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Terms & Conditions

1. PRELIMINARY

These terms and conditions shall apply to all contracts made by i-LAN TECHNOLOGY Pty Ltd (i-LAN), with customers for the sale of equipment or services supplied by i-LAN TECHNOLOGY Pty Ltd. No variation in these terms and conditions shall be effective unless modified in writing and signed by i-LAN TECHNOLOGY Pty Ltd.

2. QUOTATIONS

a. Quotations are based upon the requirements given to i-LAN TECHNOLOGY Pty Ltd by the customer and are current for fourteen (14) days, or a period otherwise specified by i-LAN TECHNOLOGY Pty Ltd after which they are subject to confirmation or revision by i-LAN TECHNOLOGY Pty Ltd.

b. Quotations may only be accepted by the customer’s submission of a purchase order, or other official indication of intent to purchase. Prior to receipt of such, i-LAN TECHNOLOGY Pty Ltd reserves the right to vary quotations without notice.

3. CANCELLATION OR VARIATION OF ORDERS

An accepted order may only be cancelled or varied with i-LAN TECHNOLOGY Pty Ltd’s written consent and the giving of this consent shall not in any way prejudice i-LAN TECHNOLOGY Pty Ltd’s right to recover the customer’s full compensation for any loss or expense arising from such cancellation or variation.

4. PACKING

a. The goods will be supplied in i-LAN TECHNOLOGY Pty Ltd standard packaging.

b. Any alternative or additional packaging requested by the customer or deemed necessary by i-LAN TECHNOLOGY Pty Ltd will be charged for accordingly in addition to the price quoted.

5. PRICES

Unless otherwise specifically stated, prices quoted for i-LAN TECHNOLOGY Pty Ltd’s goods and services do not include freight, insurance, any special packaging, installation, commissioning and maintenance costs. These prices may or may not include GST (Goods and Services Tax) depending on the manner in which they are quoted.

6. DELIVERY AND PASSING OF TITLE

a. The goods shall be delivered by i-LAN TECHNOLOGY Pty Ltd or dispatched for delivery to the customer at the address of the customer stated in the Contract or as the customer may from time to time otherwise direct i-LAN TECHNOLOGY Pty Ltd to deliver to.

b. The risk to damage of goods transfers to the customer following collection from i-LAN TECHNOLOGY Pty Ltd premises by any courier i-LAN TECHNOLOGY Pty Ltd may employ on the customer’s behalf.

c. Title to, and property of the goods shall only pass to the customer on i-LAN TECHNOLOGY Pty Ltd’s receipt of all monies payable by the customer.

7. PAYMENT

a. All payments are to be made strictly cash net against invoices, except in the event of i-LAN TECHNOLOGY Pty Ltd’s provision of a credit account. If any invoice covers only part of an order, the amount shall be deemed an instalment of the purchase price, not a deposit. Any minor defects of the products that might arise shall not interfere with payment. Extension of credit shall be at i-LAN TECHNOLOGY Pty Ltd’s absolute discretion.

b. In the event that the customer defaults their payment of an invoice or otherwise, and under these terms and conditions or being adjudged bankrupt or compounding with creditors, i-LAN TECHNOLOGY Pty Ltd shall have the right to withhold further deliveries and retain any payments already made. This shall be in addition to any right of action or remedy by i-LAN TECHNOLOGY Pty Ltd for the recovery of any moneys due for any prior breach by the customer.

c. Additionally, in the case of default, i-LAN TECHNOLOGY Pty Ltd may charge interest on such amount at the rate of 3% per month from 14 days after the due date for payment until the date the account is paid in full.

8. DEFECTS APPARENT ON INSPECTION

a. The customer shall not have any claim for defects apparent on visual inspection unless:

i. the customer inspects the goods within fourteen (14) working days of delivery; and

ii. a written or oral complaint specifying the shortage or defect is made to i-LAN TECHNOLOGY Pty Ltd within fourteen (14) days of delivery; and

iii. i-LAN TECHNOLOGY Pty Ltd is given an opportunity to inspect the goods and investigate any complaint before any use is made of the goods.

b. If a complaint is not made to i-LAN TECHNOLOGY Pty Ltd as per paragraph 8(a) above, then the goods shall be deemed to be in all respects operational in accordance with the Contract.

9. WARRANTY AND LIMIT OF LIABILITY

The customer understands and agrees to the warranty terms and conditions, limit of liability, policies and procedures displayed at https://www.draytek.com.au/support/warranty-information/ 

10. SPECIFICATIONS AND TECHNICAL INFORMATION

a. All specifications are approximate only and are subject to normal margins of tolerance. i-LAN TECHNOLOGY Pty Ltd reserves the right to vary specifications without notice in light of changes in technical knowledge, production techniques, government or other regulation, consideration of safety or other reasonable causes.

b. The information contained in the advertising, sales and technical literature issued by i-LAN TECHNOLOGY Pty Ltd may be relied on to be accurate in the exact circumstances in which it is expressed. Any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based upon experience and from trials under test conditions. Accordingly, the information contained in i-LAN TECHNOLOGY Pty Ltd publications is provided for general guidance only and does not form any part of the Contract unless expressly agreed in writing by i-LAN TECHNOLOGY Pty Ltd. Purchasers should obtain specific recommendations and advice from i-LAN TECHNOLOGY Pty Ltd regarding the uses and attributes of i-LAN TECHNOLOGY Pty Ltd products and services; all such advice being given and accepted at the customers own risk.

11. CONSTRUCTION OF CONTRACT AND GOVERNING LAW

a. The terms and conditions herein constitute the entire agreement between i-LAN TECHNOLOGY Pty Ltd and the customer relative to i-LAN TECHNOLOGY Pty Ltd’s provision of goods and/or services, and supersede and take precedence over all prior agreements, understandings and negotiations relating to the goods and/or services.

b. i-LAN TECHNOLOGY Pty Ltd reserves the right to vary the Terms and Conditions of Trade from time to time. In the event of this occurring, i-LAN TECHNOLOGY Pty Ltd will publish the new version of the Terms and Conditions of Trade on its website www.i-lan.com.au and raise a news item for the distribution channel detailing the changes. Customers are expected to check these Terms of Conditions of Trade regularly.

c. The validity, interpretation and application of any quotations or contracts embodying these Terms and Conditions shall be governed by and construed in accordance with the law of the State of New South Wales.

12. REFUNDABLE PERIOD

The refundable period for all i-LAN TECHNOLOGY Pty Ltd’s products is fourteen (14) days commencing from the date of delivery of the products.

 

VigorACS 2 / ACS 3 Terms & Conditions

1. USE OF THE SERVICE OFFERINGS

a. You will adhere to all laws, rules, and regulations applicable to your use of the service offerings. You are responsible for all activities that occur under your account. These include the technical operations (i.e., protection and backup) of your content and any claims relating to your content.

b. Regardless of whether the activities are undertaken by you, your employees or a third-party (including your customers, contractors or agents) and, except to the extent caused by our breach of this Agreement, i-LAN Technology Pty Ltd and our affiliates are not responsible for unauthorised access to your account.

c. You will contact us immediately if you believe an unauthorised third-party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time.

2. CHANGES

i-LAN Technology Pty Ltd may change, discontinue, or deprecate any of the Service Offerings (including the Service Offerings as a whole) or change or remove features or functionality of the Service Offerings from time to time. i-LAN Technology Pty Ltd will announce any material change to, or discontinuation of the Service Offerings through our normal business channels including websites (www.i-lan.com.au and/or www.draytek.com.au), newsletters or email.

3. DATA PRIVACY

i-LAN Technology Pty Ltd will not disclose Your Content to an unrelated party without notifying you, unless required to comply with the law or requests of governmental entities.

i-LAN Technology Pty Ltd shall not be liable for any loss sustained by the customer through act or circumstance beyond i-LAN Technology Pty Ltd’s reasonable control, including, but not limited to hacking, Acts of Gods, or other unplanned outages or data breaches.

4. TEMPORARY SUSPENSION

i-LAN Technology Pty Ltd may suspend your or any End User’s right to access or use any portion or all of the Service Offerings immediately upon notice to you, if i-LAN Technology Pty Ltd determines:

a. Your or an End User’s use of or registration for the Service Offerings:

i.  Poses a security risk to the Service Offerings or any third-party

ii. May adversely impact the Service Offerings or the systems or Content of any other VigorACS 2 / ACS 3 customer

iii. May subject us, our affiliates, or any third party to liability

iv.  May be fraudulent.

b. You are, or any related End User is, in breach of this Agreement. You remain responsible for any applicable fees and charges for any Service Offerings to which you continue to have access after the date of suspension. You will not be entitled to any service credits for any period of suspension. i-LAN Technology Pty Ltd will not erase any of Your Content as a result of your suspension for at least 6 months.

5. TERM AND TERMINATION

You may terminate this Agreement for any reason by:

a. providing us a notice, and

b. closing your account for all Services provided by i-LAN Technology Pty Ltd

i-LAN Technology Pty Ltd may terminate this Agreement for any reason by providing you a 30 days advance notice, if:

a. Our relationship with a third-party partner who provides software that i-LAN Technology Pty Ltd uses to provide the Service Offerings expires, terminates or requires us to change the way i-LAN Technology Pty Ltd provides the software or other technology as part of the Services

b. i-LAN Technology Pty Ltd believes that providing the Services could create a substantial economic or technical burden or material security risk for us

6. LICENSE RESTRICTIONS

Neither you nor any of your related End User may, or may attempt to:

a. Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Service Offerings.

b. Reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings.

All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorise, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Service Offerings you have used.

7. INDEMNIFICATION

You will defend, indemnify, and hold harmless to us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, confrontations, electricity outages, storms, earthquakes, hacking crimes, communications systems failure, natural disasters and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:

Your or any End Users’ use of the Service Offerings (including any activities under your account and of use by your employees and personnel).
Breach of this Agreement or violation of applicable law by you or any End User.
Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content.
A dispute between you and any End User. If i-LAN Technology Pty Ltd or our affiliates are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then current hourly rates.

8. DISCLAIMERS

The service offerings are provided “as is”. i-LAN Technology Pty Ltd and our affiliates and licensors make no representations or warranties of any kind, whether expressed, implied, statutory or otherwise regarding the Service Offerings or the third-party content, including any warranty that the Service Offerings or third-party content will be uninterrupted, error-free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, i-LAN Technology Pty Ltd and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

9. MODIFICATIONS TO THE AGREEMENT

i-LAN Technology Pty Ltd may modify this Agreement at any time by posting a revised version on www.i-lan.com.au and/or www.draytek.com.au. The modified terms will become effective upon posting or, if i-LAN Technology Pty Ltd notifies you by email, as stated in the email message.

10. VigorACS 2 / ACS 3 TRIAL

VigorACS 2 / ACS 3 Trial is a software that is provided free of charge to customers for a trial period of 30 days. i-LAN Technology Pty Ltd will not keep customer’s trial information, and customer details including the node information is to be deleted after 30 days.

The customer acknowledges that he/she understands and agrees on the terms and conditions for VigorACS 2 / ACS 3 Trial/Licensed, in addition to the terms and conditions for trading with i-LAN Technology Pty Ltd.

Following the 30-day trial, the customer may opt to purchase the licensed version, ACS 2 / ACS 3 Licensed, to host on their own server or Cloud server. i-LAN Technology provides technical support and warranty for the working of the software itself to the extent of these terms and conditions.

 

DrayTek Threat Protection – End User Licence Agreement

This End User Licence Agreement (“Agreement”) sets out the terms and conditions governing the use of the Sentry Threat Protection service and related software provided by DrayTek Corporation (“DrayTek”, “we”, “us”, or “our”).

By downloading, installing, activating, accessing, or using the Technology, you (“End User”, “you”, or “your”) agree to be bound by this Agreement. If you do not agree to these terms, you must not download, install, activate, access, or use the Technology.

No licence is granted under this Agreement for any software or technology that has not been lawfully obtained or is not an authorised copy supplied by DrayTek or its licensors.

 
 
 

1. Definitions

In this Agreement, the following terms have the meanings set out below:

“Confidential Information” means any non-public information disclosed by one party to the other, whether before or after the Effective Date, that is identified as confidential or would reasonably be understood to be confidential by its nature. Confidential Information includes the Technology, Licence Keys, and the terms of this Agreement.

“Effective Date” means the date on which the Software is delivered, activated, downloaded, installed, or first used by the End User.

“Licence” means the limited right granted to the End User to use the Technology in accordance with this Agreement.

“Licence Key” means a code, token, or data string used to activate or authorise access to the Software.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Privacy Law” means any applicable law, regulation, code, or regulatory requirement relating to the collection, use, disclosure, storage, transfer, or processing of Personal Data.

“Software” means the software applications, updates, upgrades, patches, and related documentation supplied by DrayTek under this Agreement.

“System” means the backend infrastructure and associated services used to deliver the cyber protection features, including the Software and any supporting cloud-based systems.

“Technology” means the Software, System, documentation, updates, upgrades, fixes, and related services provided by DrayTek.

 
 
 

2. Licence Grant

    1. Licence
      Subject to compliance with this Agreement and payment of all applicable fees, DrayTek grants you a limited, non-exclusive, non-transferable, revocable licence to:

       

      • install and use the Software;
      • activate the Software using a valid Licence Key; and
      • access and use the Technology during the term of this Agreement.
    2. Restrictions
      Except as expressly permitted by law or this Agreement, you must not:

       

      • copy, reproduce, modify, adapt, or create derivative works from the Technology;
      • reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Technology;
      • sell, licence, lease, distribute, sublicence, publish, or otherwise make the Technology available to any third party;
      • use the Technology to develop or support any competing product or service;
      • use the Technology unlawfully or in breach of any applicable law or regulation;
      • attempt to gain unauthorised access to the Technology or related systems;
      • use automated tools, scripts, bots, or data mining techniques in connection with the Technology;
      • upload or transmit malicious code, malware, or harmful content;
      • interfere with or disrupt the operation, security, or availability of the Technology; or
      • permit any third party to do any of the above.
    3. Suspension or Termination
      DrayTek may suspend, restrict, or terminate access to the Technology immediately if you breach this Agreement.
    4. Security Obligations
      You must take reasonable steps to prevent unauthorised access to or use of the Technology and must notify DrayTek promptly of any suspected unauthorised use.
    5. Open Source and Distribution Restrictions
      You must not use the Technology in any manner that would require DrayTek to disclose or distribute the source code of the Software.
 
 
 

3. Term and Termination

  1. Term
    This Agreement begins on the Effective Date and continues until terminated in accordance with this section.
  2. Termination for Breach
    Either party may terminate this Agreement immediately by written notice if the other party materially breaches this Agreement and fails to remedy the breach where capable of remedy.
 
 
 

4. Effect of Termination

Upon termination of this Agreement:

  • all rights granted under this Agreement immediately cease;
  • you must stop using the Technology;
  • Licence Keys may be revoked and the Software may cease to function; and
  • any support, maintenance, or consulting services provided by DrayTek will end.

Sections relating to intellectual property, confidentiality, warranties, liability, privacy, indemnities, and dispute resolution will survive termination.

 
 
 

5. Intellectual Property

  1. Ownership
    All intellectual property rights in the Technology are owned by DrayTek and/or its licensors. This Agreement does not transfer ownership of any intellectual property rights to you.
  2. Protection of Rights
    You must not remove or alter any copyright, trademark, or proprietary notices contained within the Technology.
  3. Third-Party Services
    The Technology may rely on third-party infrastructure or cloud services. DrayTek is not responsible for interruptions, failures, or security issues arising from third-party services outside its reasonable control.
  4. Third-Party Software
    Certain components of the Technology may be subject to separate third-party licence terms. Where applicable, those third-party terms will apply in addition to this Agreement.
 
 
 

6. Warranties

  1. Service Standard
    DrayTek will use commercially reasonable efforts to provide the Technology with reasonable skill and care.
  2. Exclusions
    The warranty above does not apply where issues arise from:

     

    • misuse of the Technology;
    • use contrary to DrayTek’s instructions; or
    • use in breach of this Agreement.
  3. Internet and Network Limitations
    You acknowledge that the Technology depends on internet and communications infrastructure and may be affected by delays, outages, or interruptions beyond DrayTek’s control.
  4. Disclaimer
    To the fullest extent permitted by law, the Technology is provided “as is” and “as available”.
    DrayTek disclaims all warranties, whether express, implied, or statutory, including warranties of:

     

    • merchantability;
    • fitness for a particular purpose;
    • non-infringement;
    • uninterrupted availability; and
    • accuracy or completeness of analysis, alerts, or security insights.

    DrayTek does not guarantee that the Technology will be error-free, uninterrupted, or capable of preventing all cyber threats or security incidents.

  5. Cybersecurity Service Disclaimer
    You acknowledges that cybersecurity threats continuously evolve and that no cybersecurity product or service, including the Technology, can guarantee complete protection against all threats, vulnerabilities, or unauthorized access. Security features provided through the Technology are intended to reduce risk but do not eliminate all risks. Detection mechanisms may generate false positives or false negatives, and DrayTek does not guarantee that all malicious activities will be detected or that legitimate activities will not be blocked.Threat intelligence, analytics, and automated responses provided through the Technology are based on available data and algorithms and may not always be complete, accurate, or up to date.

     

    DrayTek shall not be liable for any damages resulting from security incidents caused by factors beyond its reasonable control, including but not limited to zero-day vulnerabilities, user misconfiguration, network conditions, or third-party services.

 
 
 

7. Limitation of Liability

  1. Use at Your Own Risk
    Your use of the Technology is entirely at your own risk.
  2. Force Majeure
    DrayTek is not liable for any delay, interruption, or failure caused by events beyond its reasonable control, including internet outages, telecommunications failures, natural disasters, industrial disputes, acts of government, war, or power failures.
  3. Exclusion of Liability
    To the maximum extent permitted by law, DrayTek will not be liable for:

     

    • loss of profits;
    • loss of business;
    • loss of goodwill;
    • loss or corruption of data;
    • indirect or consequential loss; or
    • any special, incidental, punitive, or exemplary damages.
  4. Liability Cap
    DrayTek’s total aggregate liability arising out of or in connection with this Agreement will not exceed the fees paid by you for the Technology during the 12 months preceding the event giving rise to the claim.
 
 
 

8. Confidentiality

Each party must:

  • keep the other party’s Confidential Information confidential;
  • use Confidential Information only for the purposes of this Agreement; and
  • disclose Confidential Information only to personnel or contractors who need to know it and who are bound by confidentiality obligations.

These obligations do not apply to information that:

  • is publicly available through no fault of the receiving party;
  • was already lawfully known to the receiving party;
  • is independently developed; or
  • is lawfully obtained from a third party without restriction.

Confidentiality obligations continue for three years after disclosure, except in relation to Licence Keys, Technology, and the terms of this Agreement, which remain confidential indefinitely.

 
 
 

9. Privacy and Personal Data

  1. Compliance with Privacy Laws
    Both parties must comply with applicable Privacy Laws.
    DrayTek may process Personal Data as both a data controller and data processor in connection with providing the Technology.
  2. End User Responsibilities
    You are responsible for obtaining all required consents and providing all necessary privacy notices relating to Personal Data supplied to DrayTek.
  3. Categories of Data Processed
    Personal Data processed by DrayTek may include:

     

    • device identifiers and metadata;
    • IP and MAC addresses;
    • DNS query information;
    • threat and security event logs; and
    • network configuration settings.
  4. Purpose of Processing
    DrayTek may process Personal Data for purposes including:

     

    • threat detection and prevention;
    • network and content filtering;
    • security analytics;
    • service improvement; and
    • operational support.
  5. Subprocessors
    DrayTek may engage third-party subprocessors to support delivery of the Technology. DrayTek will take reasonable steps to ensure such subprocessors comply with applicable data protection obligations.
  6. Retention
    Personal Data will be retained only for as long as necessary for the relevant processing purpose or as required by law.
  7. Deletion or Return of Data
    Upon termination of this Agreement or cessation of processing purposes, DrayTek will, where reasonably practicable and legally permitted, delete, anonymise, or return Personal Data at your request.
 
 
 

10. Export Compliance

You must comply with all applicable export control and sanctions laws relating to the use of the Technology.

You must not use, export, or transfer the Technology in violation of any applicable export laws or for prohibited purposes, including the development of weapons or prohibited technologies.

 
 
 

11. Indemnity

You agree to indemnify and hold harmless DrayTek, its affiliates, licensors, and personnel against any claims, losses, damages, liabilities, costs, or expenses arising from:

  • your use of the Technology;
  • your breach of this Agreement; or
  • your violation of applicable laws or third-party rights.
 
 
 

12. Governing Law and Disputes

This Agreement is governed by the laws of Taiwan (Republic of China), excluding conflict of law rules.

Any dispute arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of Taiwan unless the parties agree to resolve the dispute through arbitration in Taiwan.

 
 
 

13. General

  1. Assignment
    You may not assign or transfer your rights or obligations under this Agreement without DrayTek’s prior written consent.
  2. Relationship of the Parties
    Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship between the parties.
  3. Severability
    If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  4. Entire Agreement
    This Agreement constitutes the entire agreement between the parties relating to the Technology and supersedes all prior discussions, understandings, or agreements relating to its subject matter.
  5. Amendments
    Any amendment to this Agreement must be made in writing and agreed by both parties.
  6. Notices
    Any notice under this Agreement must be given in writing and delivered by hand, courier, or registered post to the relevant party’s notified address.