illion Now Terms of use
1. What are these Terms about?
When do these Terms apply?
1.1 illion Now is provided by illion (illion, we, our or us) and these User Terms and Conditions (Terms) apply to your use and access of illion Now. By creating an account in illion Now, you (which includes your agents, employees or contractors whom you authorise to use and access illion Now) agree to be bound by these Terms.
1.2 Where you create an account in illion Now 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.
How can these Terms be changed?
1.3 We may, from time to time, amend these Terms at our sole discretion by giving you no less than One Month prior notice (e.g. via email or by publishing updates on illion Now). If you do not agree to the amended Terms, you may cancel your Plan prior to the end of our notice period. By continuing to access illion Now and/or continuing to use our Services from the end of our notice period, you agree to be bound by the amended Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Services shall be subject to these Terms.
2. What are your responsibilities?
2.1 In registering for, accessing and using illion Now, you must provide and maintain true, accurate, current and not misleading information about your organisation (or yourself in the case of an individual user).
2.2 In accessing and using the Information that we provide via illion Now, you must:
(a) comply with all applicable laws, including Privacy Laws.
(b) protect the Information from any unauthorised access, modification and disclosure or misuse, interference and loss; and
(c) not transfer, resupply, resell, repackage, copy, share, or otherwise disclose the Information to any third party (this is discussed more in clause 3.2).
2.3 You acknowledge and agree that:
(a) you hold all necessary right, title, consent and authority to provide the information you supply to us in connection with the Services for use in accordance with these Terms; and
(b) all consents and authorisations referred to in clause 2.3(a) relating to Personal Information comply with Privacy Laws.
3. How can you use the Information?
Licence to use the Information
3.1 You acknowledge that illion Now is only available to users located in, or accessing on behalf of a company or entity located in, Australia or New Zealand (Territory) and by accessing illion Now, you confirm that you are doing so within the Territory.
3.2 We grant you a limited, non-exclusive, non-sub-licensable, non-transferable licence to access illion Now and to use the Information for your lawful and legitimate internal business purposes only and for the period which you have an active Plan with us (Authorised Use). You agree that this licence is exclusive to you, subject to the conditions set out in these Terms and that you must not, unless otherwise agreed by us, transfer, resupply, resell, repackage, copy, share, transfer, or otherwise disclose the Information to any third party.
Third Party Data
3.3 The Information we supply to you may incorporate information sourced from third parties that we do not control (Third Party Data). You acknowledge and agree that:
(a) the Information is supplied to you on an “as is” and “as available” basis;
(b) the Information we supply relies on Third Party Data;
(c) neither we nor our third party providers warrant or guarantee the accuracy, availability, currency, completeness, timeliness or fitness for purpose of the Information; and
(d) to the extent permitted by law, we take no responsibility and exclude all liability for the Information, including any errors, inaccuracies or omissions.
Conditions of Use
3.4 Your use of the Information is subject to certain conditions. In using the Information, you acknowledge and agree that:
(a) 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;
(b) the Information is not provided for and must not be used for sales or marketing, or personal, domestic or household, purposes;
(c) the Information does not take account of your particular risks or circumstances and that you are solely responsible for any decision made or not made by you in reliance on the Information; and
(d) the Information must not be used to determine an individual’s eligibility for employment.
Unauthorised Use
3.5 Further to clause 3.4, in accessing illion Now and/or using the Information, you must not and must not attempt to (either directly or indirectly):
(a) scrape or copy content and/or Information from illion Now through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
(b) engage in any form of systematic extraction (either via manual or automated software, devices, scripts, robots or other means or processes) of all or part of the Information or illion Now, including the use of “screen-scraping”, “bots”, “crawl” and/or “spiders”;
(c) 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 illion Now or undertake any of the above to integrate our Services with or into any other software or create any derivate works from illion Now by any means;
(d) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
(e) compromise the security and integrity of illion Now, the Site and/or our Services;
(f) introduce, any virus, worm, trojan or other harmful or malicious code into, or otherwise corrupt, degrade or disrupt, illion Now, the Site or Information; or
(g) use illion Now, the Site or Information in a manner that is unreasonable, unlawful, likely to result in complaints or contrary to how illion Now, the Site or Information are intended to be used, as reasonably determined by us.
3.6 In the event of any unauthorised or fraudulent use of illion Now, we may:
(a) immediately suspend or cancel your access to the Services; and/or
(b) report any suspicious activity that we become aware of to enforcement agencies or credit providers.
3.7 We are not liable in any way for your use of illion Now with an unsupported web browser. In particular, we are not liable for any functionality errors or security breaches that occur through your use of a non-supported web browser or operating system. We are also not responsible for any network or internet unavailability and we do not guarantee any online Services will be continuously available.
4. How is Intellectual Property managed?
4.1 We (or our licensors) own all proprietary and intellectual property rights in the Information and the Information may comprise works of original authorship (including compiled Information containing our selection, arrangement, coordination and expression of such Information or pre-existing material we created, gathered or assembled), confidential and/or trade secret Information and Information that has been created, developed and maintained by us. You acknowledge that the misappropriation or unauthorised use of the Information by any person who is not authorised to use/access the Information would cause us irreparable harm which damages alone may be inadequate and we therefore, may seek remedies of injunction or specific performance for threatened or actual breach of this clause 4.1.
4.2 You must not (or permit by your agents, employees or any third party) to do any act or omit to do any act that would infringe our proprietary and intellectual property rights in the Information, and you agree to notify us immediately upon becoming aware or if you reasonably suspect a threatened or actual infringement of this clause 4.2.
5. How is the Free Trial provided?
When does this clause apply?
5.1 This clause 5 applies where you access a Free Trial as part of your Plan. You are eligible to access a Free Trial if you have not previously accessed a Free Trial before the Sign Up Date.
About the Free Trial
5.2 If your Plan includes a Free Trial:
(a) we will provide you with access to the Free Trial;
(b) these Terms will apply; and
(c) you will not be charged any Fees for the Free Trial.
5.3 You can cancel your Plan at any time before the end of the Free Trial Period by selecting ‘cancel renewal’ under the My Account > My Plan page in illion Now. If you cancel your Plan, your access to the illion Now Services will automatically cease at the end of the Free Trial Period.
5.4 If you do not cancel your Plan before the end of the Free Trial Period, then on the date immediately after the end of your Free Trial Period, the Subscription Period for your Plan will automatically commence.
6. How are the Plans provided?
When does this clause apply?
6.1 This clause 6 applies where you sign up to a Plan in illion Now.
How is the Plan provided?
6.2 We will provide you with access to your selected Plan in illion Now during the Subscription Period.
Subscription Fees
6.3 Unless you have cancelled your Plan under clause 6.7, we will, at the start of each Subscription Period, charge you the Subscription Fees for your Plan. You authorise and grant us permission to charge your Subscription Fees for each Subscription Period to the credit or debit card that you provide to us in illion Now.
Automatic renewal of your Plan
6.4 You acknowledge that your Plan will automatically renew for a further Subscription Period at the end of each Subscription Period (unless you cancel under clause 6.7).
Upgrading your Plan
6.5 You may upgrade your Plan at any time during the Subscription Period by selecting the ‘Upgrade’ option under the My Account > My Plan page in illion Now.
6.6 Where you upgrade your Plan during a Subscription Period:
(a) the Subscription Period will restart from the date you upgrade;
(b) we will charge you the Subscription Fees for the upgraded Plan on the date you upgrade in accordance with clause 6.3; and
(c) if you have any unused reports from your existing Plan that you did not use prior to the date of your upgrade, these will be applied to your upgraded Plan from the date of your upgrade and such unused reports will be available to you during the first Subscription Period of your upgraded Plan.
Cancelling your Plan
6.7 You can cancel your Plan at any time by selecting ‘cancel renewal’ under the My Account > My Plan page in illion Now. By doing so, your Plan will automatically terminate at the end of the current Subscription Period and you will not be charged any further Subscription Fees.
6.8 Unless provided under law, if you cancel your Plan during a Subscription Period, you are not entitled to a refund of any Subscription Fees that you have already paid in connection with that Plan.
6.9 We may cancel your Plan, or change, cancel of discontinue some or all of the Services, by giving you at least One Month’s prior written notice. If we notify you of a change of the Services, and you do not agree to the change, you can cancel your Plan (under clause 6.7) prior to the change coming into effect.
6.10 In the event of cancellation of your Plan or a Service, you agree that you are responsible for retrieving/downloading copies of any Information (e.g. copies of reports) stored by the Service prior to the date of cancellation.
7. Can I order Information outside of my Plan?
When does this clause apply?
7.1 This clause 7 applies where you order Information that is not included as part of your Plan (Additional Information).
What are the Fees?
7.2 We will charge you the Additional Fees for Additional Information at the time you order any Additional Information. The Additional Fees will be displayed to you at the time of your order.
7.3 You authorise and grant us permission to charge the Additional Fees to the card information you provide to us in illion Now.
8. What are the Fees and payment terms?
8.1 Unless expressly stated otherwise, all pricing displayed in illion Now is in Australian dollars, is inclusive of Australian GST, and all Fees will be charged in Australian dollars.
8.2 You are responsible for payment of all Fees for Services provided to you pursuant to these Terms and for providing us with a valid credit or debit card for payment of those Fees. You must advise us promptly of any changes to your card details during the Subscription Period.
8.3 You represent and warrant that you are authorised to use the credit or debit card provided to us for payment of the Fees, and that any and all Fees may be billed to that card.
8.4 If we are unable to collect payment for the Subscription Fees for any reason, including, without limitation, expiration or insufficient funds, we will notify you of this via email and your Plan will be cancelled. You may recommence your Plan by updating your card details (if required) and selecting a Plan under the My Account > My Plan page in illion Now.
8.5 We will issue you a valid tax invoice upon processing payment for any Fees. Tax invoices are available to view and download from the My Account > Billing page in illion Now.
8.6 We may increase our Fees (Fee Change) from time to time by giving you no less than One Month prior written notice (Notice Period) (e.g. via email or by publishing updates on illion Now). If you do not agree with a Fee Change, you may cancel your Plan at any time prior to the Fee Change taking effect. If you do not cancel your Plan prior to the end of our Notice Period, the Fee Change will take effect from: (a) the next Subscription Period immediately following the end of the Notice Period; or (b) a later date as set out in our notification to you.
9. How is liability determined under these Terms?
9.1 To the extent permitted by law, each party’s maximum aggregate liability for any Loss suffered or incurred in connection the Services 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.
9.2 Notwithstanding any other provision in these Terms, no party will be liable for Indirect Loss in connection with the Services.
9.3 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 Services, or payment of the reasonable cost of having the Services resupplied.
10. Are there any other terms which apply?
10.1 You agree that our Privacy Policy (accessible here) forms part of these Terms and applies to Information collected from you or disclosed by you to us.
10.2 We may suspend or cancel your access to illion Now if you breach, or we reasonably suspect you have breached, a material term of these Terms. We will give you 5 business days’ prior notice unless the breach is determined by us to be sufficiently material to warrant urgent suspension or cancellation, or we are otherwise required by a court, third party or regulator to suspend Services sooner. If the circumstances that gave rise to a suspension are rectified and are unlikely to be repeated, we will reinstate your access to illion Now.
10.3 You acknowledge that, by creating an account in illion Now, you are automatically opted-in to receive marketing communications from us. You can opt-out of marketing communications at any time from the My Account > My Details page in illion Now.
11. How do I interpret these Terms?
11.1 These Terms constitute the entire agreement between you and illion concerning your use of illion Now and the Information and the terms are governed by and construed in accordance with the laws of the State of Victoria (where the Territory is Australia) or Auckland, New Zealand (where the Territory is New Zealand). References to a party includes their permitted assignees, transferees and successors. No delay or failure by illion to exercise a right under the Terms prevents the exercise of that right or any other right on that or any other occasion.
12. Definitions
Additional Fees means the fees payable by you to us for any Additional Information ordered through illion Now and are additional to the Subscription Fees.
Claim means any claim, demand, legal proceedings or cause of action whether based in contract, tort, under common law or statute.
Fees means Subscription Fees and Additional Fees (as applicable).
Free Trial means the provision by us to you of access to illion Now during the Free Trial Period. The Free Trial will only include access to free trial Information (as described in illion Now).
Free Trial Period commences on the Sign Up Date and continues for the lesser period of: (a) 14 days; or (b) the date you commence your illion Now Plan.
illion means illion Australia Pty Ltd (ACN 006 399 677).
illion Now means the illion website available at www.illion.com.au/now which enables you to access certain Information and Services (as further described in illion Now).
Implied Terms means any right, representation, remedy, warranty, condition, guarantee, term or undertaking that would be conferred on you or implied into these Terms by law (including consumer laws in Australia and New Zealand), and also includes any implied terms, conditions or warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Indirect Loss includes loss of profits, loss of revenue, loss of goodwill, loss of customers, loss or opportunity, loss of use of data or loss of or damage to reputation and any indirect, special or consequential loss or damage, or damages that could not have been reasonably contemplated by the parties at the Sign Up Date.
Information means any information supplied by us to you as part of the Services and includes all information that you access as part of your Plan or a Free Trial in illion Now.
Loss means losses, liabilities, damages, Claim, costs, charges and expenses, whether arising under statute, in tort (for negligence or otherwise) or any other basis in Law or equity.
One Month means one calendar month.
Personal Information has the meaning in the applicable Privacy Laws.
Plan means a subscription to a defined package of Information (as further described on illion Now) that we make available to you in illion Now during the Subscription Period.
Privacy Act means the Privacy Act 1988 (Cth) (if the Territory is Australia) and the Privacy Act 2020 (NZ) (if the Territory is New Zealand), each as amended or replaced 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.
Privacy Policy means the illion privacy policy available at: https://www.illion.com.au/privacy-policy-risk-marketing-solutions/.
Services means all illion Now products and services.
Sign Up Date means the date you first create your account in illion Now (as confirmed by us in an activation email).
Site means the illion website available at the URL https://www.illion.com.au.
Subscription Fees means the fees payable by you to us for your access to a selected Plan.
Subscription Period means a period of one calendar month.
You includes any entity or organisation that you act on behalf of, and the people represented. If your organisation is trading as a trust, you confirm that the trustee will be liable for this Information and the Services and that the assets of the trust are available to meet payment for this Information and the Services.