These terms and conditions apply to the use of this web site, including the purchase of any Member Services offered over this web site. In using this web site for these or any other purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site or Member Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of the web site and Member Services including the EzyMsg Anti Spam Policy.
In these terms and conditions, the expressions we, us and our are a reference to EzyMsg.
Member Service means the EzyMsg online member service, including but not limited to the proprietary or administration software provided by us to any Licensee or Member, or any rights of access to our web site and its products.
Amendments to Terms and Conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site or within the members services area. Your continued use of the web site and members services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Grant of Licence
EzyMsg grants to the member a non-exclusive right during the term of this agreement to use the Member Services pursuant to the terms and conditions set out herein. Your use of the Member Services confers no title or ownership in the Member Services. All ownership rights remain in EzyMsg.
In order to be able to access the information offered in the Member Services area, you must become a member. To become a member, you must complete your registration details in the manner described on the web site.
We reserve the right to terminate your membership at any time if you breach these terms and conditions.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details as originally supplied.
You agree not to use our products or services for any unlawful purpose (whether known or not) or in any manner which may infringe or violate any third parties rights. You further agree that you will not use our service to transmit or upload any harmful files or unsolicited e-mail addresses. You further agree that you will not use our service to transmit any unsolicited messages.
In the event that you, any one logged into your account, or in the case of a reseller, any member within your account, causes any IP address owned by EzyMsg to be listed on any blacklist (e.g. SORBS), you irrevocably agree to pay AUD$150 per IP address listed and all fees associated with its removal. Current removal fees from SORBS are USD$50 per IP address.
You agree to use our services in an acceptable manner where your use is concurrent with the expected usage of our member services. Where your usage is considered unacceptable you agree to pay all excess usage costs or other costs that EzyMsg considers reasonable and your membership may be terminated. You further agree not to upload files for distribution via other electronic means or any other usage that may be considered unfair, deceptive or illegal or which contains prohibited or potentially prohibited content which is (or would be) classified RC or X by the Classifications Board or classified R by the ABA and which must comply with any other applicable law.
You agree that you are solely responsible for complying with any law (whether in existence now or in the future) which may apply to you or us, which is in any way is connected with the use, or otherwise, of our products or services.
Upon registration, you will be provided with a password and account designation. You must not disclose any user ID, password or other log in information to any person.
You agree to pay for our services in the manner specified on the web site or any other document that specifies pricing. EzyMsg reserves the right to adjust any pricing for any of its products and services. EzyMsg will inform members of such adjustments at which time the member has the option to terminate their membership as described under 'Termination of Access' within these Terms and Conditions.
Cancellation due to Error
You acknowledge that despite our reasonable precautions, products offered by us may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
All information provided by us pursuant to these terms and conditions is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. In addition, we do not make any representation or warranty that the 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 seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you pursuant to our information service. You agree to use our information service for lawful purposes only.
You 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 us arising out of a failure by you (or by any person using your password or ID, whether or not you have authorised that person to use your password or ID) to comply with these terms and conditions.
This disclaimer set out in these terms and conditions 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 accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of your Membership Services or this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
- (i) the replacement of the goods or the supply of equivalent goods,
- (ii) the repair of such goods,
- (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- (iv) the payment of the cost of having the goods repaired;
and (b) if the breach relates to services,
- (i) the supplying of the services again or
- (ii) the payment of the cost of having the services supplied again;
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods or services acquired from us over this web site will meet your requirements.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws ofyour jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, 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 web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
Copyright in this web site (including text, graphics, logos, business names, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, 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 web site; or commercialise any information, products or services obtained from any part of this web site; without our written permission.
This web site includes trade marks which may be the subject of registration applications.
You must not use any of our intellectual property:
- in or as the whole or part 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;
- in a manner that disparages us or our information, products or services (including this web site).
- You must not authorise or assist any person to do any of the acts specified above.
By using the member services, you agree that company Trade Marks may accompany information or services being accessed, viewed and or sent from our services and that you will not remove, or in any way interfere with these Trade Marks.
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
Linked Web Sites
This web site may contain links to other web sites (linked web sites). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
How we handle e-mails
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
Access to this web site and our services may be terminated at any time by us without notice. Members may terminate his/her or its access at any time by notifying EzyMsg in writing. Any outstanding fees and charges become immediately payable and will be calculated at the set rate for the remainder of the current month.
If an account is in credit at the time of account termination, a $30 administration fee will apply and any remaining credit will be reimbursed to the Member. Our disclaimer and indemnity nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in Queensland. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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