Free Trial - Terms and Conditions
1. Agreement to Trial Terms
1.1 These terms and conditions (Trial Terms) govern your access to and use of the services described in Annexure 1 (Trial Services). The Trial Services include all data, information, programs, material, products and other content that is accessed or received by you through using the Trial Services, or that are otherwise provided by Perpetual to you (Content).
1.2 You agree to these Trial Terms on the earlier of the date that you indicate your acceptance to these Trial Terms or first use the Trial Services (Commencement Date).
1.3 If you are using the Trial Services in your capacity as an employee of a company, then:
(a) you accept these Trial Terms on your own behalf and on behalf of your company (and references to “you” will refer to you as an individual and your company); and
(b) represent that you are duly authorised and have full power and authority to enter into these Trial Terms on behalf of your company.
1.4 Your trial period and these Trial Terms commence on the Commencement Date, and continue for 30 days unless terminated earlier in accordance with these Trial Terms, or extended as otherwise agreed in writing (Trial Period).
2. Access Credentials
2.1 In order to access the Trial Services, you must use the unique user name and password that Perpetual issues to you (“Access Credentials”). You are responsible for the acts and omissions of any unauthorised third party that accesses the Trial Services using the Access Credentials, other than to the extent such unauthorised use is caused by any breach of security relating to such Access Credentials caused by Perpetual.
2.2 You must:
(a) ensure the security of your Access Credentials; and
(b) ensure that you do not allow any other person to access or use the Trial Services or Content.
2.3 Each time you access the Trial Services you affirm your agreement to be bound by these Trial Terms.
3. Use of Trial Services
3.1 Subject to your compliance with these Trial Terms, Perpetual grants you a limited, non-exclusive, non-transferable licence (without the right to sub-licence) to access and use the Trial Services for Trial Period solely for the purpose of evaluating the Trial Services for your internal business purposes; and providing Perpetual with feedback on the Trial Services as contemplated by these Trial Terms (Permitted Purpose).
3.2 You must:
(a) not use the Trial Services for personal or consumer use, or otherwise for any purpose other than the Permitted Purpose;
(b) not print, download, save, store or distribute any of the Content, or disclose the Content to any other person;
(c) not use the Trial Services including the Content to derive or develop any product or service competing with the Trial Services or Perpetual’s products and services;
(d) comply with all applicable laws, and not use the Trial Services (or allow any other person to use the Trial Services) for any improper, fraudulent or illegal activities; and
(e) not use the Trial Services in a way that may damage, interfere with or interrupt the Trial Services or any of the systems used to provide the Trial Services (whether operated by Perpetual or third parties), including by introducing any computer virus, contaminant or other malicious code into such systems.
3.3 You acknowledge that Perpetual may, from time to time:
(a) suspend the Trial Services for maintenance, repair or similar operational reasons;
(b) change any part of the Trial Services or Content; or
(c) withdraw Content from the Trial Services.
4. Intellectual Property
4.1 Perpetual or its licensors own all intellectual property rights subsisting in the Trial Services. Except as expressly provided in these Trial Terms, you do not obtain any right, title or interest in or to the intellectual property rights subsisting in or used to provide the Trial Services.
4.2 If any intellectual property rights are developed pursuant to Perpetual performing the Trial Services under this Agreement (“Developed IP”), then all Developed IP vests in and become the sole and exclusive property of Perpetual on and from creation. If any Developed IP vests in you, then you hereby assign, and must take all steps and execute all documents required to assign, such Developed IP to Perpetual with immediate effect.
5. Fees and payment
5.1 You may access the Trial Services and Content during the Trial Period free of charge.
6. Acknowledgement, indemnity and disclaimer
6.1 You acknowledge and agree that:
(a) Perpetual is an aggregator of the Content only and does not control or have oversight over the accuracy, currency, completeness of any underlying data that is sourced from third parties or public sources comprised in the Content;
(b) Perpetual has not verified that any analysis or calculations comprised in the Trial Services have been conducted in accordance with the specific requirements or formula prescribed by any transaction documents underlying the Content or Trial Services; and
(c) you are responsible for satisfying yourself of the suitability of the Trial Services to meet your business purposes or requirements, including any of your regulatory or contractual obligations, and any reliance by you on the Trial Services in respect of your business purposes or requirements is at your risk; and
(d) you should obtain independent verification or professional advice in respect of your use of or reliance on the Content or Trial Services in connection with your business purposes or requirements.
6.2 You indemnify Perpetual and its related bodies corporate (“Perpetual Parties”) from and against any third party claims or actions, or associated loss or damages, suffered or incurred by a Perpetual Party arising in connection with your use or reliance on the Trial Services to meet your business purposes or requirements.
6.3 To the maximum extent permitted by law, Perpetual excludes all warranties, whether express or implied, statutory or otherwise relating to the Trial Services, and provides the Trial Services on an “as is” and “as available” basis. Without limiting the foregoing, Perpetual does not warrant that the Trial Services are fit for any purpose, free from errors, will be continuously available without interruption or will allow you to meet any regulatory obligations or legal obligations applicable to it.
6.4 Nothing in these Trial Terms excludes or limits any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law.
7. Liability
7.1 Other than with respect of:
(a) either party’s infringement of the other party’s intellectual property rights, breach of its confidentiality obligations, or liability to indemnify the other party under these Trial Terms; and
(b) your breach of the licence or use restrictions in clause 3,
to the maximum extent permitted by applicable law, neither party is liable to the other party under or in connection with these Trial Terms (whether arising in contract, tort (including negligence), equity or otherwise) for:
(c) any consequential or indirect loss, including loss of profit, revenue, goodwill, reputation, anticipated savings, opportunity, data, or any fines, penalties or other costs arising from regulatory action; or
(d) any loss or damage suffered or incurred by the other party that exceeds AUD$10,000.
8. Confidentiality:
8.1 Each party (“receiving party”) must maintain the confidentiality of, and not use, any Confidential Information received from the other party (“disclosing party”) except:
(a) as permitted under these Trial Terms;
(b) where required by law; or
(c) where the receiving party has obtained the prior written consent of disclosing party.
8.2 Notwithstanding clause 8.1, Perpetual may disclose your Confidential Information to:
(a) its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)); and
(b) its contractors or services providers involved in the performance of the Trial Services,
to the extent reasonably required in connection with the performance of the Trial Services and development and improvement of Perpetual’s products.
8.3 For the purposes of this clause 8, “Confidential Information” means any information concerning the business affairs of the disclosing party, which is by its nature confidential or designated confidential by the disclosing party, or that the receiving party knows or ought reasonably know is confidential to the disclosing party, and where Perpetual is the disclosing party, includes all information relating to the Trial Services, the Content and the Access Credentials.
9. Privacy and data security
9.1 Each party must comply with Privacy Laws to the extent applicable to it in its performance of, or use of (as applicable) the Trial Services.
9.2 Perpetual will collect, use, store, disclose and handle your personal information for administrative purposes only, and in accordance with the terms of Perpetual's privacy policy as updated from time to time.
10. Force Majeure
10.1 Neither party is liable for any delay or non-performance or any breach of these Trial Terms resulting from any event or circumstances beyond its reasonable control (“Force Majeure Event”). Such events include, but are not limited to, unavailability of the internet, other network services, hardware or software, acts of God, acts or omissions of third parties, natural disasters, terrorism or any other unforeseen circumstances beyond a party’s reasonable control.
11. Suspension and Termination
11.1 Either party terminate the Trial Period for convenience with immediate effect by providing notice to the other party.
11.2 Upon the termination or expiry of these Trial Terms:
(a) you must immediately cease accessing and using the Trial Services;
(b) each party will promptly return to the other party or permanently destroy all Confidential Information of the other party (including all printed and downloaded copies); and
(c) any of these Trial Terms which are expressed to or, by their nature, survive the expiry or termination of these Trial Terms, including clauses 4, 6, 7 and 8, will survive such expiry or termination these Trial Terms and are enforceable at any time at law or in equity.
12. Other Terms
In order to receive the Trial Services, you agree, to the extent it is reasonably within your control, to comply with, and not through any act or omission put Perpetual in breach of, the end user terms of Microsoft Power BI (a copy of which is set out at the following URL: https://powerbi.microsoft.com/en-us/terms-of-service/).
13. Feedback notification
13.1 You agree to provide Perpetual with feedback on the Trial Services, including in respect of any errors, bugs or issues encountered in accessing and using the Trial Services, or any suggestions for improvement or enhancement of the Trial Services, and agree to use any tools or reporting processes notified to you by Perpetual in respect of such feedback.
13.2 You grant Perpetual and its Related Bodies Corporate a royalty free, world-wide, perpetual, irrevocable, non-exclusive licence to use any feedback provided by you in connection with the Trial Services for Perpetual’s business purposes, including developing and enhancing the Trial Services and Perpetuals products and services.
13.3 To avoid doubt, Perpetual makes no representation or commitment to you that it will implement any feedback notified by you pursuant to this clause 13, including by fixing any error, bug or issue in the Trial Services.
14. General
14.1 These Trial Terms are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
14.2 These Trial Terms comprise the entire agreement between Perpetual and you with respect to its subject matter, and supersedes all previous agreements, proposals, representations, correspondence and discussions.
14.3 You may not assign or novate any of your rights or obligations under these Trial Terms without the prior written consent of Perpetual.
14.4 Perpetual may give you notices under these Trial Terms in writing by any lawful means, including: by hand; by post; by email; and through the Trial Services. You may give notices to Perpetual by using the contact details notified by Perpetual to you, or as otherwise set out at https://www.absperpetual.com/WebForms/Help/ContactUs.aspx.
14.5 The provisions of these Trial Terms are severable. If any provision of these Trial Terms, or part thereof, is void or unenforceable, it will be severed from these Trial Terms. The remaining provisions of these Trial Terms will continue to have full effect.
14.6 A single, partial exercise or waiver by a party of any right under, or provision of, these Trial Terms does not prevent any other exercise of that right or any other right by that party.
Annexure 1: Trial Services
Loan Analytics
Dynamic slice and filter capability across all major lending asset classes including mortgages, auto, personal loans, commercial, credit cards, equipment finance, trade receivables and factoring.
Analyse and visualise key loan metrics like Arrears, LTV Current Balance and Seasoning.
Segment and drill down within visuals across key loan, borrower and security data dimensions – down to post code.
Self-serve custom views and curated custom dashboards.
Portfolio holding weighted metrics and reporting
Loan Analytics Compare (Mortgage)
Benchmark and compare historical performance of public or private loan portfolios against the public RMBS aggregated market, master trust(s) or series trust(s).
Trend analysis of historical data (mortgages).
Security (RMBS) Analytics
Analyse and visualise key RMBS transaction and security performance metrics and trends like distribution trends, CPR, total prepayments, WAL and triggers.
Interactive reporting and visualisations against the Aggregated Market, Master Trust(s) or Series Trust(s).
Collateral trend analysis from original to current balance.
Free Trial - Terms and Conditions
1. Agreement to Trial Terms
1.1 These terms and conditions (Trial Terms) govern your access to and use of the services described in Annexure 1 (Trial Services). The Trial Services include all data, information, programs, material, products and other content that is accessed or received by you through using the Trial Services, or that are otherwise provided by Perpetual to you (Content).
1.2 You agree to these Trial Terms on the earlier of the date that you indicate your acceptance to these Trial Terms or first use the Trial Services (Commencement Date).
1.3 If you are using the Trial Services in your capacity as an employee of a company, then:
(a) you accept these Trial Terms on your own behalf and on behalf of your company (and references to “you” will refer to you as an individual and your company); and
(b) represent that you are duly authorised and have full power and authority to enter into these Trial Terms on behalf of your company.
1.4 Your trial period and these Trial Terms commence on the Commencement Date, and continue for 30 days unless terminated earlier in accordance with these Trial Terms, or extended as otherwise agreed in writing (Trial Period).
2. Access Credentials
2.1 In order to access the Trial Services, you must use the unique user name and password that Perpetual issues to you (“Access Credentials”). You are responsible for the acts and omissions of any unauthorised third party that accesses the Trial Services using the Access Credentials, other than to the extent such unauthorised use is caused by any breach of security relating to such Access Credentials caused by Perpetual.
2.2 You must:
(a) ensure the security of your Access Credentials; and
(b) ensure that you do not allow any other person to access or use the Trial Services or Content.
2.3 Each time you access the Trial Services you affirm your agreement to be bound by these Trial Terms.
3. Use of Trial Services
3.1 Subject to your compliance with these Trial Terms, Perpetual grants you a limited, non-exclusive, non-transferable licence (without the right to sub-licence) to access and use the Trial Services for Trial Period solely for the purpose of evaluating the Trial Services for your internal business purposes; and providing Perpetual with feedback on the Trial Services as contemplated by these Trial Terms (Permitted Purpose).
3.2 You must:
(a) not use the Trial Services for personal or consumer use, or otherwise for any purpose other than the Permitted Purpose;
(b) not print, download, save, store or distribute any of the Content, or disclose the Content to any other person;
(c) not use the Trial Services including the Content to derive or develop any product or service competing with the Trial Services or Perpetual’s products and services;
(d) comply with all applicable laws, and not use the Trial Services (or allow any other person to use the Trial Services) for any improper, fraudulent or illegal activities; and
(e) not use the Trial Services in a way that may damage, interfere with or interrupt the Trial Services or any of the systems used to provide the Trial Services (whether operated by Perpetual or third parties), including by introducing any computer virus, contaminant or other malicious code into such systems.
3.3 You acknowledge that Perpetual may, from time to time:
(a) suspend the Trial Services for maintenance, repair or similar operational reasons;
(b) change any part of the Trial Services or Content; or
(c) withdraw Content from the Trial Services.
4. Intellectual Property
4.1 Perpetual or its licensors own all intellectual property rights subsisting in the Trial Services. Except as expressly provided in these Trial Terms, you do not obtain any right, title or interest in or to the intellectual property rights subsisting in or used to provide the Trial Services.
4.2 If any intellectual property rights are developed pursuant to Perpetual performing the Trial Services under this Agreement (“Developed IP”), then all Developed IP vests in and become the sole and exclusive property of Perpetual on and from creation. If any Developed IP vests in you, then you hereby assign, and must take all steps and execute all documents required to assign, such Developed IP to Perpetual with immediate effect.
5. Fees and payment
5.1 You may access the Trial Services and Content during the Trial Period free of charge.
6. Acknowledgement, indemnity and disclaimer
6.1 You acknowledge and agree that:
(a) Perpetual is an aggregator of the Content only and does not control or have oversight over the accuracy, currency, completeness of any underlying data that is sourced from third parties or public sources comprised in the Content;
(b) Perpetual has not verified that any analysis or calculations comprised in the Trial Services have been conducted in accordance with the specific requirements or formula prescribed by any transaction documents underlying the Content or Trial Services; and
(c) you are responsible for satisfying yourself of the suitability of the Trial Services to meet your business purposes or requirements, including any of your regulatory or contractual obligations, and any reliance by you on the Trial Services in respect of your business purposes or requirements is at your risk; and
(d) you should obtain independent verification or professional advice in respect of your use of or reliance on the Content or Trial Services in connection with your business purposes or requirements.
6.2 You indemnify Perpetual and its related bodies corporate (“Perpetual Parties”) from and against any third party claims or actions, or associated loss or damages, suffered or incurred by a Perpetual Party arising in connection with your use or reliance on the Trial Services to meet your business purposes or requirements.
6.3 To the maximum extent permitted by law, Perpetual excludes all warranties, whether express or implied, statutory or otherwise relating to the Trial Services, and provides the Trial Services on an “as is” and “as available” basis. Without limiting the foregoing, Perpetual does not warrant that the Trial Services are fit for any purpose, free from errors, will be continuously available without interruption or will allow you to meet any regulatory obligations or legal obligations applicable to it.
6.4 Nothing in these Trial Terms excludes or limits any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law.
7. Liability
7.1 Other than with respect of:
(a) either party’s infringement of the other party’s intellectual property rights, breach of its confidentiality obligations, or liability to indemnify the other party under these Trial Terms; and
(b) your breach of the licence or use restrictions in clause 3,
to the maximum extent permitted by applicable law, neither party is liable to the other party under or in connection with these Trial Terms (whether arising in contract, tort (including negligence), equity or otherwise) for:
(c) any consequential or indirect loss, including loss of profit, revenue, goodwill, reputation, anticipated savings, opportunity, data, or any fines, penalties or other costs arising from regulatory action; or
(d) any loss or damage suffered or incurred by the other party that exceeds AUD$10,000.
8. Confidentiality:
8.1 Each party (“receiving party”) must maintain the confidentiality of, and not use, any Confidential Information received from the other party (“disclosing party”) except:
(a) as permitted under these Trial Terms;
(b) where required by law; or
(c) where the receiving party has obtained the prior written consent of disclosing party.
8.2 Notwithstanding clause 8.1, Perpetual may disclose your Confidential Information to:
(a) its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)); and
(b) its contractors or services providers involved in the performance of the Trial Services,
to the extent reasonably required in connection with the performance of the Trial Services and development and improvement of Perpetual’s products.
8.3 For the purposes of this clause 8, “Confidential Information” means any information concerning the business affairs of the disclosing party, which is by its nature confidential or designated confidential by the disclosing party, or that the receiving party knows or ought reasonably know is confidential to the disclosing party, and where Perpetual is the disclosing party, includes all information relating to the Trial Services, the Content and the Access Credentials.
9. Privacy and data security
9.1 Each party must comply with Privacy Laws to the extent applicable to it in its performance of, or use of (as applicable) the Trial Services.
9.2 Perpetual will collect, use, store, disclose and handle your personal information for administrative purposes only, and in accordance with the terms of Perpetual's privacy policy as updated from time to time.
10. Force Majeure
10.1 Neither party is liable for any delay or non-performance or any breach of these Trial Terms resulting from any event or circumstances beyond its reasonable control (“Force Majeure Event”). Such events include, but are not limited to, unavailability of the internet, other network services, hardware or software, acts of God, acts or omissions of third parties, natural disasters, terrorism or any other unforeseen circumstances beyond a party’s reasonable control.
11. Suspension and Termination
11.1 Either party terminate the Trial Period for convenience with immediate effect by providing notice to the other party.
11.2 Upon the termination or expiry of these Trial Terms:
(a) you must immediately cease accessing and using the Trial Services;
(b) each party will promptly return to the other party or permanently destroy all Confidential Information of the other party (including all printed and downloaded copies); and
(c) any of these Trial Terms which are expressed to or, by their nature, survive the expiry or termination of these Trial Terms, including clauses 4, 6, 7 and 8, will survive such expiry or termination these Trial Terms and are enforceable at any time at law or in equity.
12. Other Terms
In order to receive the Trial Services, you agree, to the extent it is reasonably within your control, to comply with, and not through any act or omission put Perpetual in breach of, the end user terms of Microsoft Power BI (a copy of which is set out at the following URL: https://powerbi.microsoft.com/en-us/terms-of-service/).
13. Feedback notification
13.1 You agree to provide Perpetual with feedback on the Trial Services, including in respect of any errors, bugs or issues encountered in accessing and using the Trial Services, or any suggestions for improvement or enhancement of the Trial Services, and agree to use any tools or reporting processes notified to you by Perpetual in respect of such feedback.
13.2 You grant Perpetual and its Related Bodies Corporate a royalty free, world-wide, perpetual, irrevocable, non-exclusive licence to use any feedback provided by you in connection with the Trial Services for Perpetual’s business purposes, including developing and enhancing the Trial Services and Perpetuals products and services.
13.3 To avoid doubt, Perpetual makes no representation or commitment to you that it will implement any feedback notified by you pursuant to this clause 13, including by fixing any error, bug or issue in the Trial Services.
14. General
14.1 These Trial Terms are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
14.2 These Trial Terms comprise the entire agreement between Perpetual and you with respect to its subject matter, and supersedes all previous agreements, proposals, representations, correspondence and discussions.
14.3 You may not assign or novate any of your rights or obligations under these Trial Terms without the prior written consent of Perpetual.
14.4 Perpetual may give you notices under these Trial Terms in writing by any lawful means, including: by hand; by post; by email; and through the Trial Services. You may give notices to Perpetual by using the contact details notified by Perpetual to you, or as otherwise set out at https://www.absperpetual.com/WebForms/Help/ContactUs.aspx.
14.5 The provisions of these Trial Terms are severable. If any provision of these Trial Terms, or part thereof, is void or unenforceable, it will be severed from these Trial Terms. The remaining provisions of these Trial Terms will continue to have full effect.
14.6 A single, partial exercise or waiver by a party of any right under, or provision of, these Trial Terms does not prevent any other exercise of that right or any other right by that party.
Annexure 1: Trial Services
Loan Analytics
Dynamic slice and filter capability across all major lending asset classes including mortgages, auto, personal loans, commercial, credit cards, equipment finance, trade receivables and factoring.
Analyse and visualise key loan metrics like Arrears, LTV Current Balance and Seasoning.
Segment and drill down within visuals across key loan, borrower and security data dimensions – down to post code.
Self-serve custom views and curated custom dashboards.
Portfolio holding weighted metrics and reporting
Loan Analytics Compare (Mortgage)
Benchmark and compare historical performance of public or private loan portfolios against the public RMBS aggregated market, master trust(s) or series trust(s).
Trend analysis of historical data (mortgages).
Security (RMBS) Analytics
Analyse and visualise key RMBS transaction and security performance metrics and trends like distribution trends, CPR, total prepayments, WAL and triggers.
Interactive reporting and visualisations against the Aggregated Market, Master Trust(s) or Series Trust(s).
Collateral trend analysis from original to current balance.
