illion TenderLink’s Reasonable Use Policy (“Policy”)
illion TenderLink’s Policy sets out the rules which apply to the use of illion TenderLink’s Services.
This Policy is to prevent exploitation, fraud, and abuse of illion TenderLink’s Services, including free portal access and document download features.
2. illion TenderLink’s Services
Procurement portal service: This service allows illion TenderLink’s procurement portal customers (“Customer”) to advertise eRFx opportunities to their own private suppliers, or publically across illion TenderLink’s network of suppliers via illion TenderLink’s paid notification service.
Free access to procurement portal service: This service allows free access to illion TenderLink’s procurement portal network, which is designed for suppliers who have a supply relationship (or are hoping to develop a supply relationship) with a Customer. Access is provided so that a Customer can invite suppliers to directly respond to an eRFx opportunity, or a supplier can respond directly to any public eRFx opportunity published by the procurement organisation who has licensed the portal on which they have registered. A supplier can download relevant documents and respond directly to the Customer as part of the eRFx management process.
Document download service: Document download service is provided to registered users to access eRFx documents for the purpose of responding to opportunities published by Customers. This facilitates a direct connection between a supplier and the Customer through the eRFx advertising, response collection, and eRFx award process. illion TenderLink provides available documents directly to suppliers who are intending to respond to an eRFx opportunity, allowing interested suppliers to download documents free of charge.
(collectively “illion TenderLink’s Services”)
This Policy applies to all individuals who access illion TenderLink’s Services (“User/s”). All Users of illion TenderLink’s Services have:
(a) an obligation to comply with this Policy; and
(b) a duty to ensure any third party that a User allowed to use the Services also complies with this Policy.
4. Reasonable Use
Reasonable document downloads usage involves Users downloading a maximum of 100 eRFx documents each year (unless specified otherwise in their subscription plan) from any illion TenderLink procurement portal for the sole purpose of responding to that eRFx notice. Where a User downloads documents in excess of allowed usage illion TenderLink reserves its right to charge the User per document downloaded.
Annual limit in respect of download of documents will not apply where:
(a) Purchaser organisation charges fees for downloads as per clause 4 of the Terms of Service or
(b) The Purchaser organisation invites a supplier to download documents.
5. Unreasonable Use
Users must not use, attempt to use or allow any third party on their behalf to use illion TenderLink’s Services for any of the following purposes:
(a) Downloading documents for any purpose other than reviewing an eRFx notice with the intention of directly responding to the eRFx notice.
(b) Downloading documents for the purpose of aggregating eRFx content onto another media platform for the purpose of commercial gain.
(c) Downloading documents for the purpose of developing market research for commercial benefit.
(d) Impersonate any person or entity or misrepresent a User’s or anyone else’s affiliation with a User or anyone else.
(e) Upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising, or promotional material.
(f) Take any action which may disrupt access to, cause damage to, or interfere with the proper operation of illion TenderLink’s Services and website, 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) Compromise the security and integrity of illion TenderLink’s Services and network.
(h) Act in a manner that negatively affects the ability of any User or illion TenderLink itself to engage in reasonable usage of illion TenderLink’s Services through its website or attempt to gain unauthorised access to illion TenderLink’s Services.
(i) Use illion TenderLink’s Services or devices in any way that is illegal, fraudulent, improper or inappropriate. This includes, but is not limited to, using any automated means to manipulate illion TenderLink’s Services or use illion TenderLink’s Services to violate any laws, rules, regulations or any third party’s intellectual property or personal rights.
(j) Use a robot, spider, scraper or other unauthorised automated means to access the illion TenderLink Services and website or information featured on them, or harvest information from them, for any purpose.
(k) Use illion TenderLink’s Services and website in a way that will result in complaints, disputes or claims, whether or not resulting in any financial cost or other liability to illion TenderLink or a User
(l) Use an anonymous proxy or other technique to prevent illion TenderLink from identifying a User’s location or IP address;
(m) Directly or indirectly use any content on illion TenderLink’s website (and any content through use of illion TenderLink’s Services) for the purpose of building, improving or providing any product or service that competes with all or any part of illion TenderLink’s Services.
(n) Authorise, aid or incite any other person to do or attempt to do any of the acts above.
Users agree that if they use illion TenderLink’s Services for any of the above purposes in this clause, such use will be a breach of this Policy and considered abnormal, unreasonable and/or impermissible usage.
Users are responsible for maintaining their security when using illion TenderLink’s Services, including the protection against unauthorised usage of illion TenderLink’s Services by a third party. illion TenderLink recommends that Users take appropriate security measures such as installation of a firewall and use of up to date and reputable anti-virus software. Users are responsible for any third parties that access illion TenderLink’s Services through their accounts.
7. illion TenderLink’s Monitoring Process
Where a User downloads a greater quantity of documents than stated in Clause 4 or based on current download activity is trending towards exceeding this annual limit then illion TenderLink may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers, and may take appropriate steps described below to enforce this Policy and the Terms of Service. This will not apply where a User and illion TenderLink have agreed in writing that a User may access a greater quantity than stated in Clause 4.
illion TenderLink may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of document downloads is not excessive, but that the level of download activity in a single month is abnormally high relative to the typical usage of 95% of the illion TenderLink customer base. illion TenderLink may also assess abnormal usage based on comparisons to the usage patterns and levels of its Users.
8. Consequences of breaches of this Policy
(a) If illion TenderLink reasonably considers that a User has breached this Policy, illion TenderLink reserves the right to review the breaching User’s account and take further action, including, but not limited to, immediate suspension or termination of such User’s access to illion TenderLink’s Services. illion TenderLink also reserves its other legal rights; and/or(a) If illion TenderLink reasonably considers that a User has breached this Policy, illion TenderLink reserves the right to review the breaching User’s account and take further action, including, but not limited to, immediate suspension or termination of such User’s access to illion TenderLink’s Services. illion TenderLink also reserves its other legal rights; and/or
(b) If illion TenderLink determines that a User is engaging in abnormal or impermissible usage, illion TenderLink will use commercially reasonable efforts to inform the offending User. This may include illion TenderLink providing the User with the opportunity to correct the User’s breach of this Policy either by upgrading the User’s current plan or placing the User on a new plan, whereby illion TenderLink may charge the User accordingly. If illion TenderLink affords a User with the opportunity to correct the User’s breach of this Policy and the User still fails to conform to this Policy then illion TenderLink may immediately suspend or terminate that User’s access; and/or
(c) Illion illion TenderLink reserves the right (in its sole discretion) to take any actions that it believes prudent or necessary to minimise or eliminate its potential liability, including, but not limited to, the release of any User’s information to a third party.
9. Amendments to this Policy
illion TenderLink reserves the right to amend this Policy from time to time.