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Terms & Conditions

By requesting or accessing a service from Equifax Australasia Credit Ratings Pty Limited (EACR), you agree to comply with the Information Services and Solutions Terms of Supply (Terms of Supply) (http://www.equifax.com.au/terms/), as if references in the Terms of Supply to Equifax Australia Information Services and Solutions Pty Limited are references to EACR, and the following Terms and Conditions:

  1. EACR will aim to ensure the completeness or correctness of any report or any of the information contained therein. However when EACR provides a report or information to you, it relies on information provided to it by others. You understand that EACR does not independently check all information supplied to it, or the compilation of information by its systems, and that information may become out of date. EACR does not warrant the completeness, correctness, accuracy, adequacy, or timeliness of any report or any of the information contained therein. To the extent it is able to at law, EACR excludes all statutory or implied representations, conditions, warranties and terms relating to the reports. EACR does not exclude any statutory or implied representations, conditions, warranties, terms or guarantees to the extent EACR is prohibited by law from doing so (including under the Australian Consumer Law).
  2. EACR is not liable to you or to anyone else for:
    1. any loss or damage arising out of, or in connection with, the information it provides to you (including loss of profit, revenue or business or indirect, consequential, special or incidental loss or damage); or
    2. any indirect or consequential loss or damage arising out of or in connection with this agreement or EACR’s services (including loss of profit, revenue or business or special or incidental loss or damage),
    however such loss, damage or liability arises or might arise (including in contract, tort (including negligence), under statute or in equity) if it were not for this clause. EACR’s total aggregate liability for any loss or damage not excluded under this clause 2 is limited to the amount of fees and charges paid by you for the services under this agreement in the 12 months immediately prior to the event giving rise to the liability. This exclusion and limitation do not apply to the extent the law prohibits EACR from excluding or limiting its liability (including under any statutory or implied representation, condition, warranty, term or guarantee that it is unable to exclude by law).
  3. EACR’s total liability for any loss or damage under any statutory or implied representation, condition, warranty, term or guarantee that it is unable to exclude by law (including under the Australian Consumer Law), is limited to the extent permitted by law, to EACR re-supplying the service to you, or, at EACR’s option, refunding to you the amount you have paid EACR for the service to which your claim relates.
  4. The reports provided by EACR or any of the information contained therein are not for resale or publication, without the express permission of Equifax Australasia Credit Ratings Pty Limited.
  5. You understand that you are responsible for assessing the value of the information EACR provides you, and for the business decisions that you make, regardless of whether you base them on the information EACR supplies. Reliance on any information contained in EACR’s reports shall be solely at the user’s risk.
  6. For services provided by EACR, payment is due within the number of days stated on the invoice, generally 30 days from the date of each month-end invoice, which will include a detailed summary of all reports delivered within that month. For all self-assessments and issuer based ratings, private or public, a non-refundable payment is required in advance of the engagement.