Terms of Use

Last updated September 2021

You are bound by these Terms of Use (including our Privacy Policy) when 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 (through the Website):
      • (a) access to your personal credit score and other credit information from the Credit Reporter (Personal Credit Information); and
      • (b) the ability to query information on your credit report using the “Dispute this” function, (together, the Services).
    2. To access the Services, you authorise the Credit Reporter to provide you with your Personal Credit Information. We may send you essential information regarding your account and use of the Services.
    3. We grant you a non-exclusive, non-transferable, limited, revocable licence to use the Services within 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 by emailing us at 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 New Zealand – you must provide a current residential address in New Zealand when you register for illion Credit Check and you must terminate your account if you cease to be a resident of New Zealand.
    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 regarding the use of 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 Website or information for any purpose;
      • (d) reverse engineer, derive the source code of, tamper with, decompile, modify, create derivative works of the Website including any updates to the Website
      • (e) use the Services for any fraudulent or unlawful purpose, or in a way that will cause us to breach any applicable laws, regulations, rule or code (including privacy law or intellectual property rights), 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;
      • (f) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Website 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;
      • (g) do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services; or
      • (h) use the Services under false pretences.
      We reserve the right to monitor the use of the Services. Without limiting any other rights under this Terms of Use or any of your rights under applicable laws, we may terminate your Services if there is a breach by you of any provision under this clause.
  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, including the Personal Credit Information (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, other than as set out in clause 1.3 above. 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. You acknowledge that we (or our licensors) 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 the illion Privacy Policy, and in accordance with all privacy and any other applicable laws, including any determination, code or guideline issued under the laws in New Zealand (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.
  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 read 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 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, other than for our breach of clause 5 (Privacy) or under the indemnity in clause 10.2 (Third Party Claims), 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 – 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;
        • (ii) additional interest and default fees may have accrued on your debt; and
        • (iii) you may have made payments to a lender which the lender has not yet notified to credit reporters.
      • (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. 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. We indemnify you from any Third Party Claims against you which arise due to our Services infringing a third party’s intellectual property rights (except to the extent caused by you and/or your breach of these Terms of Use). If our Services are alleged to infringe a third party’s intellectual property rights, we may, at our sole option and expense, elect to modify or replace the Services so they are non-infringing, or cancel supply of the Services and terminate these Terms of Use. To the extent permitted by law, this clause states our sole liability, and your sole remedy, with respect to our Services infringing a third party’s intellectual property rights.
    3. Each party’s liability under the indemnity is reduced to the extent that liability was caused or contributed by the other, and an indemnified party must: (a) promptly give written notice to the indemnifying party of the Third Party Claim; and (b) allow the indemnifying party to conduct the defence and settlement of that claim (provided the indemnified party is not detrimentally impacted).
    4. 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.
  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 by emailing us at 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 New Zealand.
    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 the Fair Trading Act 1986 (NZ) and the Consumer Guarantees Act 1993 (NZ).
    • Credit Reporter means 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 Credit Information is as defined in clause 1.1.
    • Privacy Laws has the meaning in clause 5.1.
    • Privacy Policy means the illion Privacy Policy (as amended from time to time) located at https://www.illion.co.nz/privacy-policy-risk-marketing-solutions.
    • Related Body Corporate has the meaning given to “Related Company” in section 2(3) of the Companies Act 1993 (read as if the expression “company” in that section included any body corporate wherever incorporated or established).
    • Services has the meaning in clause 1.1.
    • Terms of Use means these Terms of Use, together with our Privacy Policy available at 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 illion New Zealand Limited (Co. No. 361901), and its Related Bodies Corporate.
    • Website or illion Credit Check Website means the website available at www.creditcheck.illion.co.nz or any other illion website hosting the Services.
    • You or your means the end user that is accessing or using the Website or Services.