Customer Terms and Conditions

About Ezisay

Ezisay Pty Ltd ACN 163 852 239 (Ezisay, we, us or our) provides a web based customer survey tool which uses unique URLs and or QR Codes, and allows users to provide feedback, surveys and comments on customer service (‘Services’). We do this by:

  • creating a client account and or sub account (‘account’);
  • populating the account with survey questions;
  • creating a unique URL or QR code for the account;
  • enabling users to provide responses, feedback and comments through the use of mobile devices; and
  • providing reports.

About this document

This document sets out the terms and conditions (Terms) that apply to our clients who seek to use our services. By applying to use of services, you agree to be bound by these terms.

Our relationship with you

You are an independent contractor. You are not our employee or agent and have no authority to act on our behalf or to bind us. You must not allow any person to believe otherwise.

Application

Where you seek to use our services, you must complete our application form and pay our fees.

If we agree to provide our services to you, we will notify you in writing and we will set up an account for you.

Once we create an account and advise you that it is ready for use, then you are liable to pay our fees.

Content of Accounts

You may change survey questions contained in an account at any time by logging in through our client portal.

You must ensure that the content of an account:

  • is not defamatory;
  • is not misleading and deceptive;
  • does not contain anything which is unlawful;
  • does not contain anything which may compromise the security, stability or integrity of EziSay, the account or our servers.

We reserve the right to remove the content of an account in our absolute and unfettered discretion.

We may also impose an acceptable use policy at any time, where we do, you must comply with it as though it is part of these terms.

Services

Subject to these terms, we will provide the services outlined in clause 1.
Once you start to use our services our system will collect data.
We do not warrant that the data will be complete or error free – but we will endeavor to ensure that the data collected through the use of our service is timely and complete.
We do not provide any service levels around the availability of the services, and you acknowledge that:

  • the services may not always be available;
  • the services may be suspended to enable maintenance and upgrades to our systems;
  • failure or unavailability of our service is not a defect in the services;

We do not promise that the services will:

  • be free from errors;
  • operate without interruption; or
  • be free from anything which may damage your computer or data.

Your access and use of our website and the Service is at your own risk. While payments to us are processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit. We may at any time, in our sole discretion and without notice to you, restrict, suspend or limit access to and use of this website or the Service.

Our charges

In order to use our services you must pay us:

  • a setup fee;
  • a monthly service fee;

Our current fees are set out in our Price List which is available which is available upon request.

We may vary our fees at any time, but where we do, we will endeavour to provide you with advance notice.

Our fees include goods and services tax.

We impose fees for each account we provide you – you are liable to pay our fees even if you do not use an account.

Confidential information

Confidential information means information of any kind and in any form:

  • relating to an account, our business, projects, technology, software, processes, plans, strategies, finances, intellectual property, trade secrets, research, contractual arrangements and personnel;
  • which includes data collected from the use of our services;
  • which by its nature is confidential or which a party knows or ought to know is confidential,

  • which may provide a party or another person with a commercial advantage over a party or any of their clients, and
  • which if disclosed may be detrimental to a party’s goodwill, reputation, standing or commercial best interests.

Confidential information does not include information which a party can show: is in or comes into the public domain other than by way of unauthorised disclosure, was already known to you at the date of disclosure (as evidenced by written records) without any obligation of confidentiality, or was lawfully disclosed by a third party to you without any restriction as to its use or disclosure.

Confidentiality obligations

The parties must, in relation to confidential information:

  • hold it in strictest confidence and not disclose, release or make it available to any person except with our prior written consent,
  • not copy, reproduce, publish or circulate it or allow any other person to do so,
  • take all steps necessary to prevent its unauthorised disclosure,

  • at our request, return it or destroy it and, if we require, certify that you have done so,
  • notify us immediately in writing if you suspect or aware of any unauthorised disclosure, and
  • do anything we reasonably require to restrain its unauthorised disclosure or mitigate any damage which may result from unauthorised disclosure.

Nothing in these Terms prevents a party from disclosing confidential information where:

  • required by law provided; or
  • in your case, where it is your customer feedback, or survey information;

Intellectual Property

All intellectual property rights in Ezisay and our services are owned by us, or where relevant our licensors. You must not:

  • do anything which may infringe, jeopardise or challenge such rights,
  • commercialise or attempt to commercialise such rights, reproduce, modify or adapt any part of an EziSay, our systems or our services except in the course of and for the sole purpose of participating in a contest, or

  • decompile, disassemble, reverse engineer or create derivative works from any part of our systems, or services or attempt to do any of those things.
  • Trade marks

EziSay and the Ezisay logo are trademarks of Ezisay Holdings Pty Ltd ACN 163 852 766. Other trademarks that may appear on our website or in an account are the property of our respective licensors.

You must not use any trade mark on this website without the prior written consent of the relevant owner.

Indemnity

You must indemnify us, our directors, officers, employees, agents and contractors against all Claims, loss, damage, harm, injury, costs, expenses, claims and liabilities directly, indirectly or consequentially incurred by us arising from or in connection with your breach of these Terms.

Liability

The Australian Consumer Law sets out certain consumer rights and remedies that cannot be excluded, restricted or modified. These Terms are subject to the ACL and do not exclude, restrict or modify them where it would be unlawful to do so. Subject to clause 12.1 and to the fullest extent permitted by law:

  • the Service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;
  • where any law implies a condition, warranty or guarantee into these Terms which cannot be excluded, our liability (and that of our principal) for breach of such a condition, warranty or guarantee will be limited to:
  • the resupply of the Service; or
  • the payment of the cost of resupply of the Service; and
  • we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with our website, its contents, the Service or your use of them.

Exclusion of implied terms and limitation of liability

Important consumer information: Nothing in this clause 14 limits the consumer rights and remedies referred to in clause 13.

Subject to clause 13:
Any representation, warranty, condition or undertaking that would be implied in your Contract by legislation, common law, equity, trade, custom or usage or otherwise is excluded from your Contract to the fullest extent permitted by law.

We do not warrant or represent the performance, accuracy, reliability or continued availability of EziSay or that it will operate free from faults, errors or interruptions.

We are never liable to you for, and you release us from any Claim for, any Contract Loss.

For the purposes of these Terms:

  • Claim means any claim, demand, action, proceeding or legal process (including by way of set off, cross-claim or counterclaim);
  • Contract Loss means loss or damage suffered by a party and arising in connection with or out of your Contract or any supply made under it (whether pleaded in contract, tort, breach of statutory duty or on any other basis, and whether arising from acts or omissions, and whether or not loss or damage the risk of which another party was or should have been aware), including but not limited to: economic loss;
  • business interruption;

  • loss of revenue, profits, actual or potential business opportunities or contracts;
  • anticipated savings;

  • loss of profits;
  • loss of data;
  • indirect or consequential loss;
  • an obligation to indemnify another person;
  • an obligation to contribute to the compensation of loss or damage suffered by another person

Miscellaneous

We may amend these Terms from time to time by giving you written notice. Amendments will not apply retrospectively.

You may not assign any part of your rights or obligations under these Terms without our prior written consent.

Our rights, remedies and powers under these Terms are cumulative and not exclusive of any rights, remedies or powers provided to us by law.

If we overlook a breach of these Terms on one or more occasions, we are not taken to have agreed to any future breach.

If a provision of these Terms is unenforceable it must be read down, to the point of severance if necessary.

These Terms constitute the entire agreement between you and us in relation to its subject matter and supersede all other agreements, arrangements or understandings.

These Terms are not to be construed against a party because that party was responsible for its preparation.

These Terms are governed by the law of Victoria, Australia.