Credit Simple Terms of Use

Last updated October 2018

You are bound by these Terms of Use (including our Privacy Policy and Disclaimer) each time you create an account and browse the Credit Simple Website, or use any of our Services. These Terms of Use may be updated from time to time in accordance with clause 10.1. Capitalised Terms have the meaning given in the main body of these Terms of Use, or in clause 18.

  1. Services
    • 1.1 We provide you with the following services (together, the Services):
      • (a) access to your personal credit score and other credit information about you from a Credit Reporting Body (Personal Credit Information);
      • (b) if you are a director of a registered company incorporated in the Territory, access to credit scores and other credit information relating to that company (Business Credit Information), from a Credit Reporting Body using Credit Simple for Business;
      • (c) access to information and offers from providers of goods and services, including credit providers (together Providers);
      • (d) access to your Bank accounts in one place, when you use Money Simple – see section 3.3 below;
      • (e) insights and information about your credit rating; and
      • (f) information and updates about other products and services.
    • 1.2 The Credit Simple Website may also provide you with access to debt repayment services and discounts by linking to the Clear Name Website. The Clear Name Website is operated by Clear Name. By linking to the Clear Name Website, you agree to follow and be bound by the Clear Name Website Terms of Use and Clear Name Privacy Policy.
    • 1.3 We grant you a non-exclusive, non-transferable, limited licence to use the Services for your personal and non-commercial use in accordance with these Terms of Use.
    • 1.4 You warrant that you will at all times comply with all relevant laws and regulations in your access and use of the Services, and provide true and accurate information, and you will cooperate in any investigation relevant to your use of the Credit Simple Website or our Services.
    • 1.5 You must keep your username and password (Login) confidential. You must not disclose to or allow another person to use your Login. Please change your password and contact us immediately if you become aware of any unauthorised use of your Login or any other breach of security. We may treat any access or use of the Credit Simple Website at any time by the use of your Login as access or use of the Credit Simple Website by you.
  2. Term & Eligibility
    • 2.1 Your access to the Services continues until (a) you cancel your Credit Simple account (by emailing us at support-au@creditsimple.com.au (Australian customers) or support@creditsimple.co.nz (NZ customers) in which case we will terminate your account as soon as practicable); or (b) the Services are suspended or terminated by us in accordance with clause 9.
    • 2.2 To be eligible to use our Services you must be:
      • (a) 18 years of age or older – you meet our identity verification requirements to confirm this; and
      • (b) resident in Australia or New Zealand – you must provide a current residential address in Australia or New Zealand when you register for Credit Simple and you must terminate your account if you are no longer a resident of New Zealand or Australia in future.
    • 2.3 To be eligible to use Credit Simple for Business, you must be a current director of a registered company incorporated in the Territory. You must not access (or attempt to access) information about a company using Credit Simple for Business unless you are a current director of that company. We confirm this with the following process:
      • (a) you can only access Credit Simple for Business when you are logged into your Credit Simple account;
      • (b) you can only use Credit Simple for Business, to access information about a registered company incorporated in your Territory, if we are able to verify that you are a current director of that company, based on publically available company records; and
      • (c) each time you use Credit Simple for Business you are deemed to confirm that:
        • (i) you are still a current director of each company in your Territory that you have selected using Credit Simple for Business; and
        • (ii) each company you have selected using Credit Simple for Business is still a registered company incorporated in your Territory.

      If you cease to be a director of a company and/or if that company ceases to be registered and Credit Simple has not automatically terminated your access to information about that company, you must notify us immediately and in any event you must immediately cease accessing any information whatsoever about that company using Credit Simple for Business.

    • 2.4 If we are unable to verify that you are a director of a registered company incorporated in your Territory based on publically available company records, please contact us using the details below. In order to proceed, you may need to provide us with additional information that we request to confirm this.
    • 2.5 You must register for the Services in your personal capacity, and not through an agent or on behalf of any other person. On request you must provide confirmation of your identity, current address or any information you provide to us. We may report any unauthorised use of our Services as fraud, and may report any other suspicious activity using the Credit Simple Website to enforcement agencies or credit providers.
  3. Access to your Credit Information
    • 3.1 You may use the Credit Simple Website to request access to, and correction of, Credit Information held by a Credit Reporting Body.
    • 3.2 If you request access to and/or correction of your Credit Information using the Credit Simple Website you:
      • (a) appoint and authorise us as your agent, to act on your behalf, to request that the Credit Reporting Body:
        • (i) provides you with your Credit Information (to be accessed through the Website) and/or updates that Credit Information;
        • (ii) provides you with periodic updates about your Credit Information, including changes to your Credit Information (to be accessed through the Website and/or provided to you by Credit Simple by email or other electronic means); and
        • (iii) corrects your Credit Information (to the extent you ask us via the Credit Simple Website); and

        Where the Territory is Australia, you acknowledge we may exercise your rights as access seeker under Part IIIA of the Privacy Act 1988 (Cth) (Privacy Act) to the extent permitted by Privacy Act.

      • (b) authorise us to disclose Personal Information to, and collect your Personal Information from, the Credit Reporting Body, in accordance with our Privacy Policy.
    • 3.4 If you use Credit Simple for Business, we have systems to assist with making access to your Business Credit Information efficient. In particular, in many cases, we will only access your Business Credit Information from a Credit Reporting Body once in any day. Accordingly, you acknowledge that, if you use Credit Simple for Business to access your Business Credit Information more than once in a day, that Business Credit Information may be the same information that you accessed earlier that day (without any updates that may be applicable).
  4. Access to your bank information
    • 4.1 You can also use Money Simple Services, on the Credit Simple Website, to access information relating to all of your chosen Bank accounts in one place. This Service is made possible through the specialised services provided to us by Proviso (one of our Related Bodies Corporate).
    • 4.2 If you use Money Simple, you authorise us and Proviso:
    • 4.3 In order to make the Money Simple Service efficient, Credit Simple and/or Proviso may extract: (a) all information available from your Bank(s) using your Bank Credentials (even if you only request to see part of that information at any particular time, for example, by selecting specific chosen accounts); and (b) that information on each day that you log into your Credit Simple account.
    • 4.4 If you use Money Simple you:
      • (a) confirm that you have express authority from any applicable joint account holders to use Money Simple and to appoint us as your agent in accordance with, and provide the authorisations set out in, clause 4.2;
      • (b) acknowledge that you are solely responsible for ensuring that your use of Money Simple (including appointing us as your agent in accordance with this clause 4.3(a)) complies with the terms and conditions of your chosen Banks; and
      • (c) acknowledge that, if you provide us with incorrect Bank Credentials, you will not be able to see the account information on Money Simple and you may be locked-out of direct access to your account (in the same way as you would be locked-out if you enter incorrect credentials when you endeavour to access your accounts directly).
  5. Offers from Providers
    • 5.1 By using the Credit Simple Website and accessing the Services, you agree and accept that:
      • (a) we can filter offers of products and services from Providers (Offers) that are displayed to you on the Credit Simple Website based on the Personal Information which you have agreed to share with us in accordance with our Privacy Policy, including your Credit Information and Money Simple Information;
      • (b) the Offers displayed to you do not take into account your personal financial situation or your personal investment objectives, and you should not interpret any Offer you receive as being appropriate for you or constituting personalised financial advice;
      • (c) we are not providing you with any legal, taxation, financial or other advice about the suitability or appropriateness of any Offer or Service;
      • (d) you should seek advice from an appropriately-qualified financial adviser before making any decision in relation to an Offer if you need assistance; and
      • (e) the Credit Simple Website will not present all Offers that may be available to you.
    • 5.2 We are not an agent of any Provider in relation to the provision of credit or any Offer. Our role is limited to advertising or displaying Offers to you at the request of Providers. In the interest of transparency, we may receive income from Providers for presenting offers to you, or if you choose to apply to the advertised Provider.
    • 5.3 If you choose to complete an application for any product, service or Offer you will be dealing directly with the relevant Provider in relation to the product, service or Offer made available by them. It is the Provider (and not us) that assesses any applications to accept an Offer and determine whether an application is successful. We do not guarantee that you will be accepted or be eligible for any product, service or Offer that may be shown on the Website.
    • 5.4 In assessing a credit application, a Provider may use information from various sources, including Credit Reporting Bodies. We do not provide your personal credit score or credit history (or any commercial credit score or credit history if you use Credit Simple for Business) to the Provider when you apply for a product, service or Offer advertised on the Website.
  6. Prohibited Conduct
    • 6.1 You must not:
      • (a) directly or indirectly use any content on the Credit Simple 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;
      • (b) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
      • (c) use a robot, spider, scraper or other unauthorised automated means to access the Credit Simple Website or information featured on it, or harvest information from the Credit Simple Website, for any purpose;
      • (d) 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 publish any material in any forum by any means that is, offensive, discriminatory, unlawful, threatening, harassing, defamatory, false, inaccurate or misleading;
      • (e) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Credit Simple Website or our Services, 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
      • (f) do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services.
  7. Intellectual Property Rights
    • 7.1 We (or our licensors) own all rights to the Credit Simple Website and Services (including all logos and trademarks) and all the content available 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 Credit Simple 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 Credit Simple 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.
  8. Privacy
    • 8.1 We will collect, use and disclose Personal Information in accordance with our Privacy Policy, and in accordance with the Privacy Act 1988 (Cth) (where the Territory is Australia) and the Privacy Act 1993 (NZ) (where the Territory is New Zealand) and any other applicable privacy laws, including any determination, code or guideline issued under those laws in the relevant territory (in each case as amended or replaced at any time) (Privacy Laws).
  9. Termination & Suspension
    • 9.1 You may cancel your Credit Simple account at any time, in accordance with clause 2.1. You can cancel or suspend your use of Money Simple at any time by navigating to the Money Simple Manage Accounts page and following the instructions to remove all of your chosen accounts.
    • 9.2 We reserve the right to deny, suspend or terminate your Credit Simple account and/or access to the Services (in whole or in part) at any time, for any reason whatsoever (including any breach of these Terms of Use), at our absolute discretion. Where it is possible for us to contact you directly, we will notify you of any suspension or termination and the reasons for it. If we terminate your Credit Simple account, your access to all Services will automatically terminate.
    • 9.3 On termination of any Services (in whole or in part) the following provisions apply in respect of the Services that are terminated: (a) each licence granted by us in respect of the Services also terminates; and (b) you must immediately cease using the Services and delete copies of our Confidential Information. On termination of any Services (in whole), we will delete your Personal Information, except to the extent we’re required by law or by our internal document retention policies to retain it, or have the right to retain it under any rights granted to us through our Privacy Policy.
  10. Changes and Modifications
    • 10.1 We may amend these Terms of Use, our Privacy Policy and Disclaimer from time to time at our sole discretion by publishing an updated version on the Website. You should check the Terms of Use, our Privacy Policy and Disclaimer regularly, prior to using the Website, to ensure you are aware of any changes, and only proceed to use the Website if you accept the new Terms of Use, Privacy Policy and Disclaimer (as applicable). Your continued use of our Services following any amendments indicates that you accept the amendments.
    • 10.2 We reserve the right to change, cancel or discontinue (temporarily or permanently) the Services at any time. If we cancel or discontinue the Service (where not due to your acts or omissions or breach) we will endeavour to provide you with notice (which may include notice via the Website).
  11. Disclaimer & Liability
    • 11.1 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 12.2):
      • (a) The Services are provided strictly on an “as is” and “as available” basis.
      • (b) We exclude all liability to you for:
        • (i) the Services being inaccurate, incomplete or unsuitable;
        • (ii) any delay or unavailability of the Services, or the Services being out-of-date;
        • (iii) any data loss or corruption, or any viruses or other harmful components associated with Services;
        • (iv) any use of the Services by you, including any financial decision or action taken by you or anyone else in reliance on the information provided on the Website or through the Services. We recommend that you seek advice from an appropriately-qualified financial adviser before choosing to apply for any Offer if you need assistance; and
        • (v) any fraudulent or unauthorised registration of a Credit Simple account or any information contained on the Website or available through the Services;
      • (c) 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;
      • (d) To the extent we have any liability to you in relation to the Services or under these Terms of Use (other than for our fraud, breach of clause 8 (Privacy) or under the indemnity in clause 13.2 (Third Party Claims)), our liability is limited to resupply of the Services; and
      • (e) To avoid doubt, references to the “Services” for the purposes of this clause 11.1 will also include your Credit Information and information given by or accessed in connection with your use of Credit Simple, including from your Banks, Providers and Clear Name.
    • 11.2 Without in any way limiting clause 11.1, the following disclaimers also apply (to the extent permitted by law):
      • (a) Offers and Discounts – While we take all reasonable steps to ensure that Offers to you that we receive from Providers, and Discounts via the Credit Simple Website and Services are presented accurately and are up-to-date, you acknowledge that:
        • (i) we rely on information provided by Providers and by Clear Name;
        • (ii) Offers and Discounts can also change from time to time after they appear on the Credit Simple Website; and
        • (iii) we do not accept responsibility for any information given by Provider or Clear Name to you, including information about any Offer or Discount.
      • (b) Credit Reports – If you use Credit Simple to access your credit report, or other Credit Information, we do not represent that any debt identified on a credit report represents all amounts owing by you (or, in respect of Credit Simple for Business, the applicable company) to all or to any particular lender. For example (without limitation):
        • (i) your personal credit report only covers debt that satisfies the criteria for “Credit Defaults” under the Privacy Laws;
        • (ii) additional interest and default fees may have accrued on your debt (or, in respect of Credit Simple for Business, the applicable company’s debt); and
        • (iii) you (or, in respect of Credit Simple for Business, the applicable company) may have made payments to a lender which the lender has not yet notified to the Credit Reporting Body.
      • (c) Bank accounts – If you use Money Simple, we and Proviso rely on information extracted from your chosen Banks and we do not accept responsibility for any information extracted from your chosen Banks, including for the accuracy, timeliness or categorisation of your Money Simple Information. For example, if you have registered for Money Simple, in general, Credit Simple and/or Proviso will only extract information from your chosen Banks once on each day that you log into your Credit Simple account. Accordingly the information that you access using Money Simple may not include your most recent transactions.
      • (d) Not financial advice – We do not provide any personal 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.
      • (e) Countries – Use of our Services is strictly limited to residents of New Zealand and Australia. 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. If you access our Services when you are travelling, you are responsible for ensuring that your access to and use of the Service is not illegal or prohibited in your relevant country.
      • (f) Links – The Credit Simple Website may contain links to other websites, including the websites of Providers and of Clear Name (Third Party Sites). Links to Third Party Sites are provided for convenience only. 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 Credit Simple Website, you do so entirely at your own risk.
    • 11.3 The limitations on our liability and disclaimers set out in this clause 11 also apply to our Related Bodies Corporate and service providers, including Credit Reporting Bodies and Proviso.
  12. Implied Warranties
    • 12.1 To the maximum extent permitted by law, and subject to clause 12.2 and 12.3, any representation, warranty, condition, guarantee or undertaking that would be implied into these Terms of Use by legislation or otherwise is excluded.
    • 12.2 Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Consumer Law or any other applicable law that cannot be excluded, restricted or modified (Non-Excludable Obligation). However to the fullest extent permitted by law, our liability for a breach of a Non-Excludable Obligation is limited, at our option, to the cost of supplying the Services again or payment of the cost of having the Services supplied again.
    • 12.3 If you are using, or holding yourself out as using, the Credit Simple Website (including Credit Simple for Business) “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 Credit Simple Website “in trade”, nothing in these Terms of Use will exclude, restrict or modify any guarantee, right or remedy that you may have under the CGA.
  13. Liability and Indemnity
    • 13.1 You indemnify us from any Third Party Claims against us which arise due to your breach of these Terms of Use (including clause 2 (eligibility) and clause 4.4 (Money Simple)).
    • 13.2 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 and/or your breach of these Terms of Use). 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 these Terms of Use. 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
    • 13.3 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).
    • 13.4 You acknowledge and agree that this clause 13 is fair and reasonable in the context of the Services being provided to you at no charge.
  14. Confidentiality
    • 14.1 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.
    • 14.2 The confidentiality obligations in clause 14.1 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 14.1; (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.
  15. Force Majeure
    • 15.1 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).
  16. Notices
    • 16.1 You agree that any notices or other communications may be provided to you electronically (either by posting messages on the Credit Simple Website, or via the email you have provided as part of the registration process). You may send notifications to us via support-au@creditsimple.com.au (where the Territory is Australia), and via support@creditsimple.co.nz (where the Territory is New Zealand).
  17. General
    • 17.1 Assignment – You must not assign or novate these Terms of Use. We may assign our rights under, or novate, these Terms of Use 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.
    • 17.2 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.
    • 17.3 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.
    • 17.4 Survival – Any provision of these Terms of Use which is by its nature a continuing obligation will survive termination of these Terms of Use (e.g. clause 11 (Disclaimer and Liability), clause 12 (Implied Warranties) and clause 13 (Indemnity)).
    • 17.5 Laws – These Terms of Use are governed by the laws of Victoria, Australia (when the Territory is Australia), and the laws of New Zealand (when the Territory is New Zealand).
    • 17.6 Interpretation – A word importing the singular includes the plural and vice versa, and references to “including” and “for example” shall be construed with the words “without limitation”.
    • 17.7 Currency – reference to “$” or “dollars” means AUD where the Territory is Australia, and NZD where the Territory is New Zealand.
    • 17.8 References to our Related Bodies Corporate and service providers are 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)).
  18. Definitions
    • Bank means your relevant bank or financial institution, the details of which you provide to us if you use Money Simple.
    • Bank Credentials means the username and password for your Bank account(s) that you provide to Credit Simple when you use Money Simple.
    • Clear Name means illion Australia Pty Ltd (ABN 95 006 399 677) where you are accessing the Clear Name Website via “.com.au”, or (b) illion New Zealand Ltd (Co. No. 361901) where you are accessing the Clear Name 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).
    • Credit Simple for Business means the ‘Credit Simple for Business’ Services available to directors of companies registered in the Territory via Credit Simple.
    • Confidential Information means all information that could be reasonably regarded in the circumstances as confidential and not part of the public domain, including 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 Information means, as applicable, Personal Credit Information and/or Business Credit Information (as each is defined in clause 1.1(a)).
    • Credit Reporting Body means DBCC Pty Ltd (ABN 38 101 620 446) where the Territory is Australia, and illion New Zealand Ltd (Co. No. 361901) where the Territory is New Zealand. Credit Simple is not a Credit Reporting Body.
    • Credit Simple, we or us means Credit Simple (Australia) Pty Limited (where the Territory is Australia), or Credit Simple (NZ) Limited (where the Territory is New Zealand).
    • Credit Simple Website or 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).
    • Discount has the meaning in clause 3.6.
    • Money Simple means the Services available on the Money Simple tab on the Credit Simple Website, which enable you to access information relating to all of your chosen Bank accounts in one place.
    • Money Simple Information means Personal Information that Credit Simple and/or Proviso extracts from your Bank(s) at any time using your Bank Credentials;
    • Offer has the meaning in clause 5.1(a).
    • Personal Information means personal information (as defined in the Privacy Laws) that you provide to Credit Simple or authorise Credit Simple to collect at any time.
    • Privacy Laws has the meaning in clause 8.1.
    • Privacy Policy means the Credit Simple Privacy Policy (as amended from time to time) located at www.creditsimple.com.au/content/privacy-policy (where the Territory is Australia) and www.creditsimple.co.nz/content/privacy-policy (where the Territory is New Zealand).
    • Provider has the meaning in clause 1.1(b).
    • Proviso means Proviso Pty Ltd ACN 166 277 845 and also (a) illion Australia Pty Ltd (ABN 95 006 399 677) where the Territory is Australia or (b) illion New Zealand Marketing Services Limited (NZCN 6398759) where the Territory is New Zealand.
    • 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.
    • Services has the meaning in clause 1.1.
    • Terms of Use means these Terms of Use, our Privacy Policy available at www.creditsimple.com.au/content/privacy-policy (where the Territory is Australia), and www.creditsimple.co.nz/content/privacy-policy (where the Territory is New Zealand) and Disclaimer available at www.creditsimple.com.au/content/disclaimer/ (where the Territory is Australia), and www.creditsimple.co.nz/content/disclaimer/ (where the Territory is New Zealand) (in each case, as amended from time to time);
    • Territory means (a) Australia, if you are accessing Services via a “.com.au” website; or (b) New Zealand, if you are accessing Services via a “.co.nz” 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).
    • Third Party Site has the meaning in clause 11.2(f).
    • You means the end user that is accessing or using the Website or Services.