Website Terms of Use

Introduction

Welcome to the Credit Savvy app ("App") or the Credit Savvy website ("Website").

The Website (under the domain name www.creditsavvy.com.au) and the App are operated by CBA New Digital Businesses Pty Ltd ABN 38 633 072 830 and Australian Credit Licence 516487 trading as Credit Savvy Australia ("Credit Savvy", "We", "Us" and "Our"). The following terms and conditions ("Terms of Use") apply to the entire Website and the App and any subsequent versions of the Website and the App. The Website and the App provides users, including visitors browsing the Website or the App and registered members of the Website and the App ("You" and "Your") with the ability to receive details about their credit score as well as information and tools to compare a range of products, credit providers and services ("Service").

Please read through these Terms of Use carefully prior to accessing or using the Website or the App. Your access or use of the Website or the App indicates that You agree to abide by, and be bound by, these Terms of Use, the Credit Savvy Privacy Policy and any other related policies, notices, representations or additional terms applicable to the Website or the App. If You do not accept these Terms of Use, please leave the Website (or, in the case of the App, uninstall it) and discontinue use of Our Services immediately.

To be eligible to use Our Services via the Website or the App, You must be 18 years of age or older, hold an Australian drivers licence, or Australian passport, or Medicare card, or hold a foreign passport with an Australian visa ("Eligibility Criteria"). We may vary the Eligibility Criteria from time to time. By registering as a member with Us, You confirm that You are authorised to provide Your personal information. Your personal information will be checked with the document issuer or official record holder via third-party systems for the purpose of confirming Your identity.

When accessing or using the Website or the App, You agree that information featured on the Website or the App is for personal use only and may not be sold, redistributed or used for any commercial purpose, without Our prior express and written consent. You may download material from the Website or the App for Your personal, non-commercial use only, however all of Our intellectual property rights must continue to be upheld.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website or the App for establishing, maintaining, advancing or reproducing information featured on the Website or the App, or in any other publication, except with Our prior express and written consent. You may not use the Website or the App in any manner or for any purpose which is unlawful or in any manner which violates these Terms of Use or any of Our rights.

You must only use the App with a compatible Apple iPhone or Android device that satisfies the requirements listed in the Apple App Store or Google Play.

Changes to these Terms of Use

We reserve the right to change these Terms of Use and make changes to the content and layout of the Website or the App, at any time. Any modifications will be effective immediately, without any prior notice to You and We have no liability for any costs, losses or damages of any kind arising as a consequence of any such change. Any subsequent access to, or use by You, of the Website or the App will constitute an acceptance of any varied or modified Terms of Use. We encourage You to periodically review these Terms of Use to become aware of any changes that may have occurred. If We make a change that You are not happy with, You should:

  • If using the App, cease using and uninstall the App immediately; or
  • If using the Website, cease using the Website immediately.

The Website or the App includes information relating to banks, credit unions, credit providers, mortgage brokers, and other organisations or persons in connection with the products or services displayed on the Website or the App ("Product Provider"). We reserve the right to determine which Product Provider, products or services are included on the Website or the App and do not accept responsibility for any such information provided in respect of any Product Providers, products or services on the Website or the App. We recommend You view the relevant Product Provider websites before making any decision in relation to those Product Providers, products, or services.

No advice Service

We do not provide personal financial, legal or tax advice, or credit assistance of any form. Any content featured on the Website or the App is of a general and informative nature only. You must consider Your own individual financial circumstances before acting upon any of the information featured on the Website or the App. We strongly encourage You to seek independent advice when considering applying for any product or service featured on the Website or the App.

You will deal with the relevant Product Provider directly in relation to the acquisition of any product or service featured on the Website or the App. We do not assist with Your application for any product or service and the credit-related information We provide You does not guarantee acceptance or eligibility for any product or service.

Appointment as access seeker

The Website or the App allows You to obtain automatic updates provided by credit reporting body Experian Australia Credit Services Pty Ltd ABN 12 150 305 838 ("Experian") regarding Your Experian credit score ("Credit Score") and other credit-related information held by Experian. This information is delivered through the Website or the App and presented to You in Your Credit Savvy dashboard and credit report summary ("Credit Report Summary"). To request access to a copy of Your full free Experian credit report, please contact Experian directly at www.experian.com.au.

Your credit information may include the following (where applicable):

  • Your personal identification information, including Your name, contact details and date of birth ("Personal Information");
  • Your consumer credit liability information;
  • Your repayment history information;
  • A statement that an information request has been made about You by a third-party;
  • The type of consumer credit and amount of credit sought in an application to a lender and in connection with which a lender has made an information request;
  • Your default information;
  • Your payment information;
  • Your new arrangement, court proceedings or personal insolvency information; and
  • Any other such information as set out in section 6N of the Privacy Act (Cth) 1988 ("Privacy Act") (together, "Credit Information").

By requesting access to Your Credit Score, or Credit Report Summary, You consent and authorise Us to act as Your agent and access seeker for the purposes of the Privacy Act and the Privacy (Credit Reporting) Code (Cth) 2014, to request Experian to provide You with Your Credit Report Summary and this authority continues until such time as You cancel Your membership to the Website or the App. If You have accounts linked to multiple email addresses, please ensure You cancel each account separately.

These are the ways Your information is handled for the purpose of providing Our Service:

  • Your Personal Information and details provided in accordance with Our Eligibility Criteria is used by Us, Our agents and Our service providers to verify Your identity, including with various government entities;
  • Experian will collect, use, disclose, transfer from Us or otherwise handle Your Personal Information for use within Experian's credit reporting body processes;
  • Experian will generate Your Credit Information and deliver it to Us to be accessed by You on the Website or the App; and
  • We will collect and/or store Your Credit Information and any related data from Experian for the purposes of collecting, using, disclosing, transferring or otherwise handling Your Credit Information and any related data consistent with these Terms of Use. This includes incorporating Your Credit Information into Your Credit Report Summary and providing You with access to this information on the Website or the App.

For more information on how We collect, use, hold, exchange and protect Your Personal Information, please refer to the Credit Savvy Privacy Policy.

Credit Score

Your Credit Score is calculated and produced by Experian. Our Service does not reflect or capture any data contained in any other credit reporting body. Please be aware that Your Credit Score may be different from a credit score obtained elsewhere. The way We present Your Credit Score and other credit-related information about You may differ from the way it is presented if requested directly from Experian. However, the information is based upon a subset of the same underlying data.

Comparison functionality

The products and services featured on the Website and the App are not comprehensive or representative of the market and do not cover all products, credit providers or services available. You will be presented with offers and paid for marketing by Product Providers and third-parties on the Website or the App.

The products and services on the Website or the App may be sorted by You. We do not recommend or endorse any products or services offered by Product Providers. The display or order of products shown on the Website or the App is not an indication of product ranking, suitability or eligibility for a particular Product Provider, product, or service. This applies irrespective of whether We receive any commission, referral fee or payment from a Product Provider.

Each product or service displayed on the Website and the App will be subject to its own terms and conditions set by the Product Provider. You should obtain information directly from a Product Provider before making a decision to apply for, or acquire, a product or service featured on the Website or the App.

Accuracy and availability of the Website or the App

We collect information and data featured on the Website and the App directly from Product Providers and from Our own independent research. We will make every reasonable effort to ensure that this information remains accurate and up-to-date and will correct any errors or omissions as soon as practicable after being notified of them. We have no liability for any costs, losses or damages of any kind arising as a consequence of any such errors or omissions.

We receive Your Credit Information from Experian and rely on Experian to provide Us with accurate and up-to-date credit-related information about You. We will not be held liable for any incorrect or incomplete information or data provided to Us by Experian or for any loss You may suffer by relying upon the accuracy or completeness of Your Credit Report Summary or any other information provided on the Website or the App.

You acknowledge that temporary interruptions to the Service and Website or the App may occur from time to time. We will not be held liable for any loss You suffer as a result of not being able to access or use the Website or the App or the Service.

Ratings and Your comments

The Website and the App may contain a feature that enable You, if You are a member, to provide a rating or review of the products listed on the Website or the App.

When You submit a review, You agree that any rating:

  • Can only be submitted for a product that You have acquired;
  • Is about a Product Provider which You are a customer; and
  • Is an accurate reflection of Your experience as a customer.

Without notice to You, We may remove reviews or ratings You submit, if We have a valid reason. Reasons to remove content include, but are not limited to, circumstances where We believe that You are:

  • Misusing Your membership with Us;
  • Breaching these Terms of Use;
  • Engaging in fraudulent or unlawful behaviour; or
  • Submitting ratings which We consider to be "spam".

All ratings represent the view of the member submitting the content and not that of Credit Savvy. Credit Savvy does not endorse the views expressed by members.

Intellectual property

All material featured on the Website or the App, including any content, email communications, underlying source code and software, is owned, or used under license, by Us, and is protected by copyright, patent, trademark and any other intellectual property laws.

The trademarks featured on the Website or the App (whether registered or unregistered) are primarily Our trademarks or those of Our affiliates. Other trademarks may also be featured on the Website or the App and are trademarks of their respective owners. Such trademarks must not be used or modified in any way without Our prior express and written consent or the consent of the relevant affiliate or third-party owner.

You agree not to infringe any intellectual property rights owned by Us. We reserve all of Our rights in this regard.

By posting or submitting ratings or reviews, You grant Us a royalty-free, perpetual right to use, reproduce, modify, publish, distribute, create derivative works from, communicate to the public, or use for any purpose Your rating in any form or media. You waive any moral rights that You may have in that content.

Licence for Our Service

By giving You permission to access and use the Website or the App, We grant You a non-exclusive, revocable, non-transferable licence to use the Website or the App for personal use only on a server controlled by Us, for the sole purpose of accessing and obtaining information from the Website or the App, subject to these Terms of Use.

You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from the Website or the App including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by Us. We reserve the right to add, remove or vary any source code or software.

Your contact information

If You elect to register as a member with Us, You will need to provide Us with accurate, complete and up-to-date Personal Information and information in accordance with the Eligibility Criteria to gain access to the Services featured on the Website or the App. If You change Your personal details (for example, name or email address) You must tell us straight away.

Our collection and use of Your personal information is governed by the Credit Savvy Privacy Policy. Your use of the Website or the App will be taken to be an acceptance of the terms contained in the Credit Savvy Privacy Policy and a consent to the collection, use and disclosure of Your information in the manner set out in these Terms of Use and in the Credit Savvy Privacy Policy.

We will send You correspondence to the contact details You provide to Us. If Your contact details have changed, You can update these details in the Profile Details section on the Website or the App. We might contact You periodically or prompt You to update Your contact details when You log into the Website or the App. If Your contact details are not correct or needs updating, let Us know straight away so We can assist You in updating Your information.

If Your mailbox rejects Our email messages, We may turn off notifications for Your account. You will still be able to log in and You can turn notifications back on in Your Account Settings.

Your login

When registering as a member with Us, You must provide a login in the form of a valid email address and password, or in the form of a valid Facebook, Google, or Apple Account ("Login Details"). We recommend that You keep Your Login Details confidential. You are entirely responsible if You do not maintain the confidentiality of Your Login Details and any actions of people You allow to access Your Login Details. When the Website or the App is no longer in use, please ensure You log out of the system.

As an additional security measure for certain transactions (such as changing your email address or password), You will also need to undertake additional verification and authentication steps when prompted.

Please email Us if You become aware of any unauthorised use of Your Login Details or any other breach of security. For Our contact details, please refer to the 'Contact Us' section in these Terms of Use.

Using fingerprint, face or iris recognition technology for access

When logging in or using certain functionality in the App, You may be given the option of using Your fingerprint, facial recognition, or similar biometric identifiers ("Biometric Identifier") in order to authenticate You when this becomes available and if supported by Your device. If You choose to use a Biometric Identifier access for the App, You will still need Your password and must set and protect Your password in the manner outlined in these Terms of Use. Additional verification and authentication steps will also still be required in order for You to undertake certain transactions.

You must not activate, or keep activated, the Biometric Identifier access setting if You store any Biometric Identifiers on Your device other than Your own Biometric Identifiers. If You do allow anyone else's Biometric Identifiers to be stored on Your device, and if You activate the Biometric Identifier access setting (despite this being against these Terms of Use) You will be deemed to have authorised that person to use the App on Your behalf and You agree that You will be responsible for that person's requests and transactions using the App.

If You or someone else changes a Biometric Identifier access settings on Your device, then (as a security measure) the Biometric Identifier access to the App will become disabled and You will be prompted to enter Your password to log into the App. You should only re-enable the Biometric Identifier access setting if You are sure that the changes that were made to Your Biometric Identifier access settings were made by You.

Biometric Identifier functionality is technology provided by third-parties such as Apple, Google and mobile phone manufacturers. Accordingly, We are not responsible:

  • For any malfunction to the Biometric Identifier functionality; or
  • If those third-parties make any changes to Biometric Identifier technology that impacts the way You access the App.

You will still be able to access the App using Your password.

Fees and charges

There are currently no fees charged by Us for using the Website or the App.

Any cost associated with downloading, accessing, or using the Website or the App is dependent on the costs charged by Your internet service provider and Your mobile service provider that You use to access and use the Website or the App. These costs are Your responsibility.

Termination, cancellation and suspension of use

We reserve the right to terminate, suspend or otherwise limit Your access or use to Our Service if We have reason to believe that You are misusing Your membership with Us, breaching these Terms of Use or engaging in fraudulent or unlawful behaviour, without any prior notice to You.

If You do not or are unable to provide the required Personal Identification information or information required by the Eligibility Criteria, or if We are not satisfied as to Your identity, We may refuse to provide You with access to any or all of the Service.

We also have the right to vary, discontinue or cease offering any aspect of the Services without any prior notice to You and We have no liability for any costs, losses or damages of any kind arising as a consequence of such termination.

Governing law

These Terms of Use and all aspects of the Website or the App are governed by the laws of the State of New South Wales in Australia. Disputes arising in connection with the Website or the App or these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of New South Wales in Australia. You agree to notify Us of any claim or dispute concerning or relating to the Website or the App.

Limitation of liability

To the maximum extent permitted by law and notwithstanding any other provision of these Terms of Use, We, Experian, Our subsidiaries and affiliates, will not be liable in any way to You or anyone else for any loss, expense, liability, claim, damages (including without limitation, indirect, special or consequential loss or damage), loss of income, data, contract, tort, profit, or loss of opportunity, arising out of Your use or inability to use, or access, the Website or the App or any of the Services or in relation to any content or information obtained through the Website or the App, whether or not this is caused by a negligent act or omission.

We and Experian do not accept liability for any acts or omissions of others, including but not limited to, Product Providers who provide the information and data used to compile the information featured on the Website or the App, or any rating or content posted by You or other members.

Warranties

To the maximum extent permitted by law, neither We nor Experian warrant the reliability, availability, accuracy or completeness of any information featured on the Website or the App. Neither We nor Experian will in any way shape or form be liable to You or anyone else for any financial decision or action taken by You or anyone else in reliance upon any information contained on or omitted from the Website or the App.

The App is provided "as-is" and as available. We will not be held liable or provide any warranty for any error, bugs, conflicts, unavailability or incompatibilities which arise from any out of date or unsupported versions of browser software.

Waiver of liability

If We or Experian fail to exercise or enforce any right or provision under these Terms of Use, this is not to be construed as any waiver of those rights or provision. If any of these Terms of Use are considered invalid or unenforceable, the remaining provisions remain in full force and effect.

Indemnity

To the maximum extent permitted by law, You indemnify and agree to keep Us and Experian indemnified against any loss or claim arising out of, or in connection with, Your use or inability to use, or access, the Website or the App, Your completion of a Credit Savvy registration form, or Our provision of Your Personal Information to any third-party in connection with Your completion of a Credit Savvy registration form.

You agree to indemnify and hold Us, Experian, Our subsidiaries and affiliates, harmless from any loss, actions, proceedings, costs, expense (including legal fees), liability, claim, or demand, including the following:

  • Your use or inability to use, or access, the Website or the App in violation of these Terms of Use;
  • Any breach of these Terms of Use; and/or
  • Reliance by You on any content or information obtained through the Website or the App.

Contact Us

If You have any questions or concerns regarding these Terms of Use or any of Our Services, please email Us on feedback@creditsavvy.com.au.

The App is not provided by Apple, Google or any other third-party provider. Accordingly, any queries or complaints regarding the App (including but not limited to issues regarding intellectual property) should be directed to Us and not Apple or Google. The foregoing applies for the benefit of Apple, Google and any third-party whose information appears in the App. You also acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and agree that You are not in a location that is subject to a government embargo.

If You have a complaint or dispute, please email Us on complaints@creditsavvy.com.au. For more information about how We handle complaints, please refer to the Credit Savvy Privacy Policy.

If You have any questions or concerns regarding Your privacy, how We collect or use Your Personal Information, please email Us at privacy@creditsavvy.com.au.

If You believe the information contained in Your credit file, Credit Report Summary or any other credit-related information is wrong, please contact Your credit provider and/or the credit reporting body to have the mistake investigated and corrected. Please be aware that any incorrect information noted on Your Credit Report Summary may be listed with other credit reporting agencies and credit reporting bodies.

By registering as a member of the Website or the App and opting in to receive news and offers, You consent to receiving marketing electronic messages from Us, including by email or other electronic means. You may at any time choose not to receive these direct marketing communications. If this is the case, please log into Your account at www.creditsavvy.com.au and edit the subscription preferences in Your Account Settings.

Withdrawing Your consent to receive marketing electronic messages from Credit Savvy does not:

  • Withdraw Your consent to receive information electronically relevant to the operations of the Website or the App and Your membership; or
  • Withdraw Your consent to receive information from any other businesses within CBA New Digital Businesses Pty Ltd, its affiliates or subsidiaries.

We act as a credit intermediary and do not provide personal financial, legal or tax advice, or credit assistance of any form. Any content featured on the site is of a general and informative nature only and does not take into account your personal objectives, financial situation or needs. You should consider your needs, along with the product's terms and conditions before making a decision. We do not accept any liability in respect of any product or service which you elect to acquire from any provider.

© 2021 CBA New Digital Businesses Pty Ltd ABN 38 633 072 830 and Australian Credit Licence 516487, trading as Credit Savvy Australia.
Credit Savvy is a trademark of CBA New Digital Businesses Pty Ltd. CBA New Digital Businesses Pty Ltd is a subsidiary of the Commonwealth Bank of Australia ABN 48 123 123 124.

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