We provide you with the following services (together, the Services):
- calculating and offering you a Discount on behalf of Participating Lenders via the Clear Name Website;
assisting you to repay Debts (less applicable Discounts) to Participating Lenders with:
- a one-off payment; or
- a Payment Instalment Plan (as per clause 6 below).
- ancillary services directly related to the above.
- Sometimes we will get paid for our Services, including on a commission basis if you repay a Debt to a Participating Lender. This helps us to provide our Services to you without charging you any fees.
- You warrant that you will at all times comply with all relevant laws and regulations in your access and use of the Services, and you will cooperate in any investigation relevant to your use of the Clear Name Website or our Services. You must not access the Clear Name Website or use our Services on behalf of any other person. We may report any unauthorised use of our Services as fraud, and may report any other suspicious activity using the Clear Name Website to enforcement agencies or credit providers.
- We provide you with the following services (together, the Services):
TERM & ELIGIBILITY
- To be eligible to use our Services, you must be a current Credit Simple Member. If you are not a Credit Simple Member, please register on the Credit Simple Website.
Unless the Services are suspended or terminated in accordance with clause 10:
- your access to the Clear Name Website will continue until you cease to be a Credit Simple Member;
- your Payment Instalment Plan will continue until it is cancelled in accordance with clauses 6.3 or 6.6, or until it is fully paid out.
- We use your Credit Report (that you authorise Credit Simple to provide to us) to identify Debts that you owe to Participating Lenders for the purpose of providing our Services.
We do not represent that your Debt identified on your Credit Report or via Services represents all amounts owing by you to all lenders or to any particular Participating Lender.
For example, the Debt information may not be complete or correct for the following reasons:
- Participating Lenders - the Clear Name Website only covers Debts owing to Participating Lenders that Participating Lenders have appointed Clear Name to collect;
- Default Information / Credit Default - the Clear Name Website only covers Debt that satisfies the criteria for (i) “Default Information” under the Privacy Act where the Territory is Australia (eg the Clear Name Website does not include Debt that is less than 60 days overdue) or (ii) “Credit Default” under the Credit Reporting Privacy Code 2004 where the Territory is New Zealand (eg the Clear Name Website does not include Debt that is less than 30 days overdue);
- Interest and default fees - additional interest and default fees may have accrued on your Debt;
Repayments - there may be a delay between a repayment that you have made and updates to your Credit Report. For example:
- you may have made payments to a Participating Lender which the Participating Lender has not yet notified to the Credit Reporting Body;
- repayments that you make via Clear Name (including repayments that you make pursuant to a Payment Instalment Plan) may take a few days to settle (generally up to 5 days) depending on your financial institution; and
- when the Credit Reporting Body is notified about a payment you have made, it will complete its internal processes before updating your Credit Report.
- Without limiting the above, where the Clear Name Website refers to an “outstanding balance” or “outstanding amount”, paying a balance “in full” or similar expressions (including in respect of a Payment Instalment Plan), it is referring to the specific amounts displayed on the Clear Name Website or on your Clear Name Payment Instalment Plan (as applicable) and may not include other amounts that you may owe to a Participating Lender.
We are not your agent and we represent Participating Lenders strictly for the purpose of collecting payments via the Services. If you wish to discuss a specific Debt, you should contact
the applicable Participating Lender, including (without limitation) if you have any questions relating to:
- details of the Participating Lender’s internal complaints processes and dispute resolution scheme;
- information about the availability of relief for unforeseen hardship and application processes for seeking changes to your credit agreement on the grounds of unforeseen hardship; and
- the potential consequences of the applicable default, including, if relevant, repossession.
- We are not your agent and we represent Participating Lenders strictly for the purpose of collecting payments via the Services. If you wish to discuss a specific Debt, you should contact the applicable Participating Lender, including (without limitation) if you have any questions relating to:
You must not:
- access or use the Clear Name Website if you are directly or indirectly involved (in any capacity) in the operations of a service that competes with our Services;
- directly or indirectly use any content on the Clear Name Website for the purpose of building, improving or providing any product or service that competes with all or any part of our Services or has similar features or functionality;
- use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
- use a robot, spider, scraper or other unauthorised automated means to access the Clear Name Website or information featured on it, or harvest information from the Clear Name Website, for any purpose;
- use the Services for any fraudulent or unlawful purpose, or in a way that will result in complaints, disputes or claims, costs or liability to us or you; or
- take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Clear Name Website, including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or harmful; or
- do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services.
- You must not:
PAYMENT INSTALMENT PLANS & OVERPAYMENTS
Setting up Payment Plan - When you set up a Payment Instalment Plan:
- it must comprise at least two instalment payments;
- the minimum amount of each instalment payment must be at least $20;
- where practicable, we will calculate the payments so that all instalment payments are exactly the same. If that is not possible, we will calculate the payments so that the last instalment payment is less than all other instalment payments under the Payment Instalment Plan; and
- if a Discount is applicable to your Payment Instalment Plan, the Discount is strictly subject to you paying all instalment payments under the Payment Instalment Plan in full in accordance with this clause 6.1.
Updating your Payment Instalment Plan –When you are logged into the Clear Name Website, you can update your Payment Instalment Plan, including by deferring or varying payments, cancelling your Payment Instalment Plan or changing your payment method, subject to the following:
- you can make up to five updates to the details of your Payment Instalment Plan, and up to three payment deferrals including any updates that are made automatically as a result of a missed payment (as detailed in clause 6.6 below);
- we will endeavour to make your requested updates in a timely manner - however, we cannot guarantee a specific timeframe due to factors outside our control; and
- you cannot make any updates in respect of a particular payment after the payment has been made, on the applicable Payment Processing Date or whilst the applicable payment is processing.
- Cancelling your Payment Instalment Plan – You may cancel your Payment Instalment Plan at any time via the ‘Cancel plan’ page on the Clear Name Website, except that you cannot cancel a Payment Instalment Plan on the applicable Payment Processing Date or while your payment is processing.
Consequences of cancellation - If your Payment Instalment Plan is cancelled:
- you will not be eligible for any Discount that would have applied to the applicable Debt if you had completed the Payment Instalment Plan in full. This means that no Discount will apply to any payments that you have already made under the Payment Instalment Plan; or
- you will not be entitled to a refund of any amounts that you have paid under the Payment Instalment Plan.
- Credit Simple membership - If your Credit Simple membership terminates for any reason, any Payment Instalment Plan that you have entered into via our Service will remain in place. You will need to re-register for Credit Simple, or contact the Clear Name support team, if you wish to update or cancel your Payment Instalment Plan.
Missed and deferred payments (including charge-backs and reversals) – If under a Payment Instalment Plan you miss or defer, or have charged-back or reversed:
- up to three (3) payments - those payment(s) will be added to the end of the payments schedule for the applicable Payment Instalment Plan;
- a fourth (4th) payment - the Payment Instalment Plan will automatically be cancelled, and the consequences in clause 6.4(a) and (b) will apply.
In the event of a charge-back or reversal, the Debt will be updated to reflect the instalment amount of the charged-back or reversed payment.
Where a charge-back or reversal occurs in relation to a Payment Instalment Plan that has been treated as full-paid, the fully-paid status will be reversed (ie the remaining portion of the unpaid Debt will still be active), and you will need to contact the Clear Name support team within 10 Business Days of the charge-back or reversal. Failure to do so will result in cancellation of your Payment Instalment Plan, with the consequences as set out in clause 6.4(a) and (b) No Clear Name charges apply to deferred or missed payments. However, an Ezidebit payer dishonour fee of AUD $14.80 (GST incl) (where Territory is Australia) or NZD $14.95 (GST incl) (where Territory is New Zealand) will apply to missed payments.
Payment Processing Date - If you set up a Payment Instalment Plan with monthly, weekly or fortnightly payments, you may select the day of the month on which each payment will be processed (Payment Processing Date), subject to the following:
- depending on your financial institution, the actual date on which each payment is processed may vary;
- for Payment Instalment Plans with monthly payments, if you select the 29th, 30th or 31st of the month as your Payment Processing Date, if any month covered by your Payment Instalment Plan does not have a 29th, 30th or 31st day (as applicable), the applicable payment will be processed on the 1st day of the immediately following month (e.g., on the 1st of March for a payment that is scheduled for the 29th of February);
- if any Payment Processing Date falls on a weekend or public holiday, the applicable payment will be processed on the immediately following business day (subject to the practices of your financial institution); and
- all payments will be processed in Australian Eastern Standard Time (AEST).
- Completion date – Any completion date for a Payment Instalment Plan specified by Clear Name is an estimate only and is based on the scheduled Payment Processing Date for the last instalment payment. However, as detailed above, the actual Payment Processing Date (and, therefore, the actual completion date of your Payment Instalment Plan) will depend on your financial institution as well as any updates made to your Payment Instalment Plan in accordance with this clause 6.
- Overpayment - We will take reasonable steps to implement systems to avoid any overpayment of a Debt (Overpayment). However, if you make an Overpayment, you must notify us and your Participating Lender and, if the Overpayment is verified, an amount equal to the Overpayment may be repaid to you by either Clear Name or the Participating Lender.
- Setting up Payment Plan - When you set up a Payment Instalment Plan:
- In order to make a payment using our Services, you must link to our payment services provider, Ezidebit. You agree to the applicable Ezidebit terms and conditions identified on the Clear Name Website when you make a payment using our Services. If you have any issues or complaints, you must contact Ezidebit directly.
The payment methods available are direct debit and debit card only. Ezidebit complies with all relevant payment requirements and handles all payment processing complaints. You authorise Ezidebit to:
- debit your nominated account through the Bulk Electronic Systems (BECS) in accordance with the DDR Service Agreement, and as per the Ezidebit Direct Debit Agreement Terms & Conditions; and
- debit payments from your specified Debit Card, and you acknowledge that Clear Name will appear as the merchant on your debit card statement.
INTELLECTUAL PROPERTY RIGHTS
- We (or our licensors) own all rights to the Clear Name Website and all the content through the Services, whatever its nature (Site Content). You may not use or reuse in any form or by any means, any Site Content without our express prior written consent. Nothing on the Clear Name Website should be interpreted as granting (by implication or otherwise) any license or right to use any of the Site Content or trademarks displayed on the Clear Name Website, including by linking or framing. We prohibit the use of any of our trademarks as part of a link to or from any other website unless establishment of such a link is approved in writing by us in advance. All rights not expressly granted to you are expressly reserved by us.
TERMINATION & SUSPENSION
CHANGES AND MODIFICATIONS
DISCLAIMER & LIABILITY
(Disclaimer & Liability) While we endeavour to provide the Services (including all information forming part of the Services) accurately and in accordance with the Service’s stated description, you acknowledge the following (to the extent permitted by law and subject to clause 13.2):
- The Services are provided strictly on an “as is” and “as available” basis;
We exclude all liability to you for:
- the Services being inaccurate, incomplete or unsuitable;
- any delay or unavailability of the Services, or the Services being out-of-date;
- any data loss or corruption, or any viruses or other harmful components associated with Services; and
- any use of the Services by you, including any decisions made or outcomes based on the Services,
- We are not liable to you (whether in contract, tort, negligence or otherwise) for any loss of profit, revenue, anticipated savings, goodwill, reputation or opportunity, or any other indirect or consequential loss; and
Without in any way limiting clause 12.1, the following disclaimers also apply (to the extent permitted by law):
Discounts - While we make all reasonable efforts to ensure that Discounts are accurate and up-to-date:
- we do not accept responsibility for any information given by Participating Lenders, including information about any Discount; and
- in the unlikely event that an incorrect Discount is presented to you (for any reason), and you make a payment based on that incorrect Discount, we will notify you and inform you of your options. For example, we may need to recalculate the remaining amount owing in respect of the applicable Debt. If an alternative option is not available (or you don’t approve an alternative option), then you authorise us or the applicable Participating Lender to refund (or to direct Ezidebit to refund) any payment(s) that you made based on the incorrect Discount and the applicable Debt will remain owing in full to the applicable Participating Lender;
- Payment Services - Responsibility for processing the payments rests with Ezidebit (and not with us);
- Credit Reports - Our Services rely on information derived from your Credit Report. In accordance with the disclaimer included on that Credit Report, the Credit Reporting Body and Clear Name do not and cannot guarantee or warrant the correctness, completeness, or fitness for any particular purpose (including for the purpose of our Services) of any information in your Credit Report. Except as expressly set out in these Terms, we disclaim any responsibility or liability whatsoever (whether in contract, tort (including negligence) or otherwise) for the calculation of any amount owing by you to a Participating Lender, including as a result of incorrect or out of date information in your Credit Report.
- Not financial advice - We do not provide any personalised financial, legal or tax advice and we express no opinion on your debt repayment and debt management. 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.
- Countries - We make no representation or warranty that our Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Service is not illegal or prohibited in your relevant country.
- Links - The Clear Name Website may contain links to other websites, including the Credit Simple Website and websites of Participating Lenders and advertisers (Third Party Sites). We do not control and are not responsible for the Third Party Sites, nor do we endorse or make any representations about those sites or their content. If you access any of the Third Party Sites linked to the Clear Name Website, you do so entirely at your own risk.
- Discounts - While we make all reasonable efforts to ensure that Discounts are accurate and up-to-date:
- (Disclaimer & Liability) While we endeavour to provide the Services (including all information forming part of the Services) accurately and in accordance with the Service’s stated description, you acknowledge the following (to the extent permitted by law and subject to clause 13.2):
- If you are using, or holding yourself out as using, the Clear Name Website “in trade” (as defined in the Consumer Guarantees Act 1993 (CGA)), the provisions of the CGA do not apply to any services we provide to you. If you are not using or holding yourself out as using the Clear Name Website “in trade”, nothing in these Terms will exclude, restrict or modify any guarantee, right or remedy that you may have under the CGA.
- We indemnify you from any Third Party Claims against you which arise due to our Services infringing a third party’s intellectual property rights (except to the extent caused by you). If our Services are alleged to infringe a third party’s Intellectual Property Rights, we may, at our sole option and expense, elect to modify or replace the Services so they are non-infringing, or cancel supply of the Services and terminate this agreement. To the extent permitted by law, this clause states our sole liability, and your sole remedy, with respect 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: (i) promptly give written notice to the indemnifying party of the Third Party Claim; and (ii) allow the indemnifying party to conduct the defence and settlement of that claim (provided the indemnified party is not detrimentally impacted.
- Each party must (unless expressly agreed otherwise): (a) use Confidential Information only for the purposes of the Services; and (b) keep confidential all Confidential Information and only disclose Confidential Information of the other party to its Personnel who need to know for the purposes of providing the services.
- The confidentiality obligations in clause 15.1 do not apply to information that: (a) is or becomes legally in the public domain at the time of disclosure without a breach of clause 15.1; (b) is legally obtained from a third party; (c) was in already in the possession of a party at the time of disclosure without any associated obligation of confidentiality; (d) has been independently developed by a party; or (e) is required to be disclosed by law or the rules of a stock exchange.
- Neither party shall be liable for non-performance or delays caused by an external event beyond the reasonable control of a party, 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 the affected Services Agreement.
- You agree that any notices or other communications may be provided to you electronically (either by posting messages on the Clear Name Website, or via the email you have provided as part of the registration process). You may send notifications to us via firstname.lastname@example.org (where the Territory is Australia), and via email@example.com (where the Territory is New Zealand).
- Assignment - A party must not assign or novate this agreement, except with the prior written permission of the other party (not to be unreasonably withheld). However we may assign our rights or novate this agreement to any of our group companies or in connection with a merger or consolidation involving us or the sale of substantially all of our assets.
- Delay - No delay or failure by either party to exercise a right under these terms prevents the exercise of that right or any other right on that or any other occasion.
- Severability - If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.
- Interpretation - A word importing the singular includes the plural and vice versa, and references to “including” shall be construed as “including, without limitation
- Currency - reference to “$” or “dollars” means AUD where the Territory is Australia, and NZD where the Territory is New Zealand.
- References to our Related Bodies Corporate is intended to confer a benefit on those companies, and be enforceable by those companies (including for the purposes of the Contract and Commercial Law Act 2017 (New Zealand), Part 2, subpart 1 (Contractual Privity).
- Clear Name, we or us
- means illion Australia Pty Ltd (ABN 95 006 399 677) where you are accessing the Website via “.com.au”, or (b) illion New Zealand Limited (Co. No. 361901) where you are accessing the Website via “.co.nz.”
- Clear Name Website
- means the website at the following location: https://www.clearname.com.au (where the Territory is Australia) or https://www.clearname.co.nz (where the Territory is New Zealand).
- Confidential Information
- means all information that could be reasonably regarded in the circumstances as confidential and not part of the public domain, including, without limitation, information relating to the terms of this agreement or a party’s business affairs.
- Consumer Law
- means (a) in Australia, as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth); and (b) in New Zealand, as set out in the Fair Trading Act 1986 (NZ) and the Consumer Guarantees Act 1993 (NZ).
- Credit Report
- means the most recent Credit Information (as that term is defined in Part IIIA of the Privacy Act) from the Credit Reporting Body, that you authorise Credit Simple to provide to Clear Name.
- Credit Reporting Body
- means DBCC Pty Ltd in Australia, and illion New Zealand Limited in New Zealand.
- Credit Simple
- means Credit Simple (Australia) Pty Limited (where the Territory is Australia), or Credit Simple (NZ) Limited (where the Territory is New Zealand).
- Credit Simple Member
- means an individual who has completed Credit Simple’s online registration process to become a member of Credit Simple and has not terminated that membership or had their membership terminated.
- Credit Simple Website
- means the Website available at the URL https://www.creditsimple.com.au (where the Territory is Australia), or https://www.creditsimple.co.nz (where the Territory is New Zealand).
- Debt means:
- where the Territory is Australia - the “default Information” (as defined in the Privacy Act) recorded on your Credit Report as the amount owing to a Participating Lender;
- where the Territory is New Zealand, - the amount recorded on your Credit Report as a “credit default” (as defined in the Credit Reporting Privacy Code 2004) owing to a Participating Lender, which the Participating Lender has appointed us to collect.
- means any discount on a Debt offered to you on the Clear Name Website on behalf of the applicable Participating Lender.
- means Ezidebit Pty Ltd Limited (where the Territory is Australia), and Ezidebit (NZ) Limited (where the Territory is New Zealand).
- Participating Lender
- means a lender who has entered into an agreement with us to participate in our Services.
- Payment Instalment Plan
- means any payment instalment plan that you have entered into via our Services.
- Payment Processing Date
- has the meaning in clause 6.7.
- Privacy Laws
- has the meaning in clause 9.1.
- Related Body Corporate
- means (a) where the Territory is Australia – the meaning given to that term in section 9 of the Corporations Act 2001; and (b) where the Territory is New Zealand – the meaning given to “Related Company” in section 2(3) of the Companies Act 1993.
- means (a) Australia, if you are accessing Services via a “.com.au” Clear Name Website; or (b) New Zealand, if you are accessing Services via a “.co.nz” Clear Name Website.
- Third Party Claim
- means any claim, suit, action or demand by a third party, and will include any directly related liability, cost, damage or expense (including a fine or penalty imposed by a regulator).
- means the end user that is accessing or using the Services.