Website Terms and Conditions

Last Updated: 9 April 2020

1. Welcome to Credfin

Credfin Australia Pty Ltd ACN 632 551 770 (Credfin) is a global financial data company that provides an aggregation platform (Platform) for acquiring financial data. We provide secure access to financial data on behalf of financial institutions, lenders, lender lead generators and credit related companies along with creating powerful customer experiences.

Credfin’s services are available through its website located at https://www.credfin.io (the Site).

2. Acceptance and Variation

  1. By accessing the Site you agree to be bound by these Website Terms and Conditions (Terms). If you do not agree to these Terms, please exit the Site and do not proceed to access it in any way.
  2. Credfin reserves the right to modify, permanently or temporarily disable or discontinue any part of the Site, including the information available through the Site and to alter, amend or withdraw any part of these Terms, without liability or further notice to you.
  3. Your continued use of the Site subsequent to a change taking place, will constitute acceptance of any alteration, withdrawal or amendment made by Credfin.

3. Intellectual Property

3.1 Copyright

  1. The information and documentation contained within the Site (including its coding, imagery, wording, design, graphics and logos) is owned by Credfin or granted to us under licence and is protected under the Copyright Act 1968 (Cth).
  2. You may only retain copies of information on the Site if it is obtained incidentally to your viewing and if kept only for your own personal reference.

3.2 Trade marks

You acknowledge and agree that you are not granted any right or licence to any of our trade marks as displayed on the Site, or the trade marks of any third party displayed on the Site.

4. Permitted Use

  1. You agree that you are only authorised to use the Site for the following activities:
    1. accessing the Platform;
    2. conducting research on our products and services;
    3. conducting investigations with respect to our business;
    4. communicating with us; or
    5. otherwise transacting with us.
  2. You must not use any part of the Site for any commercial purposes, other than transacting with us.

5. Interference

You agree that you will not:

  1. use any automated processes or means to access the Site;
  2. use any software or manual repetition that will or is likely to interfere with the Site or Platform; or
  3. attempt to cause stress or detriment to the proper working of the Site, such as by:
    1. acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;
    2. reloading or refreshing transaction pages more than once every 5 seconds; or
    3. requesting any page of the Site more than 1000 times in aggregate in a 24-hour period.

6. Priority

  1. Before providing you with access to the Platform and our services, we require you to agree to a separate supply agreement which governs the provision and receipt of our services and your access to and use of the Platform (Supply Agreement).
  2. For the avoidance of doubt, nothing in these Terms is intended as a substitution or replacement for any term expressly incorporated into the Supply Agreement.
  3. To the extent of any inconsistency, the terms of any Supply Agreement will take priority over these Terms.

7. Disclaimer

  1. No information presented on this Site is intended as financial or lending advice or as a substitute for such advice.
  2. Where information is provided about our services, the nature of the information is solely intended to describe the services in a manner that allows you to consider whether to acquire the services. Such information is in no way to be construed as advice.

8. Communications

When visiting the Site or requesting our services, you are communicating with Credfin electronically. By making such electronic communications you consent to receiving communications (including legal notices) from us electronically.

9. Consequences for violation

  1. If you violate these Terms in any way, Credfin may in its sole discretion and without notice to you:
    1. acting in any way likely to cause an unreasonable strain to the infrastructure of the Site;
    2. reloading or refreshing transaction pages more than once every 5 seconds; or
    3. requesting any page of the Site more than 1000 times in aggregate in a 24-hour period.
  2. You agree that monetary damages may not be sufficient where your actions cause damage to Credfin, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case you irrevocably consent to Credfin obtaining injunctive or other equitable relief against you as a consequence of your violation.
  3. Where your violation of these Terms causes damage, loss or expense to Credfin, to the fullest extent permissible by law you indemnify Credfin against any such damage, loss or expense suffered or incurred.
  4. You hereby release and hold harmless Credfin from all damage, loss, expense, cost or liability that you may suffer as a result of Credfin taking any of the actions contemplated in this clause 9.

10. Third party sites

  1. The Site may contain links to third party websites outside the control of Credfin (Linked Sites). Credfin takes no responsibility for content contained in any Linked Sites and does not endorse any aspect of these third-party services. Such links are provided for convenience only by Credfin. You use these Linked Sites entirely at your own risk.
  2. Credfin has no control over Linked Sites or the content within them. Credfin cannot and does not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal or inoffensive.
  3. Credfin does not assume any responsibility or liability for the actions, products, services and content of any Linked Site. Credfin advises that users should carefully review each Linked Site’s privacy policy and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed via the Site, you are entering a separate agreement with that third party, and expressly agree that Credfin is not a party to that transaction.
  4. You may link the Site without Credfin’s consent but must not deep link the Site. Any linking by you will be entirely your responsibility and at your expense. By linking, you must not alter any of the Site's contents including any intellectual property notices and you must not frame or reformat any of Credfin pages, files, images, text or other materials.

11. Liability

Credfin shall not be held liable for any losses or damages caused by your use of the Site, whether directly or indirectly, nor will it be liable for any damages suffered by you because of your use of any website linked to or from the Site.

12. User’s risk

  1. Credfin will use reasonable care and skill to ensure that the Site and Platform are free from defect and harmful code. Internet services are subject to interruption, break down, viruses, delays, interception, interference and other errors involving electronics, communications networks, computer systems, servers, providers, computer equipment, hardware and software.
  2. It is our recommendation that you maintain up-to-date anti-virus, scanning and security software designed specifically for your device where that device is used to access the Site.
  3. Credfin shall not be held liable for any losses or damages caused by your use of the Site, whether directly or indirectly and your use of the Site is entirely at your risk.

13. Liability

  1. The Site and Platform are delivered on an “as is” and “as available” basis. In this context Credfin does not warrant that the Site will be available, bug-free, error-free or uninterrupted.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. All due care is taken in ensure that the Site is free of any virus, worm, trojan horse and malware. Notwithstanding, Credfin is not responsible for any damage to your computer, device or systems which arise in connection with your use of the Site or any Linked Site.
  4. Credfin undertakes all due care with information which you provide, when accessing the Site and will store such information in a secure manner in accordance with its then current privacy policy. Credfin, however, does not warrant and cannot ensure complete security of any information which you may provide. Accordingly, information you transmit to CredFin is entirely at your own risk.
  5. From time to time, Credfin may host third party content, such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and Credfin is not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.
  6. To the extent permitted by law, Credfin will not be liable to you or any related party of yours for damages of any kind arising from your use of the Site.

14. Indemnity

You will at all times indemnify and keep indemnified Credfin and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with, or in respect of, your use of the Site or any breach of these Terms by you.

15. General

15.1 Jurisdiction

  1. This Agreement is governed by the law in force in the State of Queensland, Australia.
  2. Each party submits to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.
  3. Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland, Australia.

15.2 Severability

Any provision of the Terms that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms which shall remain in force.