1. HOW THIS AGREEMENT WORKS
1.1 This Agreement is a contract between you (the user of the Service) and Incredo Pty Ltd ACN 602 432 146 (“Incredo”). It sets out the terms and conditions that apply to your use of our Services. You agree that your use of our Services shall constitute your acceptance of this Agreement.
1.2 If you do not want to be bound by this Agreement, you must stop using our Services. The Agreement will continue to apply to your previous use of our Services.
“Customer Data” means a your bank account information, bank account transaction history, myGov account information, credit information (including but not limited to repayment history, payment default, details about credit commencement and expiry dates and serious credit infringement and court proceeding information), and employment related and work contact information as provided by you or as you have consented to Incredo obtaining or accessing under this Agreement.
“Service(s)” means the collection and provision of your Customer Data by Incredo to a credit provider to enable assessment by the credit provider of your financial and other circumstances revealed by the Customer Data and personal information Incredo collects.
Incredo will provide the Services in accordance with this Agreement. In order for Incredo to provide the Services, You agree to the following:
3.1 Provide Accurate Information
You agree to provide true, accurate, current and Customer Data and you agree to not misrepresent your identity or your account information. You agree to keep your Customer Data up to date and accurate.
3.2 Proprietary Rights
You may not copy, reproduce, distribute, or create derivative works from the Service however those may be obtained. Further, you agree not to reverse engineer or reverse compile any of the Service technology, or do, or attempt to do, any act or thing which may interfere with Incredo’s ability to properly carry out the Services.
3.3 Content You Provide
3.4 Third Party Accounts
(a) You agree and acknowledge that in order for you to use the Service it is necessary for you to provide to Incredo your personal login credentials in respect of accounts for which you wish to use the Service.
(b) To enable Incredo to perform the Services you authorise Incredo to access any third party sites and accounts designated by you, on your behalf, to retrieve Customer Data.
(c) For the sole purpose of performing the Services you hereby grant Incredo a limited power of attorney, and you hereby appoint Incredo as your true and lawful attorney and agent to access third party internet sites (including those for which you have provided your personal login credentials), servers or documents, retrieve information, and use your Customer Data, with the full power and authority to do and perform each and every act and thing in connection with such activities, as you might or could do in person. You acknowledge and agree that when Incredo accesses and retrieves Customer Data from third party sites, Incredo is acting as your agent, and not the agent or on behalf of the third party. You agree that third party account providers shall be entitled to rely on the foregoing authorisation, agency and power of attorney granted by you.
(d) You understand and agree that the Service is not endorsed or sponsored by any third party account providers accessible through the Service. It is your responsibility to ensure that your use of the Service is permitted by third party account providers with whom you hold accounts.
4. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
4.1 Your use of the Service and all Customer Data provided by you or accessible as a result of the provision of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
4.2 Except as expressly provided to the contrary in this Agreement, all guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, relating to this Agreement or its subject matter are excluded to the maximum extent permitted by law.
4.3 Without limiting the generality of clause 4.2, Incredo makes no warranty:
(a) that the Service will be of satisfactory quality, be fit for a particular purpose, will be accurate and do not infringe the rights of any third party;
(b) the Service will meet your requirements or expectations;
(c) the Service will be uninterrupted, timely, secure, or error-free;
(d) the results that may be obtained from the use of the Service will be accurate or reliable; and
(e) errors or defects will be corrected, however Incredo will endeavour to correct errors within a reasonable time.
5.1 You agree to indemnify Incredo against all claims, liability, damages, expenses and costs which Incredo may suffer of incur caused by or in connection with your use of the Service, any breach of the terms of this Agreement by you, or by any other authorised user of your account(s).
6.1 This Agreement is the entire agreement between both parties as to its subject matter.
6.2 Incredo may assign its interest in this Agreement without your consent.
6.3 This Agreement shall be governed by the laws of the State of Queensland.