CreditorWatch Terms and Conditions
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
The 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 licenses 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;
(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.
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.
5.3 The number of searches you can perform (credit files you can access) is limited to those outlined in your subscription plan or contract. If not specified then the limit is 10% of your monitoring limit. Eg: If you are able to monitor 100 entities, you can perform 10 searches.
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.
7.1 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 .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 .2 Information contained on this Site or information electronically generated by this Site may contain information that has be provided to CreditorWatch by third parties.
(a) CreditorWatch has not verified the accuracy, currency, reliability or completeness of the information and makes no representation or warranty as to their accuracy, currency or reliability.
(b) CreditorWatch will have no liability to any persons for inaccuracy, omission, defect or error on CreditorWatch or information electronically generated by CreditorWatch.
(c) The Search Extracts contained in the ASIC System and ASIC Registers are based on information provided to ASIC by third parties.
(d) ASIC has not verified the accuracy, currency, reliability or completeness of the Search Extracts and makes no representation or warranty as to their accuracy, currency or reliability.
(e) ASIC will have no liability to any persons for inaccuracy, omission, defect or error in the Test Database, ASIC System or ASIC Registers.
10 .3 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 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.
14.1 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 canceled, 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.
16.1 Users are liable for all purchases made within their CreditorWatch account regardless of accidental purchases. The User acknowledges that all charges are incurred by the User are incurred as a principal and not as agent for any other party and agrees to pay all charges by the due date. In the event of a debt being handed over to a collections agency, you will be liable for all the legal costs associated with the collection of this debt. This is an essential term of this Agreement.
16.2 All additional products outside of the monthly/annual subscription are labelled with a price, indicating that an additional fee will be incurred for purchasing/ordering.
16.3 The absence of any product cost within a quote or proposal does not signify that the product is included in a subscription.
16.4 A list of purchases are available within the Purchases section accessible via the My Account tab. This includes the product type, amount, date of purchase and the user responsible for the order.