- The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logging on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing to laws in Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
- The directors, owners, employees, agents, officers and representatives of Fix Bad Credit (FBC) do not give personal financial advice, and all financial advice is of a general nature, and does not consider your needs, objectives or your financial situation. If you require personal advice, we may refer to you qualified person/s. If we do so, we will disclose any fees and commission upon such referral.
- Upon the provider FBC accepting your payment, FBC will provide you with a copy of your credit file should you not have one. FBC will fill out online investigation forms, request documents from creditors and refer to known legislative material that may assist in the removal of any negative information on your credit file.
- The service that FBC provides is the provision of information and advice about an individual’s credit status and steps that may be taken to identify if reports have been incorrectly reported and recorded and action that may be taken to remove incorrectly reported entries. FBC does not provide any guarantee or assurance in relation to the removal of any and/or all reports from a person’s credit report. What we do offer is a refund if we cannot remove the negative information on your credit file.
- By signing the third-party authorisation, you consent to FBC sending written correspondence to credit reporting agencies, credit providers and financial institutions on your behalf. FBC will act on your behalf in rectifying the negative details on your credit file, however, FBC does not guarantee any amendment to your credit information.
- Should FBC be unable to remove negative details on your file, you are free to go to other agencies, and law firms to seek legal advice about the removal process.
- FBC advices that you have the right to query and contest inaccurate personal credit information through contacting relevant credit providers, credit reporting agencies and financial institutions without charge. However, as part of the service that FBC provides, we do this on your behalf.
- While obtaining a credit file is free, FBC may charge for this service as part of the negative detail removal process. The charge is for the time spent in adding details and verifying the information to the reporting agencies.
- While information on the website www.smileyfinancial.com.au attempts to explain aspects of the law the information is not legal advice and is provided to enable you to understand the time it may take to remove such negative details.
- FBC does not give any personal legal advice. It will only act upon laws which are known, and precedents set in a court of law. FBC and the directors, owners, employees, agents, officers and FBC will not be held liable for any direct or indirect damages incurred as a result of this site including but not limited to contractual responsibilities, any loss of profits or income or any tort.
- License Unless otherwise stated, FBC and/or its licensors own the intellectual property rights for all material on the website. All intellectual property rights are reserved. You may access this from FBC for your own personal use subjected to restrictions set in these terms and conditions.
- You must not: Republish material from FBC, Sell, rent or sub-license material from FBC, Reproduce, duplicate or copy material from FBC or Redistribute content from FBC.
- This Agreement shall begin on the date hereof by the date that you enter the website
- Hyperlinking to our Content, the following organizations may link to our Website without prior written approval: Government agencies, Search engines, News organizations, Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.We may consider and approve other link requests from the following types of organizations: commonly known consumer and/or business information sources.dot.com community sites. associations or other groups, representing charities, online directory distributors, internet portals, accounting, law and consulting firms; and educational institutions and trade associations.
- If you are one of the organizations listed in Section 15 and 16 above and are interested in linking to our website, you must inform us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
- No use of Smiley Holdings’ logo or other artwork will be allowed for linking absent a trademark license agreement.
- We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
- If we accept a payment arrangement on the service/s we provide, we will start the investigation once the first payment has been received. If the payment arrangement ceases or dishonours, we will cease work until funds have been received. If the payment remains outstanding for more than 30 days, we will close the file and you will not be entitled to a refund. However should you then elect to continue with our services, you may receive a credit but the full balance will be required.
- If any negative detail on the credit report contains an unpaid default listing, and there has been confirmation that it would be removed on payment, and you fail to make the payment a refund will not occur.
- Refunds will only be given once all avenues have been exhausted and once an independent ombudsman advises that the negative details cannot be removed, or 12 month period has lapsed.
- Refunds will occur within 21 Business days if section 2 terms are met.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury.
- limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
Your privacy is important to us. It is Fix Bad Credit s’ policy to respect your privacy regarding any information we may collect from you across our website, http://fixbadcredit.com.au, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we are collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we will protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. Any information obtained will be destroyed within 10 business days of us completing the required service, expect for a financial record, including date of birth, address and phone number. Your credit files and other personal information that may lead to identify theft will be destroyed.
We don’t share any personally identifying information publicly or with third parties, except when required to by law. We may share the personal information with credit reporting agencies, and creditors to access and assist us in updating your credit files. We may use your name and contact number for other marketing purposes such as financial services. You can opt out of this at any time.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 1 July 2020.