Clover.com.au (also referred to as “We, Us, Our, Clover”) is an online investment service that allows You access to information of a financial nature. The term “You” refers to the person reading this, and using Our Website.
To the maximum extent possible We choose to carry out all transactions by means of electronic communication in accordance with the Electronic Transactions Act 1999 (Cth) and any regulations. You consent to using electronic means to form, or agree, or agree to, or bind You to, legal obligations. Therefore, where You indicate through electronic means Your agreement to, or acceptance of, terms and conditions, offers and other documents, You will be taken to have agreed to, or signed them.
You agree that any where We are required, by law or otherwise, to provide You with any documentation You consent to the provision of that document electronically through the links on this Website or any other means that We choose to use. Paper documents may no longer be given to You and You must regularly check Your email, push notifications, Your account, text messages and the Website for the documents.
To access Clover's services You will also need to agree to receive notices, information and other disclosures in electronic form. We make such communications by electronic means in accordance with the Electronic Transactions Act 1999 (Cth) and any regulations.
You authorise Us to collect and access Your information from time to time for the purpose of providing Our services to You. If You have any questions regarding the collection and access to Your personal information, please contact Us by emailing email@example.com. We may also collect personal information as required or authorised by or under The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the National Consumer Credit Protection Act 2009 (Cth), The National Credit Code, or any of their related regulations. In addition, if We are required or authorised by or under a court or tribunal order to collect personal information about You, We will take reasonable steps to notify You as soon as practicable after the order.
We will usually use personal information to: (a) provide You with services You have requested; (b) communicate with You; (c) determine Your Clover Risk Score; (d) verify Your identity and other information You provide to Us. If some or all of the personal information is not collected, We may not be able to provide You with Our services, so that You may not be able invest via Our platform. We may also disclose personal information to credit reporting and rating agencies, debt collection agencies, any related body corporate of Clover and other third parties and contractors as part of providing Our service.
You agree and understand that You are responsible for maintaining the security and confidentiality of Your password, which, together with Your Login ID email address, allows You to access the Service. That Login ID and password, together with any other information You provide at signup form Your “Registration Information.”
By providing Us with Your email address, You agree to receive all required notices electronically, to that email address. It is Your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if Your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on Our site.
If You become aware of any unauthorized use of Your Registration Information, You agree to notify Clover immediately via firstname.lastname@example.org.
Your right to access and use Clover and the Service is personal to You and is not transferable by You to any other person or entity. You must access and use Clover, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.
Accurate records enable Clover to provide the highest level of service to You. You must not misrepresent Your Registration Information. In order for the Service to function effectively, You must also keep Your Registration Information up to date and accurate. If You do not do this, the accuracy and effectiveness of the Service to You will be affected.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that We elect to take. You also agree that Clover may use Your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Clover a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback You provide to Clover in any way We see fit. We will not sell, publish or share Your feedback in a way that could identify You without Your explicit permission.
Clover reserves the right to discontinue or cancel Your registration, at Our sole discretion and without notice including but not limited to the following reasons: (a) breach of any applicable law or breach of any of the Terms and Conditions; (b) where We conclude that Your conduct impacts on Our name or reputation; or(c) where We conclude that Your conduct violates Our rights or those of another party.
By submitting information, data, passwords, usernames, passcodes, other log-in information, materials and other content to Clover through the Service, You are licensing that content to Clover solely for the purpose of providing the Service. Clover may use and store the content, but only to provide the Service to You. By submitting this content to Clover, You represent that You are entitled to submit it to Clover for use for this purpose, without any obligation by Clover to pay any fees or other limitations.
Clover will submit information including usernames and passwords that You provide to log You into the site. You hereby authorize and permit Clover to use and store information submitted by You to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which You submit Your information. For purposes of this Agreement and solely to provide the Account Information to You as part of the Service, You grant Clover a limited power of attorney, and appoint Clover as Your attorney-in-fact and agent, to access third party sites, retrieve and use Your information with the full power and authority to do and perform each thing necessary in connection with such activities, as You could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN CLOVER IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, CLOVER IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
You should not act and should refrain from acting solely on the basis of the material contained on this Website unless You will aim to proceed to accept Our MDA Contract.
All intellectual property in relation to the Website, the Service and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) (“Intellectual Property”) belongs to Clover or its licensors, advertisers or affiliates.
Clover retains all right, title, and interest in and to the Website and all related content and Intellectual Property, and nothing You do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to You, or license to You any such rights unless expressly stated otherwise.
You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
Any distribution, reprint or electronic reproduction of any content from Clover in whole or in part for any other purpose is expressly prohibited without Our prior written consent.
You agree that You will not:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Clover’s programming interface. Any such limitations will be specified within the Service, or as a reasonable person would assume to be fair.
To the fullest extent permitted by law, in no event shall Clover, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of Our services, (iii) any unauthorised access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Our services, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through Our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of Your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, and whether or not the company is advised of the possibility of such damages.
We understand that, in certain jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded. If that is true in Your jurisdiction, then to the extent permitted by law, Clover limits its liability for any claims under those warranties or conditions to either supplying You the services again (or the cost of supplying You the services again).
You specifically acknowledge that Clover shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
The Service is controlled and offered by Clover from its facilities and makes no representations that the Service is appropriate or available for in any locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Clover, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Your use of the Service.
You affirm that You are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
We provide these Terms with Our Service so that You know what terms apply to Your use. You acknowledge that We have given You a reasonable opportunity to review these Terms and that You have agreed to them.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Clover without restriction.