EASYB2B

Terms of use

These Terms of Use (“Terms“) govern Your access to and use of the services available from the website Easyb2b or which we otherwise provide to You under the name “EASYB2B”, including our mobile applications, premium services, APIs, email notifications, applications, buttons, and widgets (the “Services“), and any content or information, text, graphics, photos or other materials uploaded, downloaded or appearing on or in relation to the Services (collectively referred to as “Content“). By agreeing to these Terms and using the Services, You are agreeing that these Terms constitute a legal agreement between You and EASYB2B. If You do not agree with these Terms, You may not use the Services.

“You” or “Your” means, except where otherwise stated or to the extent the context does not permit, the individual who accepts these Terms (and/or any Additional Terms) and any company or other legal entity on whose behalf that individual is accepting these Terms (and/or any Additional Terms).

“EASYB2B”, “we” or “our” means: EASYB2B (ABN 63 596 847 398) of 43 Cherry Street, Macleod, Melbourne, Victoria, Australia 3085.

EASYB2B may provide additional services to You from time to time (which will comprise Services under these Terms) and may require that You comply with additional terms or product requirements in relation to those Services (“Additional Terms “). Any Additional Terms will become part of Your agreement with us (and so, part of these Terms):

• If You use or select the relevant additional Services; or
• If the additional Services are automatically part of the Services unless You opt out of them (through the opt-out functionality we provide),

provided that we have made those Additional Terms available to You for Your review at the time of Your selection/ EASYB2B registration.

1. General terms

You are responsible for Your use of the Services, for any Content You post to the Services, and for any consequences thereof. The Content You submit, post, or display may be able to be viewed by other users of the Services and through third party services and websites. You may change the access settings of some Content You post. You should only provide Content that You are comfortable sharing with others in accordance with these Terms.

You may use our Services only as permitted by law. We may suspend or stop providing our Services to You if You do not comply with these Terms or our policies or if we suspect Your involvement in any misconduct in relation to the Services.

All intellectual property rights in the Services and the technology used to provide them are owned by us and will not be transferred to You under these Terms. You may not use Content from our Services unless You obtain permission from its owner or are otherwise permitted by law.

In connection with Your use of the Services, we may send You notifications, promotional material, service announcements, administrative messages, and other information. You may opt out of some of those communications (using the link in those communications).

2. Passwords and log-in information

When You register to use the Services, You will choose or be provided with a logon name and password to enable You to use the Services. You undertake not to disclose the password to any third party and to take all reasonable measures to prevent disclosure of the password to any third party.

We encourage You to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) to access Your account. If You learn of any unauthorised use of Your password or log-in details, please contact the EASYB2B Help Desk immediately. EASYB2B cannot control, and will not be liable for, any loss or damage arising from Your failure to comply with these requirements. You are responsible for any use of the Services by reference to Your account or password, even if that use occurs without Your permission.

3. Our Services

You are permitted to use the Services and any Content available from that use only for Your own business purposes, in the manner permitted by these Terms. You may not copy, reproduce, modify, distribute, sell, or lease any part of our Services or any Content, nor may You reverse engineer or attempt to extract the source code of any software used to provide the Service, unless You have our prior written permission.

EASYB2B is only acting as a platform to facilitate transactions between users to offer, sell and buy certain goods or services. EASYB2B is not directly involved in the transaction between buyers and sellers. As a result, EASYB2B has no control over the quality, safety, morality or legality of any aspect of the items or services listed, the truth or accuracy of the listings, the ability of the sellers to sell items or services, or the ability of buyers to pay for items or services. We do not pre-screen users or the Content or information provided by users. EASYB2B cannot ensure that a buyer or seller will actually complete a transaction and does not warrant that they will do so, or accept any responsibility for them failing to do so. Some users may have their own terms and conditions that apply to the purchase of their goods or services, and parties to a transaction may be bound by those terms and conditions. Those terms and conditions are outside the scope of these Terms and are in no way related to EASYB2B. Parties to a transaction should satisfy themselves of any such terms and conditions independently.

Under no circumstances will EASYB2B and its affiliates, officers, agents, and employees (“Personnel”) be liable to You for any payments, compensation or consideration of any kind with respect to any transactions between You and other users.

4. Content

Our Services allow users to upload, submit, store, send or receive Content.

You retain ownership in any intellectual property rights that You hold in any Content that You already own and upload, submit or post to, or store on, the Service (“Your Content”), and other users retain their ownership in any intellectual property rights they hold in any Content that is contributed by them. Any use of Content or materials by You, or reliance by You on Content or materials that have been posted by another user, is at Your own risk.

By submitting, posting or displaying Your Content on or through the Services, You grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, transmit, display, communicate, publish, publicly perform, publicly display and distribute such Content in any and all media or distribution methods (now known or later developed) to the extent required for us to provide the Services or to exercise our rights under these Terms.

All Content is the sole responsibility of the entity that makes it available. We may, but are not obligated to, review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe breaches these Terms or violates our Privacy Policy from time to time available at: www.EASYB2B.com (“Privacy Policy”) or the law. You are responsible for Your use of the Services, for Your Content, and for any consequences thereof, including the legitimate use of Your Content by other users and our third party partners.

We do not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or any opinions expressed via the Services. You understand that, by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. To the extent permitted by law, EASYB2B will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Our automated systems analyse Your activity and Content (including In-mails) to provide You personally relevant information such as product features, customised search results and tailored advertising.

You can find more information about how EASYB2B uses and stores Content in our Privacy Policy.

5. Privacy

Any information that You provide to EASYB2B is subject to our Privacy Policy. Your information may be shared with EASYB2B’s related parties across various jurisdictions. As part of providing You the Services, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which You may not be able to opt-out from receiving. Your acceptance of our Privacy Policy and use of the Services constitutes Your acceptance to receiving such communications.

We may also collect Your personal information so we can market services to You, which may be targeted to the Content or information on the Services, queries made by You through the Services, or other information. The types and extent of advertising by EASYB2B on the Services are subject to change. In consideration for EASYB2B granting You access to and use of the Services, You agree that EASYB2B and its third party providers and partners may:

6. EASYB2B rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of EASYB2B. Nothing in these Terms gives You a right to use the EASYB2B name or any of the EASYB2B trademarks, logos, domain names, and other distinctive brand features in any way. The intellectual property rights in any feedback, comments, or suggestions You may provide regarding EASYB2B or the Services are given on an entirely voluntary basis and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to You. The intellectual property rights in any such feedback, comments or suggestions will be assigned from You to us at the time of submission.

7. Restrictions on Content and use of the Services

We reserve the right at all times, but are under no obligation, to:

without incurring any liability to You.

We also reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to:

You may not do any of the following while accessing or using the Services:

8. Intellectual property rights infringement

We may terminate accounts of users who infringe, or who we have reasonable grounds to suspect infringe, intellectual property rights of others in connection with the Services.

If You think somebody is infringing Your intellectual property rights and want to notify us, You can contact our Help Desk. We reserve the right to remove any of Your Content that infringes, or is alleged to infringe, someone else’s intellectual property rights:

9. Modifying or terminating our Services

The Services that EASYB2B provides are always evolving and the form and nature of those Services may change from time to time without prior notice to You, where reasonably necessary (including as a result of actual or potential breach of security).

We may add or remove functionalities or features from time to time, and may suspend or stop providing a Service altogether. Where reasonably necessary to do so, we will use reasonable efforts to provide reasonable notice where practicable in the circumstances. We do not warrant or represent that all Services will be available at all times.

You can stop using our Services at any time for any reason by deactivating Your account or discontinuing Your use of the Services. You do not need to specifically inform EASYB2B when You stop using the Services. If You stop using the Services without deactivating Your account, Your account may be deactivated after a period of prolonged inactivity (24 months of continuous inactivity will be taken to be prolonged inactivity for this purpose)..

You should take reasonable steps to protect Your Content held or contained within the Services. All Content in a Service may be deleted on termination or discontinuance of that Service. Where commercially reasonable to do so, we will give You advance notice in order for You to remove or take copies of Your Content from such a Service prior to the discontinuance of that Service.

10. Disclaimer

We provide our Services using a commercially reasonable level of skill and care, however we do not warrant the delivery of our services or agree to providing You with any minimum level of service provision in relation to our Services.

10.1 Services are provided “AS IS”

YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW AND OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER EASYB2B NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY REPRESENTATIONS ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS IS” AND ON AN “AS AVAILABLE” BASIS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES AND GUARANTEES, SUCH AS THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES AND GUARANTEES.

WITHOUT LIMITING THE FOREGOING, EASYB2B MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR:

TO THE EXTENT PERMITTED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EASYB2B OR THROUGH THE SERVICES, WILL CREATE ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE.

10.2 Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that EASYB2B is not responsible or liable for:

Links to such websites or resources do not imply any endorsement by EASYB2B of such websites or resources or the content, products, or services available from such websites or resources, and the privacy policies of the operators of those websites apply to any information you upload to them. You accept sole responsibility for, and assume all risk arising from, Your use of any such websites or resources.

10.3 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) EASYB2B, AND EASYB2B’S SUPPLIERS AND DISTRIBUTORS FROM TIME TO TIME, EXCLUDE ALL LIABILITY THAT MAY ARISE AS A RESULT OF OR IN CONNECTION WITH THE USE OF THE SERVICES; (B) EASYB2B AND EASYB2B’S SUPPLIERS AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, USE OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

WHERE LIABILITY CANNOT BE EXCLUDED, THE TOTAL LIABILITY OF EASYB2B, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES AND GUARANTEES, IS LIMITED TO, AT OUR OPTION, THE RESUPPLY OF THE SERVICES OR (WHERE APPLICABLE) REPAIR OR REPLACEMENT OR PAYMENT OF THE COST OF HAVING THE SERVICES RESUPPLIED, REPAIRED OR REPLACED, OR OTHERWISE TO THE EXTENT PROVIDED FOR BY RELEVANT LAW.

THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT EASYB2B HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Your warranties

11.1 Warranties

You warrant that:

11.2 Indemnities

You agree to indemnify and hold harmless EASYB2B and its affiliates (including their respective officers, agents and employees (“Personnel”)) and any other user of the Services from any claim, action, loss, damage, cost or expense (together “Loss”) arising from or related to:

12. Waiver and severability

The failure of EASYB2B to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable in a particular jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary in the relevant jurisdiction only, and the remaining provisions of these Terms will remain in full force and effect. Any severance of a provision in a jurisdiction does not affect the validity or enforceability of that provision in any other jurisdiction.

13. Payment

If You purchase any services that we offer for a fee, either on a one-time, usage or subscription basis (“Premium Services”), You agree:

Failure to pay may result in the termination of Your Premium Services.

Depending on where You transact with us, the type of payment method used and where Your payment method was issued, Your transaction with us may be subject to foreign exchange fees or differences in prices, including due to currency exchange rates (and You bear any exchange rate risk).

EASYB2B does not support all payment methods, currencies or locations for payment. If the payment method You use with us, such as a credit card, reaches its expiration date and You do not edit Your payment method information, cancel Your account or cease using the Premium Services, You authorise us to continue billing the payment method You have previously provided us and You remain responsible for any uncollected amounts, including any interest that is payable on any overdue amounts.

When You purchase a subscription, Your obligation to pay fees continues through the end of the subscription period during which You cancel Your subscription. All applicable taxes are calculated based on the billing information You provide to us at the time of purchase. To the extent permitted by law, we do not guarantee refunds for lack of usage or dissatisfaction. You also acknowledge that EASYB2B’s Premium Services are subject to these Terms and any Additional Terms related to the provision of the Premium Service.

14. Automatic renewal

If You purchase any Premium Service available on a subscription basis and You have elected to have it renew automatically, You authorise EASYB2B to automatically renew Your subscription for the applicable additional term and charge You the applicable subscription fees at the then applicable rate (including any relevant tax or duty) via Your chosen payment method. You may change Your auto-renewal preferences or cancel Your subscription at any time before the end of the applicable billing cycle by accessing Your EASYB2B account. Any such cancellation will apply from the end of the then current billing cycle. EASYB2B may deactivate Your subscription without prior notice to You if we are unable to process the renewal payment via Your chosen payment method. If You choose to cancel Your subscription within 7 days after the renewal is processed, You will be entitled to a refund of the fees paid in respect of that renewal. Should You choose to cancel Your subscription later than 7 days after the renewal is processed, all fees will be non-refundable and Your subscription will continue until the end of Your then current subscription term.

15. Refund

Subject to the refund option noted in paragraph 14 above, and to the extent permitted by law, all payments made to us are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. Any refund or credit does not affect any other rights or remedies that may apply.

16. Governing law and jurisdiction

These Terms and any action related thereto will be governed by: the laws of Victoria, Australia.

without regard to or application of its conflict of law provisions or those of Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in the relevant jurisdiction noted in points (a) and (b) above, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

17. Contact

If You have any questions about these Terms, or would like to contact our Help Desk, please contact us at:
Contact us

18. These Terms

We may modify these Terms (including any Additional Terms that apply to a Service) from time to time, including, for example, to reflect changes to the law or changes to our Services. The most up to date version of these Terms will be available at . Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately upon notice to You of those revised terms (including by emailing You or posting the change on our website). If You do not agree to the modified terms for a Service, You should discontinue Your use of that Service. By continuing to access or use the affected Service after we have notified You of the change in Terms applying to that Service, You agree to be bound by the revised Terms. The current version of these Terms constitutes the entire agreement between You and EASYB2B with respect to the Services and supersedes all prior agreements, communications, representations and understandings related to the Services.

If there is a conflict between clauses 1 to 18 of these Terms and any Additional Terms, the Additional Terms will apply to the extent of any inconsistency, but solely in respect of the additional Services to which they relate.

These Terms control the relationship between EASYB2B and You; they do not, nor do they intend to, create any third party beneficiary rights.

Where EASYB2B has provided You with a translation of the English language version of these Terms, the Privacy Policy, or any other documentation, You agree that the translation is provided for Your convenience only and that the English language versions of these Terms, the Privacy Policy, and any other documentation, including any Additional Terms relating to Premium Services, will govern Your relationship with EASYB2B.