AU CREDIT HEADER SOURCE TWO | ID NUMBER 201899

The Supplier Data used to provide the AU Credit Header Source Two is supplied by GBG’s Supplier, GBG Experian Australia Credit Services Pty Limited (“Experian”) to provide this service. GBG is obliged under the terms of its agreement with Experian to ensure that all End Users agree to comply with the following provisions.

1. Definitions
1.1 In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the Agreement:
“Experian” means Experian Australia Credit Services Pty Ltd (ABN 12 150 305 838) including its subsidiary, holding company or subsidiary of a holding company as the terms “subsidiary” and “holding company” are defined by the Corporations Act 2001 (Cth).
“Law” means laws, regulations and other rules having equivalent force.
“Permitted Purpose” means verification of an individual’s identity as required by Anti-Money Laundering and Counter Terrorism Financing Act 2006 (“AML/CTF Act”) and the purposes, restrictions and or conditions for use of the Source outlined by the Experian in these Additional Terms.


2. USE OF THIS SOURCE
2.1 The End User shall:
(a) In connection with the use of this Source comply with all applicable Laws including AML/CTF Act, the Privacy Act, the Australian Privacy Principles and all other Laws in Australia that relate to the privacy, protection, use or disclosure of Personal Data. .
(b) Use this Source solely in its capacity as a reporting entity as defined under AML/CTF Act and solely for the Permitted Purpose.
(c) Use this Source solely in its capacity as a reporting entity as defined under AML/CTF Act and solely for the Permitted Purpose.
(d) Not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of this Source.
(e) Not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the use of this Source.
(f) Keep any information comprised within this Source strictly confidential and not disclose any part of such information to any person except as permitted by AML/CTF Act.
(g) In order to protect the integrity of the information used in connection with this Source, the End User will:
(i) comply with Experian’s reasonable instructions and guidelines relating to information security, to the extent that they are not in conflict with the existing information security standards of the End User, provided always that such standards are at least as strict as those required by Experian and;
(ii) not copy, interfere with and/or use in any unauthorised way any digital certificate or any other security device provided by Experian.
(h) Provide the Experian with any information reasonably required by Experian to:
(i) provide the Source and/or
(ii) to ensure compliance with all applicable Laws.
(i) Permit Experian (on reasonable notice and during normal working hours) to audit the End User’s compliance with its obligations under these Additional Terms in relation to the use of this Source or any other materials provided as a part thereof.
(j) Use all reasonable endeavours to ensure that any information provided to Experian is complete, accurate and in the agreed format.
2.2 The End User warrants that:
(a) It is a reporting entity as that term is defined in AML/CTF Act;
(b) Prior to requesting the Source it:
(i) has provided to the individual who is the subject of a verification request with all the information required under section 35A(2)(a) of the AML/CTF Act,
(ii) the individual provided a consent as required under section 35A(2)(b) of the AML/CTF Act and
(iii) an alternative means of verifying the identity of the individual was made available to the individual as required under section 35A(2)(c) of AML/CTF Act.
(c) Where applicable, it will notify the individual in accordance with the requirements under section 35C of the AML/CTF Act.
2.3 The End User shall indemnify Experian against any loss or damage suffered or incurred by Experian as a result of or in connection with the End User’s breach of the warranties under Clause 2.2 above.
2.4 The End User acknowledges and accepts that Experian may request evidence that the End User has accepted the terms contained within these Additional Terms.

3. NATURE OF SOURCE
3.1 The End User acknowledges that this Source is not intended to be used as the sole basis for any business decision and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable to guarantee. GBG and Experian is therefore not able to accept any liability for:
(a) any inaccuracy, incompleteness or other error in the Supplier Data which arises as a result of data provided to Experian by the End User or any third party;
(b) any failure of the Source to achieve any particular result for the End User.
3.2 To the extent permitted by law, GBG and Experian disclaims all warranties, representations or terms of equivalent effect that might be implied by law.


4. INTELLECTUAL PROPERTY RIGHTS
4.1 All Intellectual Property Rights in the Source will remain vested in Experian (or its relevant licensors).


5. TERMINATION
5.1 Notwithstanding the other termination provisions between GBG and the End User in the Agreement, under the terms of GBG’s agreement with Experian, access to the Source shall be terminated in the event of a material breach of these terms by the End User.


6. GOVERNING LAW AND JURISDICTION
6.1 In relation to any matter concerning this Source and these Additional Terms shall be exclusively governed by the laws of Victoria and the End User agrees to submit to the Courts of Victoria in relation to any matter relating to these Additional Terms and the Source.