Financial Insights Terms and Conditions

These Financial Insights Terms and Conditions, together with our Financial Insights Privacy Policy (together, our "Financial Insights Terms") and ClearScore Terms and Conditions (“General Terms and Conditions”), set out the rules which cover our relationship with you in relation to any of our financial insights services (“Financial Insights Services”). If there is any conflict between these Financial Insights Terms and the General Terms and Conditions, these Financial Insights Terms prevail to the extent of inconsistency when you use our Financial Insights Services.

ClearScore Australia Pty Ltd is a proprietary limited company registered in New South Wales, Australia (ACN 624386330) (“ClearScore”, “we”, “our” or “us”). Our registered office is at Level 17 383 Kent Street, Sydney NSW 2000. We provide you with information regarding credit products and services under these Financial Insights Terms as an intermediary under our Australian credit licence 520783. We do not provide, nor are we authorised to provide, credit or credit assistance. These Financial Insights Terms apply to you if you use or access our Financial Insights Service and are legally binding so please read them. You may also want to print them out or save them on your device for reference.

We work with Talefin Australia Pty Ltd (ACN 632 551 770) to provide you with the Financial Insights Services. Please remember that these Financial Insights Terms are not a complete list of all your or our rights or responsibilities, as there might be others under general law.

If you want more information about your general rights as a consumer of credit products and services, contact the Australian Securities and Investments Commission (“ASIC”) or the Australian Competition and Consumer Commission (“ACCC”).

Want to contact us?

If you have any questions about or feedback on our Financial Insights Terms or wish to make a complaint about our services, get in touch with us by emailing help@clearscore.com.au. If the question or complaint relates to your personal information we have obtained from a credit reporting body or other third party service provider, subject to the Privacy Act 1988 (Cth), we may refer your question or complaint to them if we consider it appropriate.

If you have made a complaint about our Financial Insights Service, we will acknowledge your complaint within 24 hours of receiving it or as soon as practicable. If we have provided a final response to your complaint which is not to your satisfaction or you have not received a response within 30 days of making your complaint, you can make a complaint to the Australian Financial Complaints Authority (“AFCA”) on 1800 931 678 (for the most up-to-date contact details, you should visit www.afca.org.au). If you have a complaint about the personal information we hold, you may contact the Office of the Australian Information Commissioner on 1300 363 992 (for the most up-to-date contact details, you should visit www.oaic.gov.au). If your complaint relates to our conduct as an intermediary, you may also contact ASIC on 1300 300 630 (for the most up-to-date contact details, you should visit www.asic.gov.au).

Subject to obtaining your consent, our Financial Insights Service allows us to collect your Account Data to provide you with the following services:

• Aggregating your financial portfolio and providing you with a clearer understanding of your finances. We can assist in identifying what your disposable income is, assess whether you spend more than you earn and provide other useful metrics;
• Use your current account, credit card and other financial accounts information to identify credit products and services which may be relevant to you.

To provide our Financial Insights Service, we will seek your consent to automatically retrieve Account Data from your account (by you providing access to your account via a secure API created by our technical services provider, Talefin Australia Pty Ltd (ACN 632 551 770) for this purpose) in accordance with your authorisation set out below.

For the purposes of these Financial Insights Terms:

• “account” means and includes your account held with a bank, credit union, building society or financial services provider in Australia with an online portal;
• “Account Data” means and includes personal information such as current account transaction data (including details of your incoming and outgoing transactions), account balance, credit limit, and account name, number and BSB.

Our Financial Insights Privacy Policy sets out the kinds of personal information we collect when you consent to us retrieving Account Data from your account. You can give us consent by pressing the button agreeing to link your account when signing up to the Financial Insights Service in your ClearScore account. By pressing the button and consenting, you authorise us to do the following:

• Retrieve the Account Data from your account on your behalf using your authentication details issued by your bank(s), credit union(s), building society(ies) and financial services provider(s) (“Account Providers”) via the API created by Talefin Pty Ltd (ACN 632 551 770) and you appoint us as your agent for that sole purpose;
• Use your Account Data to provide the Financial Insights Service as described above;
• Deal with your Account Data in accordance with these Financial Insights Terms.

Please note that the authentication details to your account is encrypted and only accessed when allowing the Account Data to be retrieved and passed to us in accordance with these Financial Insights Terms.

By using our Financial Insights Service you agree that we, our service providers, and lenders, banks and other financial institutions that you have chosen to interact with through our Financial Insights Service (our “Partners”); as well as your Account Providers are entitled to rely on this authorisation granted by you to us.

Accessing your Account Data is subject to you passing or providing the appropriate authentication details issued by your Account Provider for security purposes. You agree that the authorisation that you have granted to us will allow us to provide you with use and access to our Financial Insights Service for a period of 12 months. This requires us to retain and use your authentication details to access your account to retrieve Account Data for that period unless you change your authentication details or terminate your agreement with us before the expiry of that 12 month period. For more information on circumstances where the Financial Insights Service may be cancelled, please refer to the section “Duration of services and termination”.

If you wish to continue to use our Financial Insights Service, you will have to give us your consent every 12 months for us to continue to access your account to retrieve Account Data from the date you last gave us your consent. This means that you will be required to press the button agreeing to link your account again after the 12 month period. If you change your authentication details for your account but wish to continue to use or access our Financial Insights Service then you will have to renew your consent by linking your account.

You accept that if you do not give us your consent or where you have changed your authentication details, you will no longer be able to use or access our Financial Insights Service.

Signing up to our Financial Insights Service

You will be able to link your account once you have consented to us automatically retrieving Account Data from your account via the secure API described above. You may only use and access our Financial Insights Service on your own behalf for non-commercial purposes and not on behalf of anyone else.

You must be 18 years of age or older and the authorised signatory of the account to be linked to our Financial Insights Service.

You agree to keep your ClearScore username, password or other login details to our Financial Insights Service confidential and not disclose it to a third party. If you believe or suspect that someone else knows your ClearScore login details, please contact us immediately at help@clearscore.com.au.

Use of the Financial Insights Service

Please refer to our General Terms and Conditions, which also apply to your use of our Financial Insights Service. References in those terms to our services, website and apps include use of our Financial Insights Service. Your use of the Financial Insights Service is free of charge. We may earn revenue from the Financial Insights Service by:

• Providing data, analysis and/or categorisation to our Partners;
• Creating aggregated and anonymised research data and selling it to our clients from which all personal information is removed. This information does not allow any party to identify you.

Subject to your compliance with the Financial Insights Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make non-commercial use of the Financial Insights Service. All rights not expressly granted to you in our Financial Insights Terms are reserved and retained by us or our licensors, suppliers, publishers, rights holders or other content providers.

Data Processing

To provide you with our Financial Insights Service, we will collect and use certain personal information about you. We will use that information in accordance with applicable data protection laws and the Financial Insights Privacy Policy, which you can find here.

Key terms relating to your use of the Financial Insights Service

We will use your Account Data as described above in relation to your accounts for the purpose of providing our Financial Insights Service to you and as described in the Financial Insights Privacy Policy. Any information provided to you, or to third parties on your behalf, as part of our Financial Insights Service is only as accurate, complete and up to date as the information supplied to us by you, the Account Providers or third parties we use to obtain this information. We don’t check the information we receive from you, the Account Provider or third parties for accuracy or completeness. It is you responsibility to ensure that your Account Provider holds correct Account Data.

We are not the issuer of the account you link to our Financial Insights Service. We have no control over those accounts and we cannot change the any Account Data or related information for you.

You represent and warrant to us that: (a) you have the legal authority to provide all the relevant Account Data to us (this means that you must be a/the relevant account holder of the account to be linked to our Financial Insights Service and you have the permission of any joint or other account holders); (b) you will not cause any Account Data to be misleading or likely to mislead us; and (c) you will at all times comply with all relevant laws when using our Financial Insights Service.

If you think any Account Data or information provided about you in relation to an account linked to our Financial Insights Service may be incorrect, please contact the relevant Account Provider. If you think any other information we have provided to you has been incorrectly displayed, please let us know as soon as possible by contacting help@clearscore.com.au.

Any information we give you through the Financial Insights Service is for general and informative nature only. The information does not take into consideration your financial situation or requirements and objectives in relation to any credit product displayed on our website or through our Financial Insights Service. We will not be liable or responsible if you rely on it or take any action or make any decision based upon it.

Except as otherwise set out in our Financial Insights Terms:

• we accept no liability for inaccuracies or omissions in the information gathered from you, the Account Providers or other third parties;
• we (and our suppliers and service providers) have no control over the content or accuracy of information provided by you, the Account Providers or other third parties;
• the Financial Insights Service we provide are on an "as is" basis;
• we do not guarantee all of the information provided by or through our Financial Insights Service is complete, up to date or accurate at any particular or all times; and
• we do not guarantee that the Financial Insights Service will be defect or error free or available at any particular or all times.

Duration of services and termination

The Financial Insights Service will continue to be provided to you and may be cancelled in one of the ways set out below:

• you change your authentication details to the account linked to our Financial Insights Service;
• you withdraw your consent for us to automatically retrieve Account Data from your account. You can withdraw your consent by unlinking your account when logged into ClearScore, under “My Accounts”;
• you do not consent for us to automatically retrieve Account Data from your account after the 12 month period from when you last gave your consent;
• you use our Financial Insights Service in a manner that is deemed by us (acting reasonably) to be contrary to the Financial Insights Terms or the General Terms and Conditions or there has been unauthorised or fraudulent use of our Financial Insights Service or we have reasonable grounds to suspect such fraudulent or unauthorised use, in which case we reserve the right to cancel your use or access to our Financial Insights Service;
• you have breached your obligations under these Financial Insights Terms;
• if your ClearScore account is suspended or terminated;
• if we stop providing our Financial Insights Service or the ClearScore services, or any part thereof that would render the Financial Insights Service non-functional;
• we are directed to stop providing our Financial Insights Service by a government agency or are required to by law, or a change in law occurs that we determine in our absolute discretion makes the continued supply of our Financial Insights Service unlawful or commercially unviable;
• we determine in our absolute discretion that the use of our Financial Insights Service or supply of such services presents an unacceptable risk to us (including but not limited to data protection or other material risk).

You may cancel your access to our Financial Insights Service at any time by unlinking your account from our Financial Insights Service. You can do this either by pressing the option to unlink your account when logged into ClearScore (by going to “My Account”) or by revoking access to the account directly with your Account Provider. You can also cancel your access to our Financial Insights Service by changing the authentication details to your account linked to the Financial Insights Service.

We reserve the right to suspend your use and access to our Financial Insights Service if at any time we have reasonable grounds to believe that there is or is likely to have been a breach of security or your use of the Financial Insights Service is in any way detrimental to us or anyone else. For security reasons, we may request you to change any or all of the passwords used by you in connection with Financial Insights Service. Except where we reasonably consider immediate cancellation is necessary to address a material risk to us and/or our systems and our Financial Insights Service, we will notify you in writing prior to exercising our right to suspend specifying the reasons for the suspension or cancellation.

Where you are in breach of your obligations (and such breach can be remedied), we may require you to remedy the breach within 2 business days of the notice or such longer period specified in the notice or subsequently agreed by us. During that grace period, we will suspend your use and access to our Financial Insights Service. Subject to any other provisions of these Financial Insights Terms, where you have demonstrated to our reasonable satisfaction that the matter giving rise to the suspension has been rectified, we will reactivate the provision of our Financial Insights Service to you (provided that the reactivation may be subject to such conditions as we may determine).

You expressly release, indemnify and hold us harmless from and against any claim that arises or may arise against us where we act in accordance with this section.

On cancellation of our Financial Insights Service, each licence granted by us in respect of these Financial Insights Terms also terminates and you must immediately cease using our Financial Insights Services.

This section survives the expiry or termination of these Financial Insights Terms.

Nothing in these Financial Insights Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, any duties or liabilities that we owe to you under the Privacy Act 1988 (Cth), National Consumer Credit Protection Act 2009 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth), nor any other liability that cannot be excluded or limited under applicable law.

We have minimum requirements imposed on us by laws like the Australian Consumer Law. For example, these may imply warranties into a contract to protect you, such as a promise that the services are fit for their intended purposes. To the maximum extent permitted by law, any representation, warranty, condition, guarantee or undertaking that would be implied into these Financial Insights Terms by legislation or otherwise is excluded. In particular, we do not warrant that the accuracy, adequacy, timeliness or completeness of information available on our Financial Insights Service or that it is suitable for your intended use.

To the maximum extent permitted by law, we exclude liability under implied statutory conditions and warranties, or limit our liability under such warranties and conditions to supplying the Financial Insights Service again or paying the cost of that resupply. We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, inability to use or unavailability of, our Financial Insights Service (or any part of it), or any third party websites or services linked from our website;
• Use of any products, data, information or services accessed or obtained or messages received or transactions entered into, through or from our Financial Insights Service obtained or accessed through our website or apps including use of or reliance on any content displayed on or made available through our Financial Insights Service;
• Unauthorised access to or alteration of your transmissions or data when accessing or using our Financial Insights Service; or
• Any inaccuracy or incompleteness of any information received by you or by us through our Financial Insights Service (or any part of it) .

We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Financial Insights Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you gave consent to us to retrieve your Account Data.

We are not responsible for any products or services provided by our Partners, credit providers or any other third parties featured on our Financial Insights Service. Those products are governed by separate terms and conditions of supply. You agree that we are not responsible or liable for any loss or damage you may suffer or incur in connection with any such product or services, or the terms and conditions applying to any contract you enter into with any third party in relation to any product or services, or for any acts, omissions, errors or defaults of any third party in connection with any product or services or the applicable terms and conditions.

We recommend that you consider your individual financial situation and your requirements and/or objectives in relation to any credit product featured on our Financial Insights Service. It is your responsibility to seek independent advice or otherwise satisfy yourself that you wish to apply for, take out, cancel, exchange or request a change to a credit or other product before doing so.

Where we have indicated your likelihood of success with respects to an application for a credit product matched to your profile based on your Account Data, or where we have provided indications of how much money you may save, these are provided for information purposes only and should not be relied upon when making decisions whether to enter into a credit contract for that relevant credit product. The information we provide is general in nature and does not take into consideration your financial situation or requirements and objectives in relation to those credit products. We do not accept any liability or provide any guarantee with respects to your eligibility for or success in obtaining credit products matched to you or advertised on our Financial Insights Service. We do not provide credit assistance of any form.

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our Financial Insights Service is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our Financial Insights Service. You are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures necessary. If you download our app or other digital content provided through our Financial Insights Service and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

You indemnify us from any third party claims against us which arise due to your breach of these Financial Insights Terms.

We indemnify you from any third party claims against you which arise due to our Financial Insights Service infringing a third party’s intellectual property rights (except to the extent caused by you and/or your breach of these Financial Insights Terms). If our Financial Insights Service is alleged to infringe a third party’s intellectual property rights, we may, at our sole option and expense, elect to modify or replace our Financial Insights Service so they are non-infringing, or cancel supply of the services and terminate these Financial Insights Terms. To the extent permitted by law, this clause states our sole liability, and your sole remedy, with respect to our services infringing a third party’s intellectual property rights.

Each party's liability under an indemnity is reduced to the extent that liability was caused or contributed by the other, and an indemnified party must: (a) promptly give written notice to the indemnifying party of the third party claim; and (b) allow the indemnifying party to conduct the defence and settlement of that claim (provided the indemnified party is not detrimentally impacted).

You acknowledge and agree that this section is fair and reasonable in the context of our Financial Insights Service being provided to you at no charge. This section survives the expiry or termination of these Financial Insights Terms.

This section survives the expiry or termination of these Financial Insights Terms.

Without in any way limiting the above, the following disclaimers also apply (to the extent permitted by law): No advice – We do not provide any advice (whether general or personal financial product advice, legal or tax advice and we express no opinion on your debt repayment and debt management. Any content featured on our Financial Insights Service is of a general and informative nature only. You must consider your own individual circumstances before acting upon any of the information featured on our Financial Insights Service. You should seek advice from an appropriately qualified financial adviser before making any decision in relation to repayment of a debt if you need assistance.

The limitations on our liability and disclaimers set out in these Financial Insights Terms also apply to our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) and service providers, including credit reporting bodies.

We may change these Financial Insights Terms and our Financial Insights Service at any time. We will keep these Financial Insights Terms up-to-date on this page. If we make a significant change, we’ll contact you by sending you an email notification, by posting a notice on our website or app or through our Financial Insights Service, or in any other manner we deem appropriate. The changes will take effect when they are first posted. Your continued use and access of the Financial Insights Service will confirm your acceptance of the revised terms. We recommend that you should regularly review these Financial Insights Terms to become aware of any changes that may have occurred. If you do not agree to the changes, you should cease using our Financial Insights Service by delinking your account from our Financial Insights Service. For more information about how to delink your account, refer to the section “Duration of services and termination”.

The headings used in these Financial Insights Terms are for convenience only and shall not affect their interpretation. In these Financial Insights Terms:

• unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
• use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.

We shall not be liable for any delay or failure to provide our services or perform any obligation under these Financial Insights Terms if the delay or failure is caused by circumstances beyond our reasonable control.

Each of the provisions of these Financial Insights Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Financial Insights Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Failure or delay by us in enforcing these Financial Insights Terms shall not be a waiver of that or any other provision of these Financial Insights Terms.

You may not assign any of your rights or obligations under these Financial Insights Terms.

These Financial Insights Terms and our General Terms and Conditions constitute the whole agreement and understanding between you and us in relation to the use of and access to our Financial Insights Service.

Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Financial Insights Terms are superseded, except as otherwise expressly stated in these Financial Insights Terms.

You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.

Neither you nor us shall be liable for non-performance or delays caused by an external event beyond yours or our reasonable control (as the case may be), including, without limitation, acts of war, terrorism, cyber or data security attack, civil commotion, epidemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency (“Force Majeure Event”). If the Force Majeure Event continues for a period of 60 days or more, the party not relying on the Force Majeure Event may terminate these Financial Insights Terms.

Disputes and applicable law

These Financial Insights Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia and shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you wish to contact us, notices to us can be given in writing and sent by email to: help@clearscore.com.au