Terms and Conditions

Subject to clause 1.2, Equifax will make the Market Share Website available to You on the terms and conditions set out in this Agreement.

You acknowledge that certain parts of the Market Share Website will not be available to You unless you are a subscriber to the Market Share product and have entered a valid password into the Market Share Website, where required.

The Market Share Website may contain links to third party websites ("Linked Sites").

Links to Linked Sites are provided for convenience only. The appearance of a link to a Linked Site does not imply Equifax’s endorsement of that Linked Site or any Third Party Content. Equifax has no control over and is not responsible for any Linked Site or any Third Party Content.

You access Linked Sites at your own risk and, to the full extent permitted by law, Equifax disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on such Linked Sites and in Third Party Content.

You should carefully review and comply with the terms of use and privacy policies on all Linked Sites.

The Market Share Website and all Market Share Content (and all intellectual property rights that subsist in the Market Share Website and Market Share Content, including without limitation copyright, trade marks, patents, design rights and all other forms of intellectual property existing in the world) are owned and operated by Equifax or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.

You must not do anything which breaches or otherwise interferes with Equifax’s intellectual property rights or the intellectual property rights of any of Equifax’s third party licensors. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on the Market Share Website.

You must not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Market Share Website or Market Share Content in any way.

Your use of Third Party Content (including, without limitation, third party websites linked to the Market Share Website) may be subject to a third party's terms and conditions of use. It is your responsibility to check and comply with such terms. Nothing in this Agreement (or otherwise on the Market Share Website) constitutes a licence or right for You to use such Third Party Content.

All rights not expressly granted are reserved by Equifax.

Equifax reserves the right to modify, discontinue or disable the Market Share Website or any part of the Market Share Website (on a permanent or temporary basis) at any time.

You must not use the Market Share Website for any unlawful purpose.

You must not violate or attempt to violate the security of the Market Share Website.

If you breach the terms of this Agreement, Equifax may (at its option, and without limiting the remedies available to Equifax in any way) terminate its agreement with you or bar you from accessing the Market Share Website on a temporary or permanent basis.

If your access to the Market Share Website is barred or your agreement with Equifax is terminated in the manner described in clause 4.4, you must not access or use the Market Share Website during the period during which your access is barred.

Any personal information collected by Equifax through the Market Share Website will be dealt with in accordance with the Market Share Website Privacy Policy, the terms of which are available at Privacy Policy.

You consent to the use of any personal information collected in relation to You in accordance with the Market Share Website Privacy Policy.

You represent and warrant to Equifax that in using the Market Share Website, you will act in accordance with all applicable laws and regulations and in accordance with this Agreement.

To the full extent permitted by law and subject to clause 7.7, Equifax excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.

To the full extent permitted by law and subject to clause 7.7, the Market Share Website and all Market Share Content is provided to You "as is" and on an "as available" basis, without any representation or endorsement made and without warranty of any kind (whether express or implied).

You acknowledge and agree that Your use of the Market Share Website (including, without limitation, all Market Share Content, Linked Sites and Third Party Content) is at Your sole risk.

To the full extent permitted by law and subject to clause 7.7, neither Equifax nor any party involved in creating, producing or delivery the Market Share Website accepts any liability for the accuracy, timeliness or completeness of the information contained on the Market Share Website or any responsibility for any errors or omissions in the content on the Market Share Website, whether or not Equifax is aware of such errors or omissions.

To the full extent permitted by law and subject to clause 7.7, Equifax excludes all liability to You for any damages or loss (including without limitation direct, incidental, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising out of your access to, or use of, or inability to use or access the Market Share Website or otherwise in connection with Your use of, or reliance on, the Market Share Website (or any Market Share Content, Linked Site or Third Party Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise)).

Further and without limiting the foregoing in any way, to the full extent permitted by law and subject to clause 7.7, Equifax does not guarantee that the functions contained on the Market Share Website will be uninterrupted or error free and does not warrant that the Market Share Website or its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected (even if Equifax is aware of them).

Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent that Equifax is entitled to do so, Equifax limits its liability in respect of any claim under those provisions to (at its option):

                a.   in the case of goods:

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of having the goods repaired, and

                b.   in the case of services:

1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.

You hereby indemnify and hold harmless Equifax and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:

1. Your breach of this Agreement, including (without limitation) a warranty in clause 6;
2. any and all unauthorised uses You may make of any materials on the Market Share Website, including without limitation any misuse of Market Share Content; and
3. any act of fraud or wilful misconduct by or on behalf of You.

You acknowledge and agree that unauthorised use of the Market Share Content by you could cause Equifax (or its third party suppliers or licensors) irreparable harm and that, in the event of unauthorised use, Equifax is entitled to seek an injunction to prevent such use, in addition to any other remedies available at law or in equity.

We may provide You with notices in connection with this Agreement by posting such notices on the Market Share Website or, where appropriate, by email or mail if you have provided contact details for that purpose.

Equifax may assign this Agreement provided that the relevant assignee undertakes to perform all of Equifax obligations herein.

The indemnities in this Agreement are:

1. continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
2. absolute and unconditional and unaffected by anything that might have the effect of prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.

This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.

In this Agreement, these capitalised terms have the following meanings:
Equifax means Equifax Australia Marketing Services Pty Ltd (ABN 88 071 215 328).
Market Share Content means all content contained on the Market Share Website (including without limitation all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on the Market Share Website (other than Third Party Content)).
Third Party Content means links to Linked Sites contained on the Market Share Website and all text, graphics, icons, advertisements, photographs, databases, trade marks and other information contained on such Linked Sites.
You means you, the user of the Market Share Website.