20 June, 2019
When you subscribe to DebtorLink you can be assured of receiving relevant and timely notification of debtor information
from around New Zealand. In the unlikely event that you are not completely satisfied with our service, you may cancel
any time after 90-days and receive a refund for any unused period. You are not locked into any contracts and your only
obligation is to remain a subscriber for the first 90-days.
Terms and Conditions
Last Update: 17th August 2018
DEBTORLINK END USER TERMS
For the purposes of these End User Terms:
DebtorLink - means the Services;
We or us - means illion New Zealand Limited (Co. No. 361901) or a member of our corporate group on our behalf;
Website - means https://www.debtorlink.com/; and
You - means the end user that is accessing, using, or is subscribed to receive the Services.
- Our services involve the ongoing provision of information to you, which includes, but is not limited to, notices of bankruptcies, liquidations, receiverships, winding up orders, judgments and voluntary administrations in New Zealand (together, the Services).
- You may use the Services for any lawful purpose.
TERM & ELIGIBILITY
- Your access to the Services continues until the Services are suspended or terminated in accordance with this agreement.
- To be eligible to use our Services you must be 18 years of age or older, and meet our identity verification requirements. You must register for the Service in your personal capacity, and not on behalf of any other person (except where you register on behalf of a company, in which case you warrant you are the authorised representative).
- In consideration of being granted a password and username and being granted access to the Services, you agree to pay to us the annual subscription fees. Payment is to be made by electronic funds transfer on the 20th of the month following the date of the invoice.
An annual subscription includes the following Services:
- unlimited searches of the notices held;
- unlimited use of the personalised e-mail notifications service; and
- up to 5 additional users. You are responsible for payment of all applicable taxes and any costs incurred by any additional users in excess of the original 5 additional users when using the Services.
- You are solely responsible for maintaining the confidentiality of your password and username and fully responsible for all activities facilitated by your password or username and those activities of your additional users.
- You agree that all of your additional users will read, or have read and understood these End User Terms prior to receiving the Services.
- You agree that you will be wholly responsible for all actions taken and any losses, costs or claims whatsoever incurred as a result of your usage of the Services and the usage of your additional users.
You agree to:
- immediately notify us of any unauthorised use of your password or username, or any unauthorised use of any of your additional users; and
- properly exit the Website at the end of each session using the Services. We will not be liable for any loss or damage arising from your failure to comply with this term.
USER INFORMATION & WARRANTIES
- You are responsible for providing, updating and maintaining, correct information about yourself (if you are subscribing in your individual capacity) or your organisation, including your registration, usernames, and other relevant information (collectively, User Information).
You warrant that:
- you possess the legal authority to provide all User Information to us (e.g. you must be the relevant bank account holder, or you have permission of joint account holders);
- if you have subscribed on behalf of an organisation or trust, you have authority to enter into this agreement on behalf of that organisation or trust;
- you will at all times comply with all relevant laws and regulations; and
- your User Information is true, accurate, current, complete and not misleading.
- If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration and this agreement and/or refuse any and all current or future Services (or any portion of it).
You must not:
- copy, distribute, reproduce, publish, transfer, or sell or re-sell any data or information obtained from our Services;
- manipulate the Services in a manner that would lead to inaccurate, misleading or discriminating presentation of information being displayed;
- do anything that compromises the security and/or stability of the Services, or interferes with or inhibits any other user of the Services;
- use the Services to send unsolicited email messages;
- attempt to or tamper with, hinder or modify the Services or attempt to or knowingly transmit viruses, malicious or harmful code or other disabling features to the Services or via the Services;
- use our Services in any way that competes with our business.
You must not use the Services for any activities, or to post or transmit any material, that:
- would cause you or us to breach any law, regulation, rule, code or other legal obligation (including any privacy law or intellectual property right);
- defames, harasses, threatens, menaces, offends or restricts any person;
- is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- would bring us, or the Services, into disrepute;
- impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us.
- We reserve the right to monitor your use of the Services.
INTELLECTUAL PROPERTY RIGHTS
- Our Services (or parts of our Services) contain intellectual property which is owned by or licensed to us and is protected by Australian, New Zealand and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Services.
- You agree that, as between you and us, we own all intellectual property rights in the Services, and that nothing in these End User Terms constitutes a transfer to you of any intellectual property rights.
- You must ensure that your disclosure of User Information to us complies with all relevant Privacy Laws.
TERMINATION & SUSPENSION
- We reserve the right to deny or suspend or terminate your access to the Services at any time, for any reason whatsoever (including any breach of these End User Terms), at our absolute discretion, with or without prior notice. Where it is possible for us to contact you directly, we will notify you of any suspension or termination and the reasons for it.
- In the event that we discontinue Services to you owing to any reason other than a breach of any term of this agreement by you, we shall refund to you a proportion of the annual subscription fees calculated on a pro rata basis from the date of such discontinuance.
On termination or expiry of this agreement:
- each licence granted by us in respect of the Services also terminates;
- you must immediately cease using the Services and delete copies of our Confidential Information; and
- You agree that we shall not be liable to you or any third party for any termination of your access to the Services.
CHANGES AND MODIFICATIONS
- We may amend the End User Terms from time to time in our sole discretion by publishing an updated version of the End User Terms on the Website. You should check the End User Terms 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 End User Terms. Your continued use of our Services following any amendments indicates that you accept the amendments.
- We reserve the right to change or discontinue, temporarily or permanently, any Services at any time without notice, and without liability to you. If we cancel any Services (where such cancellation is not due to your acts or omissions or breach of the End User Terms) we will endeavour to provide you 1 week's notice.
- If you do not agree to the changes to the End User Terms, you must discontinue using the Services, and immediately inform us by written notice sent to the address specified in our 'Contact Information' of your intention to discontinue using the Services and the effective date of such discontinuance. Thereafter, we will refund to you a proportion of the annual subscription fees calculated on a pro rata basis from the date of receipt by us of your notice of discontinuance or effective date of discontinuance, whichever is the later.
Our Services may contain links to websites owned by third parties. We do not control, recommend, endorse, sponsor or approve third party websites, including any information, products or services mentioned on those third party websites, and are not liable in any way for your access to those links.
DISCLAIMER & LIABILITY
While we use reasonable efforts to provide the Services in accordance with their stated description, you acknowledge the following (to the extent permitted by law):
- the Services are provided strictly on an "as is" and "as available" basis;
we exclude all liability to you for any:
- error, omission, inaccuracy, incompleteness, or inappropriateness of the Services, debtor notices, or related information;
- failure to assign or inaccurately assign any keywords, attributes, classifications, categories or other descriptive term to any Service, debtor notice, or related information;
- failure to manipulate or inaccurately manipulate any data relating to any Service, debtor notice, or related information;
- delay or unavailability of the Services, or the Services being out-of-date;
- data loss or corruption, or any viruses or other harmful components associated with Services; and
- use of the Services by you, including any decisions made or outcomes based on the Services,
- 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, consequential or special loss or damage; and
- to the extent we have any liability to you in relation to the Services or under these End User Terms (other than for our fraud or breach of clause 8 (Privacy)), our liability is limited to resupply of the Services.
- We do not underwrite the identity of any person listed on the Website or communicated in our provision of the Services and will not be held liable for any losses, costs or claims whatsoever arising out of any fraudulent or mistaken identity.
- To the maximum extent permitted by law, and subject to this clause 13.2, any representation, warranty, condition, guarantee or undertaking that would be implied into these End User Terms by legislation or otherwise is excluded.
- Nothing in these End User Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by 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.
- For the purposes of the above, "Consumer Law" means the Fair Trading Act 1986 (NZ) and the Consumer Guarantees Act 1993 (NZ).
- You indemnify us, our subsidiaries, officers, directors and employees from any Third Party Claims against us which arise due to your breach of the End User Terms, or your violation of any law or the rights of a third party.
- For the purposes of this clause 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).
Each party must (unless expressly agreed otherwise):
- use Confidential Information only for the purposes of the Services; and
- 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.
The confidentiality obligations in this clause 15.1 do not apply to information that:
- is or becomes legally in the public domain at the time of disclosure without a breach of this clause 15.1;
- is legally obtained from a third party;
- was in already in the possession of a party at the time of disclosure without any associated obligation of confidentiality;
- has been independently developed by a party; or
- is required to be disclosed by law or the rules of a stock exchange.
- Confidential Information means all information that could be reasonably regarded in the circumstances as confidential and not part of the public domain, including, without limitation, information relating to the terms of this agreement or a party's business affairs.
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). If the Force Majeure Event continues for a period of 60 days or more, the party not relying on the Force Majeure Event may terminate the these End User Terms.
You agree that any notices or other communications may be provided to you electronically via a notice on the Website, or via the email you have provided as part of the registration process. You may send notifications to us in relation to your use of the system via the Website.
- (Assignment) You must not assign or novate this agreement without our prior written consent. We may assign our rights or novate this agreement to any of our group companies or in connection with a merger or consolidation involving us or the sale of substantially all of our assets.
- (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.
- (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.
- (Survival) Any provision of these End User Terms which is by its nature a continuing obligation will survive termination of these End User Terms (e.g. clause 12 (Disclaimer & Liability) clause 13 (Implied Warranties) and clause 14 (Indemnity)).
- (Laws) These End User Terms are governed by the laws of New Zealand.
- (Interpretation) A word importing the singular includes the plural and vice versa, and references to "including" shall be construed as "including, without limitation.
Free phone: 0800 698 363
Address: PO Box 154, New Plymouth, 4340, New Zealand
|Debtor Name:||ORCHARD, JAMES ALAN DUDLEY|
|Debtor Name:||HOUGHTON, DANIELLE LEA|
|Debtor Name:||MCCULLOCH, RAEWYN MAY|