Terms & Conditions
Terms and conditions for the use of the Evenly website and apps.
Welcome to www.evenly.com.au (the 'Website'). The Website provides services to help
businesses better understand the risk of engaging in trade with other businesses (the 'Services').
The Website is operated by Evenly Pty Ltd (ABN 56 637 956 999 ) . Access to and use of the
Website,
or any of its associated Products or Services, is provided by Evenly. Please read these terms
and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this
signifies that you have read, understood and agree to be bound by the Terms. If you do not agree
with the Terms, you must cease usage of the Website, or any of Services, immediately.
Evenly reserves the right to review and change any of the Terms by updating this page at
its sole discretion. When Evenly updates the Terms, it will use reasonable endeavours to provide
you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the
date of their publication. Before you continue, we recommend you keep a copy of the Terms for
your records.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Evenly in the user interface.
2.1 The information (“Information”), including scores and other predictions, provided on the Website or via the Evenly Application Programming Interface (the "API") constitutes general information only and is not advice.
2.2 Evenly does not warrant the accuracy, adequacy correctness, timeliness or completeness of the Information and to the extent we are able to at law, we exclude all statutory or implied representations, conditions, warranties and terms relating to that material. Evenly does not exclude any statutory or implied representations, conditions, warranties, terms or guarantees to the extent we are prohibited by law from doing so (including under the Australian Consumer Law).
2.3 The Information is provided to you for informational purposes only and Evenly accepts no responsibility for any loss suffered by you in using or not using the information contained in it or for any loss suffered as a result of your reliance on the accuracy or currency of the Information , except where liability cannot be excluded by legislation.
2. 4 To the extent permitted by law, Evenly does not accept liability for the acts or omissions of those who provide data used in compiling the report.
2.5 You agree that you will only use the Information we supply you for your own internal business use and to facilitate business and/or credit risk decisions only. You agree that you will not re-sell, re-package or otherwise re-use our information in any other way, including for sales and marketing purposes or for de-compiling and/or to build your own databases.
2.6 Evenly is committed to correcting any Information which may be inaccurate on the Website or via the API. To seek a review of Evenly data please send an email to support@evenly.com.au including the below details, and any other relevant information you may have, and a member of the Evenly support team will respond ASAP to help resolve your issue
- The relevant entity name
- The relevant entity ABN
- The Evenly Score or other information which you believe to be incorrect
2.7 In addition to the above, Equifax sourced Information is subject to Equifax's own terms and conditions which can be found:
- HERE - for Equifax's general terms; and
- HERE - for Equifax's Swiftcheck terms.
2.8 Equifax also has it's own process for correcting errors in their underlying records. The process can be found HERE.
3.1. In order to access the Services, you must first register for an account through the Website
(the 'Account').
3.2. As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including:
(a) Email address
(b) Preferred username
(c) Password
3.3. You warrant that any information you give to Evenly in the course of completing the
registration process will always be accurate, correct and up to date.
3.4. Once you have completed the registration process, you will be a registered member of the
Website ('Member') and agree to be bound by the Terms.
3.5. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Evenly; or
(b) you are a person barred from receiving the Services under the laws of Australia or other
countries including the country in which you are resident or from which you use the
Services.
3.6 Subscription Payments Handled By Evenly
(a) Evenly uses Stripe as our payment gateway to complete payments approved by you as part of
signing up to a paid subscription after any free trial period ends.
(b) By subscribing to a paid service on our website you authorise Evenly to send instructions to
the financial institution that issued your card to take payments from your card account in
accordance with these terms.
(c)Payments will be initiated on your nominated payment method once a month, on the anniversary
of the date you moved from free trial to paid subscriber.
(d) From time to time you may be entitled to discounts on your subscription fees. Where the
amount you will be charged at renewal is less than the amount you agreed to when you initiated
your subscription, we will reduce the amount charged without notifying you.
(e) The Payment amount will be as agreed when you signed up to your paid subscription unless we
notify you in advance, via your nominated email account, of pricing changes.
(f) You can cancel your subscription at any time either automatically through your relevant
Evenly service account page or by contacting Evenly support at hello@evenly.com.au requesting a
cancellation.
(g) Your subscription will run until the end of the current paid period at which time Evenly
will no longer bill you unless authorised by you again.
(h) Once you cancel a subscription you will lose access to all additional products and services
tied to a paid subscription account.
(i) Any discounts accrued during the period you held the subscription to be cancelled will
expire and will not apply to any future subscriptions except at the sole discretion of Evenly.
3.7 Subscription Payments Handled By Equifax or other 3rd Parties
(a) Where you sign up to a paid subscription for a Service via Equifax or another authortised 3rd Party with Evenly you will be subject to their payment and subscription terms
4.1. As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant
jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or
email address. Use of your password by any other person may result in the immediate cancellation
of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly
prohibited. You agree to immediately notify Evenly of any unauthorised use of your password or
email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of
the Website by you for the purposes of Evenly providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours
except those that are specifically endorsed or approved by the management of Evenly;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which
includes collecting email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation
may be removed from the Website without notice and may result in termination of the Services.
Appropriate legal action will be taken by Evenly for any illegal or unauthorised use of the
Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is
prohibited.
5.1. Where the option is given to you, you may make payment for the Services (the ' Services
Fee') by way of our payment gateway provider, Stripe.
5.2. In using
the Website, the Services or when making any payment in relation to your use of the Services,
you warrant that you have read, understood and agree to be bound by the Stripe terms and
conditions which are available on their website.
5.3. You acknowledge and agree that where a request for the payment of the Services Fee is
returned or denied, for whatever reason, by your financial institution or is unpaid by you for
any other reason, then you are liable for any costs, including banking fees and charges,
associated with the Services Fee.
5.4. You agree and acknowledge that Evenly can vary the Services Fee at any time.
Evenly will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Evenly makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
7.1. The Website, the Services and all of the related products of Evenly are subject to
copyright. The material on the Website is protected by copyright under the laws of Australia and
through international treaties. Unless otherwise indicated, all rights (including copyright) in
the Services and compilation of the Website (including but not limited to text, graphics, logos,
button icons, video images, audio clips, Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are reserved by Evenly
or its contributors.
7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by
Evenly, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you
are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache
memory; and
(c) print pages from the Website for your own use.
7.3. Evenly does not grant you any other rights whatsoever in relation to the Website or the
Services. All other rights are expressly reserved by Evenly.
7.4. Evenly retains all rights, title and interest in and to the Website and all related
Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered
design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright
(or an adaptation or modification of such a thing, system or process),
to you.
7.5. You may not, without the prior written permission of Evenly and the permission of any other
relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or third party
Services for any purpose, unless otherwise provided by these Terms. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in the public
domain.
8.1. Evenly takes your privacy seriously and any information provided through your use of the
Website and/or Services are subject to Evenly's Privacy Policy, which is available on the
Website.
8.2 Evenly also takes the privacy of the broader community seriously. In sharing information with the Evenly Services you must comply with all applicable laws (including privacy laws where relevant) and mandatory determinations or guidelines issued under law.
8.3 If you choose to provide personal information in relation to individuals, then when collecting personal information you must take reasonable steps to ensure that personal information is not passed on to the Services or, otherwise, seek the consent of the applicable individuals to the extent reasonably necessary to ensure that, to the extent permitted by any relevant privacy laws, Evenly and its worldwide affiliates and partners may have access to that personal information for the purposes contemplated in these terms without the need for Evenly to contact those third parties directly.
9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
9.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly
stated in the Terms are excluded; and
(b) Evenly will not be liable for any special, indirect or consequential loss or damage (unless
such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you "as is" and "as available" without warranty or condition of any
kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors
of Evenly make any express or implied representation or warranty about the Services or any
products or Services (including the products or Services of Evenly) referred to on the Website.
includes (but is not restricted to) loss or damage you might suffer as a result of any of the
following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful component, loss of
data, communication line failure, unlawful third party conduct, or theft, destruction,
alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or
any of its Services related products (including third party material and advertisements on the
Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of
Evenly; and
(d) the Services or operation in respect to links which are provided for your convenience.
10.1. Evenly's total liability arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity, under statute
or otherwise, will not exceed the resupply of the Services to you.
10.2. You expressly understand and agree that Evenly, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by you, however caused and
under any theory of liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business reputation and any
other intangible loss.
11.1. The Terms will continue to apply until terminated by either you or by Evenly as set out
below.
11.2. If you want to terminate the Terms, you may do so by:
(a) providing Evenly with 1 days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Evenly has made this
option available to you. Your notice should be sent, in writing, to Evenly via the 'Contact Us'
link on our homepage.
11.3. Evenly may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Evenly is required to do so by law;
(c) the provision of the Services to you by Evenly is,
in the opinion of Evenly, no longer
commercially viable.
11.4. Subject to local applicable laws, Evenly reserves the right to discontinue or cancel your
membership at any time and may suspend or deny, in its sole discretion, your access to all or
any portion of the Website or the Services without notice if you breach any provision of the
Terms or any applicable law or if your conduct impacts Evenly's name or reputation or violates
the rights of those of another party.
12.1. You agree to indemnify Evenly, its affiliates, employees, agents, contributors, third
party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or
attempts to do so; and/or
(c) any breach of the Terms.
13.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal
or Court proceedings in relation to the dispute, unless the following clauses have been complied
with (except where urgent interlocutory relief is sought).
13.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome and
the action required to settle the Dispute.
13.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')
must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously
by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not
been resolved, the Parties must either agree upon selection of a mediator or request that an
appropriate mediator be appointed by the President of the Australian Mediation Association or
his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the
cost of the venue of the mediation and without limiting the foregoing undertake to pay any
amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties
must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney, Australia.
13.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection
with this dispute resolution clause are confidential and to the extent possible, must be treated
as "without prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not
been resolved, either Party may ask the mediator to terminate the mediation and the mediator
must do so.
The Services offered by Evenly is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
December 15, 2023
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