1. Services

1.1 We provide you with the following services (together, the Services):

(a) access to your personal credit score and other credit information about you from a Credit Reporting Body (Personal Credit Information);

(b) access to information and offers from providers of goods and services, including credit providers (together Providers);

(d) insights and information about your credit rating; and

(e) information and updates about other products and services.

1.2 If you access your Personal Credit Information, you will also receive updates and alerts about your Personal Credit Information, including when it changes (Credit Information Alerts)
1.3 We grant you a non-exclusive, non-transferable, limited licence to use the Services for your personal and non-commercial use in accordance with these Terms of Use.

1.4 You warrant that you will 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 cooperate in any investigation relevant to your use of the Flux Website or our Services.

1.5 You must keep your username and password (Login) confidential. You must not disclose to or allow another person to use your Login. Please change your password and contact us immediately if you become aware of any unauthorised use of your Login or any other breach of security. We may treat any access or use of the Flux Website at any time by the use of your Login as access or use of the Flux Website by you.

2. Terms and Eligibility

2.1 Your access to the Services continues until (a) you cancel your Flux account (by emailing us at support@flux.finance in which case we will terminate your account as soon as practicable); or the Services are suspended or terminated by us in accordance with clause 9.

2.2 To be eligible to use our Services you must be:

(a) 18 years of age or older – you meet our identity verification requirements to confirm this; and
(b) resident in Australia – you must provide a current residential address in Australia when you register for Flux and you must terminate your account if you are no longer a resident of Australia in the future.

2.3 You must 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 Flux Website to enforcement agencies or credit providers.

3. Access to your bank information

3.1 You can also use Flux Services, to access information relating to all of your chosen Bank accounts in one place. This Service is made possible through the specialised services provided to us by Basiq

3.2 If you use the Budgeting tool, you authorise us and Basiq:

(a) to collect Information from your Bank(s), on your behalf, using your Open Banking credentials (and you appoint us as your agents for that limited purpose); and
(b) authorise us and Basiq to use your Information in accordance with our Privacy Policy.

3.3 In order to make the Budgeting service efficient, Flux and/or Basiq may extract:

(a) 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); and
(b) that information on each day that you log into your Basiq account.

3.4 If you use the Budgeting tool, you:

(a) confirm that you have express authority from any applicable joint account holders to use Budgeting tooland to appoint us as your agent in accordance with, and provide the authorisations set out in, clause 3.2;
(b) acknowledge that you are solely responsible for ensuring that your use of the Budgeting tool (including appointing us as your agent in accordance with clause 4.2) complies with the terms and conditions of your chosen Banks; and
(c) acknowledge that, if you provide us with incorrect Bank credentials, you will not be able to see the account information on the Budgeting page 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 endeavour to access your accounts directly).

4. Prohibited conduct

4.1 You must not:

(a) do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services.
(b) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Flux Website or our 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; or
(c) use the Services for any fraudulent or unlawful purpose, or in a way that will result in complaints, disputes or claims, costs or liability to us or you, or publish any material in any forum by any means that is, offensive, discriminatory, unlawful, threatening, harassing, defamatory, false, inaccurate or misleading;
(d) use a robot, spider, scraper or other unauthorised automated means to access the Flux Website or information featured on it, or harvest information from the Flux Website, for any purpose;
(e) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
(f) directly or indirectly use any content on the Flux 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;

5. IP Rights

5.1 We own all rights to the Flux Website and Services (including all logos and trademarks) and all the content available through the Services, whatever its nature (Site Content). You may not use or reuse in any form or by any means, any Site Content without our express prior written consent. Nothing on the Flux Website should be interpreted as granting (by implication or otherwise) any license or right to use any of the Site Content or trademarks displayed on the Flux Website, including by linking or framing. We prohibit the use of any of our 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. All rights not expressly granted to you are expressly reserved by us.

6. Privacy

6.1 We will collect, use and disclose Personal Information in accordance with our Privacy Policy, and in accordance with the Privacy Act 1988 (Cth) and any other applicable privacy laws, including any determination, code or guideline issued under those laws in the Territory (in each case as amended or replaced at any time) (Privacy Laws).

7. Termination and Suspension

7.1 You may cancel your Flux account at any time, in accordance with clause 2.1. You can cancel or suspend your use of Budgeting toolat any time by navigating to the Accounts page and following the instructions to remove all of your chosen accounts.

7.2 We reserve the right to deny, suspend or terminate your Flux account and/or access to the Services (in whole or in part) at any time, for any reason whatsoever (including any breach of these Terms of Use), at our absolute discretion. Where it is possible, we will notify you in writing of any suspension or termination and the reasons for it. If we terminate your Flux account, your access to all Services will automatically terminate.

7.3 On termination of any Services (in whole or in part) the following provisions apply in respect of the Services that are terminated:

(a) each licence granted by us in respect of the Services also terminates; and
(b) you must immediately cease using the Services and delete copies of our Confidential Information. On termination of any Services (in whole), we will delete your Personal Information, except to the extent we’re required by law or by our internal document retention policies to retain it, or have the right to retain it under any rights granted to us through our Privacy Policy.

8. Disclaimer and Liability

8.1 Disclaimer & Liability – While we 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 the following (to the extent permitted by law and subject to clause 12.2):

(a) the Services are provided strictly on an “as is” and “as available” basis.
(b) we exclude all liability to you for:

(i) the Services being inaccurate, incomplete or unsuitable;
(ii) any delay or unavailability of the Services, or the Services being out-of-date;
(iii) any data loss or corruption, or any viruses or other harmful components associated with Services;
(iv) any use of 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. We recommend that you seek advice from an appropriately-qualified financial adviser before choosing to apply for any Offer if you need assistance; and
(v) any fraudulent or unauthorised registration of a Flux account or any information contained on the Website or available through the Services;

(c) 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 any other indirect or consequential loss;
(d) to the extent we have any liability to you in relation to the Services or under these Terms of Use (other than for our fraud, breach of clause 8 (Privacy) or under the indemnity in clause 13.2 (Third Party Claims)), our liability is limited to resupply of the Services; and
(e) 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 Flux, including from your Banks and Providers.

8.2 Without in any way limiting clause 8.1, the following disclaimers also apply (to the extent permitted by law):

(a) Credit Reports – If you use Flux to access your credit report, or other Credit Information, we do not represent that any debt identified on a credit report represents all amounts owing by you to all or to any particular lender. For example (without limitation):

(i) your personal credit report only covers debt that satisfies the criteria for “Credit Defaults” under the Privacy Laws;
(ii) additional interest and default fees may have accrued on your debt; and
(iii) you may have made payments to a lender which the lender has not yet notified to the Credit Reporting Body.

(b) Bank accounts – If you use theBudgeting tool, we and Basiq rely on information extracted from your chosen Banks and we do not accept responsibility for any information extracted from your chosen Banks, including for the accuracy, timeliness or categorisation of your Information. For example, if you have registered for the Budgeting tool, in general, Flux and/or Basiq will only extract information from your chosen Banks twice on each day that you log into your Flux account (unless you choose to manually refresh and extract information). Accordingly the information that you access using Flux may not include your most recent transactions.
(c) Not financial advice – We do not provide any personal financial, legal or tax advice and we express no opinion on your debt repayment and debt management. You should seek advice from an appropriately qualified financial adviser before making any decision in relation to repayment of a debt if you need assistance.
(d) Countries – Use of our Services is strictly limited to residents of Australia. We make no representation or warranty that our Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. If you access our 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 your relevant country.
(e) Links – The Flux Website may contain links to other websites, including the websites of Providers (Third Party Sites). Links to Third Party Sites are provided for 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 Flux Website, you do so entirely at your own risk.
(f)Testimonials – The Flux Website may contain testimonials about Providers’ products or services. The content of testimonials is provided to us by Providers and we do not control nor independently verify this content.
11.3 The limitations on our liability and disclaimers set out in this clause 11 also apply to our Related Bodies Corporate and service providers, including Credit Reporting Bodies.

9. Liability and Indemnity

9.1 You indemnify us from any Third Party Claims against us which arise due to your breach of these Terms of Use.

9.2 We indemnify you from any Third Party Claims against you which arise due to our Services infringing a third party’s intellectual property rights (except to the extent caused by you and/or your breach of these Terms of Use). If our Services are alleged to infringe a third party’s intellectual property rights, we may, at our sole option and expense, elect to modify or replace the Services so they are non-infringing, or cancel supply of the Services and terminate these Terms of Use. To the extent permitted by law, this clause states our sole liability, and your sole remedy, with respect to our Services infringing a third party’s intellectual property rights

9.3 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:

(a) promptly give written notice to the indemnifying party of the Third Party Claim; and
(b) allow the indemnifying party to conduct the defence and settlement of that claim (provided the indemnified party is not detrimentally impacted).

9.4 You acknowledge and agree that this clause 9 is fair and reasonable in the context of the Services being provided to you at no charge.

10. Confidentiality

10.1 Each party must (unless expressly agreed otherwise):

(a) use Confidential Information only for the purposes of the Services; and
(b) 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.

10.2 The confidentiality obligations in clause 14.1 do not apply to information that:

(a) is or becomes legally in the public domain at the time of disclosure without a breach of clause 14.1;
(b) is legally obtained from a third party;
(c) was in already in the possession of a party at the time of disclosure without any associated obligation of confidentiality;
(d) has been independently developed by a party; or
(e) is required to be disclosed by law or the rules of a stock exchange.

11. Notices

11.1 You agree that any notices or other communications may be provided to you electronically (either by posting messages on the Flux Website, or via the email you have provided as part of the registration process). You may send notifications to us via hello@flux.finance

12. General

17.1 Assignment – You must not assign these Terms of Use. We may assign our rights under, or novate, these Terms of Use to any of our group companies or in connection with a merger or consolidation involving us or the sale of substantially all of our assets.

17.2 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.

17.3 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.

17.4 Survival – Any provision of these Terms of Use which is by its nature a continuing obligation will survive termination of these Terms of Use

17.5 Laws – These Terms of Use are governed by the laws of Victoria, Australia.

17.6 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”.

17.7 Currency – reference to “$” or “dollars” means AUD.

17.8 References to our Related Bodies Corporate and service providers are intended to confer a benefit on those companies, and be enforceable by those companies.

13. Definitions

Bank means your relevant bank or financial institution, the details of which you provide to us if you use the Budgeting tool

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

Consumer Law means consumer law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Credit Information means, as applicable, Personal Credit Information and/or Business Credit Information (as each is defined in clause 1.1).

Credit Reporting Body means Equifax Australia Information Services and Solutions Pty Ltd (ABN 26 000 602 862). Flux is not a Credit Reporting Body.

Flux, we or us means Flux Technologies (ABN 86 634 507 172) and Flux Insights (ACN 636 287 922), which is a 100% owned subsidiary of Flux Corp (ACN 636 255 000)

Flux Website or Website means the website available at the URL https://www.flux.finance or https://www.joinflux.com

Basiq means Basiq Pty Ltd (ABN 95 616 592 011)

Budgeting means the Services available on the Budgeting tab on the Flux Website and app, which enable you to access information relating to all of your chosen Bank accounts in one place and get a 360 view of your finances

Flux Information means Personal Information that Flux and/or Basiq extracts from your Bank(s) at any time using your Bank credentials;

Personal Information means personal information (as defined in the Privacy Laws) that you provide to Flux or authorise Flux to collect at any time.

Privacy Laws has the meaning in clause 8.1.

Privacy Policy means the Flux Privacy Policy (as amended from time to time) located at www.flux.finance/privacy-policy

Provider has the meaning in clause 1.1.

Related Body Corporate has the meaning given to that term in section 9 of the Corporations Act 2001.

Services has the meaning in clause 1.1.

Terms of Use means these Terms of Use, together with our Privacy Policy and Disclaimer

Territory means Australia.

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 means the end user that is accessing or using the Website or Services.

Terms of Use