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engitech@oceanthemes.net

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EASY WEBSITES™ – TERMS OF USE

  1. INTRODUCTION
  1. Welcome to the website of Easy Websites™ located at www.easywebsites.io (“Website”) which is owned and operated by Easy Websites™ (ABN 88 201 213 259) (“Us”, “We”, “Our”).
  2. The Website makes available high-quality website design, website hosting, digital marketing and advertising services for purchase (“Services”).
  3. Please read these Terms of Use carefully. By accessing and using the Website, you become a user of the Website (“User”, “you”, “your”) and you agree to be bound by these Terms of Use and our Privacy Policy located at www.easywebsites.io/privacy-policy/. These Terms of Use constitute a legally binding agreement between you and Easy Websites™ (“Agreement”).
  4. We reserve the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services and Services available via the Website, without giving prior notice to its Users. It is your responsibility to check the Terms of Use each time you use the Website. 
  1. SERVICES & CHECKOUT
  1. When you view a listing for a Service via the Website, the listing shall include the price of that Service, a description of that Service and any other relevant information with respect to that Service.
  2. In order to purchase a Service, you must complete the “Check Out” process whereby you must:
    1. pay Easy Websites™ the fees applicable to that Service (“Fees”); and
    2. where applicable, enter and confirm your contact details 
  3. Once you complete the Check Out process, you will receive a confirmation by email of your Services purchase. This email confirmation is an acknowledgement of your purchase but will not constitute our acceptance of your purchase. 
  4. Easy Websites™ will use our best efforts to make available our Services, however, we make no guarantee that any Services offered via the Website shall be available.
  5. Easy Websites™ reserve the right at any time to modify or discontinue our Services and/or to change the information contained on the Website at any time without providing notice to you. 
  1. PAYMENT 
  1. All Fees payable to Easy Websites™ must be made via Stripe and/or Paypal. We note that payments made via Stripe are subject to Stripe’s User Agreement which can be read here: https://stripe.com/en-au/checkout/legal. Payments made via Paypal are subject to Paypal’s User Agreement, which can be read here PayPal.
  2. Easy Websites™ are not responsible for any payment of Fees processed (or not processed) and may offer other methods for payment from time to time.
  3. In the event that Easy Websites™ do not receive payment of the Fees in full, we have the right, at our sole discretion, to cancel your Service purchase. 
  1. CANCELLATIONS
  1. Any cancellations of your Services purchase shall be in accordance with your Service Agreement.
  1. TERMINATION & SUSPENSION 
  1. If we determine that you are in breach of this Agreement, Easy Websites™, in our sole discretion and without notice, have the right to limit access, suspend or terminate your Account and/or refuse or limit any and all current or future use of your Account and/or the Website. Such suspension or termination shall not release you of any obligations existing at the time your Account is suspended or terminated. In addition to terminating this Agreement, we will be regarded as discharged from any further obligations under this Agreement and may pursue any additional or alternative remedies provided by law.
  2. You have the right to terminate your Account via your Account’s page or by contacting Easy Websites™. Your account will be charged subject to the conditions of this Agreement at the end of the billing cycle, upon which your account will be closed.
  3. If you are in breach of this Agreement and/or your Account is terminated, suspended or otherwise limited, any purchase for Services placed but not yet commenced may be cancelled at our sole discretion.
  4. The following sections of these Terms of Use will survive termination: Termination & Suspension; Intellectual Property Rights; User Warranties; Indemnity; No Warranties and Limitation of Liability; Governing Law and Jurisdiction; and Entire Agreement.
  1. INTELLECTUAL PROPERTY RIGHTS
  1. Except for third party data or as otherwise stated, all other parts of the Website are owned or controlled by Easy Websites™ or third parties that have authorised such use, including but not limited to all trademarks, text, graphics, photographs, logos, underlying software, footage, sound recordings, musical works, videos, user interfaces, computer code, and other files and content of the Website (“Our Materials”).
  2. All rights are reserved. Our Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without our prior written consent.
  3. Easy Websites™ are the sole owner of all intellectual property in its Services and you must not copy, reproduce or adopt the designs embodied in any Services for any use, including but not limited to developing your own services or for any other purpose outside of this Agreement. 
  1. USER CONDUCT
  1. As a User, you must not (and must not allow any third party to):
    1. use the Website in any manner that could damage, disable, overburden, or impair the Website;
    2. attempt to gain unauthorised access to any parts of the Website;
    3. interfere or attempt to interfere with the proper working of the Website software; 
    4. use any robot, spider, scraper or other automated means to gain unauthorised access without express written permission from Easy Websites™;
    5. analyse, reverse engineer, attempt to replicate the underlying ideas, algorithms, and source code of the Website; and/or
    6. transmit any viruses, worms, defects, Trojan horses, malware or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data of the Website.
  2. Easy Websites™ reserve the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any third-party website or application which is linked to or from the Website. 
  1. USER WARRANTIES
  1. AS A USER, YOU WARRANT TO EASY WEBSITES™ AS FOLLOWS:
    1. THAT ALL DATA UPLOADED TO THE WEBSITE IS CURRENT, TRUE AND ACCURATE AND DOES NOT CONTAIN ANY VIRUSES, TRACKING SOFTWARE OR OTHER PROGRAMMING ALGORITHMS THAT INTERFERE WITH OUR PRIVACY, DATA OR COMPUTER SYSTEMS;
    2. IF YOU ARE USING THE WEBSITE OR AGREEING TO THESE TERMS OF USE ON BEHALF OF ANOTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO A COMPANY OR OTHER ORGANISATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THE TERMS OF THIS AGREEMENT; AND
    3. TO THE FULLEST EXTENT PERMITTED BY LAW (INCLUDING AUSTRALIAN CONSUMER LAW), WE WILL NOT BE IN ANY WAY LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY OF ITS SERVICES. 
  1. INDEMNITY 
  1. You indemnify Easy Websites™ and our officers, directors, employees, contractors and licensors against any and all costs, loss or damage suffered or incurred by reason of any third party data imported into the Website, the access and use of the Website and/or any breach or alleged breach of this Agreement by you.
  2. Should Easy Websites™, in our sole discretion, determine that you have breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
  1. NO WARRANTIES AND LIMITATION OF LIABILITY 
  1. To the fullest extent permitted by law (including the Australian Consumer Law), the Website is provided on an “as is” basis and without representations or warranties of any kind to you, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use, accessibility or warranties that access to or use of the Website will be uninterrupted or error-free. We do not represent that the Website will be secure or free of viruses or other harmful material or elements, or that any of Our Materials will be correct, accurate, timely or complete.
  2. Easy Websites™ may direct you to third-party websites, and is not responsible for the content, the accuracy of the information and any products or services available on such third-party websites and/or for any damage of any kind arising from your access or use of such third-party websites.
  3. To our fullest extent permitted by law (including the Australian Consumer Law), Easy Websites™ have no liability for consequential loss, loss of profit (actual or anticipated) or for other damages of any kind, however caused, arising in any way out of or in connection with the use of the Website and/or any of its Services, including but not limited to any changes, errors and/or misrepresentations made via the Website, the lack of access to any part of the Website or third party provided to Easy Websites™, the termination or suspension of the Account, and/or any modification or discontinuance of any Services.
  1. ASSIGNMENT
  1. You acknowledge that this Agreement is personal to it and you cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing by Easy Websites™. We reserve our right to assign the provisions of this Agreement at any time.

 

  1. GOVERNING LAW AND JURISDICTION 
  1. These Terms of Use and the access and use of the Website shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Website, you accept that any dispute under these Terms of Use or arising out of access and/or use of the Website shall be subject to the jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Website, you hereby submit to the jurisdiction of such courts for such purposes.
  2. You are solely responsible for compliance with any applicable laws of the State, Territory or Country from which you access the Website.
  1. ENTIRE AGREEMENT 
  1. This Agreement shall constitute the entire agreement and understanding between you and Easy Websites™ concerning the subject matter hereof and supersedes all prior agreements and understanding of you and Easy Websites™ with respect thereto.
  2. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

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