, the site, whether in an action of contract, negligence or other tort, arising out of or in connection with the use or performance of, or the information available on, the site. This limitation of liability applies even if any of them has been advised of the possibility of such damage.
9. INDEMNIFICATION
9 .1 You agree to indemnify, defend, and hold harmless CreditorWatch and any Affiliate or Authorised Representative of CreditorWatch from any claim, demand, loss, costs or expense, including attorneys’ fees and costs, made by any person arising out of your violation of these Terms or any other Person’s rights hereunder, including violation of any intellectual property or privacy right.
9 .2 CreditorWatch may, at its own expense, participate in any matter subject to indemnification by you, and you shall not settle any such matter in a manner prejudicial to the rights of CreditorWatch without the written consent of CreditorWatch, which shall not be unreasonably withheld.
10. ACCURACY PRIVACY AND SECURITY
10 .1 Please click on this link to Creditorwatch.com.au Privacy Policy to find out how we use and protect the personal information of certain Users that may be transmitted to this Site,
10 .2 If you believe that:
(a) the security of this Site has been breached; or
(b) your information on the Site may have been used without your authorisation; or
(c) this Site contains any inaccurate information, infringes any law or these Terms,
please notify us by email legal@creditorwatch.com.au
11. INTELLECTUAL PROPERTY
11 .1 We grant you the right to display, copy, distribute, download, and print portions of the Debtor Information for the purpose of conducting business with CreditorWatch, provided that you comply in all respects with this Clause 12.1. This permission terminates automatically if you breach any of these Terms.
11 .2 You acknowledge and agree that any and all current and future intellectual property rights associated with the Site, including such rights with respect to any name or mark that we may develop for, or use in connection with, the Site, is, and will be owned by us or their respective owners. Nothing in these Terms gives or is intended to give you or any User any claim for ownership of or any rights in such intellectual property.
11 .3 The following restrictions apply to the content of the Site:
(a) You agree that the content of the Site is our property or the property of our customers (as the case may be) and is subject to protection by Australian. and international intellectual property laws;
(b) Subject to these Terms, and except as expressly indicated otherwise, you agree not to download, copy, store, manipulate, reformat, modify, adapt, reproduce, retransmit, distribute, circulate, display, publish, distribute, perform, sell, rent, print or create derivative works from, or make any other use of the our content or Debtor Information (or any portion thereof) without our prior written approval.
(c) you may only use and download materials that are made available on the Site for the your own internal use;
(d) you may not use, distribute, modify, transmit, or post any our content or Debtor Information obtained from the use of the Site or any functions of the Site for public or commercial purposes without our express written permission including but not limited to reselling access to any such materials or to redistributing or facilitating the redistribution of any such materials for sale to others;
(e) you may not delete copyright or other intellectual property rights and proprietary notices from printouts of electronically accessed materials; and
(f) you hereby assign to us copyright in any document owned by you which you uploaded onto the Site.
11.4 Nothing contained in these Terms or this Site grant any license or right to use any of the Marks displayed on this Site. You agree not to use the Marks.
11.5 You agree that any material, information, and ideas that you transmit to CreditorWatch for inclusion in the Site shall be treated as non-confidential, non-proprietary, and free from any moral right. CreditorWatch shall be under no obligation of any kind with respect to such transmissions and shall be free to reproduce, use, disclose, and distribute such transmissions to others in any manner including any manner that does not reveal your identity.
12. MODIFICATIONS, SUSPENSIONS AND TERMINATIONS
12.1 If you breach any of these Terms or we anticipate you will breach any of these Terms, we may terminate any right granted to you in these Terms.
12.2 We may suspend or terminate your access to the Site at any time without giving notice or a reason for such suspension or termination.
12.3 We may modify or discontinue all or any portion of the Site or any function made available thereby or any document uploaded onto the Site by you at any time without prior notice.
12.4 We may block access to the use of all or any portion of the Site or any function of the Site without prior notice in the event we elect to discontinue such service on a temporary or permanent basis or in the event that you breach this Agreement.
12.5 We reserve the right to block access to all or any portion of the Site if we have reason to believe that the general security and/or integrity of the system is being threatened or compromised.
12.6 The Site may be unavailable at times due to no fault of ours.
13. JURISDICTION AND APPLICABLE LAW
13.1 Unless otherwise specified, we control and operate this Site from our offices within Australia. The Services and products described and information provided through this Site are directed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to law or regulation or that would subject us or any of our Affiliates or Authorised Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so at their own initiative, and are responsible for compliance with applicable local laws or regulations.
13.2 The laws of the State of New South Wales will govern the Terms and any dispute of any type that may arise between a User and CreditorWatch and its Affiliates and Authorised Representatives concerning or arising out of the use of this Site.
13.3 If either party takes legal action relating to this Terms, both of us consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of New South Wales with respect to such matters.
14. MISCELLANEOUS
14.1 If any of these Terms are held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
14.2 The heading of the provisions hereof are for descriptive purposes only and will not modify or qualify any of the rights or obligations set forth in such provisions.
15. CANCELLING YOUR ACCOUNT
15.1 Customers paying by auto-debit of their credit card can cancel their account at anytime by contacting our customer service department on 1300 50 13 12.
15.2 Customers who are billed via invoice can cancel their account by providing 30 days notice. A subsequent invoice will be issued with for the remaining 30 days of access to CreditorWatch. To cancel please contact our customer service department on 1300 50 13 12.
15.3 Failure to pay a subscription fee. Until your account has been cancelled, you will be liable for all outstanding subscription fees, including but not limited to, subscriptions fees that were issued but were not able to be charged to a subscribers credit card or via direct deposit.
15.4 When two months of fees have not been paid a final notice letter and an invoice will be issued. If you fail to pay the invoice within 14 days we will have the right to register a payment default on CreditorWatch against your credit file.
15.5 Free trials - When paying by credit card you will automatically be charged at the end of your free trial and every 30 days thereafter unless you cancel your account.