The following Conditions & Terms of service may be updated by Ezibook.com.au from time to time, every effort will be made to notify you of any changes by email. Ezibook.com.au does not guarantee you receive such emails, therefore you should review these Terms and Conditions (TC) periodically for changes. In addition, when using particular Ezibook.com.au services, you and Ezibook.com.au shall be subject to any guidelines and rules applicable to such services which may be posted by Ezibook.com.au from time to time. All such guides and rules are hereby incorporated by reference into theTC. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TC to that part, but to the extent of any inconsistency between the TS and any guide or rule, the TS will prevail.
The "Ezibook.com.au" domain name and associated website is owned and run by Mega Productions (Australia) Pty Ltd ACN 115 789 672. All references to "Ezibook.com.au" in this TC imply a reference to the Pty Ltd company Mega Productions (Australia) Pty Ltd. For the purpose of this agreement,Mega Productions (Australia) Pty Ltd and Ezibook.com.au are the same entity.
DESCRIPTION OF SERVICE
Ezibook.com.au currently provides users with access to an online booking system that can be configured and maintained by the users (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TC. You acknowledge and agree that the Service is provided "AS IS" and that Ezibook.com.au assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any information the user submits to the Service.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's forms and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ezibook.com.au has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ezibook.com.au has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
This policy does not apply to the practices of companies that Ezibook.com.au does not own or control, or to people that Ezibook.com.au does not employ or manage.
Information Collection and Use
Ezibook.com.au collects personally identifiable information when you register for a Ezibook.com.au database, when an administrator enters your details into a Ezibook.com.au database or when you or an administrator enters information about resources you may own or have a direct or indirect attachment to.
When you register or when you are registered with Ezibook.com.au, we ask for your name, email addressand contact details. Once your details have been entered into the Service and you login to the Service, you are not anonymous to us.
Ezibook.com.au also automatically receives and records information on our server logs from your browser including your IP address, Ezibook.com.au cookie information and the page you requested.
Ezibook.com.au does not use information for general purposes, no information is passed on to external companys or partys. Information is collected to verify users identity and to prevent unauthorised use by other users of such identities.
Information Sharing and Disclosure
Ezibook.com.au will not sell or rent your personally identifiable information to anyone.
Ezibook.com.au will send personally identifiable information about you to other companies or people when
- We have your consent to share the information;
- We respond to subpoenas, court orders, any legitimate request by authorities with which we must comply or legal process.
Your Ability to Edit and Delete Your Account Information and Preferences
Ezibook.com.au gives your chosen database administrators the ability to edit your personal information at any time.
Your chosen database administrator may deactivate your Ezibook.com.au account or remove resources from the database without notice to you or Ezibook.com.au.
Ezibook.com.au does not accept liability to you or any third party by any such action by an administrator
You can request deactivation of your own account or removal of resources by emailing the system administrator firstname.lastname@example.org
All personal member information is removed from the database when the account is deactivated, all resource information is removed from the database when a resource is removed. However your information will be retained in the form of regular system backups for a number of days afterwards.
Your Ezibook.com.au Account Information is password-protected for your privacy and security.
Ezibook.com.au may amend this policy from time to time. If we make any change in the way we use your personal information we will notify you by email and an information page on our Service.
Questions or Suggestions
If you have questions or suggestions email email@example.com. Every effort will be made to address your email promptly.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation when your details are entered into the Service. You and your database administrators are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Ezibook.com.au of any unauthorised use of your password or account and any other breach of security. Ezibook.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge that all information, data, and text ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Ezibook.com.au are entirely responsible for all Content that you post, or otherwise transmit via the Service. Ezibook.com.au does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ezibook.com.au be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You agree to not use the Service to:
- Post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Fill the service database with irrelevant information or junk or otherwise act in a manner that negatively affects other users' ability to use this Service effectively.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable law or regulation;
- Collect or store personal data about other users.
You acknowledge that Ezibook.com.au does not pre-screen Content, but that Ezibook.com.au and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Ezibook.com.au and its designees shall have the right to remove any Content that violates the TC or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or displayed by Ezibook.com.au or submitted to Ezibook.com.au.
You acknowledge and agree that Ezibook.com.au may preserve Content and may also disclose Content (a) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to: (b) comply with legal process; (c) enforce the TC; (d) respond to claims that any Content violates the rights of third-parties; or (e) protect the rights, property, or personal safety of Ezibook.com.au its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Ezibook.com.au reserves the right to terminate your access to all parts of its Service if you withdraw your consent in this paragraph at any time.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia and the country in which you reside (if different from the aforementioned).
You agree to indemnify and hold Ezibook.com.au, it's directors, secretaries and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TC, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Ezibook.com.au may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that a database or organisation will be retained by the Service if unused. You agree that Ezibook.com.au has no responsibility or liability for the deletion or failure to store any information you submit, maintained or transmitted by the Service. You acknowledge that Ezibook.com.au reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Ezibook.com.au reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Ezibook.com.au reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. In the case of such a change, Ezibook.com.au will attempt to notify you by email, giving 30 days notice. You agree that Ezibook.com.au shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Ezibook.com.au in its sole discretion, may terminate your password or account or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Ezibook.com.au believes that you have violated or acted inconsistently with the letter or spirit of the TC. Ezibook.com.au may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TC may be effected without prior notice, and acknowledge and agree that Ezibook.com.au may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to the Service. Further, you agree that Ezibook.com.au shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Ezibook.com.au has no control over such sites and resources, you acknowledge and agree that Ezibook.com.au is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Ezibook.com.au shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
EZIBOOK.COM.AU'S PROPRIETARY RIGHTS
You agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Ezibook.com.au, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EZIBOOK.COM.AU EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
- EZIBOOK.COM.AU MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EZIBOOK.COM.AU OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TC.
LIMITATION OF LIABILITY
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EZIBOOK.COM.AU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZIBOOK.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF A SUBSTITUTE SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OF THESE TC MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Notices to you may be made either email or regular mail. The Service may also provide notices of changes to the TC or other matters by displaying notices or links to notices to you generally on the Service.
Ezibook.com.au and the Ezibook.com.au logo are the intellectual property of Mega Productions (Australia) Pty Ltd. (the "Ezibook.com.au Marks"). Without Ezibook.com.au's prior permission, you agree not to display or use in any manner, the Ezibook.com.au Marks.
COPYRIGHTS and COPYRIGHT AGENTS
Ezibook.com.au respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please email reporting the abuse on at firstname.lastname@example.org .
These TC (including the guides and rules referred to herein) constitute the entire agreement between you and Ezibook.com.au and govern your use of the Service, superseding any prior agreements between you and Ezibook.com.au. The TC and the relationship between you and Ezibook.com.au shall be governed by the laws of Australia. You and Ezibook.com.au agree to submit to the exclusive jurisdiction of the Australian courts. Any failure by Ezibook.com.au to exercise or enforce any right or provision of the TC shall not constitute a waiver of such right or provision. If any provision of the TC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TC remain in full force and effect. The section titles in the TC are for convenience only and have no legal or contractual effect.
Please report any violations of the TC to Ezibook.com.au via e-mail at email@example.com