1 Introducing the Truyu App

The Truyu App is designed for compatible Apple devices and Android devices.

A reference to the ‘Truyu App’ or ‘App’ will refer to Truyu iOS or Truyu Android Apps downloaded from the applicable App store and accessed locally on your device.

In order to use the Truyu App you will need to register using a valid email address and Australian mobile phone number.

These Truyu App Terms and Conditions govern your use of the Truyu App and your access to and use of the Services, together with the terms and conditions of your accounts used in connection with the Truyu App.

In this document, “we”, “us”, “our”, or “Truyu” means CBA New Digital Businesses Pty Ltd trading as Truyu App ABN 38 633 072 830. Truyu is a brand of CBA New Digital Businesses Pty Ltd ABN 38 633 072 830. CBA New Digital Businesses Pty Ltd is a wholly owned but non-guaranteed subsidiary of the Commonwealth Bank of Australia ABN 48 123 123 124. CBA New Digital Businesses Pty Ltd is not an Authorised Deposit-taking Institution for the purposes of the Banking Act 1959 and its obligations do not represent deposits or other liabilities of Commonwealth Bank of Australia.

1.1            Your contract with us

By entering your phone number and email and registering for the Truyu App, you confirm that you agree to be bound by these terms and conditions (Terms and Conditions), including that you agree to receive any terms and conditions from us electronically. If you do not wish to be bound by these Terms and Conditions you should not access the Truyu App and cease using it (including, by deleting your account in the App or sending us an email at contact@truyu.com.au, cancelling any ongoing subscription, and uninstalling the App) immediately.

Certain parts of the App or Services we make available may be subject to separate or additional terms. Your use of those parts of the App or Services constitutes your acceptance of those terms.

1.2 Accessing Truyu

To use the Truyu App, you will need to:

• be an individual;
• confirm that you are aged 18 years or over; and
• provide all information required by the App.

Unless expressly provided otherwise in these Terms and Conditions, if you register to use the Truyu App then you agree that:

• you will not use another person’s email address, identity or contact details to register for the Truyu App;
• you will not sell, transfer, or assign any rights you have in relation to the App or the Services, including sharing your access or information from the App or the Services with any other person;
• you are solely responsible for maintaining the confidentiality of your password (including where your fingerprint or facial image is used as your password), any secure codes and login information for restricting access to the device on which the App is used or installed;
• you will comply with any instructions or guidelines provided by or on behalf of Truyu;
• you are solely responsible for all activities that occur within the App (including where your fingerprint or facial image is used as your password), secure codes and login information, whether or not you authorise the activity;
• you will contact the team at contact@truyu.com.au to re-create your account if your device (which is tied to your registered account) is lost or changed;
• we will not be liable for any loss or damage that you or any third party suffer, howsoever caused, as a result of your failure to comply with your obligations in these Terms and Conditions;
• we may reject the use of any email address, phone number or password (including fingerprint functionality or facial recognition) to register for the Truyu App where we reasonably believe it necessary to protect your or our security; and
• we may reject the use of your fingerprint or facial image (through facial recognition identification) where we reasonably believe it necessary to protect your or our security.

1.3 Acceptable Use Policy

You may not use the App to engage in conduct that, in our opinion:

• is unlawful;
• interferes with any other person’s access to the Truyu App;
• poses a risk to the security or availability of our App or Services;
• interferes with our operation of the system;
• is defamatory, harassing or threatening to any person;
• promotes or encourages physical or mental harm of any person;
• promotes violence against any person; or
• threatens or promotes terrorism or money laundering.

In the event that you fail to comply with our Acceptable Use Policy terms as detailed in this clause above, Truyu may without notice and immediately or at any time:

• refuse to process or complete any request of yours; and/or
• suspend or discontinue your access to the App.

1.4 Provision of App and Truyu Services

By signing up and creating an account with us, you become a Truyu user. As a Truyu user, you will have access to the Truyu Services, including the Email Monitoring Service and Subscription Service subject to the conditions set out below.

1. Email Monitoring Service

The Email Monitoring Service that is provided to you via the App includes the ability to register and access to the Have I Been Pwned? (HIBP) Service which is supported by our third party service provider Superlative Enterprises Pty Ltd.

You may register up to five email addresses to query and monitor, on an ongoing basis, if these email addresses and any associated data have been comprised in Data Breaches captured by the Email Monitoring Service. Data Breaches are captured by the HIBP Service from public domain sources and make use of anonymised searches relying on unique hash values to help preserve privacy.

The Email Monitoring Service allows you to monitor or query email address, domains or hash prefixes for Data Breaches.

You acknowledge that:

• due to the nature of Data Breaches, the lead time between an incident being made public and the data appearing in our platform can vary significantly depending on the size, availability and the structure of the data; and
• Data Breaches are obtained and published on a “best effort” basis. We will endeavour to make Data Breaches available to you through the Email Monitoring Service as soon as reasonably possible after we become aware.

2. Subscription Service (ID Usage Alert Service & Credit File Alert Service)

If you would like to access our Subscription Service and get access to our ID Usage Alert Service and Credit File Alert Service, subject to the conditions below, you will need to successfully complete an external identity document verification service provided by GBG ANZ Pty Ltd (GBG), our Third Party Service Provider (defined below) and using “GreenID” technology provided by GBG ANZ PTY LTD. GBG will use “GreenID” technology to match your identification documents (eg, Australian Driver’s Licence or Australian Passport) with biometric data that you will provide to GBG for the purpose of verifying your identity with the Australian Government’s Document Verification Service.

For extra support, we may refer you to IDCARE for additional assistance. IDCARE are an identity and cyber support service, who can provide additional support and guidance in responding to alerts. Your access and use of any guidance or service provided by IDCARE is strictly subject to your contract with IDCARE. We do not endorse or warrant IDCARE products or services.

The Truyu Services are designed with use of the Truyu App in mind. However, if we suspend or terminate the Truyu App in accordance with these Terms and Conditions, or if you choose to no longer use the Truyu App, you will no longer be able to use the Truyu Services, including the Subscription Service.

ID Usage Alert Service

Upon GBG confirming a successful completion of verification and completion of your subscription account, you will have access to our ID Usage Alert Service. The ID Usage Alert Service will tell you if GBG has informed us that your first name, last name and date of birth have been used for an online identity check at Australian merchants (Merchants) that run Identity checks using the Australian Government’s Document Verification Service (DVS) or alternative sources and that are onboarded by GBG to provide the relevant information to GBG. As part of the ID Usage Alert Service, you are also requesting a history of up to 180 days of ID usage that has been recorded by GBG prior to the commencement date of your Subscription Service.

An ID Usage Alert contains the following data regarding the identity check:

• merchant type/category;
• merchant name (eg, which Merchant raises an alert that your name and date of birth has been used for an identity check) unless the name is not provided to us;
• document type;
• date and time it was used; and
• merchant remediation link where available.

In relation to the ID Usage Alert Service, please note:

• This Service is not comprehensive and by no means representative of all of available Merchants in the Australian Market. Merchant coverage of the ID Usage Alert Service will vary and is limited to the merchants that are onboarded by GBG to provide the relevant information to GBG. Importantly, an identity check may be conducted at a merchant that is not covered by GBG and this would not be picked up by the ID Usage Alert Service and you will not receive an alert.
• This is a new service utilising external technology that is now passed through to you to enable you to understand where your identity is being used at a Merchant that is onboarded by GBG to provide the relevant information to GBG.
• You are required to take any necessary action as a result of an ID Usage Alert. We are not responsible for taking any further action on your behalf to notify anyone, including but not limited to any relevant organisation / merchant, law enforcement or anyone else.
• The ID Usage Alert service will enrol you for monitoring based on usage of your first name, last name and date of birth at participating merchants. This means that there is a risk that you may be given a false match based on someone else with the same full name or date of birth.
• Please ensure that notifications are enabled for the Truyu app. If you have notifications disabled, you may only receive these alerts via email.

Credit File Alert Service

Following a successful verification, completion of your subscription account and successful record matching with Experian, you will have access to our Credit File Alert Service, provided you are eligible. 

Truyu alerts you when an enquiry is made on your Experian credit file. This service is powered by data from credit reporting body Experian regarding certain credit reporting information held by Experian. This information is delivered through the App. You acknowledge and agree that you must consider any notices or alerts you receive through the App and respond appropriately. 

Once you have successfully activated your Credit File Alert Service, we will, unless you tell us otherwise, send you ongoing notifications relating to your credit file including:

• new credit file enquiries; and
• new account openings.

See the section titled "Appointment as access seeker" below for further information, including how you can withdraw your consent for us to act on your behalf as an access seeker. 

Before you act on any notification, we recommend you check the information (e.g. by reviewing a current Credit Report). You may request a free copy of your consumer credit report from a credit reporting body once every three months, as well as when you’ve been refused credit within the past 90 days, or your credit-related personal information has been corrected. 

We reserve the right to suspend, change or discontinue notifications at any time for our legitimate business purposes, including for security purposes or where our notifications do not align with our operational requirements for the App. Notifications do not affect your obligation to comply with the terms applicable to the Service (including these Terms of Use). 

3. Appointment as access seeker

By becoming a subscriber with us, successfully completing your identity authentication, and agreeing to the relevant consent, you consent and authorise us to act as your agent and ‘access seeker’ for the purposes of the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2024 (Cth), to request Experian to provide us (as your agent) with certain credit reporting information on your behalf, to deliver updates on changes to your credit report, as part of our broader offering. 

This authority continues until such time as your subscription ends (which may include any promotional / trial period and grace period, as applicable). 

If you wish to manually revoke your access seeker authorisation prior to the expiry of your subscription, you may do so at any time by deleting your account in the App, or sending us an email at contact@truyu.com.au. Withdrawing this authorisation will mean that we are no longer able to offer the Credit File Alert Service. 

You have a right to obtain your credit reporting information free of charge in certain circumstances (detailed in the section on Credit File Alerts above). To request access to a copy of your full Experian Credit Report, please contact Experian directly at www.experian.com.au.

‍1.5 Disclaimer

The Truyu Services (including any Content) is reliant on input, data, information, technology, services and support (Third Party Services) provided by our external contractors (Third Party Service Providers) (including but not limited to Superlative Enterprises Pty Ltd, GBG ANZ PTY LTD (GBG) and Experian). Truyu does not specifically investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of data or information provided by you directly to our Third Party Service Providers.

To the extent permitted by law, we do not:

• warrant the availability, accuracy, adequacy or completeness of the Content and you should not rely on the Content as being accurate, error-free complete or up-to-date. We recommend double checking all details provided to you as part of the Truyu Service before taking any further action, and you should take your own measures to protect yourself from potential harm; and
• guarantee that access to the App and Services will be uninterrupted, timely or secure, or that it will always operate as intended, and we accept no responsibility in that regard.

To the extent permitted by law and except to the extent that any loss or damage suffered by you is not caused by the fraud, negligence, mistake or wilful misconduct of us, Truyu will not be responsible, liable or held to be in breach of these Terms and Conditions for:

• any part of the Truyu Services that relies on Third Party Services;
• changes to, or discontinuance of any part of the App or the Services if caused by, or contributed to, by the termination, discontinuance, or withdrawal of a Third Party Service Provider or a customer or subcontractor of a Third Party Service Provider; or
• any unavailability of, or errors or omissions associated with, the App or Service, or for any loss or damage incurred as a result of the use of the App or Service to the extent caused by, or contributed to, by our Third Party Service Providers or any Third Party Services.

You acknowledge that we do not intend to provide any legal, financial, taxation, accounting or other professional advice. The App and Service do not contain any advice that has been tailored for you or your circumstances. Any advice on the App and Service or contained in any content on the App and Service is general advice only. We make no warranty as to the form, content or appropriateness of the App and Service for you and recommend that you seek legal, financial, accounting and other professional advice in connection with your use of and reliance on the App and Service.

2 Using the Truyu App

Unless otherwise stated in these Terms and Conditions, and to the extent permitted by law, you are responsible for the acts and omissions of all users of or individuals who otherwise access your login, account or related Truyu information, including any person you authorise to act for you. All communications and acceptances received by us through the Truyu App from any person using this Truyu App and your email address or other log-in information are deemed to be authorised by you, unless you can prove that you did not authorise the person and that:

• without your knowledge your device has been taken over by use of malware despite you having up to date antivirus, antimalware and firewall software installed on your device; and/or
• the person gained access to your Truyu account without your approval despite you taking all reasonable precautions to prevent such access; and you did not unreasonably delay in reporting to us the compromise or loss of your device, or that the security of a secure code or method of obtaining a secure code (being the email account and mobile phone number you have registered with Truyu to which you will receive secure codes) has been breached.

3 Communications with you

We may send you notifications via a push notification service or other reminder mechanism, via email, or via SMS.

Push notifications or alerts will be sent to any compatible Apple or Android device on which (a) you have installed the Truyu App, (b) you have push notifications enabled, and (c) where the device is associated with your mobile number (including for wearables if that becomes an option).

Depending on your device settings, notifications may be seen by other people (including unauthorised persons) who are able to see your device or any linked peripheral devices (for example, a smart watch). Please check the notifications settings on all your devices to ensure the privacy and notifications settings are appropriate for your use.

Notifications may include:

• secure code information;
• account alerts;
• security and service alerts;
• alerts when new versions or upgrades are available; and
• messages from our staff.

You agree to receive notifications and acknowledge that their delivery may be subject to the quality of your connection and the accuracy of the contact details you have provided. It is your responsibility to check any notification information before acting on it. All notifications will be sent to you and managed in accordance with our Privacy Policy. We reserve the right to suspend, change or discontinue notifications at any time for our legitimate business purposes, including for security purposes. Notifications do not affect your obligation to comply with the terms applicable to any products and services you use via the Truyu App.

Sending you marketing and commercial messages

Sending you marketing and commercial messages

This clause relates to the marketing and commercial electronic messages we may send you.  

If you provide us with your contact details, (such as your email, telephone number) and other personal information, you agree that we may use them to communicate with you (unless you tell us not to), including:

• to send you commercial electronic messages;
• for direct marketing purposes; and
• to make phone calls to you on an ongoing basis.  

By registering for online services or accessing the Truyu app, you also agree that (unless you tell us not to) we may send you commercial electronic messages and/or direct marketing through these online services and apps (including push notifications, in-app messages and notifications).

If you use a virtual assistant that is available in our online services or app, you agree that the virtual assistant may send you commercial electronic messages or direct marketing in its responses to the prompts you submit to the assistant. 

We may use third party service providers such as marketing companies or mail houses to send messages on our behalf for direct marketing purposes. You agree that (unless you tell us not to) we may share your personal information with marketing companies or mail houses so they can send you direct marketing messages on our behalf.

Changing your preferences

We will provide you with options you may use to opt out of receiving commercial electronic messages we send you and to choose the way we send them to you.  While in some cases one of the options may be an unsubscribe facility, you agree we are not required to include an unsubscribe facility in commercial electronic messages we send you.

Opting out of commercial electronic messages may impact our ability to provide you with information about all the benefits that are available as our customer. There are, however, messages that we must be able to send you and which you will not be able to opt out of receiving. 

4 Using fingerprint functionality

If you have the Truyu App installed on a device that has compatible fingerprint functionality available, you may be able to turn on fingerprint access for the Truyu App. Turning on fingerprint access for the Truyu App means that you can access the App using your fingerprint instead of entering a secure code. For certain transactions on the Truyu App you may be prompted to enter a secure code as an additional security measure.

You must not turn on fingerprint access for the Truyu App if you have any fingerprints stored on any device other than your own. If, after turning on fingerprint access, you allow other people to use their fingerprints on your device, you must first turn off fingerprint access for the Truyu App.

If you do allow anyone else’s fingerprints to be stored on your device (despite this being against these Terms and Conditions):

• they’ll be able to access your accounts and considered authorised to do so; and
• to the extent permitted by law, you will be responsible for their actions.

If you, or someone else, changes the fingerprint settings on your device, as a security measure, fingerprint access may be disabled for the Truyu App and you will be prompted to enter a secure code to log on to the Truyu App. Only re-enable fingerprint access if you are sure the changes made to your fingerprint settings on your device were made by you.

Fingerprint functionality is technology you may choose to use if it is available on your device and has been enabled by you on your device. Fingerprint functionality is provided by third parties (like Apple) and accordingly, to the extent permitted by law, we are not responsible:

• for any malfunction in fingerprint functionality;
• if those third parties make any changes to their fingerprint technology that impacts the way you access the App.

You will still be able to access the Truyu App using a secure code.

If you choose to use fingerprint access for the Truyu App, you will still need access to your email address and mobile phone number to receive secure codes. You must protect your email address and mobile phone number in the manner outlined in these Terms and Conditions.

5 Using facial recognition to authenticate to the Truyu App

If you have the Truyu App installed on a device that has compatible facial recognition available, you may be able to turn on facial recognition access for the Truyu App. Turning on facial recognition for the Truyu App means that you can access the App using facial recognition instead entering a secure code. For certain transactions on the Truyu App you may be prompted to enter a secure code as an additional security measure.

You must not turn on facial recognition access for the Truyu App if the facial image stored on your phone is not your own. If, after turning on facial recognition, you allow other people to store their face on your device, you must first turn off facial recognition access for the Truyu App.

If you do allow anyone else’s face to be stored on your device (despite this being against these Terms and Conditions):

• they’ll be able to access your accounts and considered authorised to do so; and
• to the extent permitted by law, you will be responsible for their transactions.

If you, or someone else, changes the facial recognition settings on your device, as a security measure, facial recognition may be disabled for the Truyu App and you will be prompted to enter a secure code to log on to the Truyu App. Only re-enable facial recognition if you are sure the changes made to your facial recognition settings on your device were made by you.

Facial recognition is technology you may choose to use if it is available on your device and has been enabled by you on your device. Facial recognition technology is provided by third parties (such as Apple) and accordingly, to the extent permitted by law, we are not responsible:

• for any malfunction in facial recognition; and
• if those third parties make any changes to their facial recognition technology that impact the way you access the App.

You will still be able to access the Truyu App using a secure code.

If you choose to use facial recognition access for the Truyu App, you will still need access to your email address and mobile phone number to receive secure codes. You must protect your email address and mobile phone number in the manner outlined in these Terms and Conditions.

6 Protecting against unauthorised access

‍6.1 Secure codes

‍When you register for the Truyu App, you will enter and verify your email address and mobile phone number. This email address and mobile phone number will be used by Truyu to send you secure codes, which will allow you to access the Truyu App or perform other operations in the App.

You can update your email address and mobile number by contacting us at contact@truyu.com.au or in the Truyu App if that functionality is made available to you. Your update of these details may be subject to your ability to verify the existing email address and mobile phone number with a secure code.

You are responsible for ensuring your email address and mobile phone number are entered correctly in the Truyu App and kept up to date.

Entering a secure code into the Truyu App incorrectly too many times may result in your access being suspended. If this occurs you will not be able to log in using the Truyu App, and you will need to contact Truyu to regain access.

In certain scenarios we may require additional verification of log in details or identity.

‍6.2 Protecting secure codes

‍You must ensure only you have access to:

• your device;
• emails sent to your registered email addresses; and
• text messages sent to your registered mobile phone number.

You must never share or let anyone view a secure code – not even family or friends.
‍6.3 Things you must do

Things you should do are included below.

• lock your device and take any reasonable steps to stop unauthorised use of the Truyu App and disclosure of your account details;
• if your device is lost or stolen, notify us immediately;
• if you suspect your secure codes have been accessed or are accessible by someone else, notify us immediately;
• if you suspect the security of one or more methods of obtaining secure codes has been breached, notify us immediately; and
• only install approved applications on your device from a known and reputable app store provider.

‍6.4 Things you must never do

You must not:

• allow another person to use your device or Truyu login;
• leave your device unattended; and/or
• use the Truyu App with a device that is not compatible with the Truyu App.

‍7 Your obligations

You must:

• only use the App for the purpose of receiving the Truyu Services and not for any other purpose;
• comply with Truyu’s reasonable instructions and guidelines relating to security requirements from time to time;
• not copy, disable, interfere with or make any unauthorised use of any security device or protocol provided by Truyu;
• ensure that you do not share your log in identifications or passwords, or any other confidential codes provided to you through the App with other persons;
• ensure that all devices used to access the App have up to date anti-virus software installed and operating; and
• keep all passwords, secure codes, account names or log in identifications required to access the App secure and confidential.

You understand and agree that it is your responsibility to evaluate notifications or alerts received via the App and take the appropriate action.

You must not, either yourself or allow on your behalf any agent or third party to:

• misrepresent yourself or disguise the origin of data submitted through the Truyu Services;
• access the Truyu Services through any means other than publicly supported interfaces like Truyu’s web application, Truyu’s mobile application or other Truyu-designated channels;
• add a large data load on the Truyu Services that consumes extraordinary resources (examples of which include your use of robots, spiders, and automated systems that send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser); and/or
• submit data through the Truyu Service that: (a) infringes a third party’s IP rights; and/or (b) contains viruses, bots, worms, scripting exploits or similar materials.
• copy any aspect of the App and the Services other than in the ordinary course of the operation, use, or receipt the Truyu Services under these Terms and Conditions;
• subject to applicable law, decompile, disassemble, or otherwise reverse engineer any aspect of the App or its associated services or determine any source code, algorithms, methods or techniques used or embodied in the App;
• without Truyu’s prior written consent, modify, translate, adapt or otherwise create derivative works based upon, the App or its associated services;
• copy ideas, features, functions or graphics of the App for use in another product or service;
• use the App directly or indirectly for any activity or upload, store or transmit any data, information or material unlawfully or which prevents any other customer from accessing, using or enjoying the App;
• attempt to gain unauthorised access to the App and associated Services or any part thereof, or use another person’s name, registration account, log in identification, secure code or password;
• knowingly introduce or transmit any malicious code or other disabling feature to or from the App;
• remove, disable or modify any security, anti-virus or other software on the App;
• attempt to gain access to any data or information within or through the App, other than the customer’s data;
• use the App and associated Services in whole or in part to provide any third party with data obtained in connection with these Terms and Conditions, unless expressly agreed in writing by Truyu;
• remove any intellectual property ownership or management information appearing in any part of your device or the App and/or associated Truyu services; and/or
• otherwise use the Services unlawfully.

‍8 Usage and monitoring

In addition to any monitoring rights provided to us under your separate Apple store and Google Play store terms and conditions that you have agreed separately with Apple and/or Google (as applicable), you understand and agree that Truyu may monitor and measure access to and use of the App and Services by you for the purpose of ensuring:

• compliance with these Terms and Conditions; and
• technical efficiency or security of the App and Truyu Services.
• Correctness of billing and subscription information

‍9 Warranties

9.1 General

To the extent permitted by law, Truyu does not warrant that the App or Truyu Services will meet any particular customer requirements or that their operation will be entirely error-free or that all defects are capable of correction or improvement.

Subject to any implied term, condition or warranty imposed by the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) as amended and/or under similar state legislation, all other warranties including any implied warranties of merchantability, satisfactory quality or fitness for purpose or ability to achieve a particular result are hereby excluded.

The App and Services are provided "as-is" and as available. To the extent permitted by law, we will not be held liable or provide any warranty for any error, bugs, conflicts, unavailability or incompatibilities which arise from any out of date or unsupported versions of browser software. In particular:

i)                    while we endeavour to provide a convenient and functional App and Services, we do not guarantee that:

A.     the information and materials found or offered on the App and Services will be suitable for your particular purposes; or

B.     your use of the App and Services will be uninterrupted, error free or that the App and Services is free of viruses or other harmful components;

ii)                  the App and Services may, from time to time, be unavailable due to scheduled maintenance, system or software updates, upgrades, or changes and operational procedures; and

iii)                we are not responsible for any loss, corruption or interception of data sent to or from the App and Services which occurs outside of our computer systems (such as those which occur while being sent over the internet)

9.2 Consumer Guarantees

Truyu Services come with Consumer Guarantees that cannot be excluded under Australian Consumer Law. For major failures with the Services, you are entitled to cancel the Services (and delete the App). Under Australian Consumer Law, you are also entitled to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

9.3 Confidential and up-to-date information

Subject to our requirements by law, and any other terms and conditions you agree with us, we take all reasonable steps to ensure that the information available through the App is correct and updated regularly.

Please refer to our Privacy Policy for how we will handle and protect your account information.

‍10 Intellectual Property

You agree that you:

• do not have any right, title or interest in or to any proprietary rights relating to the information contained in the App excluding any proprietary information you provide to us in the App, which is subject to the licence terms set out in clause 12 (Licence); and
• will not reproduce information obtained by using the App, except where such reproduction is for your own personal non-commercial use in accordance with these Terms and Conditions.

‍11 Limitations

Nothing in these terms

·                excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any law or legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law (defined in clause 9.1 above) which contains Consumer Guarantees that protect the purchasers of goods and services in certain circumstances; and

·                restricts your right to terminate under clause 15.3 (Suspension or Termination).

Subject to the implied or imposed matters set out in the paragraph above (including applicable Consumer Guarantees), to the extent permitted by law:

·                our liability to you for any claims under or relating to these App Terms and Conditions or arising in connection with your use of the App (including where the App is unavailable), whether in contract, tort (including negligence) or on any other basis, is limited to the supply of the Services again; and

·                Truyu will not be liable under these Terms and Conditions for any indirect, special or consequential losses (including loss of profits, actual or anticipated revenue, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the App or the Service by you), except to the extent that any loss or damage is caused by the fraud, negligence, mistake or wilful misconduct of us, our employees or agents.

Truyu will not be responsible, liable or held to be in breach of these Terms and Conditions for any failure to perform its obligations under these Terms and Conditions or otherwise, to the extent such failure is attributable to:

·         you failing to comply with your obligations under these Terms and Conditions (including your compliance with any law);

·         negligence, errors, fraud or other misconduct by you; and/or

·         any event or matter beyond our reasonable control.

You understand that the Truyu Services depend on access to the internet to operate. Where internet activity is lost or limited, the Truyu Services may be downgraded or rendered unavailable.

‍12 Licence

Subject to these Terms and Conditions, while you are a registered user of the App, Truyu grants you a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use for the sole purpose of accessing and receiving the Services.

Any use of the App (in whole or part) in any other manner, including but not limited to, resale, transfer, modification or distribution of the App is prohibited.

To the extent that you have any proprietary rights in the data captured in connection with your use of the Truyu Services, you grant to Truyu a non-exclusive, worldwide, royalty free licence to:

• collect, host, copy, transmit, display and store; and
• disclose and provide access to,

such data as necessary for Truyu to provide the Truyu Services in accordance with these Terms and Conditions.

‍13 Making a complaint

If there’s something we can improve, or you’re not satisfied with our products, services, people, or complaint handling process, it’s important we hear about it so we can make things right.

We will take your complaint seriously, work with you to address your complaint, and try to find a solution that’s fair and reasonable.

You can make a complaint by emailing us at contact@truyu.com.au.

What happens when you make a complaint? ‍

When you make a complaint, we will:

• acknowledge your complaint; and
• assess the information and work with you to find a reasonable outcome.

The App is not provided by Apple, Google or any other third party distributor. Accordingly, any queries or complaints regarding the App (including but not limited to issues relating to intellectual property) should be directed to us. This condition applies for the benefit of Apple, Google and any other third party distributor.

‍14 Your information

Truyu collects and stores information when you download, install and use the App, and register for and login to use the App and the Services accessed via the App.

You must give us accurate and complete information. Otherwise, you may be breaking the law and we may not be able to provide you with the services you require. If you change your personal details (for example, name or email address), you must tell us straight away.

Our collection, storage and use of your personal information is governed by our Privacy Policy, which can be viewed by https://www.truyu.com.au/privacy-policy

Our policy includes information about:

• the ways we may collect, use or exchange your information;
• how you may access and seek correction of the information; and
• how to make a complaint about a breach of your privacy rights, and our complaint handling procedures.

For privacy related enquiries, please contact us using the contact details set out in our Privacy Policy.

‍15 Other things you should know

‍15.1 Accessing the Truyu App from more than one device.

For security reasons, Truyu limits the number of devices you can use to install and register to the Truyu App. You may only install and use Truyu App on a single device. If you wish to use Truyu on a different device, please delete your account within the App, the App itself, then re-register from the new device.

If you are unable to and need help to seek to de-register the App from a device, you should delete the App and contact us through contact@truyu.com.au. Note that we will not provide support for a device, and we will not provide customer information over the phone.

‍‍15.2 Fees

If you accept fee-based Subscription Services, you agree to additional terms governing all such purchases as provided to you or posted on the Services to which they apply, including all requirements to pay all applicable fees and taxes and your separate Apple store and Google Play store terms and conditions that you have agreed separately with Apple and/or Google (as applicable).

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google (as the case may be), and Apple or Google will refund any Fees paid by you for any fee-based Subscription Services. We do not provide price protection or refunds in the event of a price drop or promotional offering.

We may offer trial subscriptions to paid Services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions will automatically become paying subscriptions at the current subscription rate if you do not cancel before the end of the promotional / trial period. We may, in our sole discretion, decide to vary or extend any trial subscription (including promotional / trial period) or other promotion.

If you decide to sign up to our Subscription Service, fees may apply. You must pay us the fees and charges that apply in connection with your use of any fee-based Subscription Service. Details on the Truyu subscription fees is also available on the Truyu website. Fees associated with your subscription may also be presented to you when you request to sign-up to Truyu’s fee-based Subscription service.

You can choose to cancel your subscription at any time, via the Apple App Store and Google Play Store, and will continue to receive the full Service, until the end of your current subscription (which may include any promotional / trial period and grace period, as applicable).

You may incur charges from your mobile service provider for downloading (if applicable) and using the Truyu App, including using the internet or making phone calls to us from within the Truyu App.

We reserve the right to change the pricing (and/or the way the pricing is calculated) of any relevant Services at any time. In the event of a price change, we will notify you of any changes to the fee at least 30 days prior to any change taking effect.

We will post the new pricing on the Truyu website, in the Truyu App and notify you by sending an email to the address you have registered.

Your continued use of the Service following this notice period will be taken as your acceptance of the updated fees. If you no longer wish to receive the Service, you may cancel your Truyu Service at any time by deleting your account in the App, or emailing contact@truyu.com.au.

All payments and subscriptions, including the commitment to any trial subscription, are managed through Apple App Store and Google Play Store subscription management. Billing for all Subscription services will be governed by associated additional end-user license terms for your use of the Apple App Store and Google Play Store. Please refer to Schedule A for further information.

By signing up to our fee-based Subscription Service through Apple App Store or Google Play Store, with your chosen payment method, you authorise Us to use that payment method to process your fees. Fees are automatically charged each month on the date based on your sign-up anniversary date, using the payment method nominated by you. Please keep your payment method details up to date.

Fees are in AUD and exclude GST unless otherwise specified. Truyu, Apple or Google will contact you if we are unable to process payment for the fees. If fees associated with your Subscription Service have been unpaid for a period of 30 days, we may, at our option, terminate or suspend your access to the App or Service immediately by notice in writing to you.

If you think a transaction is unauthorised or is otherwise incorrect, please get in touch with us immediately via contact@truyu.com.au and provide us as much information as you can about the relevant transaction so we can investigate further.  There are specific circumstances and time frames where we can claim a refund in connection with a disputed transaction. This means that our ability to investigate a disputed transaction is limited to the time frames imposed by payment service providers and schemes that we deal with, so it is important to let us know as soon as possible after you become aware of a disputed transaction.

Where you make a mistake when making a payment, we will try to reverse the transaction and retrieve your funds. However, if we can’t reverse the transaction, we are not responsible, and you will be liable for the mistaken payment.

15.3 Suspension or termination

Despite any right contained in these Terms and Conditions, in the event that you appear to be a Proscribed Person, we may immediately refuse to provide Services and suspend or terminate your access or use of the Truyu App.

In addition, we can suspend or terminate access to the Truyu App if:

• we reasonably think you are using the Truyu App in connection with unlawful means including fraudulently or in a way that might cause you or us to lose money;
• we reasonably think you have engaged in illegal, fraudulent, deceptive or dishonest conduct;
• we consider doing so is reasonably necessary, including to comply with laws in Australia or overseas, or to manage regulatory risk;
• we detect or suspect unusual activity which may be the result of malware or a virus, ID takeover or phishing, in which case we reserve the right to withhold access to the App where we continue to detect malware or a virus, or you refuse to follow our recommendations provided to you to assist with the removal of malware and/or viruses from your computer or device;
• we consider doing so is reasonably necessary to manage our compliance with international laws and our regulatory risks; and/or
• you are accessing the App within sanctioned countries (a list of the sanctioned countries can be found at commbank.com.au).

In each of the circumstances above, we may, for security or legitimate business purposes (including where required by law), suspend or terminate without notice where reasonably required. 

We may also suspend or terminate the provision of the Truyu App where we reasonably believe to do so protects our legitimate business interests or where we believe you are in breach of any Terms and Conditions under this App.

When we do this, we will:

• provide you with as much prior notice as is reasonable in the circumstances; and
• act fairly and reasonably towards you in a consistent and ethical manner.

In doing so we will also consider your conduct, our conduct and the products and/or services that are being used.

If you seek to terminate use of the Truyu App

To terminate use of the Truyu App you may delete your registration by going to “Delete account...” on the Settings screen, which will end all monitoring and withdraw your consent for Truyu to act as an access seeker on your behalf. No partial refunds will be provided for users who delete their Truyu account during a billing cycle.

If you terminate or suspend use of the Truyu App, these Terms and Conditions will remain in effect to the extent such Terms and Conditions are intended to survive, and we both will remain bound by them to the extent applicable.

If we terminate or suspend access to the Truyu App:

• these Terms and Conditions will remain in effect to the extent such Terms and Conditions are intended to survive, and we both will remain bound by them to the extent applicable, except that your right to access or use the App will terminate or be suspended; and
• you acknowledge that your personal settings and other saved data may be lost on termination or withdrawal of access to the App or any of its features, and that we are not responsible for any such loss where we have acted in accordance with these Terms and Conditions.

15.4 Availability and Functionality

We may change or update the App at any time, including to add functionality or for security purposes. We will provide notice of any change which we reasonably believe will detrimentally impact your use of the App in a material way, and you will always have the right to terminate or suspend your use of the App as set out in clause 15.3 (Suspension or Termination). We’ll also keep you informed of new modifications or any services we intend to replace or discontinue. In the case of new modifications or replaced or discontinued services, you may need to download and install a new version of the App in order to keep using it.

Without limiting the above, you acknowledge that we also have the right to vary, discontinue or cease offering any aspect of the Truyu Service or App without any prior notice to you, where reasonably required for our legitimate business interests, including for security purposes.

If you become aware of any problems with the functionality, availability or security of the data or the App, please contact us at contact@truyu.com.au.

15.5       Changes to these Terms and Conditions

We may change these Truyu App Terms and Conditions at any time if we deem such a change reasonable and necessary for our legitimate business interests (including for security purposes). We will give you reasonable advance notice as applicable in the circumstances of any material changes (which are changes that have a reasonably material impact to the Truyu Services and/or our App’s functionality) in accordance with clause 3 (Communications with you) and clause 15.6 (Notices Generally).

Your continued use of the App after any such variation or modification will be taken to be an acceptance of such variation or modification. We may however also require you to confirm your acceptance of changes to continue using the Truyu App. In all cases, if we make a change that you are not happy with, you may cease using and uninstall the Truyu App.

‍15.6 Notices Generally

We may provide notices to you through push notification to your device or by sending you an email or SMS to the details that you have registered with.

You should check your emails/text messages/push notifications regularly and update your contact details if they have changed.

Notices given electronically are taken to be received by you when the communication enters the first information system outside Truyu (e.g. the server of your internet or telecommunications service provider or the host of your email address).

‍15.7 Services information

You may be able to access information about our Truyu Services via the Truyu App. You acknowledge that it is your responsibility to assess the appropriateness of any service in light of your personal objectives, financial situation or needs, and, if necessary, seek appropriate professional advice. The provision of Truyu Services is not and should not be seen as the provision of general or personal financial advice.

‍15.8 Acknowledgement and compliance

The Truyu App is not provided by Apple, Google or any other third party provider. Accordingly, any queries or complaints regarding the App (including but not limited to issues regarding intellectual property, maintenance and support, etc) should be directed to us.

The foregoing applies for the benefit of these third party providers. You also acknowledge the application of Australian anti-money laundering and counter terrorism financing regulations, and agree that you are not in a location that is subject to a government embargo.

Apple, the Apple logo, Apple Pay, Apple Watch, MacBook Pro, iPad and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries.

‍Google, Google Play and the Google and Google Play logos are trademarks of Google registered in the U.S. and other countries.

15.9 Collecting device and network information

You acknowledge and agree that we will collect information about your device and network connectivity for security purposes, including:

• device characteristics and unique identifiers;
• cellular and WiFi network names and encryption levels; and
• IP addresses.

‍15.10 Software licences

We use software from various vendors to provide this App. Where we are required to display the relating licence terms and conditions, you can find these terms and conditions in the Truyu App.

‍15.11 Security and compatibility - Android

This clause applies to Android devices only, and only if the App is available for download to Android devices.

To assist with the security and compatibility of the Android environment in which the Truyu App runs on your device, certain information relating to your device may be shared with Google for analysis via Google’s Safety Net Attestation API, for example, device and Application data and the results of integrity checks. You agree to comply with the Google APIs Terms of Service and SafetyNet Attestation API which you can access on Google’s webApp and Services.

This paragraph applies to Android devices only if the App is available for download to Android devices. To assist with the security and compatibility of the Android environment in which this App runs on your device, certain information relating to your device may be shared with Google for analysis via Google’s Safety Net Attestation API, for example, device and Application data and the results of integrity checks. In addition to your agreement to comply with the Google Play Terms of Service, by using this App, you agree with the Google APIs Terms of Service and SafetyNet Attestation API, which you can access on Google’s webApp and Services.‍

15.12 Severability

If any provision or part of any provision of these Terms and Conditions is deemed invalid, this will not affect the validity of the remaining provisions or part the remaining part of the affected provision of these Terms and Conditions, which will remain in full force and effect.

‍15.13 Waiver

A failure by Truyu to assert any right under these Terms and Conditions will not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term.

15.14 Assignment

Truyu can assign or otherwise transfer any of its rights under these Terms and Conditions at any time if we provide you with reasonable notice. If you do not agree to our assignment, you can terminate use the App in accordance with clause 15.3 (Suspension or termination).

You are deemed to have accepted the assignment if you continue to use the App after 30 days following our notice to you.

15.15 Links

Any links to third party App and Services appearing in the App are provided for your convenience only. Your access of third party App and Services using these links is done at your own risk. You must comply with applicable third party terms of agreement when accessing these links.

‍15.16 Contact

If you have any questions or comments relating to the App or these Terms and Conditions or otherwise need to contact us, please do not hesitate to contact us by raising a request for support in the App or by emailing us at contact@truyu.com.au.

‍16 Meaning of words

"Consumer Guarantees” means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, 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” means the content, text, data, alerts, notifications, information, images, pages, materials, tools and results provided to you as part of the Service via the App.

"Compatible Apple devices or Android devices" means either iPhones that meet the requirements listed in the Apple App Store, or Android devices that meet the requirements listed on Google Play (as appropriate).

“Credit File Alert Service” means the service set out in clause 1.4.

“Data Breach” means a data breach considered to be an ‘eligible data breach’ as defined in the Privacy Act 1988 (Cth) or as otherwise contained in these Terms and Conditions.

“Email Monitoring Service” means as defined in clause 1.4.

“Experian” means Experian Australia Pty Ltd ABN 95 082 851 474 and Experian Australia Credit Services Pty Ltd ABN 12 150 305 838 (as relevant).

“ID” or “Identity” for the purpose of the ID Usage Alert Service means your name and date of birth.

“ID Usage Alert Service” means the service set out in clause 1.4.

“Proscribed person” is a person who appears to us to:

• be a proscribed person or entity under the Charter of the United Nations Act 1945 (Cth);
• be in breach of the laws of any jurisdiction relating to money laundering or counter-terrorism;
• appear in a list of persons with whom dealings are proscribed by the government or a regulatory authority of any jurisdiction; or
• act on behalf, or for the benefit of, a person referred to above.

“Third Party Services” means as defined in clause 1.5.

“Third Party Service Providers” means as defined in clause 1.5.

“Truyu Services” or “Services” or “Service” means the Content and services we (or our sub-contractors or third parties with whom we provide the services) provide to you via the App, which consist of Email Monitoring Service and general restoration guidance and the fee based Subscription Service (including but not limited to the ID Usage Alert Service and Credit File Alert Service) as described in clause 1.4.

"the Truyu App" or “App” means the Truyu App service described in clause 1.

"you" or "your" means the person using the Truyu App.

Schedule A

Apple App Store and Google Play Store

You acknowledge and agree:

1. that we have appointed Apple Inc and its subsidiaries as updated from time to time (Apple) and Google LLC and its subsidiaries as updated from time to time (Google) as our agent to distribute and market the App in the Apple App store and Google Play Store respectively;

2. Apple and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions, and that, upon your acceptance of these Terms and Conditions, to the extent permissible under Australian Law, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof;

3. that these Terms and Conditions are concluded between You and Us only, and not with Apple or Google and neither Apple or Google will be responsible for or have any liability whatsoever under, these Terms and Conditions; and

4. the license granted to you in clause 12 (Licence) of these Terms and Conditions is limited to a non-transferable license to use the App on any Apple-branded products or any Google-branded products that you own or control and as permitted by Apple’s or Google’s terms and conditions which can be found on Apple’s or Google’s website.