CreditProtect

CreditProtect Pty Limited Terms and Conditions  

CreditProtect Pty Limited Terms and Conditions  

These terms apply when we provide our standard services through the website(s). We may vary  these terms and if we do so in a material way, we will advise you of such changes by placing a notice  on our website(s). We will let you know if additional terms apply to some services we supply.  

By accessing or using any of the services provided through the website(s) you will be deemed to have  agreed to these terms as updated from time to time.  

This version of the CreditProtect Terms and Conditions applies to the use of ATO taxation data and  services, to the exclusion of other versions of the CreditProtect Terms and Conditions. 

  1. Definitions 

Throughout this document, a term appearing in italics is defined below.  

Authorised representative refers to any director, executive, Head of Sales 

Identity verification services include but are not limited to identity or document verification services,  biometric facial matching, liveness detection, signature capture, visa entitlement verification and  anti-money laundering and counter-terrorist financing checks.  

Information services mean services including the business and credit related information, databases,  computer systems, technology and compilations provided on and through the website(s).  

People/person means any individual, partnership, limited liability company, corporation, trust,  estate, association, or any other legal or commercial entity.  

PPSR means the Personal Property Securities Register and Registrar has the corresponding meaning.  

Privacy Laws means the Privacy Act 1988 (Cth) and any other applicable and ancillary legislation and  principles, codes and regulation relating to privacy or the handling of personal information.  

Related Body Corporate has the meaning in the Corporations Act 2001 (Cth).  

Reports mean any information we provide to you, including business and credit related information  in any format.  

Terms mean these terms and conditions including any variation to these terms and conditions.  Third-Party means an external person, party or business. 

User means any person using the website(s).  

We/us/our refers to CreditProtect Pty Limited (ACN 675 773 083) and its related bodies corporateWebsite(s) means creditprotect.com.au and other websites owned or operated by us.  

  1. Supply and use of information services 

2.1 We will supply the information services and reports to you using reasonable care and skill in  accordance with these terms after we have accepted your request. We may but are not obliged  to verify the identification of users if we, in our sole discretion, deem it appropriate and we will  not be liable for any loss due to a delay resulting from such request.  

2.2 If you have purchased a subscription to the information services, your subscription will include a  set number of searches. If your subscription provides for ongoing monitoring and does not 

specify a set number of searches, then your plan will include searches amounting to 5% of your  monitoring limit. For example, if your plan allows you to monitor 100 entities, your plan includes  5 searches. Searches in addition to the number included in your subscription and searches  performed without a subscription will be charged on a pay as you go basis according to the  individual search pricing published on the website(s) or quote provided.  

2.3 You acknowledge information contained on or generated by the website(s) may contain  information that has been provided to us by third parties. We have not verified the accuracy,  currency, reliability or completeness of the information on the website(s), and we and the third  parties make no representation or warranty as to its accuracy, currency, reliability or  completeness. You are responsible for assessing the information services and reports and for the  business decisions that you make, regardless of whether you base them on the information we  supply.  

2.4 If acting reasonably, we deem a request by you to be inappropriate, unreasonable, or illegal, we  reserve the right to refuse your request.  

2.5 The website(s), the information services and all reports contain proprietary and confidential  information belonging to us. You acknowledge the information services and reports are provided  to you for your internal use only and you must maintain confidentiality over them and protect  them from misuse, interference and loss.  

2.6 Provided you have implemented appropriate technical and organisational measures to protect  them against misuse, you may save the reports onto your system, reprocess them as part of your  credit approval process or print them for your record.  

2.7 You must not grant or allow any third-party direct access to the information services or to any  personal information held by us. Any variation and or exception to this policy is to be specified  within your service agreement and agreed upon by the executing authorised representative of  CreditProtect Pty Limited.  

2.8 In accepting clause 2.7, you acknowledge that our third-party access policy found within your  service agreement is subject to change at any time without prior notice. Notice of any change is  confirmed as per your Service Agreement.  

2.9 If you have obtained access to information from us that you are unauthorised to access, you must  notify us immediately and delete such information without delay.  

2.10 We may modify, discontinue or block access to all or any portion of the information services,  any function made available, or any document uploaded onto the website(s) by you at any time  without prior notice, including if we think there is a security threat to the website(s) or we no  longer have the rights to offer the service.  

2.11 Access to our website(s) and linked third party sites relies on your system compatibility and  the availability of third-party links, networks and other external factors. While we will use  reasonable care to implement appropriate technical and organisational measures to protect our  systems from security attacks, we cannot guarantee that our website(s), linked third party sites or  the information services will always be available and we are not responsible for any loss or  damage related to the transmission, processing, use, and storage of the information servicesreports and your information and material.  

2A. Use of ATO Taxation Data and Services  

Where the Territory is Australia, you must comply with the following Third-Party Terms:  

2.12 You will not receive any Australian Taxation Office (ATO) tax debt information if you are signing  up for a no fee trial or proof-of-concept. 

2.13 You agree that in connection with any ATO tax debt information of an entity that is included in  the Information provided to you:  

  1. a) you will only use the ATO tax debt information to assess the credit worthiness of that entity  for the purpose of you considering whether to provide credit to that entity;  
  2. b) you must not use the ATO tax debt information for marketing or solicitation purposes; and  c) we may, or if directed by the ATO, notify you in writing to remove, update or correct records  of tax debt information you received from us and any records of tax debt information that  you have disseminated. You must do so as soon as practicable, but in any event within two  (2) Business Days and provide a confirmation in writing to us that you have done so, and/or  the details of any actions that you have taken.  
  3. Provision of information by you. 

3.1 You acknowledge that the quality of our information services relies on the information  you and third parties provide to us.  

3.2 Before you provide us with default information, you must:  

  1. ensure the debt exceeds $150, is outside its payment terms by a minimum of  45 days, is not statute barred, is not in dispute and there is no other legal  

impediment to the collection of the debt in question (including injunctive  

orders, final or interlocutory);  

  1. attempt to recover the amount and you must notify the debtor in writing that  you intend to give the default information to us; and  

iii. ensure the debt has not been sold or assigned prior to listing. and iv. 

have obtained consent from the third party to provide us with the default  

information. 

3.3 You agree that any material, information, and ideas you transmit to us for inclusion on  the website(s) or via links from the website(s) to third party sites will be treated as  nonconfidential and non-proprietary information and we are permitted to reproduce,  use, disclose, and distribute such material to others in any manner that does not reveal  your identity.  

3.4 You must ensure that all information including default information you provide to us,  including via links from the website(s) to third party sites (e.g. the PPSR) is and continues  to be accurate, complete, up to date and not misleading, deceptive, defamatory,  discriminatory, offensive or otherwise unlawful and you are authorised to share that  information with us. 

  1. You accept that this extends to the use of our default portals or any mass  default upload.  

a You must promptly correct, update or request removal of listings that are  paid, settled, disputed or recorded in error. 

3.5 You must ensure that all mercantile information lodged via our mercantile portal is and  continues to be accurate, complete, up to date and not misleading, deceptive,  defamatory, discriminatory, offensive or otherwise unlawful and you are authorised to  share that information with us. 

  1. You acknowledge that all mercantile enquiries or footprints lodged with us are  valid only if they are submitted by an authorised representative of the  

requesting party, is greater than 45 days old from the date of lodgement, and  comply with all applicable privacy, credit reporting, and mercantile  

regulations.

  1. You further acknowledge and grant that we can display and hold mercantile  information lodged by you to other users with a valid subscription; 

And iii. Will not change mercantile information provided by you  

unless given permission by an authorised representative.  

3.6 You grant to us and our service providers a non-exclusive, perpetual, irrevocable,  transferable, royalty-free licence to use, reproduce, modify or adapt and sublicense the  whole or any part of the information you provide, including to analyse, aggregate and  anonymise such information for the purposes of generating industry benchmarks,  providing the information services and reports to users, enriching our bureau data and  generating credit scores.  

  1. Conditions of access 

4.1 You must keep all usernames and passwords required to access the website(s) secure and  confidential and must notify us immediately if you suspect any unauthorised use of your  passwords or any other breach of security.  

4.2 You are responsible for monitoring and maintaining your access and usage of the website(s),  including any API’s provided by us to access the website(s) to ensure such APIs continue to  operate effectively.  

4.3 You must comply with all applicable laws and these terms, our Privacy Policy available on the  website(s) -, Privacy Laws and any policies and other instructions we provide when you access  the website, when you use the information services and when you provide information to us.  

4.4 Please notify us by email on [email protected] if you believe that:  i. the security of the website(s) has been breached; or  

  1. your information on the website(s) may have been used without your authorisation;  or  

iii. the website(s) contains any inaccurate information, infringes any law or these terms.  

  1. Site monitoring 

5.1 We may but are not obliged to monitor your use of the website(s) to evaluate the quality and  quantity of information services you receive, your compliance with these terms, the security of  the website(s), or for other lawful reasons.  

5.2 You waive and release us from any cause of action or other right with respect to us or our related  bodies corporate concerning any monitoring activities so undertaken.  

  1. Billing 

6.1 You must pay us the periodic or one-off fees we charge for our information services and reports at the prices displayed on the website(s) or notified to you, by credit card or if required by us at  our discretion, by invoice. We may charge these fees in advance. All amounts are stated in  Australian dollars and GST charged (where applicable).  

6.2 The fees referred to in clause 6.1 include fees charged on a pay as you go basis for:  i. Usage in excess of the limits included in your subscription. These charges are in addition to  the cost of your plan; and/or  

  1. All usage if you access the information services without a subscription or plan.  6.3 Prices and the availability of items are subject to change. Where reasonably practical, we  will provide you with notice in advance of any changes, including by posting upcoming  changes on our website(s).

6.4 Where applicable, you must pay our invoices within 14 days. If an invoice is unpaid for  more than 30 days, we may suspend access to or provision of the information services to  you until we receive payment of the invoice and charge default interest at the rate of 2%  per month on any amounts unpaid until the date the debt is paid.  

6.5 If your plan includes a discounted trial and you choose to pay by credit card, your card  will be charged when the trial begins, and then automatically each month after that. Any  extra in-platform purchases will also be charged, and billing will continue every 30 days  until you cancel your account.  

6.6 If we are required to engage debt collection services, seek legal advice or commence  legal proceedings for the collection of unpaid and undisputed amounts you will be liable  to us for all reasonable costs incurred in recovering such outstanding sums and  acknowledge we may list information about the default with any credit reporting body.  

6.7 Unless our fees are expressly stated to be inclusive of GST, fees are exclusive of GST and  if the services supplied are a taxable supply, then the total amount payable will be the  fees plus GST payable by us in respect of that amount.  

6A. Scheduled Price Adjustments  

6.8 All fees under this agreement, including fixed-term and evergreen contracts, will be  subject to a fixed annual increase of 3%, applied on the anniversary of the agreement  start date. This increase will occur irrespective of CPI movement and will not exceed 3%  per annum, even where CPI rises above this level.  

6.9 This scheduled adjustment ensures predictable pricing and supports the ongoing  sustainability of service delivery. The revised pricing will take effect from the first billing  cycle following each anniversary date.  

  1. Representations and warranties 

7.1 You represent and warrant that:  

  1. you have the power to enter into, comply with and perform your obligations under  these terms;  
  2. all information you provide is complete, accurate and up to date and publication of that  information on our website(s) will not breach any applicable law or infringe the rights  including privacy and intellectual property rights of any person;  

iii. you hold all necessary approvals, licences and consents to provide information including  personal information to us and you must provide us with a copy of any such licence or  consent on request;  

  1. you will not commercialise the information services;  
  2. you will use reasonable efforts to prevent unauthorised access to or use of the  information services and you will notify us promptly if you become aware of any  possible or actual unauthorised access or use of the information services;  
  3. Liability 

8.1 When we provide the information services and reports to you, we rely on information received  from third parties. While we aim to provide quality information to you, you acknowledge we do  not independently check all information or its compilation or make any warranty or  representation that: 

  1. the website(s), reports or information services are accurate, reliable, up to date, fit for  your purposes or otherwise;  
  2. the website(s), reports or information services will meet the user’s requirements; or iii. access to the website(s), reports or information services will be uninterrupted or  error free.  

8.2 Third party links on the website(s) are not controlled by us and we are not responsible  for any information, or services contained in a linked site. You may be required to sign up  to third party terms, and if so, you must read and understand them and comply with  them. You are responsible for your use of these third-party sites and acknowledge we  have no liability for any loss or damage that you may suffer as a result of access to (or  failure to access) them using the website(s);  

8.3 Without limiting clause 8.2 in any way, you acknowledge and agree that:  i. you are responsible for your use of the PPSR and that we have no liability for any loss or  damage that you may suffer as a result of access to (or failure to access) the PPSR using  the website(s);  

  1. you are duly authorised to provide PPSR related information to us and to the Registrar  by us to be included in the PPSR and made available as PPSR information, and that such  provision and use will not breach any law or infringe any right of any person; and is  suitable to achieve any legal outcome that you intend to effect by providing the  information.  

iii. It is your sole responsibility to take all steps necessary to create a legally valid  registration on the PPSR and we are not responsible for any failure by you or anyone  else to affect a legally valid registration on the PPSR. To the extent permitted by law you  release us from all liability however arising, including in negligence, in connection with  any such failure and all other liabilities of any nature in connection with your access of  services relating to the PPSR through the website(s).  

8.4 To the extent we are able to at law, we exclude all statutory or implied representations,  conditions, warranties and terms relating to the information services, the reports or  these terms.  

8.5 We are not liable to you or to anyone else for any indirect, consequential, special, or  incidental loss or damage arising out of, or in connection with, the information services,  the reports, your use of the website(s) or these terms, including loss of profit, revenue or  loss of business.  

8.6 Our total liability for any loss or damage is limited to the extent permitted by law, to us  resupplying the information services to you, or, at our option, refunding to you the  amount you have paid us for the information service to which your claim relates.  

8.7 Our limitations and exclusions of liability as set out in this clause 8 apply regardless of  the basis on which the relevant liability arises, whether in contract, tort (including  negligence), equity, breach of statutory duty or otherwise.  

8.8 Neither party is liable for any failure or delay in performing their obligations if such delay  or failure is caused or contributed to by an act that is beyond their control including as a  result of a fire, flood, earthquake, pandemic, epidemic, utility failure, elements of nature  or act of God, riot, civil disorder, rebellion, acts of war or terrorism, telecommunication  breakdowns or interruptions and power failures.  

  1. Indemnity 

9.1 You indemnify us and our related bodies corporate, agents, contractors and employees against  any reasonable loss, liability, cost or expense we may suffer or incur in connection with: 

  1. any breach of these terms including misuse by you of the information services; ii. a claim brought by a third-party concerning information you have provided to us,  including for breach of privacy;  

iii. information you give us not being accurate, up to date, complete or otherwise  misleading;  

  1. your failure to update information you have given us so that the information we hold at  any given time is accurate, up to date, or complete and not otherwise misleading; v.  your use of the website(s).  

9.2 You must, at your cost, provide us with reasonable co-operation in the handling of  disputes, complaints, investigations or litigation involving a third party, which arise from  your use of the information services or the website(s).  

9.3 The obligations under this clause will survive termination of these terms.  

  1. Term, termination and suspension 

10.1 This agreement continues, and in the case of a subscription, automatically renews, unless  cancelled  

10.2 Unless otherwise specified in an email, proposal, quotation or agreement provide by us to you,  you may cancel your subscription at any time. To cancel your subscription or account, you should  email [email protected] 

10.3 Without affecting any other right or remedy available to us, we may immediately cancel,  terminate or suspend your account, subscription or access to some or all of the information  services and/or website(s) if you commit a material breach or we anticipate you will materially  breach any of these terms acting reasonably, and such breach or anticipated breach is:  i. not capable of being remedied, or,  

  1. capable of remedy and is not remedied within seven (7) days of receipt of our notice of  the relevant breach, or,  

iii. become insolvent, enter external administration or we anticipate that you will not be  able to pay for our services.  

10.4 Any outstanding charges for our services up to and including the date of termination, will be  payable by you upon cancellation. Any subscription fees will be payable (in the case of annual  subscription fees, on a pro rata basis) up to and including for the full month in which the date  of termination falls. If you have paid an upfront fee, subscription fees that have been charged  prior to termination are not able to be reimbursed unless you are terminating because of our  default or material reduction in services available from the website(s) in which case you must  notify us in writing of your reasons for cancelling and if we are satisfied with your reasoning  acting reasonably, we will reimburse your subscription fees paid for any period after the date  of termination less our reasonable administration costs.  

10.5 If this agreement is terminated, sections 3, 7, 8, 9, 12, 13, and 15 survive termination.  

  1. Consent to receive electronic communications, notices 

11.1 Except where required by law, you agree for us to send you all notices and other  communications electronically.  

11.2 Any notice or document we send to you electronically is deemed to have been received by you  on the day and at the time we send it – so please check your emails and SMS messages regularly. 

  1. Privacy 

12.1 We collect personal information in accordance with our Privacy Policy. By using the information  services and providing us with information, you acknowledge that you have read, understood  and agree to it.  

12.2 You must ensure all information provided by you to us has been collected and disclosed to us in  accordance with valid consents as required by the Privacy Laws.  

  1. Intellectual property 

13.1 You acknowledge we own all current and future intellectual property rights associated with the  website(s) including the information services, reports and any name or mark we may use in  connection with the website(s).  

13.2 You may not and may not permit or procure any other person to:  

  1. copy, reproduce, republish, upload, post, transmit, modify, distribute, sell, repackage or  otherwise use in any way the information services, the reports or our name or marks in  any manner inconsistent with these terms or the purpose for which they are offered by  us;  
  2. use the information services, the reports, or the website(s) for any unlawful or  unauthorised purpose;  

iii. infringe or violate the rights of third parties, including intellectual property rights,  privacy, or any other proprietary or contractual right;  

  1. transmit any advertising or promotional materials through the website(s);  v. other than as approved by us, use devices or software to provide repeated or  automated access to the website(s) or test the vulnerability of any system or network  related in any way to the website(s);  
  2. transmit any material that contains any computer code or file that might interrupt,  corrupt or interfere with the functionality of the website(s) or the information services;  vii. use, distribute, modify, transmit, or post any of the information services or reports or  information obtained from the use of the website(s) or any functions of the website(s) for public or commercial purposes;  

viii. delete copyright or other intellectual property rights and proprietary notices from the  reports.  

13.3 We grant you a non-exclusive, non-transferrable, non-sub licensable, royalty free licence to  display, copy, distribute, download, and print the reports solely for your internal business  purposes.  

13.4 If you have purchased a subscription plan to the information services, we grant you a license  to use the CreditProtect logo solely for inclusion on your invoices, for the term of your  subscription.  

13.5 We have the right to terminate the licences in this clause if your account fees are more than  30 days overdue.  

  1. Identity verification services 

14.1 If you have acquired identity verification services from us, this clause 14 applies to those identity  verification services in addition to the other provisions of these terms.  

14.2 You must only use the results of the identity verification services to help verify the identity of  individuals or documents (as applicable), or as otherwise as permitted in these terms.  14.3 You acknowledge and agree that the identity verification services

  1. are not intended, or able, to conclusively prove the identity of any person or document  and do not discharge all your obligations arising under law or any agreement, whether  relating to identity or otherwise;  
  2. do not entirely eliminate the possibility of identity fraud;  

iii. will not assist you to verify other matters relating to a person, such as the capacity  under which they act.  

14.4You must ensure your computer hardware, systems and software meet the minimum  specifications, are properly configured and properly tested to allow you to access the  identity verification services.  

14.5You acknowledge we are not responsible for your inability to access or use the identity  verification services arising out of any failure of your software interface, computer  systems or computer hardware to meet the minimum specifications.  

  1. General  

15.1 These terms record the entire agreement and understanding of the parties concerning the  provision of the information services and reports and replaces and supersedes all prior  discussions, representations, understanding and agreements between us.  

15.2 You are responsible for compliance with all applicable laws and regulations regarding your  access to the website(s), your provision of information to us and linked third party sites and  your subscription to the information services.  

15.3 The information services and the website(s) 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 would impose unexpected requirements on us or our related bodies corporate.  

15.4 We may assign, novate, subcontract or otherwise deal with our rights and obligations under  these terms, acting reasonably. You may not assign any of your rights or obligations under these  terms without obtaining our prior written consent.  

15.5 If any part of these terms is held to be unlawful, void or unenforceable, the remaining parts will  continue to apply to the extent possible, as if the unenforceable part had never existed.  15.6 If either party fails to enforce any provision of these terms, that will not be treated as a waiver  of that provision, nor will it affect a party’s right to subsequently enforce that provision.  15.7 Headings are for reference only and do not affect the meaning or interpretation of these terms.  15.8 These terms are governed by the laws of New South Wales. The parties submit to the exclusive  jurisdiction of the courts of New South Wales in relation to any proceedings connected to these  terms.  

  1. Government Charges and Commercial Reporting  

16.1 Inclusion of Government-Imposed Fees: The Customer acknowledges that the fees for  commercial reporting services under this Agreement include any applicable  

governmentimposed charges, levies, or regulatory fees as of the effective date of this  Agreement.  

16.2 Variation of Government-Imposed Charges: The Customer acknowledges that  governmentimposed charges, regulatory fees, or statutory levies applicable to commercial  reporting services (including, but not limited to, credit bureau fees, data access charges, or  compliance-related costs) may be subject to change by relevant authorities at any time.  

16.3 Fee Adjustments: If any such government-imposed fee, levy, or charge is introduced, increased,  or repealed after the effective date of this Agreement, CreditProtect reserves the right to adjust  the commercial reporting charges accordingly. The Customer agrees to pay any revised fees that  reflect such changes. 

16.4 Notification: CreditProtect will use reasonable efforts to notify the Customer of any changes to  government-imposed charges impacting commercial reporting fees. However, failure to provide  notice shall not exempt the Customer from its obligation to pay the adjusted charges.  

16.5 Compliance Responsibility: The Customer is responsible for complying with any regulatory  requirements associated with accessing and using commercial reporting services, including any  additional government-imposed costs that may apply.  

16.6 No Liability for Regulatory Changes: CreditProtect shall not be liable for any financial or  operational impact arising from changes in government-imposed charges, regulatory  amendments, or statutory compliance costs affecting commercial reporting services. 

 Version 1.6 September 2025.