Terms And Conditions

These terms and conditions comprise four separate sections as follows:

  • General Terms

These terms apply to all end users and may be changed by us from time to time at our discretion.

  • Licence Terms

All our products and services are subject to their own application-specific licence terms that apply to all end users of those products and services. The licence terms for all our products and services are based on the generic form of licence below. Please refer to the relevant application-specific licence terms (available on our website) for any particular product or service you may be interested in using. Those terms will also incorporate (in particular) the relevant price and payment terms.

  • Direct Debit Terms

We may invoice end users electronically and collect payment under a direct debit authority from their bank account or on their credit card. Direct debit arrangements are subject to these terms.

GENERAL TERMS

These terms apply to all end users and may be changed by us from time to time at our discretion.

These terms apply to the use of this website including the take-up of any product or service offered over it. In using this website for these or any other purposes, you agree to be bound by these terms. If you do not accept them, you may not take up and product or service offered over it. These terms must be read in conjunction with any other applicable terms and conditions governing the use of this website and any particular product or service offered on it.

Terminology

The expressions ‘we’, ‘us’ and ‘our’ are a reference to EzyVault or any other relevant company within the EzyVault  group that may offer products or services.  This includes our parent companies, suppliers, affiliates, resellers or their associates involved in the promotion of the system or services and products inside the system.

References to services include the information service referred to under ‘Information Service’ below as well as other applications in the nature of a service from time to time provided or made available by us.

The term ‘including’ means ‘including but not limited to’.

The expression ‘terms’ means ‘terms and conditions’.

Amendment

We reserve the right to amend these terms from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website, and of any of our products and services, following any such notification will represent an agreement by you to be bound by the terms as amended.

Grant of Licence

The right for any end user to make use of any of our products and services is governed by the terms of the relevant application-specific licence and, in addition, by these terms. These terms have general application to all our products and services.

Use of any of our products and services does not confer any right, title or interest to or in any of them and is not to be taken as evidencing any such right, title or interest. All such right, title and interest are (as between you and us) are at all times vested exclusively in us.

You must become a member in order to access the information offered in the member benefits area of this website.

The member benefits area of this website is a resource that is available to our channel partners, end users of our products and services, and others wishing to become members – for instance to receive information from us in relation to current and anticipated product and service offerings.

Please register by completing your details in the sign up section on this website if you wish to become a member.

We may at our discretion accept or reject any application for membership but will, upon registering you as a member, notify you of your end user ID and password and any other relevant login information.

You must not disclose any end user name, password or other login information to any person or entity.

You must ensure that your registration details are true and accurate at all times and must notify us promptly of any change to your registration details.

We reserve the right to terminate your membership at any time if you breach any of these terms.

You must not (whether knowingly or otherwise) use any of our products and services:

  • for any unlawful purpose or in any manner which may infringe or violate any third parties rights; or
  • to transmit or upload any harmful files or unsolicited email messages.

You must:

  • use our products and services in a manner that (according to standards of commercial behaviour and fair dealing generally accepted by reputable persons carrying on business in Australia and New Zealand) may reasonably be considered acceptable and in accordance with their expected use; and
  • not upload files for distribution via other electronic means or for any other use that (according to such standards) may reasonably be considered unfair, deceptive or illegal.

You, and you alone, are responsible for complying with any law or regulatory requirement from time to time in force relating in any way to the use, or otherwise, of any of our products and services.

You must make due and timely payment for our products and services in the manner specified in or pursuant to the relevant application-specific licence terms.

We may from time to time at our discretion adjust prices for any of our products and services but will notify end users in advance and allow them, if they wish to do so, to terminate their use of any of our products and services concerned.

Cancellation or Termination for Error

We make all reasonable efforts to avoid errors but may on occasion show incorrect price or other information in relation to products and services due to typographical error or clerical oversight. In any such circumstances (notwithstanding acceptance of any order or payment to us) we may at our discretion cancel any transaction affected or terminate any agreement concerned. We may do this at any time before delivery or supply of the relevant product or service and will on doing so, immediately refund any relevant payment made to us.

Information Service

All information provided or made available by us pursuant to these terms is provided in good faith and as information of a general nature only. No such information is in any circumstances provided as advice, and you should not in any circumstances place any reliance upon it.

We derive our information from sources which we believe to be accurate and up to date as at the date of publication but nevertheless reserve the right to update this information at any time both before and after publication.

We do not make or give any representation or warranty that any information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.

You should make your own enquiries and consider seeking independent advice from relevant industry professionals before acting or relying on any information or material which is provided or made available to you pursuant to our information service.

You must use all information provided or made available by us for lawful purposes only.

Notices

Notices by either of us to the other should preferably be given by email as follows:

  • by us to you at your email address notified by you on first entering into this agreement or other email address from time to time current and duly notified to us; and
  • by you to us at [email protected]

They may also be given by post or fax as follows:

  • by post:
  • by us to you at your registered office on public record from time to time; and
  • by you to us at 119 Cecil Street South Melbourne Victoria 3205 Australia; and
  • by fax:
  • by us to you at any fax number from time to time published as your fax number on your website or (whether in hard copy or electronic form) on any business stationery of yours; and
  • by you to us at +61 3 9018 4444

Notices given in accordance with these requirements will be deemed to have been duly delivered:

  • in the case of email: upon transmission (as evidenced by an appropriate contemporary electronic record), if sent before 16:00 in the time zone of the recipient, and otherwise at 09:00 on the next day in the time zone of the recipient;
  • in the case of post: five days after posting (as evidenced by a receipt from the postal service); and
  • in the case of fax: upon transmission (as evidenced by a transmission report showing transmission in full of the relevant number of pages), if sent before 16:00 in the time zone of the recipient, and otherwise at 09:00 on the next day in the time zone of the recipient.

Notice periods are to be calculated from and including the day of delivery (established in accordance with the above provisions) to and including the last day of the notice period concerned.

Indemnity

You will indemnify us (and our related bodies corporate and our respective officers, employees and agents) against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), on a full indemnity basis, which may be instituted against any of us arising out of any failure by you (or by any person, whether or not with your authority, using your end user name or password or other relevant log-in information) to comply with these terms.

Disclaimer

This disclaimer does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not make or give any representation or warranty that any of our products or services will meet your particular requirements.

You should make your own enquiries and consider seeking independent advice from relevant industry professionals before deciding to whether or not to purchase any of our products and services to ensure they will meet your particular requirements.

We do not accept responsibility for any loss or damage (however caused and whether or not involving negligence on our part or the part of some other person or entity) which you may suffer, directly or indirectly, in connection with your use of this or any linked website, or any of our products and services, including any such loss or damage arising out of your use of or reliance on information contained in or accessed through this website.

Any condition or warranty which would otherwise be implied into these terms is hereby excluded to the full extent allowed by law. Any condition or warranty that, by law, cannot be excluded or, by law, cannot be limited in its application will apply on the basis that our liability under it will be limited to one or more of the following:

  • in any case where the breach relates to products:

    • replacement of the products or the supply of equivalent products;
    • repair of the products;
    • payment of the reasonable cost of replacing the products or of acquiring equivalent products; or
    • payment of the reasonable cost of having the goods repaired;
  • in any case where the breach relates to services:

    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again; and
  • in any case where neither of these is allowed under applicable legislation, to the maximum extent permitted by applicable legislation.

Specific Warnings

It is your responsibility, and yours alone, to ensure that neither access to nor use of this website (including our products and services) or any linked website:

  • exposes you to the risk of malicious computer code (including viruses, worms, trojans and spyware) or other forms of interference which may damage or compromise the integrity of any computer system owned or used by you; or
  • is not prohibited or restricted by any law or regulatory requirement to which you may be subject.

You should make sure you are aware of and understand the effect of, the exclusions and limitations of liability contained in these terms – including those under ‘Information Service’ and ‘Disclaimer’ above.

Responsibility for the content of advertisements appearing on this website (including omissions from them and links to advertisers' own websites and any other websites) rests solely with the advertisers. The placement of any such advertisements does not constitute a recommendation or endorsement by us or any of the advertisers' products and services.
This website and information contained on it (including in relation to our products and services) have been prepared in accordance with Australian and New Zealand law and may not satisfy the laws and regulatory requirements of any other country. We do not warrant that this website or any such information will satisfy the laws of any other country. It is your responsibility to determine whether they satisfy the laws and regulatory requirements of the jurisdiction in which you reside (if that jurisdiction is not Australia or New Zealand) and, accordingly, whether you may not order any products or services from this website in compliance with them.

You should be aware that, despite all reasonable precautions on our part to avoid any such risk, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any loss or damage which you may suffer, directly or indirectly, in this regard.

Copyright

Copyright in this website (including text, graphics, logos, business names, icons, sound recordings and software) is owned or licensed by us. Except as prescribed under applicable legislation, and in accordance therewith, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • commercialise any information derived from or any product or service referred to in this website;

without our written permission in each case.

Trade Marks

This website includes trade marks which may be registered or subject to pending registration applications in certain jurisdictions. You must not use any such trade mark or any of our intellectual property:

  • in or as the whole or any part of any of your own trade marks or business name or company name;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that may reasonably be considered as disparaging us or any of our information, products and services (including this website);

and must not authorise or assist any person to do any of those things.

Restricted Use

Unless otherwise specifically authorised by us in writing:

  • you are provided with access to this website only for your own specific use; and
  • you may not sell information derived from this website.

You are authorised to print a copy of any information contained on this website for your own specific use unless such printing is expressly prohibited.

Linked Websites

This website may from time to time contain links to other websites. We provide those links for convenience only and may or may not (at our discretion) maintain them or keep them current.

We are not responsible for the content of or any privacy practices associated with any linked websites.

Any link to any other website contained from time to time on this website does not constitute a recommendation or endorsement by us of the owner or operator of any such other website or of any of its material or information contained or referred to on it (including any third website linked to it) except as otherwise expressly stated.

LICENCE TERMS

All our products and services are subject to their own application-specific licence terms that apply to all end users of those products and services. The licence terms for all our products and services are based on the generic form of licence below.

Please refer to the relevant application-specific licence terms (available on our website) for any particular product or service you may be interested in using. Those terms will also incorporate (in particular) the relevant price and payment terms.

End User Licence Agreement

This agreement is between:

1.      EzyVault Pty Ltd A.B.N. 38 131 899 100 – ‘we’ or ‘us’; and

2.     the end user – ‘you’ (ie the person or entity intending to download EzyVault).

Important Notice

EzyVault (‘the Software’) is made available by us for use by you under, and subject to, the terms and conditions of this agreement. You may not use the Software unless you enter into this agreement.

You should satisfy yourself that you understand and are willing to accept the terms and conditions of this agreement before entering into it. You enter into the agreement, and will be bound by its terms and conditions, if you click on the ‘agreed’ box in the sign up section of our website. Clicking on this box will indicate:  

  • that you have read and understood; and
  • that you approve and accept;

this agreement and its terms and conditions. Please read it in full before you click on the ‘agreed’ box.

Terms and Conditions

1. Licence

  • We grant you, and you accept, a non-exclusive, non-transferable licence to use the Software in order to obtain computer data storage and retrieval services from us or a third party provider authorised by us.
  • Your licence is subject to the terms and conditions of this agreement.
  • You may copy the Software on the hard drive or disc storage system within any personal computer of yours but not otherwise.
  • Any copy of the Software that you make must include this agreement as well as the copyright notice and all other proprietary and intellectual property designations contained in or on the Software.

2. Intellectual Property Rights

  • This agreement does not give you any right, title or interest in or to the Software but only with the right to use it in accordance with this agreement.
  • All right, title, and interest in and to:

    • the Software (and all modifications, enhancements, and derivative works);
    • all relevant intellectual property in respect of or associated with the Software (including trade secrets, patents, trademarks and copyrights, and rights of application therefore); and
    • all copies of the Software (as distinct from the media on which it may be held);

are and remain at all times (as between you and us) vested exclusively in us.

3. Software Code  

  • You have no right to take possession of, or to hold or use, the source code for the Software.
  • You may not in any way reverse-compile or otherwise reverse-engineer the Software.

4. Prohibitions on Dealing with the Software

You may not in any way:

  • modify the Software;
  • delete any part of the Software;
  • change any name or designation of any component of or file in the Software;
  • create any derivative work employing the Software or any part of it;
  • sell, distribute, or transmit the Software or any part of it; or
  • copy the Software or any part of it except in accordance with this agreement.

5. Term and Termination

  • This agreement continues unless and until terminated.
  • We may terminate this agreement by written notice to you if at any time you breach any of the terms or conditions of this agreement.
  • You may terminate this agreement at any time by written notice received by us not less than seven days before your regular billing date in which case we will not issue any invoice for any period after the end of your then current billing cycle.
  • All terms and conditions of this agreement relating to disclaimers of warranties, limitation of liabilities, remedies or damages, and our proprietary rights survive termination of this agreement.
  • Upon termination of this agreement all rights granted to you will cease and revert to us.
  • You must promptly upon termination of this agreement delete all copies of the Software in your possession or custody or under your control or that you have made.

6. Exclusion of Warranty and Liability

  • The Software is provided to you ‘as is’ without any warranty of any kind, express or implied, including as to merchantable quality and fitness for purpose.
  • All statutory and common law warranties and conditions are excluded to the full extent allowed by law.
  • You assume all risk associated with use of the Software including as to its quality and performance.
  • We have no liability for any loss or damage, direct or indirect, consequential or otherwise, (including loss of profit, business interruption, loss of information and third party claims) arising out of any use by you of the Software or any inability on your part to use the Software, even if we have been advised of or are otherwise aware of the possibility of any such loss or damage.

7. Miscellaneous

  • In this agreement the term ‘including’ means ‘including but not limited to’.
  • Any notice provisions in the general terms from time to time published on our website apply in all respects for the purposes of this agreement.
  • We may at any time assign our rights to a subsidiary and require you to enter into a new licence (in all material respects on the terms of this agreement) with the subsidiary concerned to have effect from a date specified by us on not less than thirty days’ prior written notice.
  • This agreement is governed by, and to be construed in accordance with, Victorian law.
  • You and we submit to the jurisdiction of the Victorian courts.
  • Any term or condition of this agreement that may for any reason be ineffective will be deemed severed from this agreement and will not affect the validity of any other term or condition of this agreement. All other such terms and conditions will continue in full force and effect.
  • This agreement represents the whole agreement between you and us relating to the Software to the exclusion of any other term or condition, express or implied, whether or not the subject of any previous communication.
  • We at EzyVault endeavour to ensure that the software is error free and technically sound. The system is based on the Microsoft.net technology platform and any short comings due to weaknesses or subsequent enhancements with Microsoft.net is beyond our control.

Notices

The notice provisions in the general terms from time to time published on our website apply in all respects for the purposes of this direct debit authority.

Please note that EzyVault will not be held responsible for any illegal, defamatory or offensive material stored on its site via the document library storage facility and you the user will be held accountable for any actions taking regarding such stored information. This includes but is not limited to the storage of illegal software, pirated music, child pornography, terrorist activities or any other material deemed illegal, defamatory or offensive.

 

 

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