idSafe Terms & Conditions

Effective date: 1 June 2019

Welcome to idSafe

Thanks for using our products and services ("Services"). The Services are provided by idSafe Pty. Ltd. ("idSafe"), located at 3/84 Union Street, Pyrmont, 2009, NSW, Australia.

By using our Services, you are agreeing to these terms. Please read them carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

1. idSafe Services

1.1 idSafe provides various identification security services to help you manage and respond to the risk of identity theft and other related risks.

1.2 By signing up for and using our Services, you agree to accept these Terms and Conditions and comply with all your obligations set out in these Terms and Conditions.

1.3 To access the Services, you must be over 18 years of age and sign up for a Subscription in accordance with these Terms and Conditions.

1.4 When you sign up for a Subscription, you will be guided through the process to create an Account for the management of your Subscription, including the creation of a password. Your Account will allow you to view, amend, access features of, or cancel your Subscription. You can also view your monthly invoices, and update your Personal Information or that of any Nominated Person.

1.5 You must not allow any other person to access your Account, including any Nominated Person, and you are solely responsible for any losses, costs or damages suffered or incurred by you, us or any other third party as a result of any third party access to your Account.

1.6 The Services available to you under your Subscription are:

  1. identity theft insurance;
  2. 24 hour helpline;
  3. dark web ID monitoring; and
  4. device security

1.7 There are three different Subscriptions available to you, depending on the number of persons that you nominate:

  1. Single Subscription – this will only apply to you;
  2. Couples Subscription – this applies to you and one other person over 18 that you nominate who lives at the same address as you; and
  3. Family Subscription – this applies to you, one other person over 18 that you nominate and all dependants under 18 who live at the same address as you that you nominate.

1.8 The number of persons that you nominate as part of your Subscription is subject to the fair use policy set out in clause 7.

2. Definitions

2.1 Unless the context otherwise requires, the following terms have the following meanings:

  • Account has the meaning set out in clause 1.4
  • Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.
  • Chubb means Chubb Insurance Australia Limited ABN 23 001 642 020, AFSL No. 239687 and/or one or more of its affiliates.
  • Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
  • Content has the meaning set out in clause 8.1.
  • Couples Subscription has the meaning set out in clause 1.7 b.
  • Due Date means the date that is 7 days after the issue date of the invoice.
  • End User Licence Agreement means the agreement available here.
  • Endpoint Security Software has the meaning as described in clause 6.1.
  • Family Subscription has the meaning set out in clause 1.7 c.
  • ID Monitoring has the meaning as described in clause 5.1.
  • idSafe Helpline has the meaning as described in clause 4.1.
  • idSafe means idSafe Pty Ltd ACN 619 617 435.
  • Insurance Contract means the contract of insurance governing the terms and conditions of the identity theft insurance service provided by Chubb under your Subscription described in clause 3.1, which is available here.
  • Intellectual Property Rights means all present and future patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property, in each case whether registered or unregistered.
  • Nominated Device means any device(s) belonging to you or a Nominated Person which is registered with idSafe as part of your use of the endpoint security service described in clause 6.1.
  • Nominated Identity Document means any identification document(s) (whether yours or that of a Nominated Person) which is registered with idSafe as part of your use of ID Monitoring described in clause 5.1.
  • Nominated Person means any permitted individuals that you have nominated as part of your Couples Subscription or Family Subscription.
  • Payment Notice means the notice that is issued by idSafe in the event that an invoice has not been paid by the Due Date.
  • Personal Information has the same meaning in the Commonwealth Privacy Act 1988 (Cth).
  • Privacy Policy means the policy available here.
  • Product Disclosure Statement means the Chubb statement which is available here.
  • Related Body Corporate has the same meaning in the Corporations Act 2001 (Cth).
  • Service means the services outlined in clause 1.6, both collectively and individually, depending on the context.
  • Single Subscription has the meaning set out in clause 1.7 a.
  • Subscription means the contract between you and idSafe in respect of the Services.
  • Term has the meaning as described in clause 12.1.
  • Third Party Provider means a party which provides, in whole or in part, any of the Services.

3. Identity Theft Insurance

3.1 Under your Subscription, you and any Nominated Person will be insured for certain expenses related to identity theft as set out in your Insurance Contract. For further information about what you are covered for and your policy limit, please refer to the Insurance Contract, which is available here.

3.2  Identity theft insurance is underwritten by Chubb. When you sign up for a Subscription with idSafe and your Subscription commences (as described in clause 12.1), you will be covered by identity theft insurance in accordance with the Insurance Contract. This coverage begins on and from the date that your Subscription commences.

3.3  If you suspect or become aware that you or any Nominated Person has suffered identity theft, in addition to any processes outlined in the Insurance Contract, you may contact us (details in clause 18.7) or the idSafe Helpline, as described in clause 4.

3.4  Any addition, removal or amendment of the details of any Nominated Identity Document or Nominated Device through your Account may have an impact on the policy limit. For further information, please refer to the Insurance Contract.

3.5  The information provided herein is merely a summary. Please refer to Chubb's Product Disclosure Statement, which is available here and your Insurance Contract which is available here for additional information about your insurance policy, including definitions, details of benefits, exclusions, terms, conditions and limitations of coverage.

4. 24 Hour Helpline

4.1 Under your Subscription, idSafe provides a 24/7 helpline, which is a worldwide telephone and email service providing advice about managing and responding to the risk of identity theft and other related risks (idSafe Helpline). You or any Nominated Person over the age of 18 may access the idSafe Helpline, provided that we are able to verify the identity of the person who is calling or sending the email.

4.2  While idSafe will endeavour to provide sound and helpful advice via its idSafe Helpline, we make no warranty that the service will be available without delay and to the extent permitted by law, but excluding any applicable Consumer Guarantees, we exclude all representations and warranties in relation to the suitability and effectiveness of the advice for your specific circumstances.

4.3  Your use of the idSafe Helpline is subject to the fair use policy set out in clause 7.1.

5. Dark Web ID Monitoring

5.1 Under your Subscription, idSafe provides a non-credit related identity monitoring and alert service for Nominated Identity Documents (ID Monitoring). idSafe monitors any findings on the dark web at least once in every 24 hour period to see if any information on the Nominated Identity Document is being traded or sold online. If idSafe becomes aware of any issue, we will send you an alert (in your preferred format) within 24 hours of first becoming aware of the issue.

5.2  Subject to these Terms and Conditions, you can add, remove, or amend the details of any Nominated Identity Document through your Account. Any such changes will take effect immediately.

5.3  You must advise idSafe of any changes to the Nominated Identity Documents, or the fact that they may have been lost or stolen, as soon as practicable after you become aware of these matters. We are not responsible for any loss or cost incurred by you if you fail to notify us of any changes to your Nominated Identity Documents.

5.4  If you add, remove or amend any Nominated Identity Document of a Nominated Person, you:

  1. will be solely responsible for all fees and obligations associated with such monitoring; and
  2. warrant that you are entitled to add, remove or amend the details of their identification documents.

5.5  While idSafe will endeavour to thoroughly monitor movements on the dark web, due to the complex and often time consuming nature of crawling the dark web, we make no warranty about the comprehensiveness of the monitoring (subject always to any applicable Consumer Guarantees). You are solely responsible for your acts or omissions once you receive an alert.

5.6  Your use of ID Monitoring is subject to the fair use policy set out in clause 7.

6. Endpoint Security

6.1  idSafe provides downloadable endpoint security software which you install onto your Nominated Devices to protect a central network that is accessed by the Nominated Device (Endpoint Security Software).

6.2  Subject to these Terms and Conditions, you can add, remove or amend the details of any Nominated Device through your Account.

6.3  You must advise idSafe of any changes in ownership of the Nominated Devices, or the fact that they may have been lost or stolen, as soon as practicable after you become aware of these matters.

6.4  If you add, remove or amend the details of any Nominated Device of a Nominated Person, you:

  1. will be solely responsible for all fees and obligations associated with such monitoring; and
  2. warrant that you are entitled to add, remove or amend the details of their devices.

6.5  The download, installation and use of the endpoint security software is subject to the End User Licence Agreement, which is available here.

6.6  Your use of Endpoint Security Software is subject to the fair use policy set out in clause 7.

7. Fair Use Policy

7.1  If at any time we consider that:

  1. the number of Nominated Persons, Nominated Identity Documents or Nominated Devices linked to your Subscription exceed what we would reasonably expect for your type of Subscription; or
  2. the amount of contact with the idSafe Helpline exceeds what we would reasonably expect in a given situation, we may at our sole discretion:
    1. contact you for further information about your Subscription or situation;
    2. amend your Subscription; or
    3. terminate your Subscription in accordance with clause 13.2.

8. idSafe Content

8.1  idSafe also operates accounts on various social media and other online content platforms. Such accounts may feature various forms of IDSafe-created content, including but not limited to written articles, infographics, and other information about us, our Services and topics of interest (Content).

8.2  To the extent that any Content consists of advice, it is merely general advice which neither considers your personal identity security circumstances nor your risk of being subject to identity theft. You use any Content at your own risk, and must make your own enquiries in relation to whether, and to what extent, such Content is applicable to you and/or any Nominated Person.

8.3  To the extent permitted by law, but excluding any Consumer Guarantees, idSafe excludes all representations and warranties in relation to the suitability and effectiveness of any advice provided as part of Content for your personal circumstances or those of any Nominated Person.

8.4  You must not use any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or in any way that interferes with another user's enjoyment of the platform, including but not limited to use that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another person's privacy, hateful, or racially, ethnically or otherwise objectionable.

9. Your Obligations

9.1  You are responsible for all fees and obligations associated with the Subscription and the Account, irrespective of the type of Subscription you have signed up to.

9.2  You must notify us as soon as practicable if:

  1. there are any changes to your Personal Information or the Personal Information of any Nominated Person;
  2. there are any changes in respect of any Nominated Identity Document or Nominated Device;
  3. you suspect or have reason to believe that there has been or might be unauthorised or fraudulent use of any Nominated Identity Document or Nominated Device or any other breach of your identification security or that of any Nominated Person; and
  4. you suspect or have reason to believe that a Nominated Identity Document or Nominated Device has been lost or stolen.

10. Subscription and Payment

10.1  To be eligible for a Subscription, you must permanently reside in Australia and be over the age of 18.

10.2  Under your Subscription, you will have access to all of the Services. Some of these Services may require you to comply with specific requirements in addition to those in your general Subscription, should you wish to use them.

10.3  All Subscriptions are annual, but fees will be payable monthly in advance by credit card.

10.4  The fee for your Subscription is calculated in accordance with the fee schedule, which is available on our pricing page.

10.5  You will be invoiced in advance for your Subscription on a monthly basis. Invoices must be paid in full on or before the Due Date. If an invoice is not paid in full within 7 days from the Due Date, we will send you a Payment Notice requiring full payment of the invoice within 14 days of the Payment Notice. If you fail to comply with the Payment Notice, we are entitled to terminate your Subscription without notice in accordance with clause 13.2.

10.6  You can change your payment information at any time in your Account settings. It is solely your responsibility to keep your payment information up to date, and you are solely responsible for any liability or costs that we suffer or incur if your payment information is not up to date.

11. Intellectual Property

11.1  The Intellectual Property Rights in all papers, records or other items which we create during our provision of the Services will be and remain the property of idSafe or its Third Party Providers.

12. Term and Renewal

12.1  Your Subscription will commence on the date of your first payment and continue for rolling 12 month periods, unless terminated in accordance with these Terms and Conditions (Term).

12.2  At least 14 days before your Subscription is due to expire, we will issue a Subscription renewal notice, which sets out:

  1. any changes to your Subscription fees for the following Term;
  2. an updated fee schedule for all our Services; and
  3. the method for renewal, amendment or cancellation of your Subscription.

12.3  Unless you notify us otherwise, your Subscription will be automatically renewed for a further Term and the monthly Subscription fees will continue to be payable by you.

13. Termination

13.1  You may terminate your Subscription at any time through your Account, in which case your Subscription will terminate at the end of the period for which you have made payment.

13.2  We may terminate your Subscription if:

  1. you fail to pay any amount due to us under these Terms and Conditions by the Due Date or otherwise in accordance with clause 10.5;
  2. you materially breach any provision of these Terms and Conditions;
  3. we consider it is reasonable to exercise our discretion in accordance with the fair use policy set out in clause 7;
  4. a Third Party Provider terminates or otherwise amends their agreement with us, either in whole or in part; or
  5. we experience circumstances beyond our reasonable control which affect our ability to provide the Services the subject of your Subscription, in which case your Subscription will terminate at the end of the period for which you have made payment.

13.3  Termination of the Insurance Contract for any reason will not affect the rights that you or any Nominated Person has in respect of any claim that arises prior to such termination.

13.4  We will only issue refunds to you if required by law.

13.5  Termination pursuant to this clause will not affect any rights or remedies which either party may have under these Terms and Conditions or at law.

13.6  Upon the termination of your Subscription your access to, and use of, the Services will terminate.

14. Variations

13.1  We reserve the right to amend these Terms and Conditions at any time by providing at least 30 days' written notice to you (Notice of Variation).

14.2  If you do not agree to be bound by the Notice of Variation, you may terminate your Subscription at any time through your Account.

14.3  If you do not terminate your Subscription through your Account within 30 days of the date of the Notice of Variation, you agree to be bound by the Terms and Conditions as varied for the remainder of the Term.

14.4  Notwithstanding anything contained in this clause, we do not need to notify you of variations to these Terms and Conditions which provide for additional types of subscriptions or services.

15. Warranties

15.1  In order for idSafe to provide the Services to you, you warrant that:

  1. you are over the age of 18 and have the capacity to be bound by these Terms and Conditions;
  2. you materially breach any provision of these Terms and Conditions;
  3. where you provide Personal Information (including information relating to identity documents or devices) on behalf of others, you are authorised to do so;
  4. you acknowledge and agree that idSafe may, as needed and in accordance with its Privacy Policy, request further information (whether Personal Information or otherwise) about you or any Nominated Person;
  5. you acknowledge and agree that you have not relied on any statement by us which has not been expressly included in these Terms and Conditions; and
  6. you acknowledge and agree that all advice and information provided by idSafe, whether in the form of Content, via the idSafe Helpline, or otherwise, is, to the extent permitted by law but excluding any applicable Consumer Guarantees, provided on an "as is" basis and you will assess and bear all risks associated with the use of any such advice and information, including any reliance on the suitability, completeness, or effectiveness of such content.

16. Limitation of Liability

16.1  Notwithstanding anything else in these Terms and Conditions, and to the extent permitted by law, we will not be liable to you or anyone else for any loss or damage arising:

  1. from or in connection with any Services provided or not provided by idSafe or its Third Party Providers;
  2. in connection with your reliance on any advice or information provided by idSafe or its Third Party Providers;
  3. as a result of you failing to comply with these Terms and Conditions;
  4. in connection with a change in the Services, or in the terms and conditions of services provided by a Third Party Provider that affects our ability to provide the Services to you;
  5. in connection with identification documents or devices which have not been nominated as part of your Subscription;
  6. in connection with our inability to provide a Service because any information that you have provided to us is not correct, up to date or complete, unless the incorrect or missing information is the result of our negligence;
  7. through you or another party disclosing security details to any third party other than for loss-reporting purposes; and
  8. in connection with any express or implied representations, conditions or warranties except those set out in these Terms and Conditions and those which cannot be excluded by law, including any applicable Consumer Guarantees.

16.2  To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur is limited to the annual amount that you have paid to us over the immediately preceding 12 month period.

16.3  You may have rights under the Australian Consumer Law, including the Consumer Guarantees, which cannot lawfully be excluded and nothing in these Terms and Conditions has the effect of excluding, restricting or modifying such rights and Consumer Guarantees. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to terminate your Subscription or recover compensation for any reduction in the value of the Services below the price paid or payable by you for a major failure of a Consumer Guarantee and recover damages for any other reasonably foreseeable loss or damage. You are also entitled to have the Services remedied if the failure to comply with the Consumer Guarantees is not a major failure. What constitutes a 'major failure' is set out in the Australian Consumer Law.

16.4  You indemnify us and hold us harmless against all liabilities, costs, losses, claims and expenses, including in tort, contract or negligence:

  1. which we may incur to a third party (including a Third Party Provider) as a result of your breach of any of the provisions of these Terms and Conditions; or
  2. arising out of or in relation to:
    1. your use, or the use by any Nominated Person of our Services;
    2. any failure to comply with a warranty you have given;
    3. any failure by you to comply with these Terms and Conditions; or
    4. any willful, negligent or unlawful act or omission by you, a Nominated Person or any third party who has access to your Account or any of the Services through you.

16.5  To the extent permitted by law, but subject always to clause 16.3:

  1. the Services are provided "as is";
  2. we do not guarantee, warrant or represent that the Services will meet your requirements or the requirements of a Nominated Person, be fit for purpose, or be free from, without limitation, interruption, loss, corruption, technologically harmful material, errors, or omissions; and
  3. we exclude all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) and the application or availability of any statutory rights.

16.6  To the extent permitted by applicable law, we will have no liability to you for any interruption, suspension, discontinuance or unavailability of the Services for any reason, or for any loss or inability to access any media or materials on the Services.

16.7  To the extent permitted by applicable law, and subject to clause 16.3, we will not be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss, damage or claim including loss of profits or data; loss of goodwill; damage to reputation; loss of revenue, contract, business or anticipated savings.

17. Privacy

17.1  You agree that we may use your Personal Information in accordance with our Privacy Policy, which is available here and is incorporated by reference into these Terms and Conditions.

18. General

18.1  Any disputes which arise between you and any third party are to be resolved solely between you and that third party.

18.2  These Terms and Conditions are governed by and are to be construed in accordance with the laws of New South Wales, Australia.

18.3  Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia in respect of any proceedings arising out of or in connection with these Terms and Conditions.

18.4  We will not be deemed to have waived any of our rights or remedies under these Terms and Conditions unless such waiver is in writing and signed by one of our authorised officers.

18.5  These Terms and Conditions (together with the End User Licence Agreement, if you use the Endpoint Security Software) constitute the entire agreement and understanding between the parties and supersede any and all prior communications, representations, agreements or understandings between the parties with respect to the subject matter of these Terms and Conditions.

18.6  If any provision of these Terms and Conditions is found to be invalid, void or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions.

18.7  If you have a complaint about our Services or your Subscription, please contact us on 1800 437 233 or at customerservice@idsafe.com.au. You must use good faith endeavours to resolve any dispute before commencing any form of litigation or legal proceedings against us.

18.8  These Terms and Conditions may be assigned or novated by us to a third party without your consent. In the event of an assignment or novation you will remain bound by these Terms and Conditions.

18.9  The use of "including", "such as" and similar words or phrases are not words or phrases of limitation.

18.10  No agency, partnership, joint venture, employee-employer or other similar relationship is created under these Terms and Conditions. In particular you have no authority to bind us, our related entities or affiliates in any way whatsoever.