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Data Validation Services - Experian Agreement

  • These terms and conditions together with the relevant Australia Post Terms and Conditions located here or New Zealand Post End User Terms located here (together the “Terms and Conditions”) apply to your access and use of a free trial of Experian’s data validation services for evaluation purposes. For the purposes of this Agreement “You” means the entity indicated on the registration form and “Experian” means Experian Australia Pty Ltd ACN: 082 851 474 (if you are located in Australia) or Experian New Zealand Limited company number: 1931398 (if you are located in New Zealand). You acknowledge that you have read, understood and stored a copy of this Agreement and agree to be bound by the terms of this Agreement by selecting the acceptance button below.

  • Upon acceptance of these Terms and Conditions, Experian will grant You access to Experian’s Self-Service Portal to evaluate Experian’s data validation services (the “Trial”), which You will be entitled to use solely in a non-production environment for the Permitted Purpose.

  • The Trial will commence upon activation of Your account and will continue for a period of up to 28 days or until You have reached the allocated 500 address, email and mobile phone data validation (whichever comes first) (“Trial Period”) after which time the Trial will terminate immediately.

  • 1. DEFINITIONS
    • 1.1. Client Data means any data, including Personal Information, provided by You to Experian pursuant to this Agreement;
    • 1.2. Confidential Information means any and all information relating to the trade secrets, operations, processes, plans, intentions, product information, prices, know-how, designs, market opportunities, transactions, affairs and/or business of the parties and/or their Group Companies in or on any medium or format;
    • 1.3. Data Protection Legislation means all applicable laws, regulations and other rules having equivalent force that relate to the privacy, protection, use or disclosure of Personal Information including but not limited to Privacy Act 1988 (Cth), the Australian Privacy Principles, and all other laws, rules and regulations in Australia or Privacy Act 2020 (NZ) and all other laws, rules and regulations in New Zealand (as applicable) that relate to the privacy, protection, use or disclosure of Personal Information, and any subordinate or associated regulations;
    • 1.4. Force Majeure means any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organised protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of the party claiming to be excused from performance of its obligations;
    • 1.5. Group Company means any company controlling, controlled by or in common control with a party from time to time and control means direct or indirect ownership of 50% or more of the voting equities or equivalent of the relevant company;
    • 1.6. Intellectual Property Rights means copyright (including future copyright), database right, domain names, business names, patents, registered and unregistered design rights, registered and unregistered trade marks, and all other industrial, commercial or intellectual property rights existing in any jurisdiction in the world and all the rights to apply for the same, as well as any right to have Confidential Information kept confidential;
    • 1.7. Output means validated addresses, email and mobile phone data;
    • 1.8. Permitted Purpose means evaluation by you whether to engage Experian to provide services to you in the future;
    • 1.9. Personal Information has the meaning specified in the Privacy Act 1988 (Cth) or Privacy Act 2020 (NZ) as applicable.
  • 2. TERM AND TERMINATION
    • 2.1. Either party shall be entitled to terminate the Trial without cause on 3 days’ notice.
    • 2.2. If You are in material breach of these Terms and Conditions, Experian will be entitled to immediately terminate the Trial.
    • 2.3. Termination or expiry of the Trial and these Terms and Conditions shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect beyond termination.
  • 3. PERMITTED USE
    • 3.1. You will use the Trial and the Output solely for the Permitted Purpose and will not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of the Trial or Output.
    • 3.2. If You wish to engage Experian to provide services after the end of the Trial Period this will require that you enter into a separate agreement with Experian to cover such use.
  • 4. INTELLECTUAL PROPERTY
    • 4.1. All Intellectual Property Rights in the Client Data will remain vested in You (or your relevant licensors).
    • 4.2. All Intellectual Property Rights in the Experian’s Self-Service Portal and the Output (excluding any Client Data contained within the Output) will remain vested in Experian (or its relevant licensors).
  • 5. CONFIDENTIALITY
    • 5.1. Each party shall, in respect of the Confidential Information for which it is the recipient:
      • 5.1.1. keep the Confidential Information strictly confidential and not disclose any part of such Confidential Information to any person except as permitted by or required for the performance of the recipient’s obligations under these Terms and Conditions; and
      • 5.1.2. take all reasonable steps to prevent unauthorised access to the Confidential Information.
    • 5.2. The parties may disclose the Confidential Information for which it is the recipient to, and allow its use in accordance with these Terms and Conditions by, the following (as long as the conditions in Clause 5.3 are met):
      • 5.2.1. employees and officers of the recipient or recipient’s Group Companies who necessarily require it as a consequence of the performance of the recipient’s obligations under Terms and Conditions;
      • 5.2.2. the recipient’s auditors and professional advisors solely for the purposes of providing professional advice and any other persons or bodies having a legal right or duty to have access to, or knowledge of, the Confidential Information in connection with the business of the recipient;
      • 5.2.3. the recipient’s Group Companies for reasonable reporting purposes;
      • 5.2.4. agents and sub-contractors who necessarily require it as a consequence of these Terms and Conditions.
    • 5.3. As a condition of the rights set out in Clause 5.3 the party wishing to exercise the rights must:
      • 5.3.1. ensure that any person to whom it discloses Confidential Information is under an obligation of confidentiality in relation to such Confidential Information; and
      • 5.3.2. procure that such persons observe the restrictions in this Clause 5.
    • 5.4. The restrictions in Clause 5.1 do not apply to any information to the extent that it:
      • 5.4.1. is or comes within the public domain other than through a breach of Clause 5.1; or
      • 5.4.2. is in the recipient’s possession (with full right to disclose) before receipt from the other party; or
      • 5.4.3. is lawfully received from a third party (with full right to disclose); or
      • 5.4.4. is independently developed by the recipient without access to or use of the Confidential Information of the disclosing party; or
      • 5.4.5. is required to be disclosed by law or by a court of competent jurisdiction or by any regulatory body or in accordance with the rules of any recognised stock exchange.
  • 6. COMPLIANCE AND DATA PROTECTION
    • 6.1. Each party shall comply with all applicable laws and regulations, including but not limited to Data Protection Legislation.
    • 6.2. Without prejudice to the general obligation under Clause 6.1 above, You warrant that:
      • 6.2.1. the provision of the Client Data to Experian pursuant to this Agreement does not violate Data Protection Legislation, your contracts with third parties or any third-party rights;
      • 6.2.2. You have obtained all consents necessary and/or relevant to provide the Client Data to Experian and to permit Experian to use the Client Data for purposes of the Trial.
    • 6.3. Each party shall implement appropriate technical and organisational measures against unauthorised or unlawful disclosure of Personal Information and against accidental loss or destruction of, or damage to, the Personal Information of the other party.
    • 6.4. Experian shall (in circumstances where it is a data processor) process any Personal Information contained within the Client Data only in accordance with Your instructions. You will be deemed to have instructed Experian to process any such Personal Information to the extent reasonably necessary for performance of Experian obligations under this Agreement.
    • 6.5. Each party shall notify the other party in writing, as soon as practicable, upon becoming aware of any actual unauthorized access or disclosure of Personal Information of the other party, and cooperate promptly and fully with the other party in any investigation of such occurrence.
    • 6.6. You agree that Experian may use or process Client Data for the purposes of this Agreement, and acknowledge that such use or processing may include transferring Client Data to other companies or branches within the Experian group world-wide and/or its storage in a centralised database.
  • 7. LIMITS ON LIABILITY
    • 7.1. As the Trial is provided to You free of charge for the Permitted Purpose only, Experian shall not (save as set out in clauses 7.2 and 7.3) have any liability (whether in contract, negligence, for breach of statutory duty or otherwise) to You arising out of or in connection with these Terms and Conditions.
    • 7.2. Save as set out in clause 7.3, Experian does not limit its liability for (i) anything it would be illegal to limit liability by law, (ii) breach of confidentiality obligations under clause 5, (iii) infringement of a third parties intellectual property rights; (iv) fraud.
    • 7.3. Experian’s liability in respect of a breach of Clause 6 is limited to $500,000 in the aggregate.
    • 7.4. In no event shall Experian be liable for any indirect or consequential loss including loss of profits; loss of earnings; loss of business or goodwill; or loss of anticipated savings; increase in bad debt or failure to reduce bad debt.
  • 8. GENERAL PROVISIONS
    • 8.1. These Terms and Conditions shall supersede any previous agreements or arrangements between the parties and sets out all of the terms agreed relating to the subject matter of these Terms and Conditions.
    • 8.2. Nothing in these Terms and Conditions shall be construed as creating a right which is enforceable by any person who is not a party to these Terms and Conditions or a permitted assignee of such a party.
    • 8.3. If either party fails to exercise a right or remedy that it has or which arises in relation to these Terms and Conditions, such failure shall not prevent that party from exercising that right or remedy subsequently in respect of that or any other incident.
    • 8.4. If any part of these Terms and Conditions is found to be invalid or unenforceable by any court or other competent body, that provision shall be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.
    • 8.5. Neither party will be liable to the other party if it cannot complete its obligations due to an event of Force Majeure.
    • 8.6. Any notices to be sent by one party to the other in connection with these Terms and Conditions shall be in writing sent to the registered office of the other party. Notices shall be deemed to have been duly given three (3) business days after the date of posting.
    • 8.7. The warranties expressly set out in these Terms and Conditions are the only warranties that each party gives to the other in respect of the subject matter of these Terms and Conditions. All other warranties, representations or terms of equivalent effect that might be implied by law are excluded to the extent permitted by law.
    • 8.8. These Terms and Conditions and all matters arising out of them shall be governed by, and construed in accordance with, the laws of Australia or New Zealand, as relevant. The courts of Australia or New Zealand, as relevant, will have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms and Conditions.