idSafe Terms &
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
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
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
- identity theft insurance;
- 24 hour helpline;
- dark web ID monitoring; and
- device security
1.7 There are three different Subscriptions
available to you, depending on the number of persons that you nominate:
Single Subscription – this will
only apply to you;
Couples Subscription – this
applies to you and one other person over 18 that you nominate who lives at the same
address as you; and
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.
2.1 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
Chubb means Chubb Insurance
Australia Limited ABN 23 001 642 020, AFSL No. 239687 and/or one or more of its
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
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
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
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).
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 idDSafe 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
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
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
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
5.4 If you add, remove or amend any
Nominated Identity Document of a Nominated Person, you:
will be solely responsible for all fees and obligations associated with
such monitoring; and
warrant that you are entitled to add, remove or amend the details of their
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:
will be solely responsible for all fees and obligations associated with
such monitoring; and
warrant that you are entitled to add, remove or amend the details of their
6.5 The download, installation and use of
the endpoint security software is subject to the End User Licence Agreement, which is
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:
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
the amount of contact with the IDSafe Helpline exceeds what we would
reasonably expect in a given situation, we may at our sole discretion:
contact you for further information about your Subscription or
- amend your Subscription; or
- 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
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
there are any changes to your Personal Information or the Personal
Information of any Nominated Person;
there are any changes in respect of any Nominated Identity Document or
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
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
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:
- any changes to your Subscription fees for the following Term;
- an updated fee schedule for all our Services; and
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.
13.1 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:
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;
- you materially breach any provision of these Terms and Conditions;
we consider it is reasonable to exercise our discretion in accordance with
the fair use policy set out in clause 7;
a Third Party Provider terminates or otherwise amends their agreement with
us, either in whole or in part; or
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.
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.
15.1 In order for IDSafe to provide the
Services to you, you warrant that:
you are over the age of 18 and have the capacity to be bound by these Terms
- you materially breach any provision of these Terms and Conditions;
where you provide Personal Information (including information relating to
identity documents or devices) on behalf of others, you are authorised to do so;
you acknowledge and agree that IDSafe may, as needed and in accordance with
otherwise) about you or any Nominated Person;
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
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:
from or in connection with any Services provided or not provided by IDSafe
or its Third Party Providers;
in connection with your reliance on any advice or information provided by
IDSafe or its Third Party Providers;
- as a result of you failing to comply with these Terms and Conditions;
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;
in connection with identification documents or devices which have not been
nominated as part of your Subscription;
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;
through you or another party disclosing security details to any third party
other than for loss-reporting purposes; and
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
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
- arising out of or in relation to:
- your use, or the use by any Nominated Person of our Services;
- any failure to comply with a warranty you have given;
- any failure by you to comply with these Terms and Conditions; or
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
16.5 To the extent permitted by law, but
subject always to clause 16.3:
- the Services are provided "as is";
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
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.
17.1 You agree that we may use your Personal
incorporated by reference into these Terms and Conditions.
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 email@example.com. 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