The services that On Technology Pty Limited provides to you (henceforth “you” or “your” or “User”), are subject to the following Terms of Service (henceforth "Terms"). On Technology Pty Limited (ABN 43 126 286 691) (henceforth “On Technology” or “We” or “us” or “our”) reserves the right to update the Terms at any time without notice to User.
These Terms outline the terms and conditions that apply to use of any Services provided by On Technology. By using any On Technology Service, you agree to comply with all of the terms and conditions defined herein. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your password(s), if any. We reserve the right to discontinue or to make complete or partial modifications to the Service provided, or to these Terms. We may make such changes at our own discretion and without notice or prior announcement. You are responsible for checking the most current version of the Terms at http://ezimerchant.com/General-Terms-of-Service. Any use of our Services shall constitute acceptance of the Terms published at the time of use.
Description and Use of Services
On Technology provide ecommerce software applications and tools (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition are subject to these Terms.
The Services may only be used for purposes that are legal, proper and in accordance with these Terms.
For any information, data, text, software, music, sound, photographs, graphics, images, video, messages or other materials (collectively “Content”), as the person from whom the Content originates, you accept full responsibility for any Content that is either privately transmitted or publicly posted using any of the Services. By way of example, and not as a limitation, you agree not to:
- Publish, post, upload, distribute or disseminate any defamatory or unlawful topic, name, material or information;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Use the Services in connection with junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights or have received all necessary consent;
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
- Download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
- Falsify or delete any copyright information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guidelines which may be applicable for any particular Service;
- Violate any applicable laws or regulations;
- Create a false identity for the purpose of misleading others.
On Technology has no obligation to monitor the Services. However, On Technology reserves the right to review material made available over the internet via an On Technology Service and to remove any material in its sole discretion. On Technology reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. On Technology reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or material, in whole or in part, in On Technology 's sole discretion.
Member Account, Password, and Security
If any of the Services requires you to open an account, you shall provide On Technology with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any activity that occurs within your account.
Passwords must be at least seven characters in length, contain both numeric and alphabetic characters, and be changed every 90 days.
- Passwords may be reused every fifth password. As such a new password is required for the first four expiries; thereafter the first password can be reused. “New” is defined as having at least one character different from the previous password.
- Passwords are not to be transmitted electronically over the unprotected Internet, such as via e-mail.
- Where you either know or suspect that your password has been compromised, the compromise must be reported to On Technology and the password changed immediately.
- Repeated access attempts are limited to a maximum of six before a User is locked out. Once locked out, you must contact On Technology and request a password reset.
On Technology will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's account at any time, without the permission of the account holder.
Copyright and Trademarks, Intellectual Property
All content made available to you via the use of our Services, including (but not limited to) text, graphics, photos, logos, buttons, illustrations, images and audio clips is the property of On Technology, On Technology's advertisers or On Technology's content providers. All this content is protected by Australian and International Copyright Laws. Unauthorised use of this material, including (but not limited to) reproduction, adaptation, modification distribution, transmission, republication, display or performance is strictly prohibited.
Trademarks may not be used without the express permission from On Technology. Any unauthorised use of these trademarks is expressly prohibited.
During use of our Services, On Technology grants you an ongoing, royalty free, non-exclusive right and license to use Intellectual Property owned by On Technology and used by On Technology for the purposes of providing the Services, provided that you only use such Intellectual Property for purposes as outlined by these Terms.
Disclaimer and Warranties
On Technology does not and cannot guarantee continuous, uninterrupted access to our Services. Operation of our services may be interfered with by numerous factors, including by factors outside of our control.
On Technology provides the Services "as is" and without any warranty or condition, express or implied. On Technology expressly excludes (to the fullest extent permitted at law) all warranties of any kind, including, without limitation, any implied warranties as to fitness of purpose or merchantability of the Services or that using the Services will not result in infringement of third party rights (including, but not limited to, intellectual property rights). In addition, On Technology makes no warranty that the Services provided by us, will be timely, secure or error free.
Limitations of Liability
Subject to any obligations or responsibilities implied by law which cannot be excluded, On Technology will not be liable for any lost profit or any direct, indirect, incidental, special or consequential loss or damage (including but not limited to economic damage) or any liabilities, claims or expenses (including, but not limited to legal costs and expenses) which may be suffered by you as a result of any negligent act or omission by us or arising out of or otherwise in connection with your use of our Services, whether in contract, tort (including but not limited to negligence), statute or otherwise.
Total liability of On Technology for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, to the supply of the Services again.
You indemnify and hold harmless On Technology, our subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or in connection with your use of our Services.
Links to Third Party Websites
Our Services may contain references and links to websites operated and maintained by external third parties (henceforth "Third Party Websites"). By providing these links, On Technology does not give its approval or make any warranties or representations as to their contents (henceforth "Third Party Material").
Subject to any obligations or responsibilities implied by law that cannot be excluded, On Technology makes no representations or warranties as to:
- The quality, accuracy or fitness for purpose of Third Party Material or products or services available through Third Party Websites.
- That Third Party Material does not infringe the Intellectual Property rights of any person.
On Technology makes no representations or warranties whatsoever about any other website that you may access through our Services. When you access a non-On Technology website please be aware that it is independent from any of the On Technology sites and On Technology has no control over the content of that website. All offers to sell goods or provide services made on Third Party Websites are the responsibility of and are given by the Third Party Website operator. On Technology does not endorse, or accept any responsibility or liability for, the content or accessibility or use of any Third Party Website linked from any of the On Technology sites.
Links to Third Party Websites are provided to you merely for the sake of convenience. Users access such Third Party Websites at their own risk.
Invoicing and Payment
On Technology shall submit invoice(s) each month in respect of charges, if any, arising during the month.
We may invoice you:
- For recurring of fixed charges, in advance (for example: Catalogue Management);
- For variable charges, in arrears (for example: Address Verification, SMS notifications, Credit Card transactions, etc);
- For any other charges for services activated by you as part of a subscription or Service selection.
Except to the extent you raise a valid billing dispute in respect of a bill issued by On Technology, you agree that the bill is valid and payable.
Service fees may vary from time to time. We will give you not less than 30 days prior notice of such variations.
Detailed invoices are made available online through this administration system.
If you provide us with credit card details for the purposes of paying for the Services, we may:
- Charge all invoiced fees against your credit card on a monthly basis, or more frequently to ensure ongoing service is maintained; and
- Disclose your credit card details to, and obtain information from, any financial institution or credit card issuer to verify the credit card details.
Where you fail to pay an invoice, On Technology may, without prejudice to any other remedy, suspend the provision of any Services until the payment is made.
You may cancel use of the Services with or without reason at any time by providing notice to On Technology through the ezimerchant support portal by raising a ticket.. Upon such termination, all outstanding invoices owed to On Technology, including any invoice yet to be raised for Services used since the last billing cycle shall immediately become due and payable; and all rights and licenses granted by On Technology to you under these Terms shall immediately terminate.
On Technology may cancel provision of any of the Services by providing written notice to you where:
- you commit a material breach of any of your obligations under these Terms and fails to remedy such breach within seven (7) days of receiving written notice of the breach;
- you enter into bankruptcy, liquidation or have a receiver appointed.
Upon such termination, the following shall apply:
- you shall immediately cease use of all Services;
- all amounts payable or accrued to On Technology shall become immediately due and payable;
- all rights and licenses granted to you as part of these Terms shall immediately terminate.
You are fully responsible for the content, completeness and correctness of any personal details or information you supply to On Technology.
Nothing in the Terms constitutes any relationship of employer and employee, principal and agent or partnership between you and On Technology.
Failure by either party to enforce a provision of the Terms shall not be construed as in any way affecting the enforceability of that provision or of the Terms as a whole.
Part or all of any clause of the Terms that is unenforceable or illegal will be severed from the Terms and will not affect the enforceability of the remaining provisions of the Terms.
Unless expressly stated otherwise, these Terms (and your use of our Services) are governed by the laws of New South Wales, Australia.