ACCESSING AND USING THE SERVICES
The following services (together, the Services, and each a Service) are available on or via the Website:
- access to your personal credit score and other Credit Information about you from a Credit Reporting Body (Personal Credit Information) (see clause 1.2(a) and clause 3 below);
- access to information and offers from third party providers of goods and services, including credit providers (External Providers) and other offers from us;
- if you use Spend Tracker Service, access to your Bank accounts in one place (see clause 4 below);
- insights and information about your credit rating;
- email address monitoring and associated services (see clause 1.2(b) below); and
- information and updates about promotions and competitions, and other products and services.
If you use the Website to access:
- your Personal Credit Information, you will receive updates and alerts about your Personal Credit Information (Credit Information Alerts) and you can also query information on your credit report using the “Dispute this” function. You will be able to unsubscribe from Credit Information Alerts by going to your Account Settings on the Website. Please note that unsubscribing from Credit Information Alerts on the Website does not stop notifications that we send to you that are essential information regarding your account and use of the Service; and
- email address monitoring service, you will receive alerts from us about potential compromises (that have been reported to us) of the email address that is linked to your account with us (Email Address Monitoring Alerts). You will be able to unsubscribe from Email Address Monitoring Alerts by going to your Account Settings.
- You must 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 provide reasonable cooperation to us (and our Service Provider) in relation to any investigation relevant to your use of the Website or of the Services.
- In order to use the Website, you will need to set up a username and password (Login Credentials). You must keep your Login Credentials confidential and secure at all times. You must not disclose to or allow another person to use your Login Credentials. You must contact us immediately if you become aware of any unauthorised use or disclosure of your Login Credentials (and should this occur, we also recommend that you change your password). You are responsible and liable for all use of the Website through your Login Credentials.
- The following services (together, the Services, and each a Service) are available on or via the Website:
TERM & ELIGIBILITY
Your access to the Services continues until:
- you cancel your H&R Block MoneyHub account in accordance with clause 9.1; or
- the Services are suspended or terminated by us or by our Service Provider in accordance with clause 9.
To be eligible to use the Services you must (and you must satisfy these requirements at all times while using the Services):
- be 18 years of age or older and meet our identity verification requirements to confirm this;
- reside in Australia – you must provide a current residential address in Australia when you register for H&R Block MoneyHub and you must terminate your account if you are no longer a resident of Australia in the future; and
- 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 Website to enforcement agencies or credit providers.
- Your access to the Services continues until:
ACCESS TO CREDIT INFORMATION
- You may use the Website to request access to, and correction of, Credit Information held by the Credit Reporting Body.
If you request access to and/or correction of your Credit Information using the Website, you appoint us and Credit Simple (which is one of our Service Providers) as your agent for the purpose of requesting on your behalf, and expressly authorise us and Credit Simple to request on your behalf, that the Credit Reporting Body:
- provides you with your Credit Information (to be accessed through the Website) and/or updates that Credit Information on or through the Website;
- enables Credit Simple to provide you with periodic Credit Information Alerts (to be accessed through the Website, and/or provided to you by Credit Simple by email or other electronic means); and
- corrects your Credit Information (to the extent you ask via the “Dispute this” function on the Website).
- You acknowledge Credit Simple may exercise your rights as an access seeker under Part IIIA of the Privacy Act 1988 (Cth) (Privacy Act) to the extent permitted by Privacy Act.
- Despite the above, we do not collect, access, store or share your Credit Information. All Credit Information is handled directly by our Service Provider.
ACCESS TO YOUR BANK INFORMATION
- You can use the Spend Tracker Services on the Website to access information relating to all of your chosen bank accounts in one place on H&R Block MoneyHub.
- The Spend Tracker Service provides automatic data retrieval from your nominated Bank account in order to retrieve your Personal Information (account names/addresses etc), account and BSB numbers, account balances, credit limits, and transaction details, as shown on your account statement (Account Information).
Our Service Providers may retrieve your Account Information for:
- verification purposes (i.e. to confirm account ownership);
- transaction scoring;
- transaction classification;
- income and expense categorisation; and
depersonalised aggregation to:
- improve categorisation; and
- build commercial insights to enhance our products and services; or
- otherwise to provide the Spend Tracker Service to you.
- If you use the Spend Tracker Service, you expressly authorise us and our Service Providers to collect Spend Tracker Information from your Bank(s), on your behalf, using your Bank credentials (and you appoint us and our Service Providers as your agents for that purpose). You expressly consent and authorise our Service Providers to use the Account Information in accordance with their privacy policies and for the purposes set out in clause 4.3. You understand and acknowledge that your authorisation once provided will allow continued access to your nominated Bank account(s) until the authority is revoked by you by removing the nominated account(s) from the Website or your access to the Service is terminated under clause 9.
- Bank credentials are provided to our Service Providers and stored by illion ODS. Once provided, Bank credentials will be encrypted and only used for data retrieval in accordance with the authorisations provided by you in accordance with these terms. Your Bank credentials are kept secure using appropriate technological precautions and industry standards by illion ODS.
- In order to make the Spend Tracker Service efficient, our Service Providers may collect 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). The information available from your Bank(s) will be automatically updated on each day even if you do not log into your account on the Website (except as described in clause 4.4 below). The Spend Tracker Service will extract information from your chosen Banks only once every day. Accordingly, the information that you access using Spend Tracker may not include your most recent transactions.
- If any of your linked Bank accounts require multi-factor authentication, your information from those bank accounts will only be updated each time you authenticate yourself on the Website, using the individual authentication requirements of the relevant Bank accounts.
If you use the Spend Tracker Service, you:
- confirm that you have the legal authority to provide the Account Information (you must be a/the relevant bank account holder and you have express authority from any applicable joint account holders to use the Spend Tracker Service and to appoint us and our Service Providers as your agents in accordance with, and provide the authorisations set out in clause 4.4;
- acknowledge that you are solely responsible for ensuring that your use of the Spend Tracker Service (including appointing us and our Service Providers as your agents in accordance with clause 4.4) complies with the terms and conditions of your chosen Banks;
- acknowledge that, if you provide incorrect Bank credentials (or subsequently change your Bank password and or credentials), you will not be able to see the account information on the Spend Tracker Service 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 attempt to access your accounts directly); and
- must ensure that your disclosure of Account Information complies with all relevant Privacy Laws.
- Despite the above, we do not collect, access, store or share your Spend Tracker Information or your Bank credentials. Your Spend Tracker Information and your Bank credentials are handled directly by our Service Providers.
OFFERS FROM PROVIDERS
By using the Website and accessing the Services, you agree and accept that:
- offers of products and services from us (H&R Block Offer) and from External Providers (External Offers) (together, Offers) that are displayed to you on the Website may be filtered based on information which you have provided, including Spend Tracker Information and any other information you have provided through your use of the Website and Services;
- if you apply for a H&R Block Offer, you acknowledge and agree that, the relevant products and services will be provided to you under separate terms and conditions, which we will provide or make available to you;
- the Offers displayed to you do not take into account your personal circumstances, financial situation or your financial goals or objectives, and you should not interpret any Offer presented as being appropriate for you or constituting personalised financial advice;
- by clicking on Offers on this Website, in an electronic message, or if you choose to apply for an Offer, you will be directed to a separate website which may be operated by a third party. We and/or our Service Provider may receive a commission or referral fee for each referral to an External Provider’s website or for displaying an External Offer to you.
- the Website and the Services do not provide you with any legal, taxation, financial or other advice about the suitability or appropriateness of any Offer;
- you should seek advice from an appropriately-qualified financial adviser before making any decision in relation to an Offer if you need assistance; and
- the Website will not present all Offers that may be available to you.
- We and our Service Provider are not an agent of any External Provider in relation to the provision of credit or any External Offer. Our role (and our Service Provider’s role) is limited to advertising or displaying External Offers to you at the request of External Providers.
- If you choose to complete an application for an External Offer, you do so at your own risk and you will be dealing directly with the relevant External Provider in relation to the product, service or Offer. For External Offers, it is the External Provider (and not us or our Service Provider) that assesses any applications to accept and determine whether it is successful. We do not guarantee that you will be accepted or be eligible for any Offer.
- In assessing any credit application, an External Provider may use information from various sources, including credit reporting bodies. We and our Service Provider do not provide your personal credit score or credit history to the External Provider when you apply for an Offer.
- By using the Website and accessing the Services, you agree and accept that:
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 the Services or has similar features or functionality;
- use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
- use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it, or harvest information from the Website for any purpose;
- reverse engineer, derive the source code of, tamper with, decompile, modify, create derivative works of the Website including any updates to the Website;
- use the Services for any fraudulent or unlawful purpose, or in any manner that causes us or our Service Providers to breach any applicable laws, regulation, rule or code (including privacy law or intellectual property rights), or in a way that will result in complaints, disputes or claims, costs or liability to us or our Service Providers or you, or publish any material in any forum by any means that is, offensive, discriminatory, unlawful, threatening, harassing, defamatory, false, inaccurate or misleading;
- take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Website or the 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;
- do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services; or
- use the Services under false pretences or otherwise misrepresent your affiliation with a person or entity, including us and our Service Providers.
INTELLECTUAL PROPERTY RIGHTS
- We own all rights to the H&R Block MoneyHub brand (including all H&R Block logos and trademarks). Our Service Provider and its Related Bodies Corporate own all rights to Credit Simple’s brand (including all Credit Simple logo and trademarks) and to the Services (and all the content available through the Services, including the Personal Credit Information (together, Site Content).
- You may not use or reuse in any form or by any means, any Site Content without our Service Provider’s 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, other than as set out in clause 1.3 above. You must not use any of our or our Service Providers and their Related Bodies Corporate’s trademarks as part of a link to or from any other website or mobile app unless establishment of such a link is approved in writing by us or our Service Providers in advance. All rights not expressly granted to you are expressly reserved by us and our Service Providers.
When you use this Website and the Services, your personal information is collected, used, disclosed and stored for the purpose of providing the Services to you and otherwise in accordance with:
We do not directly collect any personal information or Credit Information about you when you use the Services. However, when you register or use the Services on this website, our Service Provider may share the following information with us:
- your title, name, address, date of birth, and contact details supplied in order to use a Service;
- products and services that you may be interested in;
- information about your use of the Services, including the dates on which and the times at which you use the Services and the duration of such use, the IP address and the MAC address of your computer or mobile device, device identifiers, the type of operating system and/or other software or firmware used by your computer or mobile device, and your location information, to understand how you use the Services and to improve the Services; and
- any other Personal Information that you have given express consent to our Service Provider to be shared with us.
Our Service Provider may also provide us with information that has been de-identified, and/or aggregated in such a way that it cannot be used to identify you.
- When you use this Website and the Services, your personal information is collected, used, disclosed and stored for the purpose of providing the Services to you and otherwise in accordance with:
TERMINATION & SUSPENSION
- You may cancel your H&R Block MoneyHub account at any time by sending an email to firstname.lastname@example.org, in which case your account will be cancelled as soon as practicable.
On termination of any Services (in whole or in part) the following provisions apply in respect of the Services that are terminated:
- each licence granted by us in respect of the Services also terminates; and
- you must immediately cease using the Services, and delete copies of our Confidential Information.
On termination of any Services (in whole), our Service Provider will delete your Personal Information, except to the extent our Service Provider is required by law or by its internal document retention policies to retain it, or have the right to retain it.
CHANGES AND MODIFICATIONS
- 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).
DISCLAIMER & LIABILITY
While we and our Service Provider 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 and agree the following (to the extent permitted by law and subject always to clause 12.2):
- the Services are provided strictly on an “as is” and “as available” basis;
we do not warrant:
- that the availability and/or your use or enjoyment of the Website will be free of any interference;
- that the features and functionalities of the Website are suitable for your use;
- any defects on the Website will be corrected;
- that the operation of the Services will be error-free; or
- that information supplied by other parties is error-free.
we exclude all liability to you for:
- the Services being inaccurate, incomplete or unsuitable;
- any delay or unavailability of the Services, or the Services being out-of-date;
- any data loss or corruption, or any viruses or other harmful components associated with Services;
- any use of the Services (or any information available on the Website or through 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. You should seek advice from an appropriately-qualified financial adviser before choosing to apply for any Offer if you need assistance or before making any financial decisions; and
- any fraudulent or unauthorised registration or use of your H&R Block MoneyHub account, including any fraudulent or unauthorised use of your Login Credentials;
- 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 for any indirect or consequential loss whatsoever; and
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 the Website and the Services, including from your Banks and Providers.
Without in any way limiting clause 11.1, the following disclaimers also apply (to the extent permitted by law and subject always to clause 12.2):
Offers –While we and our Service Provider take all reasonable steps to ensure that Offers to you on the Website that we receive from External Providers are presented accurately and are up-to-date, you acknowledge that:
- we and our Service Provider rely on information provided by External Providers;
- Offers can also change from time to time after they appear on the Website; and
- we do not accept responsibility for any information given by the External Provider to you, including information about any Offer.
Credit Reports –If you use the Website to access your credit report, or other Credit Information, we do not represent that any default/liability information on a credit report represents all amounts owing by you to all or to any particular lender. For example (without limitation):
- your personal credit report may only cover information that satisfies the criteria for “Credit Defaults” under the Privacy Laws;
- additional interest and default fees may have accrued on your debt; and
- you may have made payments to a lender which the lender has not yet notified to the Credit Reporting Body.
- Bank accounts –If you use the Spend Tracker Service, we and our Service Provider rely on information extracted from your chosen Banks. We do not accept responsibility for any information extracted from your chosen Banks, and for the accuracy, completeness, timeliness, or categorisation of your Spend Tracker Information, or features and functionalities provided on the Website using your Spend Tracker Information.
- Not financial advice –The Website and the Services do not provide any personal financial, legal or tax advice and we express no opinion on your personal financial situation. You should seek advice from an appropriately qualified financial adviser before making any decision in relation to financial services if you need assistance.
- Countries –Use of the Services is strictly limited to residents of Australia. We and our Service Provider make no representation or warranty that the Services are appropriate or available for use in other countries or that the content satisfies the laws of other countries. If you access the 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 the relevant country.
- Links –The Website may contain links to other websites, including the websites of External Providers (Third Party Sites). Links to Third Party Sites are provided for convenience only. We or our Service Provider do not control and are not responsible for the Third Party Sites, nor do we or our Service Provider 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.
- Testimonials– The Website may contain testimonials about External Providers’ products or services. The content of testimonials is provided to us and our Service Provider by External Providers and we and our Service Provider do not control nor independently verify this content.
- Offers –While we and our Service Provider take all reasonable steps to ensure that Offers to you on the Website that we receive from External Providers are presented accurately and are up-to-date, you acknowledge that:
- The limitations on our liability and disclaimers set out in this clause 11 also apply to our Related Bodies Corporate and to our Service Provider.
- While we and our Service Provider 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 and agree the following (to the extent permitted by law and subject always to clause 12.2):
If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us or our Service Providers in connection with the Website or the Services, and liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election):
- in the case of a supply of goods, replacing the goods or supplying equivalent goods or repairing the goods; or
- in the case of a supply of services, supplying the services again or the payment of the cost of supplying the services again.
LIABILITY AND INDEMNITY
- 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 promptly give written notice to the indemnifying party of the Third-Party Claim and allow the indemnifying party to conduct the defence and settlement of that claim (provided the indemnified party is not detrimentally impacted).
- 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.
Each party must (unless expressly agreed otherwise):
- use Confidential Information only for the purposes of the Website and Services; and
- 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.
The confidentiality obligations in clause 14.1 do not apply to information that:
- is or becomes legally in the public domain at the time of disclosure without a breach of clause 14.1;
- is legally obtained from a third party;
- was already in the possession of a party at the time of disclosure without any associated obligation of confidentiality;
- has been independently developed by a party; or
- is required to be disclosed by law or the rules of a stock exchange.
- Each party must (unless expressly agreed otherwise):
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).
You agree that any notices or other communications may be provided to you electronically (either by posting messages on the Website, or via the email or mobile phone number you have provided as part of the registration process including subsequent updates). You may send notifications to us via email@example.com.
- 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.
- 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.
- 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”.
- Currency - reference to “$” or “dollars” means AUD.
Bank means your relevant bank or financial institution, the details of which you provide through your use of the Spend Tracker Service on the Website.
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.
Credit Information means, as applicable, Personal Credit Information (as referred to in clause 1.1).
Credit Reporting Body means illion Data Registries Pty Ltd (ABN 38 101 620 446), a Related Body Corporate of Credit Simple.
Credit Simple means Credit Simple (Australia) Pty Limited (ABN: 14 614 444 790).
E-mail Address Monitoring Alert has the meaning in clause 1.2(b).
External Provider has the meaning in clause 1.1.
H&R Block means H&R Block Limited (ABN 89 064 268 800).
H&R Block MoneyHub or Website means the website available at the URL – https://moneyhub.hrblock.com.au.
illion ODS means illion Open Data Solutions Pty Ltd (ABN 89 166 277 845).
Login Credentials has the meaning given to it in clause 1.5.
Offers has the meaning in clause 5.1(a).
Personal Information means personal information (as defined in the Privacy Laws) that you provide to our Service Provider or authorise us or our Service Provider to collect at any time.
Related Body Corporate has the meaning given to that term in clause 9 of the Corporations Act 2001.
Service Provider means:
- in relation to the access of your credit report or Credit Information, Credit Simple and, where applicable, the Credit Reporting Body, which is a Related Body Corporate of Credit Simple);
- in relation to the Spend Tracker Service, Credit Simple together with illion ODS(which is a Related Body Corporate of Credit Simple); and
- in relation to all other Services, Credit Simple.
Services has the meaning in clause 1.1.
Spend Tracker Information means Personal Information that our Service Provider extracts from your Bank(s) at any time using your Bank credentials.
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 or your means the end user that is accessing or using the Website or Services.