LEGAL

Terms & Conditions

Welcome to Clover.com.au.

Clover.com.au is an online service that allows You access to information of a financial nature. The Service consolidates and tracks Your financial information on https://www.clover.com.au. Based on this information, the Service may also present information relating to third party products or services. Clover.com.au may be referred to as “We, Us, Our”. The term “You” refers to the person reading this, and using Our Website.

Clover.com.au reserves the right to change these terms at any time, effective upon the posting of modified terms, and Clover.com.au will make every effort to communicate these changes to You via email or notification via https://www.clover.com.au. It is likely the terms of Use will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Website.

By accessing or using Clover.com.au, You agree to be bound by these Terms and by Our Privacy Policy, whether or not You are a registered User of Our Service. These Terms apply to all visitors, registered Users, subscribers and others who access the Service.

To the 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 Clover.com.au Website for the documents. You may withdraw Your consent to the giving of documents by electronic communication at any time by emailing Us at hello@clover.com.au. We suggest that You print a copy of the document, or file it electronically, for future reference.

To access Clover.com.au'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 also consent to receive notices, information and other disclosures in electronic form We choose to Use through the links on this Website or any other means.

DEFINITIONS
  • “Agreement” means these Terms of Service.
  • “Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
  • “Data” means any data inputted by You or with Your authority into the Website, or data acquired via Your authorisation (including Your transaction information).
  • “Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
  • “Required Legal Documents” means the Financial Services Guide, MDA Contract and Brokers Agreement, or any other legal document required by law to provide this financial service.
  • “Service” means the services described and provided by the https://www.clover.com.au Website, whether accessed directly, or through third party applications.
  • “Website” means the Internet site at the domain https://www.clover.com.au or any other site operated by Clover.com.au.
  • “User” means the registered/unregistered User for the Service, and, where the context permits, includes any entity on whose behalf that person registers to Use this Service.
  • “You” means the Ordinary User and / or Subscriber, where the context permits. “Your” has a corresponding meaning.
COLLECTION OF INFORMATION

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 hello@clover.com.au. 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; and (e) provide You with the best possible portfolio. 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.com.au and other third parties and contractors as part of providing Our service.

Our Privacy Policy contains information about how You may (i) access Your personal information held by Us and seek the correction of such information; and (ii) complain about a breach of the Australian Privacy Principles or a registered Australian Privacy Principles Code (if any) that binds Us, and how We will deal with such a complaint.

PRIVACY AND YOUR INFORMATION

For information about Clover.com.au’s data protection practices, please read Clover.com.au’s Privacy Policy, which details Our protection of Your private and personal information when You access https://www.clover.com.au and use the Service. The policy may be updated from time to time at Our discretion. Changes will be effective upon posting to the site.

ACCOUNT INFORMATION FROM THIRD PARTY SITES

Within the Service, You may direct Clover.com.au to receive Your own information maintained online by third-party financial institutions which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”), or contained in Your email, or via other methods (for example, uploading documentation). Clover.com.au works with one or more online financial service to access this Account Information. The protection of Your information is subject to strict security and privacy practices, as detailed in the Clover.com.au Privacy Policy. Clover.com.au makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Clover.com.au is not responsible for the products and services offered by or on third-party sites.

Clover.com.au cannot always foresee or anticipate and therefore shall not be liable in respect of any technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Clover.com.au does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any User data, communications or personalisation settings.

For example, when Using the Service, Account Information via third party services is only as fresh as the time at which the information is obtained from such sites. Accordingly, Clover.com.au cannot assume any responsibility, nor bear any indemnity in respect of information Used for the Service that is in any way untimely or out of date.

Some parts of the Service are supported by sponsored links from advertisers and display offers that may be custom matched to You based on information stored in the Service, queries made through the Service or other information. We will always disclose when an offer is sponsored. Such information is provided by the Service ‘as is’, without express or implied warranty. The inclusion of any link does not imply that We endorse the linked site. You Use the information and links at Your own risk. We do not endorse, warrant or guarantee the products or services available through the offers provided by the Clover.com.au’s Website. We do not guarantee nor represent that offers (or any other third-party products or services advertised on or linked from Our site) are actually the terms that may be offered to You if You pursue the offer or that they are the best terms, or lowest rates available. Clover is in no way party to and will not be liable for enforcing any agreement made between You and any third party sponsor.

All third party products and/or services including names, services, company names and logos mentioned on the Website are trademarks of their respective owners, which are in no way associated or affiliated with Clover. These trademarks, services, processes or other information, by trade name, trademark, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Clover.com.au.

You Use the recommendations within Clover.com.au at Your own risk and should consult Your financial advisors prior to entering into any products recommended. Clover.com.au does not provide financial advice, but provides You with an opportunity to review Your financials in a new perspective and make judgments upon Your own volition.

YOUR REGISTRATION INFORMATION

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, accessible through any standard, commercially available internet browser.

If You become aware of any unauthorized Use of Your Registration Information, You agree to notify Clover.com.au immediately via hello@clover.com.au.

YOUR USE OF THE SERVICE

Your right to access and Use Clover.com.au 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.com.au, the Website and the Service for lawful purposes and in accordance with these Terms and Conditions.

Accurate records enable Clover.com.au to provide the highest level of service to You. You must provide true, accurate, current and complete information about Your accounts maintained at other Web sites, as requested in Our “add account” setup forms, and 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 Clover.com.au 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 Clover.com.au or other actions that We elect to take. You also agree that Clover.com.au 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.com.au a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to Use the feedback You provide to Clover.com.au in any way. We will not sell, publish or share Your feedback in a way that could identify You without Your explicit permission.

Clover.com.au 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.

You acknowledge that Clover.com.a may, in Our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and/or the Service and You agree We are not liable to You or any third party for such variation, modification or discontinuance.

USE OF CLOVER.COM.AU WITH OTHER DEVICES

Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that You are solely responsible for these requirements, including any applicable changes, updates and fees as Well as the terms of Your agreement with Your mobile device and telecommunications provider. TO THE EXTENT PERMITTED BY LAW, CLOVER.COM.AU MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES. ONLINE, EMAIL AND MOBILE ALERTS

Clover.com.au may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to You following certain changes made online to Your Clover.com.au account, such as a change in Your Registration Information or a change to a relevant product disclosure statements.

These alerts provide You with alert messages for Your accounts. Clover.com.au may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and You may be asked to select from among these options within Your User settings.

Electronic alerts will be sent to the email address You have provided as Your primary email address for Clover.com.au. If Your email address or Your mobile device’s email address changes, You are responsible for informing Us of that change.

BecaUse alerts are not encrypted, We will never include Your unique third-party identification information. HoWever, alerts may include Your Clover.com.au Login ID and transaction and other information about Your accounts, depending upon which alerts You select.

RIGHTS YOU GRANT US

By submitting information, data, passwords, Usernames, passcodes, other log-in information, materials and other content to Clover.com.au through the Service, You are licensing that content to Clover.com.au solely for the purpose of providing the Service. Clover.com.au may Use and store the content, but only to provide the Service to You. By submitting this content to Clover.com.au, You represent that You are entitled to submit it to Clover.com.au for Use for this purpose, without any obligation by Clover.com.au to pay any fees or other limitations.

By Using the Service, You expressly authorise Clover.com.au to access Your Account Information maintained by identified third parties, on Your behalf as Your agent. When You Use the “Add Accounts” feature of the Service, You will be directly connected to the Website for the third party You have identified.

Clover.com.au will submit information including Usernames and passwords that You provide to log You into the site. You hereby authorize and permit Clover.com.au 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.com.au a limited poWer of attorney, and appoint Clover.com.au 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.COM.AU IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, CLOVER.COM.AU 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.

General Warning

You should not act or refrain from acting solely on the basis of the material contained on this Website unless You will proceed to accept and rely on the personal advice provided by Us via Our MDA Contract.

INTELLECTUAL PROPERTY RIGHTS

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.com.au or its licensors, advertisers or affiliates.

Clover.com.au 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.

You may download and view content or print a copy of material on the Website for personal, non-commercial Use, provided that You do not modify the content in any way (including any copyright notice).

The contents of Clover.com.au belong or are licensed to Clover.com.au or its software or content suppliers. Clover.com.au grants You the right to view and Use https://www.clover.com.au subject to these terms. You may download or print a copy of information provided on https://www.clover.com.au for Your personal, internal and non-commercial Use only. Any distribution, reprint or electronic reproduction of any content from Clover.com.au in whole or in part for any other purpose is expressly prohibited without Our prior written consent.

ACCESS TO THE INTERFACE

You agree that You will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Clover.com.au or any portion of Clover.com.au or the Service, without Clover.com.au’s express written consent, which may be withheld in Clover.com.au’s sole discretion;
  • Interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
  • Collect or store personal data about other Users of the Website;
  • Impersonate or falsely represent Your association with any person or organization;
  • Use or attempt to Use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Clover.com.au, other than the search engines and search agents available through the Service and other than generally available third-party Web browsers (such as Microsoft Explorer);
  • Post, communicate or transmit or Use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
  • Delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Clover.com.au or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Clover.com.au or the Service. - Furthermore, Clover.com.au does not warrant that functions contained in the Website and Service, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Clover.com.au or Our hosting server, are free of viruses or bugs.
SOCIAL MEDIA CONNECTIONS

Clover.com.au may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among Users who have registered to Use them. Any content You post, such as pictures, information, opinions, or any Personal Information that You make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand Your rights and obligations with regard to such content as Clover.com.au bears no obligations in respect of such information posted on such Websites.

USAGE LIMITATIONS

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.com.au’s programming interface. Any such limitations will be specified within the Service, or as a reasonable person would assume to be fair.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event shall Clover.com.au, 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, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

We understand that, in some 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.com.au 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.com.au 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.com.au 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.

INDEMNITY

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Clover.com.au, its parent corporation, 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.

ABILITY TO ACCEPT THIS AGREEMENT

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.

WAIVER

Failure by Clover.com.au to enforce any of Our rights under this legal notice shall not be construed as a waiver of those rights or any other rights in any way whatsoever. If any of the Terms of Use are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any terms may be overwritten in the Required Legal Documents and shall have the effect outlined there.

ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Clover.com.au without restriction.

GENERAL

You agree that: (i) These Terms and Conditions are governed by the laws of the Victoria, Australia, and You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria; and (ii) the Service shall be deemed a passive Website that does not give rise to personal jurisdiction over Clover.com.au, either specific or general, in jurisdictions other than Victoria, Australia.. These Terms, together with the Privacy Policy and any other legal notices published by Clover.com.au on the Service, shall constitute the entire agreement between You and Clover.com.au concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Clover.com.au’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action first occurs. Otherwise, such cause of action is permanently barred. These Terms and Conditions constitute the entire agreement between Clover.com.au and You in relation to the Website and the Service and Your Use of the same supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between Us and You in relation to the Website. The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of Your registration or termination of the Services. If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.