Terms of use

Last updated July 2017
  1. Introduction
    This website is operated by Credit Simple (NZ) Limited (Credit Simple, also referred to in these Terms as “us” “we” and “our”) under the domain name www.creditsimple.co.nz (Website).This Website provides subscribers (referred to in these Terms as “you” and “your”) with:

    1. access to information and offers from providers of goods and services, including credit providers (together Providers);
    2. access to your credit score and other credit information about you from a credit reporter Dun & Bradstreet (New Zealand) Limited (D&B) (Credit Information);
    3. insights and information about your credit rating; and
    4. other products and services,

    (together the Services).

    By accessing, browsing or using this Website, including by creating an account and providing your details, you agree to follow and be bound by these Terms of Use (Terms) our Privacy Policy and all applicable law.

    This Website may also provide subscribers with access to debt repayment services and discounts by linking to the Clear Name website available at www.clearname.co.nz (Clear Name Website).   The Clear Name Website is operated by Clear Name, a division of D&B (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 Privacy Policy.

  2. Changing the Terms
    We may amend these Terms at our sole discretion and without prior notice. However, we will not amend your rights to terminate your Credit Simple account, as set out in section 10 below. Any amended Terms will appear on the Website. Any subsequent access to or use by you of the Website will constitute an acceptance of the amended Terms.Over time we will add more publicly available data and enhance the offerings that are able to be made to you using the Website. We will let you know when we do this and how it will impact your Website experience. If you don’t like the changes we have made, or anything else that we are doing please let us know. If you aren’t happy with what we are doing or the Services we are providing you can terminate your Credit Simple account at any time.
  3. Appointment of Credit Simple as your agent
    You may use the Website to request access to, and correction of, your Credit Information held by a credit reporter, D&B.By requesting access to and/or correction of your Credit Information using the Website you:

    1. appoint and authorise us as your agent to request that D&B:
      1. provides you with your Credit Information (to be accessed through the Website) and/or updates that Credit Information;
      2. 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) (Credit Information Alerts);
      3. corrects your Credit Information (if you ask us to do so, using the Website); and
    2. authorise D&B, who we instruct on your behalf, to collect, use, store and disclose your identity verification information and contact details and any information about repayments that you make via Clear Name, that we disclose to D&B, including to update or correct information held on D&B’s credit bureau (including to create a record and credit score for you if you don’t already have one) and to provide its credit reporting services (see further details in our Privacy Policy); and
    3. authorise us to collect, use, store and disclose your Credit Information and any related data that D&B provides to you, for the purposes set out in our Privacy Policy.

    The authority to act as your agent referred to in section 3 above continues until such time as you terminate your Credit Simple account in accordance with section 10 below. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately.

    There’s a difference between a credit enquiry and a credit access. Accessing (or appointing Credit Simple as your agent to access) your credit history and credit score won’t affect your credit score – third party accesses will simply be noted in your credit history for your reference. However, once you make application with a credit provider, who makes a formal credit enquiry, this can influence your credit score and will be included in your credit history.

    By requesting access to your Credit Information using the Website, you also authorise Credit Simple to disclose your Credit Information to Clear Name, on your behalf. This enables Clear Name to calculate any repayment discounts offered by participating lenders that may be available to you (your Discounts). If applicable, Credit Simple will display your Discounts, with your Credit Information, on the Credit Simple Website.

    When you authorise Credit Simple to act as your agent, as referred to in this section 3, you also authorise Credit Simple, as your agent, to:

    1. provide to D&B your identification verification and contact details; and
    2. update D&B if Clear Name notifies Credit Simple that you have made a repayment via Clear Name (we provide this information to D&B to assist with ensuring that D&B updates your Credit Information as soon as possible).

    We do not provide any other Credit Information to D&B. D&B may use your Credit Information in accordance with section 5 of our Privacy Policy.

  4. Eligibility to use the Services and identity verification
    To be eligible to use our Services you must be 18 years of age or older and meet the identity verification requirements that will change from time to time, but may include providing the number for your New Zealand driver’s licence or New Zealand passport (Eligibility Criteria).Important: Please be aware that you must register for a Credit Simple account and access the Services yourself, not through an agent or on behalf of any other person. We do not accept consents (including consent to these Terms and our Privacy Policy) or confirmations given “on your behalf”. You must give the consents and establish your personal identity yourself.You must not register or access a Credit Simple account on behalf of any other person. By completing the Credit Simple registration page, including the identity verification requirements, you are representing that you are completing the Credit Simple account registration for yourself and not for any other person. We may report any unauthorised use of our Services as fraud, and may report any other suspicious activity using our Website to enforcement agencies or credit providers.We make no representation or warranty that this Website 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 this Website is not illegal or prohibited in your relevant country.
  5. The Services are not advice and do not include advice
    By using this Website and accessing Services, you agree and accept that:

    1. we can filter offers of products and services from Providers (Offers) that are displayed to you on this Website based on your credit score, Credit Information and other personal information which you have agreed to share with us;
    2. the Offers displayed to you do not take into account your complete personal financial situation, nor your personal investment objectives, and you should not interpret any Offer you receive as being appropriate for you or constituting personalised financial advice;
    3. we are not providing you with any legal, taxation, financial or other advice about the suitability or appropriateness of any Offer or Service;
    4. you should seek advice from an appropriately-qualified financial adviser before making any decision in relation to an Offer if you need assistance; and
    5. the Website will not present all Offers that may be available to you.

    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. Sometimes we will get paid for these advertised Offers, and sometimes we get paid if your application to accept an Offer is successful. This helps us keep down the cost of providing Services to you.

    You will deal directly with the relevant Provider in relation to any product, service or Offer made available by them, including if you choose to complete an application for any product, service or Offer. 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. In assessing a credit application, a Provider may use information from various sources, including but not limited to other credit reporting bodies. We do not provide your credit score or credit history to the Provider when you apply for a product, service or Offer advertised on the Website. The Provider may make its own independent credit inquiries in relation to your application and is under no obligation to use the same credit score or history made available to you by Credit Simple.

    The other information on the Website is of a general nature and has been provided for informational purposes only.

  6. Links to Third Party sites
    This Website may contain links to the websites of other entities, including the websites of Providers and of Clear Name (Third Party Sites). Links to Third Party Sites are provided for your 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 Website, you do so entirely at your own risk.
  7. Warranties and Liability
    Availability and accuracy of information from Providers

    We will accurately present Offers to you that we receive from Providers. Offers can however change from time to time after they appear on the Website. While we make all reasonable efforts to ensure that the information is accurate and up-to-date, we do not accept responsibility for any information given by Providers to you, including information about any Offer.While we take all reasonable steps to ensure that discounts offered to you by Providers (Discount) on Credit Simple are presented accurately and are up-to-date, we reply on information provided by Providers and by Clear Name. Discounts can also change from time to time after they appear on the Website. We do not accept responsibility for any information given by Clear Name to you (or given to Clear Name by Providers), including information about any Discount.If you use Credit Simple to access your credit report, we do not represent that any debt identified on your credit report represents all amounts owing by you to all or to any particular lender. For example (without limitation):

    1. your credit report only covers debt that satisfies the criteria for “Credit Defaults” under the Credit Reporting Privacy Code;
    2. additional interest and default fees may have accrued on your debt; and
    3. you may have made payments to a lender which the lender has not yet notified to D&B.

    Our liability
    To the extent permitted by law, Credit Simple and its Related Companies exclude all liability and responsibility for any loss, damages, costs or expense, whether in tort (including negligence), contract or otherwise and whether direct, indirect, or consequential (including in connection with business interruption), which you or any other person may suffer or incur in connection with the Services, the use or inability to use the Website or any Third Party Site, any fraudulent or other unauthorised registration for or use of a Credit Simple account or any information contained on the Website or any Third Party Site. For the purposes of these Terms, Related Company has the meaning given to that term in section 2(3) of the Companies Act 1993 (read as if the expression “company” in that section included any body corporate wherever incorporated or established).

    To the extent permitted by law, we do not warrant the reliability, availability, accuracy, completeness or timeliness of information on the Website, including your Credit Information and information given by Providers. All information is provided “as is” without warranty of any kind, express or implied. This includes (but is not limited to) implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. We do not warrant that the Services or functions performed by this Website will be uninterrupted, without delay, secure or error–free (or that such errors (if any) will be corrected), or that this Website, our server or any content accessed or downloaded from this Website is free of software viruses or other harmful bugs or invasive computer codes. In providing the Services, Credit Simple is required to provide certain guarantees that cannot be excluded under consumer law, if you are using the Services for personal use, including guarantees as to the acceptable quality and fitness of purpose of the Service. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the law and which by law cannot be excluded, restricted or modified, even if any other provision of these Terms would otherwise suggest that this might be the case.

    In the event that any liability for loss, damage, costs or expenses incurred or suffered by you or any third party is not able to be excluded by us, to the extent applicable and permitted by law, our liability to you is limited to resupplying the Services.

    Neither we nor D&B will be liable in any way whatsoever to you or anyone else for any financial decision or action taken by you or anyone else in reliance upon the information provided on the Website or on Third Party Sites. We recommend that you seek advice from an appropriately-qualified financial adviser before choosing to apply for any Offer if you need assistance.

  8. Intellectual Property
    Credit Simple, its logos and products referenced in the Website are trademarks, service marks, registered trademarks, copyrights or other intellectual property of Credit Simple or its Related Companies (collectively, “Credit Simple IP“). Other products, logos and company names mentioned in the Website are the intellectual property of their respective owners.You agree that we own all rights to the Website and all the content displayed on the Website whatever its nature (the “Site Content“). The Services, Site Content, and our trademarks, service marks, trade names, images and logos are proprietary to, or used with permission by, Credit Simple. You may not use or reuse, in any form or by any means, any Credit Simple IP without our express prior written consent. Nothing on the Website should be interpreted as granting (by implication or otherwise) any licence or right to use any of the Site Content or trademarks displayed on the Website, including by linking or framing. We prohibit the use of any of the Credit Simple or third party 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.You agree not to infringe any intellectual property rights owned by us or any other person, including D&B or any Provider. We reserve all our rights in this regard.
  9. Your login and password
    You must keep your username and password (“Login Details“)confidential. You must not disclose to or allow another person to use your Login Details. Please change your password and contact us immediately if you become aware of any unauthorised use of your Login Details or any other breach of security. We may treat any access or use of the Website at any time by the use of your login name and password as access or use of the Website by you, notwithstanding that it may be been used by another person without your knowledge or authority.
  10. Termination and suspension of your Credit Simple account
    We reserve the right to terminate, suspend or otherwise limit your access to or use of the Services if we believe on reasonable grounds that you are breaching these Terms or engaging in unlawful behaviour, and this may be done without any prior notice to you.You may terminate your Credit Simple account at any time by notifying Credit Simple of your termination by email at support@creditsimple.co.nz. Your Credit Simple account will be terminated as soon as practicable and you will be unsubscribed from all Credit Simple direct marketing. If you have accounts linked to multiple email addresses, please ensure you cancel each account separately. If you wish to access Credit Simple services again in the future, you can do so by registering for a Credit Simple account using the standard online registration process.
  11. Your obligations
    When you use the Website or our Services, you must:

    1. abide by these Terms, and any policies, procedures or other agreements you have entered into with us;
    2. comply with all applicable laws;
    3. provide true and accurate information;
    4. not use the Website in a way that may compromise the security of the Website, render it inaccessible to others or otherwise cause damage to the Website or Services;
    5. cooperate in any investigation relevant to the Website and/or your use of the Website;
    6. upon request provide confirmation of your identity or any information you provide to us;
      When you use the Website or our Services, you must not:

    1. act in a manner which is, or publish any material in any forum by any means that is, offensive, discriminatory, unlawful, threatening, harassing, defamatory, false, inaccurate or misleading;
    2. use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
    3. robotically or otherwise automatically harvest information from the Website or any Third Party Site, for any reason;
    4. use our Services in a way that will result in complaints, disputes or claims, whether or not resulting in any financial cost or other liability to us or you; and
    5. pay for any transactions with fraudulent funds or proceeds of crime.

    You must not access or use this Website if you are directly or indirectly involved (in any capacity) in the operations of a service that competes with any of our Services and you must not directly or indirectly use any content on the 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.

  12. No waiver
    If we do not enforce any of our rights under these or any other terms, that is not to be interpreted as meaning we have waived those or any of our rights. If any of the Terms are found to be invalid or unenforceable, the remaining Terms will remain in effect.
  13. Indemnity
    You indemnify Credit Simple and its Related Companies B on demand for all claims (however arising), losses, costs and expenses (of whatever nature and including but not limited to legal fees on a solicitor and client basis) incurred by us and/or our Related Companies in connection with any third party claim of any kind arising out of:

    1. comments, materials or content you submit or post to or transmit through the Website; or
    2. your use of the Website in violation of these Terms or any applicable law, or any other breach of these Terms by you.
  14. General
    1. If we do not enforce any of our rights under these or any other terms, that is not to be interpreted as meaning we have waived those or any of our rights. No delay or failure by Credit Simple to exercise a right under these Terms prevents the exercise of that right or any other right on that or any other occasion.
    2. If any provision of these Terms is illegal, invalid or unenforceable then: (i) where that provision can be modified to give it a valid and enforceable operation of a partial nature, it must be modified to the minimum extent necessary to achieve that result; and (ii) in any other case the provision must be severed from these Terms, in which event the remaining provisions of this agreement operate as if the severed provision had not been included.
    3. All rights and remedies provided in these Terms are cumulative and not exclusive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist under these Terms, in law, equity or otherwise.
    4. These Terms are subject to any other agreements you have entered into with us. If there is a conflict between the Terms and other agreements, then the agreement that you have most recently entered into will take precedence. Some sections or pages of the Website may contain separate or additional terms and conditions of use. If there is a conflict, these additional terms will govern those parts of the Website or the service.
    5. You consent to receive any notices and other communications from us electronically including by e-mail or by posting notices on the Website.
    6. You must not transfer your rights or obligations under these Terms to any other person.
    7. These Terms set out the entire agreement between you and Credit Simple relating to the subject matter of these Terms and supersedes any other agreement you have with Credit Simple relating to the subject matter of these Terms.
    8. Neither of us is liable for a failure or delay in performing an obligation under these Terms to the extent the failure or delay is because of an event beyond our reasonable control.
  15. Claims and Governing Law
    1. References in these Terms to D&B, Clearname and other Related Companies of D&B are intended to confer a benefit on those companies, and be enforceable by those companies, for the purposes of the Contract and Commercial Law Act 2017, Part 2, subpart 1 (Contractual Privity).
    2. These Terms are governed by and are to be construed according to the laws of New Zealand.
  16. Interpretation
    In these Terms: references to a party includes their permitted assignees, transferees and successors; the singular includes the plural (and vice versa); references to “includes” or “including” do not have a limiting effect; and headings are for convenience only and will not affect interpretation. A reference to a statute, including any code or other subordinate legislation (“statute“) includes all regulations under and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated.
  17. How to contact us
    Please contact us on support@creditsimple.co.nz if you have any questions about the Terms, the Website, our Privacy Policy or any of our services.