EZBooks.com.au

Terms and Conditions

Thank you for choosing EZBooks owned by Xcesslogix PTY Ltd. Please review these Terms and conditions (Agreement) thoroughly. This Agreement is a legally binding agreement between you and EZBooks. By clicking "I Agree," indicating acceptance electronically, or by accessing EZBooks, you agree to be bound by the terms in this Agreement. If you do not agree to this Agreement, then you may not use EZBooks. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and access EZBooks as a business or an individual.

1. AGREEMENT

This Agreement describes the terms governing your use of the EZBooks online services provided to you on this website, updates and new releases. This Agreement includes by reference:

  • Any terms provided separately to you for align="justify" the EZBooks, including product, activation, subscription, payment terms, etc.
  • You are not a person who is prohibited from receiving the Services under the laws of Australia.
  • You will comply with this Agreement and all applicable local, state and territory, national, and international laws, rules, and regulations, including applicable trade regulations.

2. YOUR RIGHTS TO USE EZBOOKS

The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by EZBooks within this Agreement. EZBooks reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, EZBooks grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
  • Decompile, disassemble, or reverse engineer the Services.
  • Make the Services available on any file-sharing or application hosting service.

    • 3. PAYMENT AND TAXES

    As we offer services on subscription basis, the following terms apply, unless EZBooks notifies you otherwise in writing. This Agreement also incorporates by reference and includes payment terms provided to you on the website for using EZBooks:

    Payments will be billed to you by EZBooks in Australian Dollars (AUD), plus any and all applicable taxes, including without limitation GST as shown in the subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the payment terms on the website for the EZBooks Services.

    You must pay with a valid credit or debit card.

    If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such align="justify"information changes, we may suspend or terminate your EZBooks account. We can always unsuspend your account once you provide us with accurate, current and complete payment and registration information, however we may still exercise our right of termination at any time during such suspension if you have not done so. Before we exercise our right of termination, we will endeavor to inform you (using the registration information we hold) and give you a reasonable period of time to correct the failure. Upon termination, you will be required to make any payments owing for your use of the EZBooks Services up to and including the date of termination. Any discounts or promotional offers or pricing that you currently enjoy will be voided permanently if your account is suspended or terminated and the price for your account will revert to the then current price.

    If you do not notify us of updates to your payment method (e.g., credit card expiration date), we may suspend your account till you update your card details. To avoid any interruptions, please make sure you update your card details before getting expired.

    EZBooks will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated in accordance with this Agreement.

    4. YOUR PERSONAL INFORMATION

    You can view EZBooks's Privacy Statement provided with the Services, which is also made available on the website for the Services. You agree to the applicable EZBooks Privacy Statement and any changes published by EZBooks and notified to you via the website. You agree that EZBooks may use and maintain your data according to the EZBooks Privacy Statement, as part of the Services. This means that EZBooks may use your data to improve the Services or to design promotions and to develop new products or services.

    5. CONTENT AND USE OF THE SERVICES

    5.1 Responsibility for Content and Use of the Services.

    By making your Content available through EZBooks, you grant EZBooks a worldwide, royalty-free, non-exclusive license to host and use your Content. Please try to Archive your Content regularly. You are also responsible for any lost or unrecoverable Content and for keeping backups of any Content you provide through EZBooks. You must provide all required and appropriate warnings, information and disclosures. EZBooks is not responsible for any of your Content that you submit through the Services.

    You agree not to use, nor permit any third party to use, the Services to upload, post, link to, publish, engage in, promote or transmit any of the following:

    • Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
    • Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual's privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    • Except as permitted by EZBooks in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
    • Virus, Trojan horse, worm or other disruptive or harmful software or data; and

    Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.

    5.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of EZBooks or could subject EZBooks to liability to third parties, including:
    (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks;
    (ii) interference with others use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks;
    (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting;
    (iv) viewing or other use of any Content that is prohibited under this Agreement;
    (v) any other activity that places EZBooks in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or
    (vi) attempting to probe, scan, penetrate or test the vulnerability of an EZBooks system or network or to breach EZBooks's security or authentication measures, whether by passive or intrusive techniques. EZBooks reserves the right to not authorize and may suspend or terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above ("Breach"). Upon suspension or termination, you must immediately stop using the Services. If we suspend your account, we will endeavor to inform you (using the registration information we hold) and give you a reasonablprice.

    You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by EZBooks.

    You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store "critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person. You are responsible for keeping backups of any Content which you provide through your use of the Services.

    5.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. EZBooks does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which EZBooks is not responsible.

    5.4 EZBooks may freely use feedback you provide. You agree that EZBooks may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant EZBooks a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to EZBooks in any way.

    5.5 EZBooks may monitor Content. EZBooks may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect EZBooks or its customers, or operate the Services properly. EZBooks, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

    6. TRANSLATION

    Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.

    7. ADDITIONAL TERMS

    7.1 EZBooks does not give professional advice. Unless specifically included with the Services, EZBooks is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.

    7.2 We may tell you about other EZBooks Services. You may be offered other services, or promotions by EZBooks ("EZBooks Services") by any means, including phone, email or SMS. You may opt out of receiving any such offers at any time by following the instructions set out in the promotion or by contacting customer care here. Additional terms and conditions and fees may apply to those other EZBooks Services. With EZBooks you may upload or enter data from your account such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant EZBooks permission to use information about your business and experience to help us to provide the EZBooks Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services. You grant EZBooks permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant EZBooks permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

    7.3 Communications. EZBooks may be required by law to send you communications about the Services or third party services that may affect the use of an EZBooks. You agree that EZBooks may send these communications to you via email or by posting them at one or more of our sponsored websites. You consent to receive these Communications electronically or by any other means. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.

    The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.

    In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, by selecting the "I Accept" button, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.

    If you later decide that you do not want to receive future Communications electronically, please notify us by contacting customer support. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.

    You agree to notify us promptly of any change in your email address. You can do so by contatc us via email or contact us page at the website.

    7.4 You will manage your passwords. You are responsible for securely managing your password(s) for the Services and to contact EZBooks if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

    8. WARRANTIES DISCLAIMER

    8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW AND, EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZBooks, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, CONDITION, REPRESENTATIONS AND GUARANTEES, EXPRESS OR IMPLIED RELATING TO THE SERVICES OR THIS AGREEMENT NOT CONTAINED IN THIS AGREEMENT, INCLUDING ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZBooks AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

    8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EZBOOK'S, ITS AFFILIATES' AND ITS SUPPLIERS' LIABILITY FOR THE BREACH OF ANY IMPLIED CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY WHICH CANNOT BE EXCLUDED IS (IF ANY LEGISLATION SO PERMITS) LIMITED TO THE MAXIMUM EXTENT SUCH CONDITION, GUARANTEE, REPRESENTATION OR WARRANTY CAN BE LIMITED UNDER APPLICABLE LAW.

    8.3 EZBooks, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

    8.4 NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT OR REMEDY, OR ANY GUARANTEE, WARRANTY OR OTHER TERM OR CONDITION, IMPLIED OR IMPOSED BY ANY LEGISLATION WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THIS MAY INCLUDE THE AUSTRALIAN CONSUMER LAW ("ACL") WHICH CONTAINS GUARANTEES THAT PROTECT THE PURCHASERS OF GOODS AND SERVICES IN CERTAIN CIRCUMSTANCES.

    8.5 IF ANY GUARANTEE, WARRANTY, TERM OR CONDITION IS IMPLIED OR IMPOSED IN RELATION TO THIS AGREEMENT UNDER THE ACL OR ANY OTHER APPLICABLE LEGISLATION AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND EZBooks IS ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN THE LIABILITY OF EZBooks FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED TO ONE OR MORE OF THE FOLLOWING AT EZBooks'S OPTION:

    IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; OR

    IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

    9. LIMITATION OF LIABILITY AND INDEMNITY

    SUBJECT TO EZBooks'S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY OF EZBooks, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), IN EQUITY, UNDER STATUTE OR ON ANY OTHER BASIS, SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE FIRST CAUSE OF ACTION GIVING RISE TO A CLAIM. SUBJECT TO EZBooks'S OBLIGATIONS UNDER THE NON-EXCLUDABLE PROVISIONS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZBooks, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; OR (B) DAMAGES RELATING TO: (1) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS; (2) CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE; (3) LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT; OR (4) USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET EZBooks SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF EZBooks AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF EZBooks, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

    FOR THE AVOIDANCE OF DOUBT, EZBooks DOES NOT EXCLUDE LIABILITY WHICH CANNOT BE EXCLUDED UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OF AUSTRALIA.

    You agree to indemnify and hold EZBooks and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable legal fees and costs, arising out of: (i) your use of the Services in breach of any laws or regulations; (ii) your breach of clauses 2.2, 6, or 12 of Section A of this Agreement; (iii) any breach by you of any third party rights (including intellectual property rights); (iv) your willful breach of this Agreement (v) your breach of clauses 5 or 10 of Section B of this Agreement; or (vi) any other breach of this Agreement, (collectively referred to as "Claims"). EZBooks reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by EZBooks in the defense of any Claims.

    10. CHANGES

    We reserve the right to modify this Agreement, and to change or discontinue the Services, in whole or in part, in our sole discretion, at any time ("Modification"). Where EZBooks believes a modification is not materially detrimental to you, the Modification will be effective when posted through the Services or on our website for the Services or when we notify you by other means. Where EZBooks believes that a Modification may be materially detrimental to you, EZBooks will provide with at least 30 days notice of such Modification. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.

    11. TERMINATION

    EZBooks may, in its sole discretion and without notice, restrict, deny, terminate this Agreement and/ or suspend the Services, effective immediately, in whole or in part, if we determine that your use of the Services: (i) violates the Agreement; (ii) is in violation of a law or regulatory requirement; (iii) is in a manner not contemplated by this Agreement; (iv) is improper or substantially exceeds or differs from what would be reasonably considered normal use by other users; (v) raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues; (vi) to protect the integrity or availability of the Services or systems and comply with applicable EZBooks policy; (vii) if you no longer agree to receive electronic communications; or (viii) or if your use of the Services conflicts with EZBooks's interests or those of another user of the Services. If we suspend your account, we will endeavor to inform you (using the registration information we hold) and give you a reasonable period of time to correct the failure. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination . Any discounts or promotional offers or pricing that you currently enjoy will be voided permanently if your account is suspended or terminated and the price for your account will revert to the then current price.

    Upon suspension or termination, you must immediately stop using EZBooks. Upon termination, you will be required to make any payments owing for your use of the Services up to and including the date of termination. EZBooks may terminate a free account at any time upon 7 days notice.

    12. EXPORT AND TRADE RESTRICTIONS

    You acknowledge that EZBooks itself, its website, delivered by EZBooks may be subject to restrictions under applicable export control laws in certain countries. You agree that you and your personnel will use the services under the laws of Australia or other applicable jurisdiction. You will comply with all applicable laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws and regulations, directly or indirectly.

    13. GOVERNING LAW

    The validity, construction and performance of this Agreement will be governed by and construed in accordance with the laws of New South Wales, Australia and the parties irrevocably submit to the exclusive jurisdiction of the courts of that state.

    14. DISPUTES

    All disputes, controversies or claims in connection with this Agreement or breach thereof, shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber Of Commerce ("ICC Rules"), by a single arbitrator mutually agreed to by the parties appointed in accordance with the ICC Rules. The place of arbitration shall be Sydney, Australia, and all proceedings, including required notices and requests to the parties shall be conducted in the English language. Each party may select its own counsel, including foreign counsel to participate on its behalf. The parties may engage in mutually agreed to, reasonable discovery subject to the ICC Rules. The award by the arbitrator shall be final and binding on the parties, and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. Notwithstanding the foregoing, the parties agree that each party has the right to seek, to the extent permitted under the laws of any relevant jurisdiction, temporary or permanent injunctive or other similar relief in any court of other authority of competent jurisdiction in respect of any claims of breach of confidentiality or for an order of specific performance or other relief. Each party will be responsible for its own costs of arbitration.

    EZBooks does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. EZBooks prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.

    15. NOT A TAX ADVISOR, FINANCIAL PLANNER OR BROKER

    EZBooks IS NOT INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. EZBooks IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. EZBooks is intended only to assist you in your financial organization and automating your business, so that you do not have to use paper at all to manage your business.

    16. SUBSCRIPTION

    16.1. Payment for Service. The Service is licensed on a monthly subscription basis to the User that pays for the Service. As the Administrator, you may choose whether you or another User pays for the license. Please review all of the details of the subscription that you purchase; some subscriptions provide access to one Service and others provide access to more than one Service.

    16.2. Subscription Cancellation. The Customer may notify us at any time, if he or she wants to cancel or terminate the subscription prior to the beginning of the new subscription period. In the event that EZBooks is unable to charge a Customer's chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, EZBooks has fulfilled your subscription term. Fees for the Services are not eligible for any pro-ration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as EZBooks is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.