Section 11: Experian Credit Header Data Identity Verification Services (“Experian CHD”)

1. Overview

1.1         This clause applies where You access the Experian CHD.

1.2         You agree that, in accessing and using this source, you are acting in your capacity as a reporting entity as defined in and for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and solely for verification purposes required by that Act.

2. DEFINITIONS

3. END USER’S OBLIGATIONS AND WARRANTIES
   • The End User shall:
     • in connection with the use of the Services comply with all applicable Laws including AML/CTF Act, the Privacy Act, the Australian Privacy Principles and all other Laws in Australia that relate to the privacy, protection, use or disclosure of Personal Information.
     • use the Services solely in its capacity as a reporting entity as defined under AML/CTF Act and solely for the Permitted Purpose.
     • not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Services.
     • not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the Services.
     • keep any information comprised within the Services strictly confidential and not disclose any part of such information to any person except as permitted by AML/CTF Act.
     • in order to protect the integrity of the information used in connection with the Services (i) comply with Experian reasonable instructions and guidelines relating to information security, to the extent that they are not in conflict with the existing information security standards of the End User, provided always that such standards are at least as strict as those required by Experian and (ii) not copy, interfere with and/or use in any unauthorised way any digital certificate or any other security device provided by Experian.
     • provide Experian with any information reasonably required by Experian to (i) provide the Services and/or (ii) to ensure compliance with all applicable Laws.
     • permit Experian (on reasonable notice and during normal working hours) to audit the End User’s compliance with its obligations under these Terms in relation to the use of Services or any other materials provided as a part thereof.
     • use all reasonable endeavours to ensure that any information provided to Experian is complete, accurate and in the agreed format.
   • The End User warrants that:
     • it is a reporting entity as that term is defined in AML/CTF Act;
     • prior to requesting the Services it (i) has provided to the individual who is the subject of a verification request with all the information required under section 35A(2)(a) of the AML/CTF Act, (ii) the individual provided a consent as required under section 35A(2)(b) of the AML/CTF Act and (iii) an alternative means of verifying the identity of the individual was made available to the individual as required under section 35A(2)(c) of AML/CTF Act.
     • where applicable, it will notify the individual in accordance with the requirements under section 35C of the AML/CTF Act.
   • The End User shall indemnify Experian against any loss or damage suffered or incurred by Experian as a result of or in connection with the End User’s breach of the warranties under Clause 2.2 above.

4. NATURE OF THE SERVICES
   • The End User acknowledges that the Services are not intended to be used as the sole basis for any business decision, and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable to guarantee. Experian is therefore not able to accept any liability for:
     • any inaccuracy, incompleteness or other error in the Services which arises as a result of data provided to Experian by the End User or any third party;
     • any failure of the Services to achieve any particular result for the End User.
   • To the extent permitted by law, Experian disclaims all warranties, representations or terms of equivalent effect that might be implied by law.

5. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in the Services will remain vested in Experian (or its relevant licensors).

6. TERMINATION

The End User’s access to the Services shall be immediately terminated in the event of a material breach of these Terms by the End User.

7. GENERAL
   • If any part of these Terms is found to be invalid or unenforceable by any court or other competent body, such invalidity or unenforceability shall not affect the other provisions of these Terms and such other provisions shall remain in full force and effect.

7.2 These Terms and all matters arising out of it shall be governed by, and construed in accordance with, the laws of Victoria. The courts of Victoria shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms.