Last updated: 23 September, 2019
The Services are designed to help You and others better manage the request, upload, receipt, verification, processing, storage and management of documents and other information (collectively, ‘Documents’)requested or uploaded byone party (‘Collector’) that would like to transact or otherwise engage with a customer or other 3rd party (each a ‘Sender’), and which may contain personal information as defined by any legislation, regulations, and other rules having equivalent force that relate to the use of the Services (‘Applicable Law’) (including in Australia the Privacy Act 1988 (Cth) (‘Privacy Act’) and subsequent amendments).
We hereby give You a personal, worldwide, non-assignable and non-exclusive right to access and use the Services for the sole purpose of requesting, uploading, receiving, verifying, processing, storing and managing Documents for a legal purpose. Use of the Services does not guarantee any result whatsoever with regard to the purpose for which You use the Services.
You may need to be a registered member to access certain of our Services. When you register and activate your ezidox account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the website in accordance with these Terms.
You agree to take all reasonable precautions to prevent any unauthorized access to, or use of, Your account and any Documents it contains, including the use of secure passwords. In no event shall We be held liable or responsible for any loss or damage You suffer or incur if You share Your password or do not adequately protect Your account.
If You are a Collector with administrator rights to the Services, You hereby undertake and accept full responsibility for:
- properly maintaining the list of users with access to Your instance of the Services, including a regular review to ensure it remains appropriate and that all users who no longer require access to Services are removed;
- assigning and maintaining appropriate user access/roles/permissions, appropriately limiting those with administrator level of access to ensure appropriate security practices are used to prevent unauthorized access to the Services by anyone other than authorized personnel;
- ensuring any custom roles defined by You and any other administrators are appropriate and enforced;
- ensuring the security settings of the Services comply with Your specific security policy requirements;
- ensuring the supervision, management, and control of the use of the Services by Your personnel and other authorised users;
- notifying Us of changes made to Your technical or administrative contact details;
- maintaining the security of data associated with integrations and API’s connected to the Services which may result in confidential or sensitive data moving outside of the Services into 3rd party applications;
- reporting any security related concerns or incidents to Our security team in a timely manner by emailing firstname.lastname@example.org with a full and accurate description of the concerns or incidents.
We accept no responsibility whatsoever for the acts or omissions of any user You may give access or administrative rights to the Services.
You hereby consent to Documents being requested, uploaded, verified, processed, stored, managed, used, deleted and otherwise dealt with for the express purpose the Documents were provided for. You hereby release Us from any liability whatsoever relating to how You may store, use, delete or distribute Documents, or that may result from any act or omission by You with regard to Documents or the purpose for which they were provided.
In the event a Collector chooses to purge, delete or otherwise remove any or all of a Sender’s Documents from the Services, that Sender may lose the ability to access, download or recover those Documents. We accept no liability whatsoever for any cost, loss, damage or expense You or anyone else may suffer or incur as the result of the purging, deletion, removal or loss of any data, including Your Documents, by a Collector. We may, in our absolute discretion, offer Senders the ability to continue to store Documents in the Services with or without a fee in the event a Collector chooses to purge, delete or remove any or all of those Documents, in which case these Terms will continue to apply with regard to those Documents and that Sender’s ongoing use of the Services.
If You upload a 3rd party’s personal information to the Services, then You hereby agree to inform such 3rd party of the purpose for which that information is sought and will be used by the Collector (including that the supply of such information to make any enquiry to a governmental agency will be subject to an Information Match Request in relation to relevant Official Record Holder information of that 3rd party, and that a corresponding Information Match Result will be provided to Us via the use of 3rd party systems). In accordance with Applicable Law, We agree not use or disclose any government related identifier supplied to Us unless:
- the use or disclosure of the identifier is reasonably necessary for Us to verify the identity of the individual for the purposes of Our activities or functions; or
- the use or disclosure of the identifier is reasonably necessary for Us to fulfil Our obligations to a government agency or a State or Territory authority; or
- the use or disclosure of the identifier is required or authorised by or under an Australian law or a court/tribunal order.
All Documents that are uploaded, stored, processed or managed in the Services shall only ever be stored by Us on devices located in compliance with Applicable Law, unless We specifically obtain the Document owner’s consent to do otherwise, and shall only ever be used or shared by Us in accordance with the owner’s intent or action and in accordance with these Terms. We only share personal information about the Document owner with others for the purpose they provided it for.
We do not make any decisions or have any direct involvement in the transaction for which the Documents are provided. We do not have any access to, or visibility of, the content of Documents uploaded by Collectors, Senders or other 3rd parties.
All Documents that a Sender uploads to the Services shall only ever be used or shared by Us with another person or entity, including the relevant Collector, in accordance with the Sender’s intent or action and in accordance with these Terms.
You must not remove, obscure, or alter any branding, logos, legal or other notices displayed in connection with the Services, including the reports it generates. If You submit feedback or suggestions about the Services, We may use Your feedback or suggestions without incurring any financial or other obligation to You.
You hereby agree to take all reasonable steps to ensure all confidential and sensitive data related to the Services, including personal information and credit card details, are maintained within the security of the Services and not sent via e-mail or other non-secure communication platforms unless properly desensitized. In particular, You will take all reasonable steps to ensure You and Your customers do not send any such confidential and sensitive data to Us for any reason unless properly desensitized.
You hereby agree to follow all terms, conditions and instructions specified within the Services and only use the Services for the purpose for which it is intended and in accordance with Applicable Law.
You can stop using the Services at any time. Alternatively, We may terminate Your right to use the Services at any time in our absolute discretion for any reason or for no reason provided always that You will be given a reasonable opportunity to download any Documents You have stored in the Services if We terminate Your right to use the Services.
We will provide reasonable technical and other support for the Services as outlined in the Services and on Our website.
We retain all intellectual property rights in the Services. Using the Services does not give You any ownership rights whatsoever in the Services or any other part of Our business, or in any other 3rd party products or services that may be accessed or used as a result of Your use of the Services.
Without Our written permission, or unless authorized by Applicable Law, You may not copy, modify, distribute, sell, or lease any part of the Services, nor may You reverse engineer or attempt to extract the source code of the Services or any other part of the Services.
If you are a Sender of Documents there is no charge to use the Services to upload Your Documents to a Collector that has requested them, or to store them indefinitely unless the Collector chooses to delete or purge Your Documents.
If You are a Collector, You agree to pay all amounts due to Us for use of the Services in accordance with the plan You select (‘Fees’) and only use the Documents for the purpose they were submitted and in accordance with Applicable law and any agreement we have with You. Government taxes shall, if applicable, be payable by You in addition to the Fees payable by You. You will provide authorized credit card details to Us so that the Fees and GST can be charged by Us when due. Failure to pay the Fees and applicable taxes when due may result in the immediate termination of Your Services account.
If You are a Sender and You provide a Collector with Documents using the Services then You hereby consent to that Collector verifying, storing, managing, using, deleting and/or providing Your Documents to third parties for the purpose the Documents were provided for. You hereby release Us from any liability whatsoever relating to how the Collector may verify, store, manage, use, delete or distribute Your Documents, or that may result from any act or omission of the Collector with regard to Your Documents or the purpose for which they were provided.
We offer the opportunity to purchase certain goods and services from within the Services. All purchases You make are final and no refunds are offered or available unless otherwise indicated. In particular, if you purchase a plan or bundle of Document Requests they will remain valid for so long as you maintain an account with Us in good order but they cannot be returned for a refund if not used. If Your account is cancelled or terminated at any time, all Document Request credits that you have not used by the date of cancellation or termination will expire immediately without any right for You to demand a refund or any other compensation.
You hereby agree that We may send You messages and other information from time to time by email, SMS, notification and other methods while You maintain a Services account or otherwise use the Services.
We regularly change and improve the Services. We may automatically update the Services whenever a new version or feature is available, or if We remove certain functionality for any reason. You will not do anything to restrict or prevent such updates applying to any Services that You use in connection with the Services. Access to the Services may temporarily be suspended during both scheduled and unscheduled maintenance and upgrades and We will not be liable for any damage, loss, cost or expense You may incur during or as a result of such suspension.
The Services may use 3rd party technologies that We licence or otherwise use legally, but We provide no warranty or assurance whatsoever that We will continue to use those technologies in future as part of the Services.
We reserve the right to delete any data, including Documents, stored in Our Services without further notice if You cease to pay Us any amount required to use the Services or otherwise breach any of these Terms, in which case You hereby release Us from all liability for any cost, loss, damage or expense whatsoever that You or anyone else may suffer or incur as a result of Us deleting such data, including Documents. We accept no liability whatsoever for any cost, loss, damage or expense You or anyone else may suffer or incur as the result of Us so terminating the use of the Services or the deletion or loss of any data, including Documents.
We accept no liability whatsoever for any cost, loss, damage or expense You or anyone else may suffer or incur as the result of the purging, deletion, removal or loss of any data, including Documents, from the Services.
You hereby agree that a fair use policy applies at all times to Your use of the Services such that You will not authorize or enable others to use the Services without paying any Fees to Us that are otherwise applicable to that use, You will only use the Services in a reasonable manner and not in any way that is excessive, immoral, fraudulent, in breach of anyone’s intellectual property or other rights, or in breach of confidence or for any other illegal or immoral purpose. You will also not use the Services to transmit any unsolicited marketing material (spam). We may terminate Your access and right to use the Services if You breach Our fair use policy.
We develop and provide the Services using a commercially reasonable level of skill and We trust that the Services will be of significant use and value to You, but other than as expressly set out in these Terms and as required by Applicable Law We make no specific representations or warranties whatsoever concerning the Services or Your use of the Services, which are provided ‘as is’ and to the maximum extent permitted by Applicable Law We hereby exclude all implied representations and warranties.
To the maximum extent permitted by Applicable Law, Our total liability for any claims You may have under these Terms, including for any implied representations or warranties, is limited to the amount You paid Us to use the Services during the previous month. In no case whatsoever shall We be liable for any cost, loss, damage or expense that is not reasonably foreseeable or expressly stated and in no event shall We be liable for any loss of profits, special or consequential damages, even if We have been advised of the possibility of such.
If You do not comply with these Terms but We fail to take action immediately We are not giving up any rights that We may have to take action in the future. If any particular part of these Terms is not enforceable, this will not affect any of the other terms.
The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by Applicable Law, we make no warranty regarding the information on Our website. You should monitor any changes to the information contained on Our website.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Our website or a linked website. You must take your own precautions to ensure that whatever you select for your use from Our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to Our website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Our website updated. We are not liable to you or anyone else if errors occur in the information on Our website or if that information is not up-to-date.
For certain campaigns, promotions or contests, additional terms and conditions may apply. If You want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Unless otherwise indicated, We own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Our website and in all of the material (including all text, graphics, logos, audio and software) made available on Our website (‘Content’). Your use of Our website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to Our website or the Content. However we do grant you a licence to access the website and view the Content on these Terms and, where applicable, as expressly authorized by us and/or our third party licensors.
Any reproduction or redistribution of Our website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of Our website, the Content or any part of it is prohibited, except to the extent permitted by Applicable Law.
Our website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within or accessible via Our website. You may not use Our website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any Applicable Law, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
- using Our website to defame or libel Us, Our employees or other individuals;
- uploading files that contain viruses that may cause damage to Our property or the property of other individuals;
- posting or transmitting to Our website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.
If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.
We reserve the right to restrict, suspend or terminate without notice Your access to Our website, any Content, or any feature of Our website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
We may be able to provide some of the Services without requiring 3rd parties to identify themselves. For example, they may be able to upload certain Documents without having to reveal any of their personal information. However, by their nature most of Our Services usually require 3rd parties to disclose personal information before We can provide that service. Accordingly, We may collect the following types of personal information when You or any other 3rd party use the Services:
- Mailing/street address
- email address
- telephone number
- other contact details
- age/date of birth
- device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information
- details of the Services We have provided or that someone has enquired about, including any additional information necessary to deliver those Services and respond to any enquiries;
- any additional information provided to Us directly or indirectly through the Services, or through other websites or accounts from which we are able to collect information;
- information provided to Us through customer surveys; and/or
- any other personal information that may be required in order to facilitate dealings with Us using the Services.
We only collect and hold personal information with consent, in limited situations which Applicable Law allows. We may collect these types of personal information either directly, or from external sources. We may collect this information when someone:
- registers to use the Services or uses the Services;
- communicates with Us through correspondence, chats, email, or when they share information with Us from other social applications, services or websites;
- interact with Our Services, websites, Content and advertising; and/or
- invests in Our business or enquires as to a potential purchase in Our business.
In some cases We might collect personal information from external sources with express consent as part of the Services provided by Us.
We will take reasonable steps to inform anyone from whom We have collected personal information, unless:
- it is not reasonable to do so;
- it is apparent from the circumstances that they are aware of the collection; and/or
- they would expect Us to have the information.
Why do We collect, use and disclose personal information?
- to enable access and use of the Services, and any other products and services we may offer;
- to comply with Our legal obligations, resolve any disputes that We may have with any user of the Services, and enforce Our agreements with 3rd parties;
- to operate, protect, improve and optimize the Services, such as to perform analytics, conduct research and for advertising and marketing;
- to send service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested.
Do We use personal information for direct marketing?
We do NOT use any of the personal information provided to Us via the Services for any direct marketing or other such purpose. We may, however, communicate with regard to an update regarding the Service’s features, pricing or other relevant issues.
To whom do We disclose personal information?
- any entity, including government agencies, regulatory bodies and law enforcement agencies, as required, authorised or permitted by law or a court order;
- any person, entity or platform provider authorised by You or acting on Your behalf;
- Our employees, contractors and related bodies corporate;
- 3rd party suppliers and service providers (including providers for the operation of the Services, or in connection with providing any other products and services);
- professional advisers, dealers and agents; or
- anyone to whom Our assets or businesses (or any part of them) are transferred.
Disclosure of personal information
When You register to use Our Services You hereby provide Your express consent to the upload, storage, management and disclosure of Your personal information in the country or region You selected when You registered to use Our Services. We will not, without Your express consent, disclose Your personal information outside of that selected country or region. In the event that We obtain Your express consent to the disclosure of personal information outside the country or region You selected, We will take reasonable steps to ensure that any recipient outside that country or region will deal with such personal information in a way that is consistent with Applicable Law in the country or region You selected, but You hereby acknowledge and agree that We may not be able to ensure that such recipients handle that personal information in compliance with the Applicable Law of the country or region You selected.
Using Our website and cookies
We take reasonable steps to protect personal information from misuse, interference and loss, as well as unauthorized access, modification or disclosure and We use a number of physical, administrative, personnel and technical measures to protect personal information. However, We cannot guarantee the security of personal information. We have processes in place to identify, manage and remediate privacy and data breaches in accordance with Our obligations under Applicable Law, including the notifiable data breach regulations. We educate Our staff about Our obligations to protect personal information and impose contractual obligations of confidentiality and strict controls over their access to any personal data. We will co-operate with Our customers, agents, and partners to promptly notify them of any privacy and data breaches in cases where there is a likelihood of a real risk of serious harm given the circumstances of the breach.
Accessing or correcting personal information
You can access the personal information We hold about You by contacting Us using the Contact Us or similar function on Our website. Your access to Your personal information is subject to some exceptions permitted by Applicable Law, including any situation in which We reasonably believe that:
- providing access would pose a serious threat to the life, health or safety of You or any other person;
- access would have an unreasonable impact on the privacy of any other person;
- the information is protected from disclosure by Applicable Law;
- release of the information would be prejudicial to Us in relation to a legal or administrative dispute or complaint; or
- the information is protected by confidentiality obligations or is Our intellectual property and disclosure would be contrary to Our legal or commercial interests.
If We refuse to provide You with access to Your personal information We will, if reasonable to do so, provide You with a written explanation outlining the reasons for Our refusal. The explanation will also outline the steps available to You to complain about Our refusal.
We may also need to verify Your identity when You request Your personal information. If You think that any personal information We hold about You is inaccurate, please contact Us and We will take reasonable steps to ensure that it is corrected.
Making a complaint
If You think We have breached any Applicable Law regarding personal information, or You wish to make a complaint about the way We have handled personal information, You can contact Us via letter to the address below or via the Contact Us function on Our website. Please include Your name, email address and/or telephone number and clearly describe Your complaint. We will acknowledge Your complaint and respond to You regarding Your complaint within a reasonable period of time. If You think that We have failed to resolve the complaint satisfactorily, We will provide You with information about the further steps You can take.
In the event that We are unable to resolve Your complaint to Your satisfaction, We will inform You as to how You can escalate the complaint to the appropriate external dispute resolution body. In cases of privacy related complaints in Australia, this is generally the Office of the Australian Information Commissioner (OAIC). There is specific information about the OAIC complaints and investigation process on the OAIC website at http://www.oaic.gov.au/.
Your use of the Services is governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.
If any part of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
NOTHING IN THESE TERMS PURPORTS TO MODIFY OR EXCLUDE THE CONDITIONS, WARRANTIES, AND OTHER LEGAL RIGHTS THAT ARE IMPLIED OR INCLUDED PURSUANT TO APPLICABLE LAWS. ANY AND ALL OTHER WARRANTIES OR CONDITIONS WHICH ARE NOT GUARANTEED BY APPLICABLE LAWS ARE EXPRESSLY EXCLUDED WHERE PERMITTED.
EFFECTIVE: 23 September, 2019
Ezidox Pty Ltd
Level 2, 6 The Corso
Manly NSW 2095