1 What are these Terms about?
This clause 1 applies to all Services.
When do these Terms apply?
1.1 These Terms of Service (“Terms”) apply to your access to and use of the illion TenderLink Services (“Services”). By registering for and using the Services, you agree to be bound by these Terms.
1.2 These Terms are structured as follows:
(a) Clauses 1 to 3 and 7 to 14 applies to all use of the Services;
(b) Clause 4 applies only to Suppliers who sign up for a Subscription Plan;
(c) Clause 5 applies to all Suppliers (whether or not they have a Subscription Plan); and
(d) Clause 6 applies only to Casual Advertisers.
1.3 If you access or use the Services on behalf of a company or other legal entity, you confirm that you are 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?
1.4 We may amend these Terms from time to time by giving you at least 30 days’ prior written notice. If you do not agree to the amended Terms, you may stop using the Services (and where applicable, cancel your Subscription Plan) prior to the end of our notice period. By continuing to access and use the Services from the end of our notice period, you agree to be bound by the amended Terms. Unless expressly stated otherwise, any new features that augment or enhance the Services are subject to these Terms.
2 How are the Services provided?
This clause 2 applies to all Services.
2.1 We will provide the Services to you: (a) on a software-as-a-service basis, hosted and managed via our Website; and (b) in accordance with these Terms.
2.2 The Services incorporate information provided by third parties (e.g. Procurers and Casual Advertisers) that we do not control (Third Party Information). You acknowledge and agree that: (a) the Services rely on Third Party Information; (b) we do not warrant or guarantee the accuracy, availability, currency, completeness, timeliness or fitness for purpose of the Third Party Information; and (c) to the extent permitted by Law, we take no responsibility and exclude all liability for the Third Party Information, including any errors, inaccuracies or omissions.
2.3 You acknowledge and agree that: (a) the Services are supplied to you on an “as is” and “as available” basis; (b) where the Services are supplied online or use communication links or networks, we are not responsible nor liable for the unavailability of those links or networks; and (c) you are solely responsible for any decisions made or not made by you or your Authorised Users in relation to the use of the Services.
2.4 To the extent that you publish eNotices or otherwise upload content and/or information to the Services (Uploaded Data), 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, the Uploaded Data to the extent required to deliver the Services to you and other third parties and for any other lawful purpose not expressly prohibited by you.
3 How can you use the Services?
This clause 3 applies to all Services.
Licence to use the Services
3.1 We grant you a limited, non-exclusive, non-sub-licensable, non-transferable licence (Licence) to access and use the Services for the Authorised Use during the Service Term. 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, or share the Services with any third party.
Authorised Users
3.2 You may provide your Authorised Users with access to the Services, in which case: (a) you must ensure that your Authorised Users comply with these Terms and any reasonable directions from us regarding their use of the Services; (b) you acknowledge that you are responsible for all use of the Services by your Authorised Users; and (c) you acknowledge that we may disable Authorised Users that are dormant, deemed inactive or who we suspect have breached these Terms (as reasonably determined by us).
Conditions of use
3.3 In registering for, accessing and using the Services, you must provide and maintain true, accurate, current and not misleading information about yourself, your organisation and your Authorised Users (as applicable).
3.4 You must:
(a) only use the Services in accordance with the Authorised Use and applicable Laws;
(b) comply with any reasonable directions issued by us from time to time;
(c) keep all Credentials secure and confidential and (i) promptly notify us if you become aware of any unauthorised use or access of any Credentials; and (ii) immediately change the affected Credentials and take any other security action we reasonably direct;
(d) protect the Service from unauthorised use, alteration, adoption, modification, reproduction, access, publication and distribution;
(e) keep your computer systems, network and internet connectivity secure in accordance with good computer security practices; and
(f) ensure the information you provide in connection with a Services is accurate, up-to-date, not misleading or deceptive and does not contravene any applicable Laws or infringe the rights of any person.
3.5 The Services may contain links to other websites or applications (Third Party Sites), you acknowledge that: (a) we do not control and are not responsible for the Third Party Sites; (b) we do not endorse or make any representations about those Third Party Sites, their content, or any offers of products or services provided by or on them; and (c) if you access any Third Party Sites, you do so entirely at your own risk.
3.6 As part of our ongoing account management processes, we may: (a) merge duplicate accounts; and (b) archive or deactivate accounts which are inactive for a period of 12 months or more.
3.7 You agree that we may electronically monitor you and your Authorised Users use of the Services to: (a) ensure your compliance with these Terms; (ii) to meet our security requirements; (b) to prevent fraud and unauthorised or illegal use; and (c) to assist us in understanding how the Services are being used (for example, usage patterns, visitor movements, and search options requested). You are responsible for procuring any consents from your Authorised Users in relation to this clause.
Unauthorised Use
3.8 You must not and must not attempt to, in connection with the Services:
(a) resupply, resell or repackage the Services;
(b) permit any person (other than an Authorised User) to access or use the Services;
(c) except as reasonably required for the Authorised Use: (i) reuse, copy, download, upload, modify, translate, adapt, make any improvement or enhancement to or in any other way reproduce, a Service; (ii) incorporate any information derived from a Service in a database, marketing list or report; (iii) use a Service to generate any statistical, comparative or other information that may be provided to any third party (including as the basis for providing recommendations to others) or (iv) permit a third party to do any of (i), (ii) or (iii) above;
(d) access or use the Services if you are directly or indirectly involved (in any capacity) in the operations of a service that competes with our Services. We will disable access for any accounts or users who we reasonably believe are in breach of this clause.
(e) use the Services for the purpose of: (i) market research; (ii) building, improving or providing any product or service that competes with all or any part of our products or services or has similar features or functionality to our products or services; or (iii) benchmarking our Services against any product or service that competes with any of our Services or has similar features or functionality, or viceversa;
(f) upload, post, e-mail or otherwise transmit any unsolicited or unauthorised advertising or promotional material;
(g) use an anonymous proxy or other technique to prevent us from identifying your location or your IP address;
(h) reverse engineer, disassemble, decompile, derive the source code of, tamper with any Service (or permit a third party to do so);
(i) circumvent any technological measures that are designed to prevent unauthorised use or access to any part of a Service;
(j) engage in any form of systematic extraction of all or part of any Service, such as “screen-scraping”, or use of “bots” and/or “spiders”;
(k) introduce, directly or indirectly, any virus, worm, trojan or other harmful or malicious code into, or otherwise corrupt, degrade or disrupt, the Service;
(l) use the Services in a manner that is unreasonable, unlawful or contrary to how the Services are intended to be used, as reasonably determined by us;
(m) post any material that: (i) would cause you or us to breach any Laws (including Privacy Laws) or Intellectual Property Rights; (ii) defames, harasses, threatens, menaces, offends or restricts any person; (iii) is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, discriminatory, blasphemous or in breach of confidence; (iv) brings or could reasonably be expected to bring us or the Services into disrepute; or (v) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us.
4 How are the Subscription Plans provided?
This clause 4 only applies to Suppliers who sign up to a Subscription Plan.
How are the Subscription Plans provided?
4.1 Your Subscription Plan will set out the details of your subscription, including: (a) the Subscription Term; (b) the number of users, search regions and document downloads included in the plan; (c) the Subscription Fees; and (d) the accepted payment methods.
Subscription Fees
4.2 We will charge you the Subscription Fees at the start of each Subscription Period.
4.3 Where your selected payment method is credit or debit card: (a) you confirm that you are authorised to use that card for payment of the Fees; and (b) you authorise and grant us permission to charge the Subscription Fees to the card details you provide to us.
4.4 Where your selected payment method is direct debit, you agree that your Subscription Fees constitute amounts owing by you under the Direct Debit Request Service Agreement. You request and authorise us, through our contracted service provider (Fat Zebra Pty Ltd ACN 154 014 785), to debit the Subscription Fees from your nominated bank account or credit/debit card in accordance with these Terms and the terms of the Direct Debit Request Service Agreement.
4.5 If the payment by credit/debit card or direct debit fails on the due date, the system and/or we will re-attempt payment. If we are unable to collect the Subscription Fee for any reason (including, without limitation, expiration or insufficient funds), for 2 of more days beyond the due date: (a) you remain responsible for any uncollected amounts; and (b) we may suspend your access to the Services until full the unpaid Fees are paid in full, at which time our Services will be reinstated for the remainder of your Subscription Term. We will notify you if your access has been suspended due to non-payment.
4.6 Where your selected payment method is payment upon invoice (only available for annual Subscription Plans), we will invoice you and you must pay the Fees by the due date set out on the invoice. If any Fees are overdue for payment by more than 3 Business Days and, having notified you of this, you have not rectified it within 3 Business Days of the date of such notice, we may suspend the Services until the unpaid Fees are paid in full, at which time our Services will be reinstated for the remainder of your Subscription Term.
4.7 If you request additional inclusions in excess of your selected Subscription Plan or our Fair Use Policy (e.g. additional users, regions or downloads) agreed additional fees (which will be advised on request) will apply (Add-On Fees).
4.8 We will issue you with a tax invoice for the Subscription Fees each month following receipt of payment. Tax invoices are available to view and download in the eNotification Portal.
4.9 We may increase our Subscription Fees (Fee Change) from time to time by giving you at least 30 days’ prior written notice (Notice Period). If you do not agree with a Fee Change, you may cancel your Subscription Plan prior to the Fee Change taking effect. If you do not cancel prior to the end of our Notice Period, the Fee Change will take effect from either: (a) the end of the Notice Period; or (b) a later date as specified in our notice to you.
Automatic renewal of your Subscription Plan
4.10 You acknowledge that your Subscription Plan will automatically renew for a further Subscription Term at the end of each Subscription Term, unless either party provides notice of non-renewal to the other party at least 5 Business Days’ prior to expiry of the current Subscription Term. You can provide notice to us by email to your account director or renewals@tenderlink.com.
4.11 We will endeavour to notify you of any automatic renewal prior to the renewal date. If we do not remind you for any reason, you may terminate the Subscription Plan at any time following such automatic renewal.
Cancelling your Plan
4.12 You may cancel your Subscription Plan:
(a) for monthly Subscription Terms, by giving us at least 5 Business Days’ notice prior to the end of your current Subscription Term, in which case your cancellation will be effective from the end of that Subscription Term; or
(b) for annual Subscription Terms, by giving us at least 30 days prior notice, in which case your cancellation will be effective from the end of your notice period. Where applicable, we will issue you with a pro-rated refund for any Subscription Fees paid annually in advance that relate to remainder of that annual Subscription Term after cancellation.
Plans are non-transferable
4.13 Your Subscription Plan is not transferable to any third party for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your Subscription Plan.
5 Additional terms for Suppliers
This clause 5 applies to all Suppliers.
5.1 You acknowledge and agree that our Fair Use Policy (as updated and notified to you from time to time), which sets out the maximum permitted usage for document downloads and eProcurement Portal registrations, applies to all Suppliers in addition to these Terms.
5.2 You are solely responsible for ensuring that any Submissions are made in accordance with relevant Procurer’s requirements set out in the relevant eNotice, including (a) any terms and conditions; (b) any required format; (c) the deadline for making Submissions; and (d) the accepted method/process for making a Submission (which may not always be electronic or via the Website).
5.3 If you elect to participate on a specific eProcurement Portal, Document Download Fees (which are set by the relevant Procurer) and will be displayed to you at the time of download. Where applicable, you authorise and grant us permission to charge the Document Download Fees to the credit or debit card that you provide to us at the time of download. Tax invoices for the Fees will be issued to your Prime User via email following receipt of payment.
5.4 You acknowledge that: (a) we do not control the requirements set by Procurers with respect to Submissions and do not act in any capacity (e.g. your agent or intermediary) with respect to influencing or amending the rules, practices or procedures set by the relevant Procurer such as deadlines, information to be provided, or the format of Submissions.
6 How is the Adcentre Portal provided?
This clause 6 only applies to Casual Advertisers.
6.1 Advertising Fees apply to the advertisement of eNotices on the Adcentre Portal, which will be displayed to you at the time of your request.
6.2 We will charge you the Advertising Fees at the time of your request to publish the eNotice. You authorise and grant us permission to charge the Advertising Fees to the credit or debit card that you provide to us at the time of publication. Tax invoices for Advertising Fees will be issued to your Prime User via email following receipt of payment.
6.3 You acknowledge that if payment for the Advertising Fee fails, the eNotice will not be published and information entered during the creation of the eNotice may be lost.
7 How is Intellectual Property managed?
This clause 7 applies to all Services.
Intellectual Property Rights in respect of the Services
7.1 You and we each own and continue to own all of our respective Pre-Existing IP. If any of your Pre-Existing IP forms part of any of our Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free licence to use and modify that Pre-Existing IP only to the extent required to deliver the Services.
7.2 We, or our licensors, own all right, title and interest, including Intellectual Property Rights, in the Services at all times. We do not, at any time, transfer any ownership rights in the Services and we reserve all rights not expressly granted.
7.3 All right, title and interest, including Intellectual Property Rights, in any Enhancements and Joint IP vests in us on creation. If you acquire any Intellectual Property Rights in any of our Services, Enhancements or Joint IP, you assign those Intellectual Property Rights to us with effect from acquisition and agree to do all things reasonably required by us to give effect to such assignment.
Intellectual Property Rights in respect of eNotices
7.4 All content and information contained within or associated with the eNotices is owned by or licensed to us and is protected by copyright. Any unauthorised copying, re-publication or use of the eNotices may violate copyright, trademark, and/or other Laws;
7.5 We authorise you to view, download, print and copy copies of the eNotices as strictly necessary for your own use for the purposes of considering and responding to eNotices. You must ensure all copyright and/or other proprietary rights contained in the original eNotices or any copy you make of the eNotices are retained;
7.6 You must not download any eNotice for the purpose of aggregating the eNotice content onto another media platform;
7.7 Except in accordance with the express provisions of these Terms, you must not save, download, cut and paste, sell, licence, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate or create derivative works from, or otherwise use in any way, the eNotices or any part thereof, without our express prior written consent;
8 How do we treat Personal Information?
This clause 8 applies to all Services.
8.1 We will collect, use and disclose any Personal Information disclosed by you to us in accordance with our Privacy Policy.
8.2 We may also use the information we collect from you about you or your Authorised Users for the purposes of: (a) providing news and information about our products and services; and (b) for any other reason necessary or incidental to our provision of Services to you.
9 How is liability determined under these Terms?
This clause 9 applies to all Services.
9.1 To the extent permitted by Law, each party’s maximum aggregate liability (excluding the liability to pay the Fees) for any Loss suffered or incurred in connection with these Services must not exceed the total Fees paid by you to us under these Terms in the 12 months preceding the date of the event giving rise to the relevant Loss and/or Claim.
9.2 Notwithstanding any other provision in these Terms, no party will be liable for Indirect Loss in connection with the Services.
9.3 To the extent permitted by Law, these Terms exclude all Implied Terms. If the Territory is New Zealand, the parties agree that they are contracting out of sections 9, 12A and 13 of the Fair Trading Act 1986 (FTA) with respect to this Agreement and for the purposes of section 5D of the FTA.
9.4 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.
9.5 No party will be liable to the other for non-performance or delays (other than a failure to pay) caused by an external event beyond the parties’ reasonable control. In such event, both parties will use reasonable endeavours to minimise delays or interruptions.
9.6 Each party must take all reasonable steps to mitigate any Loss which it might suffer or incur in relation to the Services. A party’s liability under these Terms will be reduced proportionately to the extent that the liability was caused by the other party or by a Related Body Corporate of that other party.
10 How do these Terms terminate?
This clause 10 applies to all Services.
10.1 In addition to any other rights of termination set out in these Terms, a party may terminate the Services immediately by written notice if the other party breaches a material term of these Terms.
10.2 We may terminate some or all of the Services immediately by written notice, if our ability to provide the relevant Services is revoked, terminated, restricted or otherwise materially adversely impacted by a change of Law, Regulator action or the action of a supplier.
10.3 We may suspend some or all of the Services if you breach, or we reasonably suspect you have or are reasonably likely to breach, 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 of Services 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, we will reinstate the relevant Services.
10.4 On termination, expiry or suspension of a Service or these Terms: (a) the Licence in respect of that Service terminates, or in the event of a suspension, is suspended, immediately; (b) you must immediately cease using the Service.
10.5 These Terms automatically on termination or cancellation of the Services.
10.6 Termination of the Service or these Terms does not affect any rights accrued prior to termination or expiry.
11 How do we resolve disputes?
This clause 11 applies to all Services.
11.1 If a dispute arises in respect of these Terms, before a party commences legal proceedings: (a) the party raising the dispute must give notice of the dispute (including reasonable details) to the other party; (b) a senior authorised representative of each party must meet to resolve the dispute within 10 Business Days of receipt of notice; (c) the parties must use reasonable endeavours to resolve the dispute within 15 Business Days of the meeting. This clause does not apply where a party seeks urgent interlocutory relief.
11.2 If a dispute, complaint, investigation or litigation involving a Regulator or third party arises as a result of your actions or your use of our Services, you must provide reasonable co-operation and assistance (at your cost).
12 Are there any other terms which apply?
This clause 12 applies to all Services.
12.1 Territory: illion operates in Australia and New Zealand only (Territory). The relevant Territory that applies to these Terms (being either Australia or New Zealand) is the country selected by you when registering for the Service. We make no representations that the 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.
12.2 Compliance with Laws: Each party will comply with all applicable Laws of the relevant Territory.
12.3 Jurisdiction: These Terms are governed by the laws of: (a) if the Territory is Australia, the state of Victoria; and (b) if the Territory is New Zealand, New Zealand. Each party submits to the exclusive jurisdiction of the courts of the applicable jurisdiction.
12.4 Entire agreement: These Terms constitutes the entire agreement between the parties about its subject matter and supersedes all previous agreements and understandings.
12.5 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.
12.6 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 Services to any other person.
12.7 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. Any term of this Terms which is by its nature a continuing obligation, will survive termination or expiry.
12.8 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.
12.9 Survival: Any term of these Terms which is by its nature a continuing obligation, will survive termination.
13 Definitions
Adcentre Portal refers to the portal on which Casual Advertisers advertise one-off eNotices. Access to the Adcentre Portal is available to Suppliers subject to registration.
Add-On Fees has the meaning given to that term in clause 4.7.
Authorised Use means for your lawful internal business purposes.
Authorised User means your directors, officers, employees, agents and contractors who have a need to access or use a Service on your behalf.
Business Day means Monday to Friday, excluding public holidays, in: (a) Melbourne (where the Territory is Australia); or (b) Auckland (where the Territory is New Zealand).
Casual Advertiser means a person, company or other legal entity that advertises one-off eNotices via the Adcentre Portal.
Claim means any claim, demand, legal proceedings or cause of action whether based in contract, tort, under common law or statute.
Credentials means any security identifier, access credentials, logins, passwords or account details used by you or your Authorised Users to access the Services.
Document Download Fees means Fees set by a Procurer to download documents from an eProcurement Portal.
Enhancements means enhancements, variations, improvements or modifications to our Services or Intellectual Property Rights and/or any third party products and services and related Intellectual Property Rights
eNotice includes tender notices, requests for information, requests for proposal, advertisements, expressions of interest, messages, addendums and updates made available by Procurers through the Services.
eNotification Portal refers to a centralised portal used to collect and publish eNotices. Access to the eNotification Portal is available to Suppliers with a Subscription Plan only.
eProcurement Portal refers to a custom branded portal created for a particular Procurer to publish eNotices. eProcurement Portals are available to Suppliers subject to registration and any additional terms set by the relevant portal owner.
Fair Use Policy means the fair use policy accessible at https://illion.tenderlink.com/fair-use-policy/.
Fees means any fees payable by you for the Services under these Terms, including Subscription Fees, Add-On Fees, Advertising Fees and/or Document Download Fees (as applicable), plus any applicable tax payable under tax laws.
Illion, we, our or us means: (a) where the Territory is Australia, illion Australia Pty Ltd (ABN 95 006 399 677); or (b) where the Territory is New Zealand, illion TenderLink Limited (Co No. 3202766).
Implied Terms means any right, representation, remedy, warranty, condition, guarantee, term or undertaking that would be conferred on your or implied into these Terms 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
Intellectual Property Rights means all intellectual and industrial property rights and interests throughout the world, whether registered or unregistered, including trademarks, designs, patents, inventions, databases, discoveries, circuit layouts, copyright (including source code), rights in software, Confidential Information, know-how, business names, domain names, all analogous rights and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of 14 July 1967 as amended from time to time.
Joint IP means any Intellectual Property Rights (excluding Enhancements) in any developed, created, produced or contributed to by us jointly with you in connection with the Services during the Service Term.
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.
Licence has the meaning given to that term in clause 3.1.
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.
Personal Information has the meaning given to that term in the Privacy Laws.
Pre-Existing IP means any Intellectual Property Rights owned by a party on the date we commence providing Servies to you.
Prime User means the designated owner of and person responsible for your account. The Prime User will be considered your billing and key point of contact. By default, this will be the person that sets up the account. However, you can request to change the details of the Prime User.
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, the Spam Act 2003 (Cth) (if the Territory is Australia), the Unsolicited Electronic Messages Act 2007 (if the Territory is New Zealand) 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 (a) where the Territory is Australia, our Privacy Policy accessible here: https://www.illion.com.au/privacy-policy-risk-marketing-solutions/; or (b) where the Territory is New Zealand, our Privacy Policy accessible here: https://illion.co.nz/privacy-policy-risk-marketing-solutions/.
Procurer means a person, company or other legal entity that publishes eNotices, including a Casual Advertiser or the owner of an eProcurement Portal.
Regulator means any authority, commission, government, department, agency, court, tribunal, or similar having regulatory or supervisory authority over the parties or the Services in the Territory.
Related Body Corporate means where a body corporate is: (a) holding company of another body corporate; (b) a subsidiary of another body corporate; (c) a subsidiary of a holding company of another body corporate; or (d) controlled by, under common control with, or controls, another body corporate, the firstmentioned body and the other body are related to each other.
Service Term means the period of time which you have access to and/or use the Services.
Services means the services we provide to you via the eNotification Portal, eProcurement Portals, Adcentre Portal and/or our Website.
Submission means any response or submission made by a Supplier to an eNotice.
Subscription Fees means the fees payable by you under a Subscription Plan, including any Add-On Fees.
Subscription Plan means a subscription to a defined set of features (as further described on the Website) that we provide or make available to you during the Subscription Term.
Subscription Term means the duration of your Subscription Plan, being either monthly or annually.
Supplier means a person, company or other legal entity that uses the Services to access, monitor, review, download and/or respond to eNotices.
Terms means these terms of service.
Territory has the meaning given to that term in clause 12.1, being either Australia or New Zealand.
Website means the illion TenderLink website accessible at www.tenderlink.com, any portal or sub-domain hosted by illion in connection with the Services, including the eNotification Portal, Adcentre Portal and eProcurement Portals.
You, your means the person, company or other legal entity who accesses the Services and agrees to these Terms.