BankStatements Online | Customer Terms & Conditions

Last Update: September 2023


  1. What are these Terms & Conditions about?
    1. These Customer Terms & Conditions (Terms) set out the terms that apply to your access to and use of BankStatements Online (the Service) provided by illion (illion, we, our or us). By creating an account via our Website, you agree to be bound by these Terms.
    2. These Terms commence on the date you create an account via our Website (Commencement Date) and continue for the Subscription Period.
    3. We may amend these Terms from time to time by giving you no less than one calendar month prior notice (e.g. via email or by publishing updates on our Website). If you do not agree to the amended Terms, you may cancel your Plan prior to the end of our notice period. If you continue to access the Service 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 Service are subject to these Terms.
  2. How is the Service provided?
    1. We will:
      • provide the Service to you in accordance with these Terms; and
      • where retained, store any End User Data on servers located in Australia.
    2. We use our Related Body Corporate, illion Open Data Solutions Pty Ltd (ACN 166 277 845), to provide the Service.
    3. We will only provide the Services in respect of an End User if the relevant End User has provided their End User Authorisation to your access to and use of their Account Information, in accordance with clause 2.4.
    4. When you direct an End User to our Website using your unique referral link, the End User will authenticate an API connection to their Account Information. As part of that authentication process, the End User will provide their End User Authorisation, by confirming their agreement to the End User Terms.
    5. Where we retrieve Account Information from an End User on your behalf:
      • retrieval service logs are retained for 24 hours;
      • the Account Information is encrypted to pass to you; and
      • any credentials are destroyed after use.
    6. You acknowledge and agree that we may de-identify and use the End User Data for the purpose of improving the illion Services and creating other data products.
    7. You acknowledge that, from time to time, the availability of the Service may be impacted by Downtime and the occurrence of this does not constitute a breach of these Terms. We use reasonable endeavours to ensure any Downtime has a minimal impact on the availability of the Service.
    8. You agree that:
      • The Service is supplied to you on an “as is” and “as available” basis; and
      • where the Service is supplied online or use communication links or networks, we are not responsible nor liable for the unavailability of those links or networks.
  3. How do the Plans work?
    1. We will provide you with access to your selected Plan during the Subscription Period.
    2. 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 3.3).
    3. You can cancel your Plan at any time by sending us an email at requesting cancellation. Following receipt of your email:
      • we will confirm your cancellation via email;
      • your Plan will automatically terminate at the end of the current Subscription Period.
    4. Unless provided under Law, if you cancel your Plan during a Subscription Period, you are not entitled to a rebate or refund of any Fees that you have already incurred in connection with your Plan during that Subscription Period.
  4. Can you share the Service with anyone else?
    1. We grant you a non-exclusive, non-sub-licensable, non-transferable, revocable, limited licence to use the Service in the Territory for the Subscription Period for the Authorised Use in accordance with these Terms ( Licence ). You agree that:
      • the Licence is exclusive to you; and
      • you must not sub-licence, resell, transfer, grant or otherwise permit access to or use of the Service to any Third Party.
    2. Your Plan is not transferable to any Third Party for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your Plan.
  5. What are your obligations?
    1. In registering for, accessing and using the Service, you must provide and maintain true, accurate, current and not misleading information about your organisation.
    2. You must, in connection with the Service:
      • only use the Service in accordance with applicable Laws;
      • implement and maintain industry best practice security measures and safeguards in relation to your computer systems, network and internet connectivity and the Service;
      • keep all Credentials secure and confidential and promptly notify us if you become aware of any unauthorised use or access of any Credentials, and immediately change the affected Credentials and take any other security action we reasonably direct;
      • protect the Service from unauthorised use, alteration, adoption, modification, reproduction, access, publication and distribution; and
      • only use the Service on hardware, network and software that meets the Minimum Specifications.
    3. You must not and must not attempt to, in connection with the Service;
      • permit any person (other than an End User) to access or use the Service;
      • except as reasonably required for the Authorised Use:
        • reuse, copy, download, upload, modify, translate, adapt, make any improvement or enhancement to or in any other way reproduce, a Service;
        • incorporate any Information in a database, marketing list or report; or
        • use the 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
        • permit a Third Party to do any of (i), (ii) or (iii) above;
      • reverse engineer, derive the source code of, tamper with the Service;
      • circumvent any technological measures that are designed to prevent unauthorised use or access to any part of the Service;
      • introduce, directly or indirectly, any virus, worm, trojan or other harmful or malicious code into any Service or otherwise corrupt, degrade or disrupt the Service;
      • unless required by law;
        • voluntarily produce any Information in legal proceedings; or
        • identify us, our Related Bodies Corporate, the Service or our confidential publications as a source of reference; or
      • use the Service in a manner that is unreasonable, unlawful or contrary to how the Service is intended to be used, as reasonably determined by us.
    4. You agree that you are solely responsible for any decisions made or not made by you in relation to the use of the Service.
  6. How do we manage Intellectual Property?
    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 illion Services.
    2. We, or our licensors, own all right, title and interest, including Intellectual Property Rights, in the Service at all times. We do not, at any time, transfer any ownership rights in the Service and we reserve all rights not expressly granted.
    3. All right, title and interest, including Intellectual Property Rights, in any Enhancements or Joint IP vests in us on creation. If you acquire any Intellectual Property Rights in any of our Service, 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.
    4. To the extent required to provide the Services, you grant us a non-exclusive, non-transferable licence to use your Intellectual Property Rights for the Subscription Period for the exclusive purpose of providing the Services, integrating your trade names, trademarks or other intellectual property into any Software interface.
    5. Notwithstanding clause 5.3(f)(ii), we grant you a limited, non-exclusive, revocable, non-transferable licence for the Subscription Period to use the following trademarks and logo in the Territory on your business website and marketing documents solely in connection with the use of the Service (whether published by you or a third party):
      • "illion" trade marks 1997235, 1874825 and 1874828 (Australia) and 1116435, 1116436 and 1116437 (New Zealand); and
      • "illion BankStatements" logo;
      • for the exclusive and limited purpose of representing that you are using the Service. Any use of the above must be in accordance with our reasonable directions (as advised to you from time to time).
  7. What are the Fees and payment terms?
    1. We will charge you the Fees in accordance with these Terms.
    2. You are responsible for providing us with a valid credit or debit card for payment of the Fees. You must advise us promptly of any changes to your card details during the Subscription Period.
    3. You confirm that you are authorised to use the credit or debit card provided to us for payment of the Fees, and that all Fees may be billed to that card.
    4. We (or our Related Body Corporate) will issue you a valid tax invoice for the Fees each month (in arrears). You authorise and grant us permission to charge the Fees for each Subscription Period to the credit or debit card details you provide to us on or around 14 days from the date of invoice.
    5. Fees will be charged in full without deduction, withholding, set-off or counterclaim. All rebates, discounts or reductions are calculated by us on the tax exclusive price.
    6. If we are unable to collect payment for the Fees for any reason (including, without limitation, credit card expiration or insufficient funds) and, having contacted you in relation to this, you have not rectified it within 5 Business Days, we may suspend your access to the Service; until the unpaid Fees are paid in full.
    7. We may increase our Fees (Fee Change) from time to time by giving you no less than one calendar month prior notice (Notice Period). 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:
      • the next Subscription Period immediately following the end of the Notice Period; or
      • a later date as set out in our notification to you.
  8. How is liability determined?
    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 the Service 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.
    2. Notwithstanding any other provision in these Terms, no party will be liable for Indirect Loss in connection with the Service.
    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 (NZ) (FTA) with respect to these Terms and for the purposes of section 5D of the FTA.
    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 Service, or payment of the reasonable cost of having the Service resupplied.
    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.
    6. Each party must take all reasonable steps to mitigate any Loss which it might suffer or incur in relation to the Service. 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.
  9. How do these Terms terminate?
    1. On cancellation, termination or suspension the Service:
      • the Licence in respect of the Service terminates, or in the event of a suspension, is suspended, immediately; and
      • you must immediately cease using the Service.
    2. We may terminate the Service 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.
    3. We may suspend or cancel your access to the Service 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 the Service.
    4. Cancellation or termination of the Service does not affect any rights accrued prior to termination.
  10. Are there any other terms which apply?
    1. These Terms constitute the entire agreement between you and illion concerning your use of the Service. 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.
    2. Each party will comply with all applicable Laws, including Privacy Laws. Where Privacy Laws do not apply to you, you agree to comply as if you were bound.
    3. If, in connection with your actions or use of the Service, a Regulator makes enquiries, conducts an investigation or otherwise takes action that requires us to provide assistance or information, we will do so (at your cost and to the extent legally required).
    4. If you become aware of a suspected or actual data security breach in connection with the End User Data or Information, then you must immediately take all necessary steps to contain the breach in accordance with Privacy Laws and notify us as soon as possible (and no later than 48 hours) after becoming aware.
    5. 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.
    6. These Terms are governed by the laws of:
      • if the Territory is Australia, the state of Victoria; and
      • if the Territory is New Zealand, Auckland.
      • Each party submits to the exclusive jurisdiction of the courts of the applicable jurisdiction.
    7. If any part of these Terms are illegal or unenforceable, they will be severed and the remaining terms continue in full force and effect. Any term which is by its nature a continuing obligation, will survive termination.
    8. 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.
    9. 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 Service to any other person.
    10. This clause and the following clauses survive the termination of these Terms: 6, 8, 9.1 and 9.4.
  11. Definitions
    • Account Information means personal information relating to an End User’s account, such as an End User’s account name/s, addresses, account details, account balances, credit limits, transaction amounts and details including amounts and details of benefits, grants or subsidies provided to the End User.
    • Authorised Use means your lawful internal business purposes only.
    • BankStatements Online means the once-off bank statement retrieval service offered through our Website, which allows consumers to access and issue copies of their bank statements directly to you using our Software.
    • Business Day means Monday to Friday, excluding public holidays in: (a) where the Territory is Australia, Melbourne; or (b) where the Territory is New Zealand, Auckland.
    • Claim means any claim, demand, legal proceedings or cause of action whether based in contract, tort, under common law or statute.
    • Commencement Date has the meaning given to that term in clause 1.2 of these Terms.
    • Credentials means any security identifier, access credentials, logins, passwords or account details used by you to access the Service.
    • Downtime means a period of time when any Software is not available due to: (a) installation of updates or fixes; (b) security patch management; (c) testing our disaster recovery or business continuity protocols; (d) a telecommunications failure; (e) failure of the PCs or other devices which you use to access the system; (f) a power failure; (g) external events beyond our reasonable control.
    • End User means your individual customers over the age of 18 who authorise you to use our Service in accordance with the End User Terms.
    • End User Authorisation means authorisation from the relevant End User for access to, use and retention (as applicable) of their Account Information and credentials, for the purpose of the Service, in accordance with the End User Terms.
    • End User Data means all data and information supplied to us by or on behalf of an End User in connection with the Service and may include deidentified data.
    • End User Terms means the end user terms (as amended from time to time) available at: (a) where the Territory is Australia,; and; (b) where the Territory is New Zealand,
    • Enhancements means enhancements, variations, improvements or modifications to our Service or Intellectual Property Rights and/or any Third Party products and services and related Intellectual Property Rights.
    • Fees means the fees for your selected Plan as set out on our Website (and as varied in accordance with these Terms), plus any applicable tax payable under applicable tax Laws.
    • illion Services means the products and services offered and made available by us (including our Related Bodies Corporate) from time to time, including the Service.
    • illion, we, our or us means: (a) if the Territory is Australia, illion Australia Pty Ltd (ACN 006 399 677); or (b) if the Territory is New Zealand, illion New Zealand Limited (Co. No. 361901).
    • 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 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 any other indirect, special or consequential loss or damage, even if it was reasonably foreseeable, arose naturally, or was contemplated by the parties in relation to the events giving rise to that Loss.
    • Information means any information provided by us to you in connection with the Service, including information provided as data output, documentation, report or compilation of information.
    • 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, 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 Service during the Subscription Period.
    • Law 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 4.1 of these Terms.
    • 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 and including under any indemnity.
    • Mandatory Term has the meaning given to that term in clause 8.4 of these Terms.
    • Minimum Specifications means any hardware, network, software or system requirements or specifications required to use or access the Service, as reasonably notified by us.
    • Personal Information has the meaning to that term in the applicable Privacy Laws.
    • Plan means the plan you subscribe to via our Website (as further described on our Website) that we make available to you during the Subscription Period.
    • Pre-existing IP means any Intellectual Property Rights owned by a party at the Commencement Date.
    • 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 Code means the Privacy (Credit Reporting) Code 2014 (if the Territory is Australia) and Credit Reporting Privacy Code 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 1988 (Cth) (AU), Privacy Act 2020 (NZ), the relevant Privacy Codes, the Spam Act 2003 (Cth) (Aus), Unsolicited Electronic Messages Act 2007 (NZ) 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 our privacy policy accessible at: .
    • Regulator means any authority, commission, government, department, agency, court, tribunal, or similar having regulatory or supervisory authority over the parties or the Services.
    • 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 first-mentioned body and the other body are related to each other.
    • Service means BankStatements Online.
    • Subscription Period means a period of one calendar month, automatically renewing in accordance with clause 3.2 of these Terms.
    • Terms, Customer Terms & Conditions means these terms and conditions.
    • Territory means the country of origin of the Account Information, being either Australia or New Zealand.
    • Third Party means any person or entity other than illion (including our Related Bodies Corporate) and you.
    • Website means: (a) where the Territory is Australia, ; or (b) where the Territory is New Zealand,
    • You, your, Customer means the party who signs up to the Service and agrees to these Terms under clause 1.1.