Take Control

The first company in Australia to provide consumers with online access to credit reports.




  

Terms & Conditions

  1. Use of this Website is subject to the laws of Australia and to these terms and conditions which not affect your statutory rights.
  2. Payments made for services such as our Credit Report Analysis or Credit Report Monitor services are not refundable once we have provided the service. This is because the information provided is prepared on an individually personalised basis for you at the time of your order.
  3. If you use our online Credit Report Analysis or Credit Report Monitor services, you agree to appoint Checkmyfile Pty Ltd as your attorney for the specific purposes of the exercising of your statutory rights to obtain details of all information held against you at credit reference agencies until such time as you revoke this appointment which you can do at any time by emailing us.
  4. If you subscribe to our subscription services, (such as our Credit Report Monitor service) you further authorise us until further notice to charge your credit card or PayPal account, as appropriate, with the renewal subscription at each appropriate interval after your initial purchase.
  5. Once you have subscribed to our services, we guarantee that the price you have agreed to pay will stay the same for 12 months, even if we have increased the price of the same service to new customers. Although we reserve the right to increase the price after 12 months, subject to us giving you reasonable notice beforehand so that you have the opportunity to cancel if you wish, we will use our reasonable efforts to maintain the price you have originally agreed to pay unless there are unusual or exceptional increases in the costs of providing the service to you.
  6. You can cancel your trial at any time within the 30 day free trial period, or your subscription at any time after your trial has been completed, simply by advising us by Secure Message, after logging in, or by sending us a message via the Contact Us page on the website. We will confirm receipt, and then we will take no further payments and will no longer refresh your reports after cancellation.
  7. Our Free Credit Score, Credit Rating, Find a Credit Card, Debt Centre, Check any Postal Area and Free Identity Theft Check services are all free. There is no requirement to provide your personal details, such as your name and address, when you use these free services, nor is there any obligation to purchase any of our other services. When you use our Find a Credit Card or Debt Centre, we are passing on factual information in response to your request to find out information regarding available lenders, or regarding the options open to you, for you to consider.
  8. When you provide us with your personal information, you authorise us to use your information in accordance with the terms of our Privacy Policy. We will not transfer sensitive or personal information to any country that has a lower level of privacy protection than you have a right to expect as an Australian citizen. We store any personal information you give us in our secure databases in England where we are legally bound to keep information in a manner consistent with the European General Data Protection Regulation (GDPR) and the National Privacy Principles in Australia and also in accordance with the UK Data Protection Act 1998 and the UK Data Protection Principles.
  9. We provide credit reports on a simplified basis to make it easier for you to understand the contents. You authorise and request us to store the data from your credit reports in a format designed by us to create an easy-to-read and easy-to-compare report that you can retrieve at any time. You aknowledge that a credit report from us is not the same format as the file you would receive if you exercise your statutory rights to obtain a copy of your credit report from any credit reference agency at any time. You agree that you will not use any of the information we provide to you including credit scores as the sole basis for any decision you may make.
  10. Searches we make of the credit reference agencies that you pay for will leave an access footprint both in our records and at the credit reference agencies we search. These are for your protection so that you may see who has been searching your credit report and when. They do not affect your ability to get credit. You agree that, under Section 18(E)(c) of the Privacy Acts 1988, we may give a credit reporting agency certain personal information about you to obtain a consumer credit report about you, and/or to allow the credit reporting agency to create or maintain a credit information file containing information about you. Uses of our Free Credit Score, Find a Credit Card, Check any Postal Area and Free Identity Theft service do not leave search footprints on your credit reports.
  11. This Website is for information purposes only and should not be relied upon or represented to third parties as providing any financial, legal, or investment advice. Our aim is to pass on to you factual information so that you may then make an informed decision. You acknowledge that the information provided at this Website does not take into account the full individual circumstances of you or of any third party and is based on standardised methodology. It is your responsibility to assess the suitability of this Website for your own individual circumstances. We recommend that if you are in any doubt or in any way unsure, you should take professional advice before taking any action that may affect your financial or legal standing.
  12. You agree to receive service and product updates via email from us. You may opt out or in to receive such emails from us at any time. You acknowledge that if you choose to opt out from receiving such emails, we are still required by law to inform you of any significant changes to these Terms and Conditions or to let you know of any price changes, if you have subscribed to use our Credit Report Monitor service.
  13. You agree that you are responsible for the quality and accuracy of all information that you provide to us. You acknowledge that the quality of the reports and information generated by the Website will depend on the information you provide.
  14. In using this Website, you must not disrupt or interfere with the security of, or otherwise abuse the Website, system resources, servers or networks connected to or accessible through the Website. You must not disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Websites. You must not upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files or files which contain offensive or objectionable material. You must not to attempt to obtain unauthorised access to the Website or portions of the Website that are restricted from general access.
  15. Information or feedback you provide to us must not be fraudulent nor misleading, must not infringe the rights of any third party and must not violate any applicable law, statute, regulation or industry code of conduct. You permit us to use all material that you submit via the Website for the purpose of us providing you with our services. You warrant that you are authorised to provide us with this information and that the use by us of any of the information for the purpose of providing you with this Website and our services will not infringe any person’s rights or breach any law. We reserve the right not to publish all feedback at our entire discretion and to remove published feedback if such feedback is challenged by any third party.
  16. You agree only to use this Website for your personal use to obtain detailed analysis of your credit reports, to check your credit score, to find out information about your local area, to help reduce the likelihood of falling victim to identity theft, to find lenders matched to your credit standing and to find out more about the routes available to you if you find yourself under debt stress. You must not use it for any other purpose and in particular, without limitation, for further communication, redistribution or for any commercial purpose whatsoever. You acknowledge that all material contained in the Website is proprietary and protected by copyright and trademark laws. Except as expressly provided in this section, we reserve all our rights and remedies in relation to those materials and you may not make any other use of those materials without our prior written permission.
  17. We obtain and/or purchase information about individuals, properties and neighbourhoods from other companies. We refer to these companies as 'our suppliers'. We, together with our suppliers, agents and employees, take no responsibility for the contents of any of the reports we provide, its completeness or its usefulness. Other customers may provide us with feedback on postal address classifications on our Check any Postal Area service. Feedback is posted by individuals acting in their own right and does not necessarily reflect our own opinion, nor do we warrant that such feedback is accurate or reliable. If you post feedback for any postal address, you agree not to post any defamatory or libelous feedback or information that may promote commercial activity or reveal personal details of either yourself of any other person. You agree that we shall not be liable for any statement, misstatement, inaccuracy or omission of any type for any feedback submitted by any individual. Further to the statement given in clause 13, we reserve the right to remove or edit any feedback posted at any time and for any reason.
  18. You agree that you will not hold us, our employees, or any of our suppliers liable for any direct or indirect damages, costs, losses or expenses of any nature resulting from the use or misuse of the information delivered by us. You agree not to hold our suppliers liable for any delay in delivery or if we fail to supply you or if we omit any information for any reason. You agree to indemnify and keep indemnified us, our employees and agents and our suppliers against any claim or action made against them for any losses damages costs or other expenses in connection with your use of our services.
  19. Our suppliers and we will take care to exercise reasonable skill in providing accurate information to you. The information supplied to you is provided to our suppliers and us from other companies whose accuracy we do not control or influence. We do not limit nor exclude any liability we may have to you for death or personal injury caused by negligence but in any other instance you agree that our liability to you is limited to the amount of purchases you have made over the past year. You also agree that we will not be held liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Website, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not the other party knows or has been advised of the possibility of such damage.
  20. You agree that you will not use the information provided by us in any way that might be detrimental to us or to our suppliers.
  21. We take substantial steps to protect the privacy of an individual when providing information over the Internet. You acknowledge and understand that there is always a remote possibility that criminal actions may result in unauthorised access to credit reports. We take no responsibility if confidential information is unlawfully intercepted, hacked or stolen and subsequently disclosed. You agree that you will not disclose your password and user name to any one at any time. You agree that you will not distribute or make available any information supplied by us to any third party. If you become aware of any unauthorised use of our services, you agree to inform us immediately in order that steps may be taken to protect confidential information.
  22. We have installed security devices and follow procedures that are designed to prevent unlawful access to information. From time to time we may have to temporarily suspend access to our services to enable us to protect this information. You agree that we may terminate supply of information to you at any time and without notice and for any reason that we will not disclose or discuss. On termination of your right to access and use the Website, you must cease using the Website and any information provided via the Website.
  23. We depend upon our suppliers to provide information to us on demand. This means that when any of these are unable to provide information to us, we are not able to continue to provide an immediate service to you. We will always use our best efforts to supply information but we can give no assurance on the continuing availability of any or all of our services.
  24. We continually try to improve the services we offer and we may change the contents of credit reports or any other reports, this Website, the suppliers of information and any other aspect of our products and services without notice.
  25. We provide links to other Websites on our Website including those which will enable you to apply for credit to lenders that may approve your applications. These are provided for your convenience. We have no control over the content of the linked Websites and we can assume no liability or responsibility for their accuracy, completeness or otherwise. We cannot guarantee that lenders will accept your applications because all the facts that they will use when they assess your application may not be known to us.
  26. We give general and factually based guidance on matters relating to credit and debt and in particular on how to fix errors found on credit reports. We can give no warranty that our guidance is always correct in every detail. You agree to take independent professional advice before acting on any of the remedies mentioned in our Debt Centre, which you acknowledge are intended as a factual summary of the main options available to you. We can give no warranty that errors will be successfully removed from your credit reports, as we may not know all the facts and amendments to information databases are always at the discretion of the ultimate owner, and not us.
  27. We provide credit scores with some credit reports. The method of calculation of credit scores is a commercial secret and is not disclosed. We make no warranty and take no responsibility for the accuracy, relevance or otherwise of credit scores. Subject to the exclusions and limitations set out in clause 19 above, you agree not to hold us liable for any losses or damages you may incur either directly or indirectly from the use of credit scores supplied by us.
  28. In the event that you claim that a dispute has arisen you must first notify us giving details of the dispute. Our Complaints Handling Procedure, in accordance with the Australian Standards for Complaints Handling AS4269-1995, promotes timely and efficient handling of complaints in a fair and objective manner. We will always respond with advice of resolution within 30 days of receiving your complaint. Where you have not had an issue resolved to your satisfaction, we also provide the opportunity for these issues to be resolved by arbitration as an alternative to any right you may have to take legal proceedings. You may choose to submit the dispute either to the arbitration of two parties (one selected by you and one selected by us) or may agree to attempt to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC). The ACDC mediation will be carried out in accordance with the ACDC mediation guidelines which set out the procedure to be adopted, the process of selection of the mediator and the costs involved.
  29. In the event that you do not pay us for any reason, including dishonouring a cheque twice, or the action of you charging back a PayPal, credit card or debit card transaction for any reason, you agree that we may record details at a credit reference agency together with your name and address and date of birth details, so that we and other organisations who search that credit reference agency may use such information for the purposes of payment risk assessment, money laundering and fraud prevention. The sharing of information in this way helps to reduce bad debts and credit fraud.
  30. You acknowledge that we may be required to reveal information about you or your credit reports under compulsion of law or by a Court Order. In all other cases we shall keep your information confidential unless you agree otherwise.
  31. Credit reports are made up of information from several different sources which are updated at different time frequencies. For this reason, we also update credit reports no more frequently than once a quarter.
      
    From time to time it is not always possible to obtain your information from one or both of the credit reference agencies. This is usually because your address recorded at the credit reference agency may be indexed slightly differently from the one you have provided us. If we cannot obtain your credit report from a credit reference agency, it is highly likely that lenders using that credit reference agency will also have difficulty obtaining your credit report, as the systems we use are very similar. We will tell you if this happens and will try to resolve the problem, as unless resolved this could affect your ability to get credit.
      
    Some credit reference agencies report significantly more information than others through online links, both to us and to the companies that use them. The information we provide may not be identical to that which can be obtained elsewhere.
  32. Recognising the global nature of the Internet, if you access this Website outside Australia, you agree to comply with all local laws, byelaws and rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside.
  33. If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision must be deemed severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions.
  34. The governing law of this Website is Victoria, Australia. Both we and you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia. In accessing this Website, you agree that these terms and conditions and your use of this Website shall be governed in all respect by the laws of Australia, without regard to conflict of laws or other regulation and in particular shall not be governed by the United Nations Convention on the International Sale of Goods.
  35. Unless otherwise specified, the materials in this Website are designed for use by Australian residents only. This Website is controlled and operated by Checkmyfile Pty Ltd which is registered in the State of Victoria.

Complaint?

If you wish to make a complaint, please email us. Our complaints policy is that:

  • We will acknowledge your complaint usually within 24 hours and always within 2 business days.
  • We will deal with it confidentially.
  • We aim to provide a fair response within 5 business days.
  • If your complaint requires detailed investigation we will keep you advised regularly by email of the progress we have made.
  • If you are unhappy with our response, you can appeal to our Directors for a personal review of your complaint by emailing us at complaints@checkmyfile.com.au
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