EzyClerk Terms and Conditions of Use (Terms)

These terms of use (Terms) set out the terms and conditions for your use of the EzyClerk Services offered by EzyClerk Pty Ltd (EzyClerk). Any person, business or organisation that uses any of the EzyClerk Services (You / the User) agrees to accept these Terms. If you do not agree to any of these Terms, then you should not use any of the EzyClerk Products.

EzyClerk Services - Description, Access and Delivery

An EzyClerk Subscription provides you with access to Point of Sale Services and Software, including the EzyClerk Web Management and Reporting Console and the EzyClerk Point of Sale Software Application (EzyClerk App) via download. The EzyClerk Subscription Options and the associated features of each Subscription Option are outlined on our website at www.ezyclerk.com.au Your chosen EzyClerk Subscription Option will commence immediately on receipt by us of your completed subscription details and payment details. An EzyClerk Subscription Confirmation Email containing details of how to access your EzyClerk Subscription and how to download your EzyClerk App will be provided to you via your nominated email address once we receive completed subscription and payment details. Each EzyClerk username and password (User Account) is assigned to a single user to use for your internal business purposes. You are responsible for all use, activities and charges associated with your User Account and for compliance with these Terms. If you authorise business users to use EzyClerk for your internal business purposes then you are also held directly responsible for their use of the EzyClerk Services and their compliance with all EzyClerk Terms.

General

Your access to the EzyClerk Service is limited to use for your internal business purposes. You agree that EzyClerk owns all of the intellectual property rights existing in and associated with all EzyClerk Services. You agree not to take any action inconsistent with such ownership. You agree not to distribute, licence, sub-licence, sell, rent, lease, share, transfer, assign or make the service available to any third party other than your authorised internal business users for the purpose of conducting your internal business. You agree not to modify, adapt, hack, decipher, decompile or reverse engineer or attempt to access or view the source code of any software or software components that form a part of the EzyClerk Service. You agree not to use the EzyClerk Service to upload, store or communicate illegal, obscene, hateful or discriminatory content. You agree not to use the EzyClerk Services to upload, store or transmit any viruses, malware, trojan horses or destructive or unsafe software. If any misuse is detected your EzyClerk Subscription may be terminated without refund.

You are responsible for maintaining a working high speed internet connection and any internal network connections and equipment required for your use of the EzyClerk Service. You are responsible for ensuring you use the Supported Third Party Software and Supported Hardware as stated under these Terms when you are accessing the EzyClerk Services, this includes ensuring you use supported browsers and any other relevant supported software, including supported operating systems. You are responsible for keeping your supported software up to date for relevant security upgrades and patches as well as any other upgrades and patches.

You may provide us with suggestions to improve or modify the EzyClerk Service but where you do provide such suggestions then we have no obligation to you whatsoever, including but not limited to, use your suggestions to improve or modify the EzyClerk Service, or to remunerate you for providing your suggested improvements or modifications to the EzyClerk Service.

You may not display the EzyClerk logo or any form of the EzyClerk branding unless you first obtain the prior written consent of EzyClerk.

System Requirements - Web portal:

EzyClerk requires that cookies and JavaScript are enabled in order to work properly.

System Requirements – Windows POS portal:

EzyClerk requires Windows 7 or later operating system.

Fees

The fees charged for use of the EzyClerk Services can be found on our website at www.ezyclerk.com.au All Fees displayed on our website are inclusive of GST. Fees for EzyClerk Services are subject to change at any time. We will try to notify you at least 30 days prior to any fee increase. Fees for EzyClerk Services are charged in advance on a monthly or annual basis. If you decide not to use your EzyClerk Services or if you decide to cancel your EzyClerk Services then any amounts paid in advance for a monthly or annual subscription are not refundable.

Upgrading and Downgrading Your Subscription Service

You may upgrade or downgrade your EzyClerk Services at any time. The upgrade or downgrade will be effective immediately. If you downgrade your account, no refunds will be paid in respect of any unused portion of the higher level subscription service. Subsequent to the period in which the downgrade occurs, the subscription fee applicable to the lower level subscription service will be charged to your nominated card as usual for each subsequent period. If you upgrade your account, we will charge your nominated card based the increased subscription fee on a pro-rata basis for the remaining of the current billing period. Subsequent to the period in which the upgrade occurs, the subscription fee applicable to the upgraded service will be charged to your nominated card as usual for each subsequent period. Downgrading your account may cause the loss of content, or features of capacity of your EzyClerk Service. If you choose to downgrade your account, EzyClerk does not accept any liability for the resulting loss of data, content, features or capacity.

Cancellation of your Subscription Service and Refunds

We can cancel or suspend your EzyClerk Services at any time if, at our sole discretion, you have committed a material or ongoing breach of these Terms or in any circumstance whatsoever of non-payment. No refund will be given to you if we cancel your EzyClerk Service for breach of these Terms. You are entitled to cancel your subscription with EzyClerk at any time. If you cancel your account before the end of your current paid up period, your service will remain action until your next payment date. You must cancel your EzyClerk Subscription Service via the EzyClerk website, any email or phone request to EzyClerk to cancel your EzyClerk Subscription Service is not considered to be a cancellation. If your EzyClerk Subscription Service is cancelled the following will occur:
  1. Your User Account will be made inactive
  2. All your data may be deleted
  3. Your data cannot be recovered
  4. Any and all of your rights under these Terms will immediately cease.
Your data cannot be recovered once your EzyClerk Subscription Service is cancelled. EzyClerk is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any information or data which you require is backed-up or replicated before cancellation.

Refunds

If some or all of the EzyClerk Services are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion, subject to any requirement by legislation. If we issue a refund or credit, we are under no obligation to issue the same or similar refund or credit in the future.

Privacy

EzyClerk Pty Ltd collects your personal information and may disclose the information to any other persons/ entities who assist with providing this Subscription service. EzyClerk may also use the information to assist us in improving our goods and services and to contact you in the future in regard to our other goods and services. We handle your personal information in accordance with our Privacy Policy. You can contact us regarding your personal information by emailing us at info@ezyclerk.com.au.

Amendments

We may change our Terms from time to time. You can find our latest Terms at www.ezyclerk.com.au/TC/terms.html and you should check for updates to our terms from time to time