Terms of Service

Preamble and Incorporation

This Document describes Our Terms of Service.
It should be read in conjunction with our Cookie Policy and our Privacy Policy as definitions contained therein also apply to this document.
Cookie Policy and Privacy Policy are incorporated in this policy by reference in their entirety.

Introduction to the parties.

Software Based Products Pty Ltd, a company registered in Australia (ABN 16 646 773 168)("SBP", "Us", “We", or "Our"), operates the websites under the CardDetails.com domain. ‘SBP’ also includes any company (other than SBP), trust or incorporated entity that is a parent or subsidiary of SBP as defined by the Australian Corporations Act 2001 (Cth) or an entity which is, under section 50AA of the Australian Corporations Act 2001 (Cth) considered under the ‘control’ of SBP.

Commercial Partners
SBP has commercial relationships with 3rd Parties to provide Us with services (‘Commercial Partner’). The existence of a Commercial Partner does not constitute a recommendation to purchase, a partnership, joint venture or employment relationship.

Affiliate Disclosure
SBP has commercial relationships with 3rd Parties to act as a referrer of customers to them (‘Affiliate Partners’). We use ‘affiliate links’ when linking to the 3rd Party’s website which allows any purchases made to be attributed to Us. If You click the affiliate link and purchase an item or service, We may receive a commission payment at no cost to You. We do not accept Affiliate Partners that increase their prices for purchases made via affiliate links compared to purchases made directly from them. An inclusion of an Affiliate Link on the Service or Online Platform (defined below) does not constitute a recommendation to purchase, a partnership, joint venture or employment relationship. When You purchase from an Affiliate Partner, SBP is not the seller. We have no control over, and assume no responsibility for, the content, privacy policies, data collection and usage, or the practices of any third-party websites or services.

Introduction to the Terms

The following Terms of service (the ‘Terms’) govern Your access to and use of the functionality (collectively the ‘Service’ or ‘Services’) provided by this website, and (if provided), its associated APIs, email communications, browser extensions, downloadable software and mobile applications (collectively the ‘Online Platform’).

The Online Platform is operated by SBP. Where certain Services are accessible on the Online Platform but are provided by third parties, the disclaimers and terms for the relevant Service will explicitly state as such.

In the Terms, users of the Online Platform (including, without limitation, visitors who browse the Online Platform but do not create an Account (defined below) or use any Services) and Account holders are sometimes referred to herein as ‘You’, ‘Your’ or ‘User’.

Privacy and Cookie Policies
Use of the Online Platform and an Account to access the Services involves the collection and processing of personal information. Our Privacy Policy explains how We treat, protect and process Your information. By using the Services and interacting with the Online Platform You agree that SBP our Commercial Partners may use Your personal information as described in the Privacy Policy. The Privacy Policy is incorporated in the Terms by reference in its entirety.

Use of the Online Platform and an Account to access the Services involves the uses of Cookies and similar technologies. Our Cookie Policy explains the different ways in which We use Cookies. The Cookie Policy is incorporated in the Terms by reference in its entirety.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between Us regarding our Service, and supersede and replace any prior agreements We might have between Us regarding the Service.

Use of the Online Platform
All use of the Online Platform is subject to the Terms which should be read in conjunction with the Privacy Policy and Cookie Policy. Certain sections of the Terms govern your use of an Account in the Online Platform.

By creating an Account or accessing and using the functionality of the Service and the Online Platform, You acknowledge that You have read and agree to be bound by the Terms. If You do not agree with any of the Terms, please do not use, access or otherwise interact with the Services or Online Platform.

Updates to the Terms
We reserve the right to modify the Terms at any time without prior notice. It is Your responsibility to periodically review the Terms to see if changes have been made. Your continued use of the Online Platform after any modification of the Terms will mean that You accept those changes. We will seek to notify You of modifications to the Terms if We are required to, and to the extent that We are required to do so by applicable law.

Electronic Communications
SBP, our Affiliate Partners or our 3rd party service providers may be required to provide you with notifications, legal and regulatory disclosures, confirmations, notices and other communications (collectively ‘Communications’) to You in written form. By agreeing to the Terms You consent to such Communications being delivered to You in electronic form, including, but not limited to, email, SMS messages, mobile phone push notifications, and instant messages.

You agree that all terms and conditions, agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement such Communications would satisfy if they were provided in writing. With respect to the Terms, You waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.

Account

Basic access to the Service and its information is publicly accessible via our website and does not require registration or an Account. Certain aspects of the Services are either customised to the User or are Paid Services and therefore require You to create an Account.
To create an account You must:

  • Be at least 18 years old;
  • Have not previously been suspended, removed or banned from the Service or Online Platform either by Us or by law;
  • If registering on behalf of an incorporated entity, that You have authority to represent that entity in Your dealings with Us;
  • Create an Account by visiting our website or using our API or App, and completing the Account registration process; and
  • Comply with these Terms and any relevant laws (including those within the jurisdiction You are in).
By creating an Account You agree that the information You provide at the time of registration is accurate, current and complete. You further agree to update that information to maintain its accuracy and completeness. A change in Your state or country of residence may affect Your eligibility to access and use Your Account and may impact our ability to provide You with the Services.
Where required by Us and/or provided by You, an address must be a valid postal address. Post office boxes, virtual offices or serviced office addresses may not be used.
Where required by Us and/or provided by You, a phone number must be a valid phone number. Value-added service numbers (sometimes known as ‘premium rate numbers’) may not be used. We reserve the right to review and request that You update Your Account information and may restrict access to functionality within Your account while this update process is being conducted.

Account Security
Once registered, Your Account will provide You with access to additional features of the Service. You are responsible for protecting Your Account’s sensitive information (such as passwords, API keys and API secret keys). You must not disclose Your Account credentials to any third party. You acknowledge that We and our Partners and Affiliates exclude all liability for, or in connection with, any harm, loss or damages to You, Your entity, or to any party resulting from the unauthorized use of the Account.

Unauthorised Account use
We will treat any actual or suspected unauthorised use of the Service as potentially fraudulent (‘Potentially Fraudulent Activity’). You agree to notify us immediately if You become aware of, or suspect any Potentially Fraudulent Activity on Your Account. When You send Us notification of Potentially Fraudulent Activity You are deemed to be aware of such Activities and We will take reasonable steps to protect Your Account from further Potentially Fraudulent Activity, including but not limited to, temporarily restricting access to Your Account, disabling functionality normally available within Your Account, cancelling any in-progress or pending transactions or requiring You to change Your login credentials.
You agree to report promptly any Potentially Fraudulent Activity to the relevant legal authorities if required by applicable law and to provide Us with copies of all correspondence with the authorities regarding this matter. If a formal/legal investigation of the Potentially Fraudulent Activity is undertaken You further agree to cooperate fully with Us and the legal authorities in such investigations, complete any statutory declarations required promptly and correctly. Failure to cooperate with such an investigation may cause delays in regaining access to Your Account and/or any funds or Service credits contained within.

Availability, Errors and Inaccuracies

We are constantly updating the offerings of the Service and strive to always improve the Service. However, information, products or functionality on the Service may be mispriced, described inaccurately, have out-of-date information or be unavailable. We may also experience delays in updating information on the Service or on syndicated content or advertisements on other websites or in offline media.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
We make reasonable efforts to ensure that the Service and Online platform is reliable and available at all times, however SBP does not warrant that 1) the Service or Online Platform will function uninterrupted, secure or available at any particular time or location; 2) any errors or defects will be corrected; 3) the Service is free of viruses or other harmful components; or 4) the results of using the Service will meet Your requirements.
You acknowledge that it is Your responsibility to ascertain the suitability of any product or Service considering Your personal requirements, situation, financial situations or needs, and, if necessary, seek advice from a suitably qualified and/or licenced professional.

Acceptable Use of the Online Platform

Accessing the Services and/or any information, resources, products, services and/or functionality provided by the Online Platform by any other means than We provide is prohibited. You agree not to access, interrupt or tamper with the Online Platform, for any purpose through an automated, scripted, unethical or unconventional means, including but not limited to, collecting personally identifiable information or Account information (for example, Users’ names, email addresses, passwords or other personal, contact or financial information) with respect to the Online Platform’s Users, SBP’s or our Partners, Affiliates’ Users or employees.

By submitting information, or other material to Us, or any of Our Commercial Partners including on or through the Online Platform or your Account, you: 1) warrant that such information is non-confidential, except for any personal and financial information (which be subject to our Privacy Policy); (ii) grant Us or any of our Partners or Affiliates, a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicenseable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials in any form or medium known or later developed; and (iii) agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.

You must not interfere with, impair or circumvent the ordinary operations of, security of, or privacy of the Online Platform, the Services or any of our data. This includes spamming, overburdening or engaging in a denial of service attack, or similar activities.

You are solely responsible for all activity that occurs on or under Your Account (whether or not authorised by You), and for maintaining the confidentiality of Your login credentials (including, is used, API credentials). We will have no liability to You or any other party for acts or omissions committed by Your agent, representative or any third party in respect of your Account.

You will not transmit to SBP, our Commercial Partners, Affiliate Partners or make available on, or upload any information to the Online Platform that: 1) is commercial or promotional in nature 2) is unlawful, harmful, deceptive, obscene or otherwise violates the legal rights or privacy of others 3) is capable of giving rise to legal action whether against You, SBP or any third party; 4) infringes any patent, trademark, trade secret copyright or other proprietary rights of any party; 5) impersonate any person or entity (including SBP or its employees and representatives); or 6) contains viruses, malware or any program, software, code or technology designed to disrupt, intercept impair or damage the functionality of the Online Platform or its software, hardware, data or network.

We reserve the right to edit, restrict or remove any content You provide for any reason at any time without notice. We are not obligated to publish any content You provide on or through the Online Platform. We do not control any information provided by others that may be made available on or through the Online Platform. Notwithstanding Our rights under the Terms, We do not undertake or will not be obligated, to monitor the submission of any content submitted to or published on or through the Online Platform. We reserve the right to refuse any of the Services, terminate relationships and cancel pending or in-progress orders or transactions at Our sole discretion.

Termination of Use

You may choose to stop using the Online Platform at any time.

We will be entitled to suspend or permanently withdraw Your right to use the Online Platform and the Services (or any part thereof) where:

  • We no longer provide the Online Platform; or,
  • We reasonably determine that it necessary to do so; or,
  • We are required by law or a relevant, competent regulatory authority; or,
  • In cases where Your Account requires onboarding, customer due diligence in the form of identification checks, anti money laundering or similar checks and while these check are being completed to Our satisfaction; or,
  • There has been, or we have reasonable grounds to believe there has been, fraudulent or unauthorised use of Your Account; or
  • You have used the Services or Online Platform (or any part thereof) in any way that is contrary to the Terms or is in any way unlawful.
We will not be liable to You due to or by reason of terminating Your right to use the Online Platform, or the automatic termination of Your right to use the Online Platform for non-compliance with the Terms.
Any ongoing obligations on You under the Terms will survive any termination or expiration of the Terms for any reason whatsoever.

Links to other websites

Our Service and Online Platform will contain links to third party websites or services that are not owned or controlled by SBP. We have no control over, and assume no responsibility for, the content, privacy policy, data collection and use, or practices of, any third party website or service, including those of Our Affiliate Partners.

Purchases

If You wish to access parts of the functionality of the Service or Online Platform that require payment (the ‘Purchase’).
You may be required to:

  • Pre-purchase ‘Service Credits’ that can be redeemed for functionality over time; or,
  • Post-purchase ‘Service Credits’ based on Your usage over a billing cycle; or,
  • Maintain a monthly subscription to a plan with a pre-provisioned service capacity.
In order to proceed with the payment You will need to supply payment information relevant to the Purchase to our payment service providers, including (but not limited to) Your payment card card number, expiration date, CVV number, billing address and/or shipping address. You represent and warrant that: 1) You have the legal right to use any payment card(s) or other payment method(s) in connection with any Purchase; and that 2) the information You supply to Us and/or Our payment services providers, is true, correct and complete.
By submitting such payment information, You automatically authorise Us to charge all fees incurred through Your Account to any such payment instruments.

Fees and Charges for any provided by any parts of the Online Platform and/or Services are published on the Online Platform and We may change them from time to time. We may notify You of any changes to our Fees by publishing notice of such changes on the Online Platform. Where You have pre-purchased ‘service credits’ those existing credits will be honored and will not attract additional fees.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis (“Billing Cycle”) or either a monthly or annual basis, depending on the type of subscription plan You select when purchasing the Subscription. At the end of each Billing Cycle Your Subscription will renew automatically under the same conditions unless You or We terminate it. You can terminate Your subscription via the Online Platform or by contacting our support team.
We value our existing Users so where You have an active monthly subscription at an existing fee level, We, at our sole discretion, can choose to handle the fee increase in one of the following ways:
  • ‘Grandfather’ Your plan where Your fees remain the same with the following conditions: (1) We reserve the right to revisit this decision after a period of 2 years; (2) if You change the plan subscript level by either upgrading to a higher plan or downgrading to a lower plan, the prevailing fee will apply to the new plan level.
  • ‘Delayed Increase’ Your plan remains at the current fee level for a period of six (6) months from notification of fee changes, after which it moves to the prevailing fee level.
  • ‘Immediate Increase’ Your plan fee level will be adjusted to the new fee levels after the end of the current billing cycle.
We will seek to notify You of which option We will pursue at the time of the Fee change.

Intellectual Property

The ‘Content’ includes all contents of the Online Platform including but not limited to any logos, identifying marks, images, designs illustrations, icons, photographs, videos, text and other multimedia materials. All rights, title and interest in the Online Platform and its Content including any copyright or trademark, are and will remain the property of SBP.

All existing previously registered logos, service marks and trademarks by 3rd parties are acknowledged and remain the property of their respective owners.

Subject to the Terms, We grant You a limited, non-transferable, non-sublicencealbe, non-exclusive, revocable license to use the Online Platform and Services for personal use until such time as the Terms terminate or expire, or Your rights to access the Online Platform and Services are terminated in accordance with the Terms.

You may not sell, copy, modify, create derivative works from, publish, store or in any way distribute the Content. You may not remove or alter attribution or copyright notices or similar information on the Online Platform or any other products or materials embodying or containing any Content.

Limitation Of Liability

In no event shall SBP, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from 1) Your access to or use of or inability to access or use the Service and/or Online Platform; 2) any conduct or content of any third party on the Service; 3) any Content obtained from the Service; and 4) unauthorised access, use or alteration of Your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Any implied guarantees, warranties, representations, statements, terms and conditions which are not expressly set out in the Terms are excluded. Nothing in the 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 which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied or imposed in relation to the Terms under the Australian Consumer Law or any other applicable legislation (a "Non-Excludable Provision") and We are able to limit Your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at Our option: 1) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or 2) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again. In any event, our maximum aggregate liability for all claims arising under or relating to the Terms whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis is limited to the amount paid, if any, by You to access or use the Services and/or Online Platform. To the maximum extent permitted by law, We are not liable for any indirect or consequential loss, or loss of business, goodwill, reputation or for business interruption.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between You and SBP as a result of the Terms or any use of the Services and/or Online Platform.
You agree to indemnify and hold SBP and the Affiliate Partners, agents, officers, and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable legal fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of 1) Your use of the Services and/or Online Platform, the Content, or Your Account, 2) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, including the Privacy Policy, 3) Your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or 4) any act or omission by Your agent, representative or third-party service provider while using Your Account, regardless of whether the specific use was expressly authorised by You.