Terms of Use

Last updated 27 June 2019

You are bound by these Terms of Use (including our Privacy Policy) each time you create an account and browse the illion Credit Check Website, or use any of our Services. These Terms of Use may be updated from time to time in accordance with clause 7.1.

Capitalised terms have the meaning given in the main body of these Terms of Use, or in clause 15.

  1. SERVICES
    1. We provide you with the following services (together, the Services):
      • (a) access to your personal credit score and other credit information about you from a Credit Reporting Body/ Credit Reporter (Personal Credit Information); and
      • (b) insights and information about your
    2. If you access your:
      • (a) Personal Credit Information, you will also be able to query information on your credit report using the “question this” function.
    3. We grant you a non-exclusive, non-transferable, limited, revocable licence to use the Services within Australia or New Zealand for your personal and non-commercial use in accordance with these Terms of Use.
    4. You warrant that you will at all times comply with all relevant laws and regulations in your access and use of the Services, and provide true and accurate information, and you will cooperate in any investigation relevant to your use of the Services.
    5. You must keep your username and password (Login) confidential. You must not disclose to or allow another person to use your Login. Please change your password and contact us immediately if you become aware of any unauthorised use of your Login or any other breach of security.
  2. TERM & ELIGIBILITY
    1. Your access to the Services continues until (a) you cancel your illion Credit Check account in Australia by emailing us at pac.austral@illion.com.au (or NewZealand - pacnz@illion.co.nz) in which case we will terminate your account as soon as practicable); or (b) the Services are suspended or terminated by us in accordance with clause 6.
    2. To be eligible to use our Services you must be:
      • (a) 18 years of age or older and meet our identity verification requirements to confirm this; and
      • (b) resident in Australia (or New Zealand) – you must provide a current residential address in Australia (or New Zealand) when you register for illion Credit Check and you must terminate your account if you are no longer a resident of Australia (or New Zealand) in the future.
    3. You must register for the Services in your personal capacity, and not through an agent or on behalf of any other person. On request you must provide confirmation of your identity, current address or any information you provide to us. We may report any unauthorised use of our Services as fraud, and may report any other suspicious activity using the illion Credit Check to enforcement agencies or credit providers.
  3. PROHIBITED CONDUCT
    1. You must not:
      • (a) directly or indirectly use any content on illion Credit Check for the purpose of building, improving or providing any product or service that competes with all or any part of our Services or has similar features or functionality;
      • (b) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
      • (c) use a robot, spider, scraper or other unauthorised automated means to access the illion Credit Check, for any purpose;
      • (d) use the Services for any fraudulent or unlawful purpose, or in a way that will result in complaints, disputes or claims, costs or liability to us or you, or publish any material in any forum by any means that is, offensive, discriminatory, unlawful, threatening, harassing, defamatory, false, inaccurate or misleading;
      • (e) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the illion Credit Check or our Services, 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; or
      • (f) do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services.
  4. INTELLECTUAL PROPERTY RIGHTS
    1. We (or our licensors) own all rights to the illion Credit Check Website and Services (including all logos and trademarks) and all the content available through the Services, whatever its nature (Site Content). You may not use or reuse in any form or by any means, any Site Content without our express prior written consent. Nothing on the illion Credit Check Website or Service should be interpreted as granting (by implication or otherwise) any license or right to use any of the Site Content or trademarks displayed on the illion Credit Check Website, including by linking or framing. We prohibit the use of any of our trademarks as part of a link to or from any other website unless establishment of such a link is approved in writing by us in advance. All rights not expressly granted to you are expressly reserved by us.
    2. We continue to own all of our Intellectual Property Rights that existed at the time of your acceptance of these Terms of Use or your use of the Services (whichever occurs first). You acknowledge that we continue to own all right, title and interest (including Intellectual Property Rights) in our Services at all times.
    3. You agree that all right, title and interest (including Intellectual Property Rights) in any enhancements, improvements or modifications to our Services (Enhancements) vest in us on creation. To the extent you acquire any Intellectual Property Rights in any Enhancements, you hereby assign those Rights to us with effect from acquisition, and agree to do all things reasonably required by us to give effect to this assignment.
  5. PRIVACY
    1. We will collect, use and disclose Personal Information in accordance with our Privacy Policy, and in accordance with all privacy and any other applicable laws, including any determination, code or guideline issued under those laws (in each case as amended or replaced at any time) (Privacy Laws).
  6. TERMINATION & SUSPENSION
    1. You may cancel your illion Credit Check account at any time, in accordance with clause 2.1.
    2. We reserve the right to deny, suspend or terminate your illion Credit Check account and/or access to the Services (in whole or in part) at any time, for any reason whatsoever (including any breach of these Terms of Use), at our absolute discretion. Where it is possible, we will notify you in writing of any suspension or termination and the reasons for it. If we terminate your illion Credit Check account, your access to all Services will automatically terminate.
    3. On termination of any Services (in whole or in part) the following provisions apply in respect of the Services that are terminated: (a) each licence granted by us in respect of the Services also terminates; and (b) you must immediately cease using the Services. On termination of any Services (in whole), we will delete your Personal Information, except to the extent we’re required by law or by our internal document retention policies to retain it, or have the right to retain it under any rights granted to us through our Privacy Policy.
  7. CHANGES AND MODIFICATIONS
    1. We may amend these Terms of Use and our Privacy Policy from time to time at our sole discretion by publishing an updated version on the Website. You should check the Terms of Use and our Privacy Policy regularly, prior to using the Website, to ensure you are aware of any changes, and only proceed to use the Website if you accept the new Terms of Use and Privacy Policy (as applicable). Your continued use of our Services following any amendments indicates that you accept the amendments.
    2. We reserve the right to change, cancel or discontinue (temporarily or permanently) the Services at any time. If we cancel or discontinue the Service (where not due to your acts or omissions or breach) we will endeavour to provide you with notice (which may include notice via the Website).
  8. DISCLAIMER & LIABILITY
    1. Disclaimer & Liability –While we endeavour to provide the Services (including all information forming part of the Services) accurately and in accordance with the Service’s stated description, you acknowledge the following (to the extent permitted by law and subject to clause 9.2):
      • (a) the Services are provided strictly on an “as is” and “as available” basis;
      • (b) we exclude all liability to you for:
        • (i) any delay or unavailability of the Services, or the Services being out-of-date;
        • (ii) any data loss or corruption, or any viruses or other harmful components associated with Services;
        • (iii) any use of the Services by you, including any financial decision or action taken by you or anyone else in reliance on the information provided on the Website or through the Services. We recommend that you seek advice from an appropriately-qualified financial adviser before making any decisions based on the information provided by the Services; and
        • (iv) any fraudulent or unauthorised registration of an illion Credit Check account;
      • (c) we are not liable to you (whether in contract, tort, negligence or otherwise) for any loss of profit, revenue, anticipated savings, goodwill, reputation or opportunity, or any other indirect or consequential loss;
      • (d) to the extent we have any liability to you in relation to the Services or under these Terms of Use, our liability is limited to the supply of the Services; and
      • (e) to avoid doubt, references to the “Services” for the purposes of this clause 8.1 will also include your Credit Information and information given by or accessed in connection with your use of the illion Credit Check website, including from your banks and other credit or service providers.
    2. Without in any way limiting clause 8.1, the following disclaimers also apply (to the extent permitted by law):
      • (a) Credit Reports – If you use illion Credit Check to access your Personal Credit Information, we do not represent that any debt identified on a credit report represents all amounts owing by you to all or to any particular lender. For example (without limitation):
        • (i) your personal credit report may show a default amount that satisfied the criteria for “Credit Defaults” under the Privacy Laws whereas the total debt amount may be different;
      • (b) Not financial advice –We do not provide any personal financial, legal or tax advice. You should seek advice from an appropriately qualified financial adviser before making any decision in relation to credit and or repayment of a debt if you need assistance; and
      • (c) Countries –Use of our Services is strictly limited to residents of New Zealand and Australia. We make no representation or warranty that our Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. If you access our Services when you are travelling, you are responsible for ensuring that your access to and use of the Service is not restricted or prohibited in that country.
    3. The limitations on our liability and disclaimers set out in this clause 8 also apply to our Related Bodies Corporate and service providers.
  9. IMPLIED WARRANTIES
    1. To the maximum extent permitted by law, and subject to clause 9.2 and 9.3, any representation, warranty, condition, guarantee or undertaking that would be implied into these Terms of Use by legislation or otherwise is excluded. In particular, we do not warrant that the accuracy, adequacy, timeliness or completeness of information available on illion Credit Check is suitable for your intended use.
    2. Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Privacy, Consumer Law or any other applicable law that cannot be excluded, restricted or modified (Non-Excludable Obligation). However to the fullest extent permitted by law, our liability for a breach of a Non-Excludable Obligation is limited, at our option, to the cost of supplying the Services again or payment of the cost of having the Services supplied again.
    3. If you are using, or holding yourself out as using, the illion Credit Check “in trade” (as defined in the Consumer Guarantees Act 1993 (CGA)), the provisions of the CGA do not apply to any services we provide to you. If you are not using or holding yourself out as using the illion Credit Check “in trade”, nothing in these Terms of Use will exclude, restrict or modify any guarantee, right or remedy that you may have under the CGA.
  10. LIABILITY AND INDEMNITY
    1. You indemnify us from any Third Party Claims against us which arise due to (i) your breach of these Terms of Use or (ii) any of your acts or omissions in connection with these Terms of Use or your use of the Services or Website.
    2. Your liability under the indemnity is reduced to the extent that liability was caused or contributed by us, and we shall endeavour to: (a) promptly give written notice to you of the Third Party Claim; and (b) at our discretion, allow you to conduct the defence and settlement of that claim (provided that it will not detrimentally impact us).
    3. You acknowledge and agree that this clause 10 is fair and reasonable in the context of the Services being provided to you at no charge.
  11. CONFIDENTIALITY
    1. Each party must (unless expressly agreed otherwise): (a) use Confidential Information only for the purposes of the Services; and (b) keep confidential all Confidential Information and only disclose Confidential Information of the other party to its personnel who need to know for the purposes of providing the Services.
    2. The confidentiality obligations in clause 11.1 do not apply to information that: (a) is or becomes legally in the public domain at the time of disclosure without a breach of clause 11.1; (b) is legally obtained from a third party; (c) was already in the possession of a party at the time of disclosure without any associated obligation of confidentiality; (d) has been independently developed by a party; or (e) is required to be disclosed by law or the rules of a stock exchange.
  12. FORCE MAJEURE
    1. Neither party shall be liable for non-performance or delays caused by an external event beyond the reasonable control of a party, including, without limitation, acts of war, terrorism, cyber or data security attack, civil commotion, epidemic, natural disasters, blockades, embargoes, strikes and lockouts, any other acts of god or act of any government or governmental agency (Force Majeure Event).
  13. NOTICES
    1. You agree that any notices or other communications may be provided to you electronically (either by posting messages on illion Credit Check Website, or via the email you have provided as part of the registration process). You may send notifications to us in Australia via by emailing us at pac.austral@illion.com.au (or NewZealand - pacnz@illion.co.nz)
  14. GENERAL
    1. Assignment –You must not assign or novate these Terms of Use. We may assign our rights under, or novate, these Terms of Use to any of our Related Bodies Corporate or in connection with a merger or consolidation involving us or the sale of substantially all of our assets.
    2. Delay –No delay or failure by either party to exercise a right under these terms prevents the exercise of that right or any other right on that or any other occasion.
    3. Severability –If any part of these terms is illegal or unenforceable, it will be severed from these terms and the remaining terms will continue in full force and effect.
    4. Survival –Any provision of these Terms of Use which is by its nature a continuing obligation will survive termination of these Terms of Use (e.g. clause 8 (Disclaimer and Liability), clause 9 (Implied Warranties) and clause 10 (Liability and Indemnity)).
    5. Laws –These Terms of Use are governed by the laws of Victoria, Australia.
    6. Interpretation –A word importing the singular includes the plural and vice versa, and references to “including” and “for example” shall be construed with the words “without limitation”.
    7. References to our Related Bodies Corporate and service providers are intended to confer a benefit on those companies, and be enforceable by those companies.
  15. DEFINITIONS
    • Confidential Information means all information that could be reasonably regarded in the circumstances as confidential and not part of the public domain, including a party’s business affairs.
    • Consumer Law means all applicable consumer law in either Australia or New Zealand as appropriate.
    • Credit Information means, as applicable, Personal Credit Information (as each is defined in clause 1.1).
    • Credit Reporting Body/ Credit Reporter means illion Data Registries Pty Ltd (ABN 38 101 620 446) for Australia or illion New Zealand Limited (Co No. 6461832).
    • Intellectual Property Rights means (a) all intellectual property rights, including current and future registered and unregistered rights, in respect of copyright, designs, circuit layouts, trade marks, trade secrets, patents, inventions, discoveries, know-how, confidential information; (b) applications for registration and the right to apply for registration, for any of the above; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
    • Personal Information means personal information (as defined in the Privacy Laws) that you provide to illion Credit Check or authorise illion Credit Check to collect at any time.
    • Privacy Lawshas the meaning in clause 5.1.
    • Privacy Policy means the illion Privacy Policy (as amended from time to time) located at illion.com.au or www.illion.co.nz .
    • Related Body Corporatehas the meaning given to that term in section 9 of the Corporations Act 2001 (Cth) for Australia, or, for New Zealand, has the meaning of “related company” in the Companies Act 1993.
    • Serviceshas the meaning in clause 1.1.
    • Terms of Use means these Terms of Use, together with our Privacy Policy available at illion.com.au or www.illion.co.nz.
    • Third Party Claim means any claim, suit, action or demand by a third party, and will include any directly related liability, cost, damage or expense (including a fine or penalty imposed by a regulator).
    • We or Us means illion Australia Pty Ltd (ABN 95 006 399 677), illion New Zealand Limited (Co. No. 361901), and their Related Bodies Corporate.
    • Website means the website available at illion.com.au or www.illion.co.nz or any other illion website hosting the Services.
    • You means the end user that is accessing or using the Website or Services.