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Terms And Conditions

  1. About these Terms
      When do these Terms apply?
    1. The illion Express Service (“Service”) is provided by illion Australia Pty Ltd (illion, we, our or us).
    2. These User Terms and Conditions (“Terms”) apply to your use of the Service. By accessing and using the Service, you agree to be bound by these Terms.
    3. Where you access or use the Service on behalf of a company or other legal entity, you confirm that you are duly authorised to do so on its behalf and acknowledge that these Terms will be binding on that company or other legal entity.
      4. How can these Terms be changed?
    4. We may update these Terms from time to time by publishing the updated terms on the Website. You agree that in doing this, we have sufficiently notified you of any changes. If you do not agree with the updated terms, you may stop using the Service at any time. By continuing to use the Service following an update to the Terms, you agree that the updated terms apply.
  2. Information you provide to us
    1. In using the Service, you must provide true, accurate, current and not misleading information about yourself and/or your organisation (as the case may be).
    2. Where you provide us with information in connection with your use of the Service (for example, information about your business) (“Your Information”), you acknowledge and agree that:
      • you hold all necessary right, title, consent and authority to provide Your Information to us for use in accordance with these Terms;
      • you authorise us to use the Your Information in accordance with clause 2.3;
      • to the extent that Your Information includes Personal Information, you have complied with all Privacy Laws in relation to the collection, use and disclosure of that Personal Information;
      • your supply of Your Information and its use in accordance with these Terms will not infringe the intellectual property rights of any person;
      • at the time supplied to us, Your Information is complete, accurate, up to date and not misleading; and
      • you will supply us with all information necessary for us to correct, update and maintain Your Information.
    3. You grant us and our related bodies corporate a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence to use and sub-licence, to the extent permitted by Law, Your Information to enhance and deliver our products and services to you and other third parties, to update our databases, to supply information regarding our products or services that may be of interest to you, to seek feedback on our products and services and for any other lawful purpose not expressly prohibited by you (and in the case of personal information, in accordance with our Privacy Policy).
  3. Your use of the Service
    1. Licence to use the Information

      3.1 A. We grant you a limited, non-exclusive, non-sub-licensable, non-transferable licence to use the Information for your lawful and legitimate internal business purposes and any other permitted use set out in these Terms. You acknowledge and agree that this licence is exclusive to you, subject to the conditions set out in these Terms and that you must not sublicence, resell, resupply, repackage, transfer, or otherwise permit access to the Information to any third party.

      3.1 B. You agree that in connection with any ATO tax debt information of an entity that is included in the Information provided to you:

      1. you will only use the ATO tax debt information to assess the credit worthiness of that entity for the purpose of you considering whether to provide credit to that entity; and

      • you must not use the ATO tax debt information for marketing or solicitation purposes.
      • we may (including if directed by the ATO), notify you in writing to remove, update or correct records of tax debt information you received from us and any records of tax debt information that you have disseminated. You must do so as soon as practicable, but in any event within two (2) Business Days and provide a confirmation in writing to us that you have done so, and/or the details of any actions that you have taken.
    2. Third Party Data
      • the Service is provided on an “as is” and “as available” basis;
      • the Service relies on Third Party Data;
      • neither we nor our third party data providers guarantee the accuracy, availability, currency, completeness, timeliness or fitness for purpose of the Third Party Data; and
      • to the extent permitted by law, we exclude all liability for the Third Party Data, including any errors, inaccuracies or omissions.
      3. Availability of the Service
    3. You agree that:
      • the Service is supplied to you on an “as is” and “as available” basis; and
      • we are also not responsible nor liable for the unavailability of any communications links or networks you use to access the Service and we do not guarantee any online Services will be continuously available.
      4. Conditions of Use
    4. Your use of the Information is subject to certain conditions. In using the Information, you acknowledge and agree that:
      • where the Information is being used for credit, insurance, marketing or other business decisions, the Information may only be used as one factor in such decisions, and must not be used to determine a person's or organisation's eligibility for credit or insurance (i.e. it is not fit for those purposes);
      • the Information is not provided for and must not be used for sales or marketing, or personal, domestic or household, purposes;
      • the Information does not take account of your particular risks or circumstances;
      • you are solely responsible for any decision made or not made by you in relation to the use of the Information; and
      • the Information must not be used to determine an individual's eligibility for employment.
    5. Where the Information contains Personal Information, you must comply with any applicable Privacy Laws (including, in the case of international reports, any Privacy Laws of the of the relevant jurisdiction from which the Personal Information originates).
    6. You must protect the Information from any unauthorised access, disclosure, modification, misuse, interference and/or loss.
      7. Unauthorised Use
    7. In accessing and using the Service, you must not and must not attempt to (either directly or indirectly):
      • use any automated means or engage in any systematic extraction (e.g. robot, spider, screen scraping, scripts, or crawls) for any purpose in connection with your use of the Service;
      • harvest information from the Service for any purpose;
      • use an anonymous proxy or other technique to prevent us from identifying your location or your IP address; or
      • use the Service in a way which may disrupt access to, cause damage to, or interfere with the proper operation of the Service (including any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or harmful);
      • reverse disassemble or engineer, decompile, derive the source code of, tamper with, or circumvent any technological measures, that are designed to prevent unauthorised use or access to any part of the Service; or
      • use the Service in a manner that is unreasonable, unlawful, likely to result in complaints or is contrary to how the Service is intended to be used.
  4. Intellectual property
    1. All intellectual property rights in the Service, Information, or other materials, graphics and/or content made available via the Service (“illion Express Content”) (including but not limited to, trade marks, logos and copyright) are owned by us or our licensors. We do not, at any time, transfer any ownership rights in the illion Express Content and we reserve all rights not expressly granted. You must not reproduce, adapt, alter, link to, frame or distribute any illion Express Content without our prior written permission.
  5. Pricing and payment
    1. The fees for any Information ordered by you in illion Express (“Fees”) will be displayed to you at the time of your request to order the Information.
    2. All pricing is displayed in Australian dollars and includes GST.
    3. You authorise and grant us permission to charge the Fees to the credit or debit card that you provide to us at the time of your order. You confirm that you are authorised to use the credit or debit card provided to us for payment of the Fees.
    4. Upon successfully processing payment, we will issue you with a tax invoice for the Fees to the email address provided by you at the time of your order.
  6. Liability
    1. To the extent permitted by law, each party's maximum aggregate liability for any Loss suffered or incurred in connection with your use of the Service (including the Information) must not exceed the total Fees paid by you to us under these Terms in the 12 months preceding the date of the Claim event.
    2. Notwithstanding any other provision in these Terms, no party will be liable for Indirect Loss in connection with the Service.
    3. Nothing in these Terms excludes, restricts or modifies any Implied Term that cannot lawfully be excluded, restricted or modified (“Mandatory Term”). To the extent permitted by Law, our liability for a breach of a Mandatory Term is limited at our option to resupply the Service, or payment of the reasonable cost of having the Service resupplied.
  7. Other matters
    1. Privacy: Our Privacy Policy forms part of these Terms and applies to information collected from you or disclosed by you to us.
    2. Territory: illion is based in Australia (Territory). We make no representations that Service is appropriate for use outside of the Territory or that it satisfies the Laws of any countries outside of the Territory. If you use the Service outside of the Territory, you acknowledge and agree that you are solely responsible for ensuring that your use of the Service is permitted in the country in which you are located.
    3. Compliance with Laws: Each party will comply with all applicable Laws.
    4. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria, Australia.
    5. Entire agreement: These Terms constitutes the entire agreement between the parties about its subject matter and supersedes all previous agreements and understandings.
    6. Assignment: Neither party may assign or novate any right or obligation under these Terms without the other party's prior written consent, except that we may assign or novate these Terms to our related bodies corporate or in connection with a merger (including with a third party), consolidation or reorganisation of our assets.
    7. Relationship: Nothing in these Terms creates any partnership, joint venture or employment relationship between the parties. These Terms are not exclusive and you agree there are no restrictions on us providing the Service to any other person.
    8. Severability: If any part of these Terms is illegal or unenforceable, it will be severed and the remaining terms continue in full force and effect.
    9. Wavier: A single or partial exercise or waiver of a right relating to these Terms does not prevent any other exercise of that right or any other right.
    10. Survival: Any term of these Terms which is by its nature a continuing obligation, will survive termination.
  8. Definitions
    The following definitions apply in, and form part of, these Terms:

    Claim means any claim, demand, legal proceedings or cause of action whether based in contract, tort, under common law or statute.

    Illion, we, our, us means illion Australia Pty Ltd (ACN 006 399 677).

    Implied Term means any right, representation, remedy, warranty, condition, guarantee, term or undertaking that would be conferred on your or implied into the Agreement by Law, including any implied terms, conditions or warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

    Indirect Loss includes: (a) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss or opportunity, loss of anticipated savings, loss of use of data or loss of or damage to reputation; and (b) any indirect, special or consequential loss or damage whatsoever, even if it was reasonably foreseeable, arose naturally, or was contemplated by the parties in relation to the events giving rise to that Loss.

    Information means any information provided by us to you in connection with the Service, including information provided as data output, documentation, report or compilation of information.

    Laws includes any statute, regulation, order, rule, subordinate legislation, rule of common law, principle of equity, mandatory code or standard or other document enforceable under any statute, regulation, order, rule or subordinate legislation, as amended from time to time.

    Loss means losses, liabilities, damages, Claims, costs, charges and expenses, whether arising under statute, in tort (for negligence or otherwise) or any other basis in Law or equity.

    Personal Information has the meaning given to that term in the applicable Privacy Laws.

    Privacy Act means the Privacy Act 1988 (Cth), as amended or updated from time to time.

    Privacy Laws means all legislation, principles, industry codes and policies, as amended or replaced from time to time, which relate to the collection, use, disclosure, storage or granting of access rights to Personal Information, and includes the Privacy Act and the privacy laws of each other country in which Personal Information is received, collected, held, used or disclosed by a party in connection with the Services, as applicable.

    Service means your access to and use of our Website and the Information.

    Terms means these user terms and conditions.

    Territory means Australia.

    Website means the illion Express website, accessible at https://express.illion.com.au/.

    You, your means the party who uses the Service and agrees to be bound by these Terms.