General Terms and Conditions – Easyshare
The website www.geteasyshare.com (“this website“) is owned and operated by A.C.N 168 090 293 Pty Ltd trading as Easyshare (“Easyshare”).
These terms and conditions apply to the use of this website. In using this website, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these General Terms and Conditions for use of the Easyshare website “we”, “our” and “us” means A.C.N 168 090 293 Pty Ltd trading as easyshare and “our website” means the URL www.geteasyshare.com and “you” and “your” means you, the customer.
E-mails and Other Online Communications
When you visit our website or send e-mails to us, you are communicating with us electronically. By using the website you consent to receiving communications electronically. We will communicate with you by email or by posting notices on this website. You agree that all electronic communications from us of agreements, notices, disclosures or other information satisfy any legal requirement that such communications be in writing.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. As such, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmissions we will take reasonable steps to preserve the security of such information.
We may preserve the content of any email you send us if we believe we have the legal requirement to do so.
Subscribing and Unsubscribing to our E-mail List
Registering on www.geteasyshare.com allows users to be included in our email mailing list. Our emails include information on special offers, competitions, and other communications.
Every marketing or other e-mail we send has an unsubscribe option. Simply unsubscribe by following the link at the bottom of our email communications. Users will be removed from our mailing list once the unsubscribe option is selected.
Cookies and Web Beacons
Copyright and Other Intellectual Property Rights
We own or have the right to use the trade marks 1622192, 1625010 and “Easyshare”, and reserves all rights in relation to each of those trade marks.
Any other intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to www.geteasyshare.com are owned or licensed by us. These intellectual property rights are protected by Australian and international laws. You should assume that all of the content made available to you through this website is owned or licensed by us and is protected by copyright or other proprietary rights.
Nothing contained on www.geteasyshare.com is to be interpreted by you as a recommendation or consent to use any information on this website in a manner which infringes our intellectual property rights or the intellectual property rights of any other person, company or entity. We make no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
You may view www.geteasyshare.com and its contents for personal and non commercial use only, and subject to the Copyright Act 1968 (Cth) and similar legislation, you must not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information contained from any part of the website without our prior written permission.
To use the website, you must establish an account on this website.
We retain absolute discretion to refuse to allow your account to be established, to terminate your accounts and to remove or edit content where your account has not been kept in accordance with these terms and conditions.
You agree that you will not let anyone else access your account or do anything that might put the security of your account at risk. You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your account. You are solely responsible for the activity that occurs on your account.
We reserve the right to remove your username or similar identifier in respect of your account if appropriate.
We use the NAB VeriSign Trusted Payment Gateway for our online credit card transactions. NAB VeriSign Trusted Payment Gateway processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the internet.
Please refer to our “Terms & Conditions for Online Payments” for further information.
Changes to Terms and Conditions
This website may contain links to, or frame, websites of third parties (“external sites”). We are not required to maintain or update external sites.
Any external sites should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website.
We make no warranties and accepts no liability in relation to material contained on external sites.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (including the Australian Consumer Law) or equivalent State or Territory laws, which cannot be excluded or limited.
Except where to do so would otherwise cause any part of these Terms to be illegal, void or unenforceable, we exclude all conditions, guarantees and warranties implied into these Terms & Conditions or in connection with any goods or service provided through this website.
We do not accept responsibility and we disclaim liability for any loss, damage or injury (including negligence), howsoever caused, which you may directly or indirectly suffer (or allegedly suffer) in connection with use of this website. This limitation includes, but is not limited to, consequential damages, interruption of business, loss of data, income or profit, loss of or damage to property, and third party claims.
Limitation of Liability
Without limiting the general disclaimer, we:
- make no warranty as to the completeness, adequacy or accuracy of any material, nor do we undertake to keep this website updated. You agree that you will not rely on such information or materials, or their availability and that any reliance you make will be on your independent assessment with the aid of qualified independent advisers. We are not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date;
- will not be liable for disruptions to this website. Access to this website may be terminated by us without notice. Our disclaimer will nevertheless survive any such termination
- make no warranties that goods acquired or services obtained from this website will meet your requirement, nor do we make any warranties of merchantability or fitness for a particular purpose; and
- will not be liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site.
You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer system or systems.
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. Under no circumstances, including but not limited to any act or omission on our part, will we be liable for any indirect, consequential and/or incidental damage or loss of profits whatsoever which result from any use or any access of, or any inability to use or access, this website.
To the fullest extent permitted by law, our liability for any breach of any implied guarantee, warranty or condition for goods or services we provide you which cannot be excluded, is limited at our option to the following:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
These terms and conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Resolving Your Concerns
If you have any concerns with, or do not understand, our website Terms and Conditions we encourage you to contact us
Our contact details are below and we will respond to your query as soon as possible.
Terms & Conditions for Online Payments – Easyshare
In these Terms and Conditions for Online Payments, “we”, “our” and “us” mean A.C.N 168 090 293 Pty Ltd trading as Easyshare and “you” and “your” means you, the customer.
These Terms and Conditions, together with the general terms and conditions for use of our website, constitute the entire contract between us and you for the use of the website, and allow Easyshare to arrange for money to be debited electronically from your Account through the banking system. These conditions set out your rights, our commitment to you and your responsibilities to us, and advise where you should go for assistance.
- DefinitionsIn these Terms and Conditions:Agreement means the Agreement between you and us, being these Terms and Conditions, together with the general terms and conditions for use of our website.Account means the debit account or credit card you have nominated in the Direct Debit Request.Approved Payee means the person or entity approved by you to receive a payment from you.Debit Day means a day that payment is due to be made to an Approved Payee or to us for fees or charges.
Debit Payment means a particular transaction where a debit is made, according to your Direct Debit Request.
Direct Debit Request (‘DDR’) means the Direct Debit Request form completed online and signed by you.
Your Financial Institution is the Financial Institution at which the Account is held.
- Capacity to Transact
- If you are under eighteen (18) years of age, you cannot use our website.
- Should we suffer any damage or other losses as a result of a transaction entered into by a minor using our website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via our website.
- Before you accept these Terms and Conditions and the terms & conditions of the Direct Debit Request, you should:(a) check with your Financial Institution whether direct debiting is available from your Account;(b) ensure that your Account details specified in the Direct Debit Request are correct; and(c) ensure that all persons whose signatures are necessary to operate your Account will accept the terms & conditions.Warning: if the Account details are incorrect, you may be charged a fee to reimburse our costs of correcting any debit that occurs to an Account that you either do not have the authority to operate or that is someone else’s Account. You indemnify us for all loss or expense we suffer as a result of you giving us incorrect or false information in the Direct Debit Request or in any changes to the Direct Debit Request. This indemnity continues after the Agreement ends.
- Debiting your Account
- By accepting the terms & conditions for the Direct Debit Request, you have authorised us to arrange for funds to be debited from your Account according to the Agreement we have with you to:(a) the parties listed in the Direct Debit Request(b) the parties you have directed us to pay on the Easyshare website; and(c) your list of Approved Payees. We will only arrange to debit funds from your Account in accordance with that authority, on the nominated Debit Day.
- If a Debit Day is not a business day, we may direct your Financial Institution to debit your Account on either the previous or next business day.
- Payment Methods and Processing
- National Australia Bank ABN 12 004 044 937 & ACL 230686 (“NAB“) is our payment processor, and NAB VeriSign Trusted Payment Gateway currently accept VISA, MasterCard & AMEX credit and debit cards only.
- NAB utilize 24 hour end to end financial processing, as such, payments may be pulled from your Account and paid to the end user within a 24 hour window (excludes non business days).
- You may change the arrangements under a Direct Debit Request (eg the amount you pay, who you pay it to, or how often you pay) by using your username and password to log onto the Easyshare website (www.geteasyshare.com) and changing your preferences. Your username and password are unique to your account and should not be given out. It is the responsibility of the account holder to ensure their sensitive information is kept secure. You agree that we may complete, upon your instruction any details (other than details relating to bank account details) missing from the Direct Debit Request.
- To stop or defer a particular Debit Payment you can use the change of details functions of this website. This must be done before 11:59pm EST the day before your Debit Payment is due.
- Credit Cards Payments
- Credit card payments are available though the website, though not all credit card brands are accepted.
- Credit card payments incur a surcharge of 1.50% for Visa and Mastercard branded cards and 2.5% for American Express.
- Each time you add, update or change your credit card details, you authorise Easyshare to debit $0.01 against that credit card for our verification purposes. You acknowledge that this payment is non-refundable and may be required each time you change your payment preference from direct debit to credit card.
- Easyshare will not be liable for any fraudulent use of any credit card. You must notify us immediately if your credit card is lost or stolen by emailing email@example.com or such other email address as Easyshare designates by notice to you by posting it on the Easyshare website.
- By agreeing to these terms and conditions you are confirming that you have authority to use any credit card used to make payments through the Easyshare credit card Merchant facility.
- Disputes between the tenants and the agency or landlord are not considered valid grounds for charging back the credit card payment. If you have a legitimate grievance, you must settle this through the Real Estate Agent or failing that, the local tenancy tribunal or ACCC.
- Account conditions
- If you provide us with incorrect details, stop payments or dishonour any payments (including any fees or rent payments), we may deactivate your Account (by notice to you) and suspend all services under this Agreement. If we agree to reactivate your Account, we may charge a fee of $15.
- A user account must have at least one payment instrument registered; Either a debit account or credit card. You can remove a payment instrument only if there is another payment instrument registered.
- All Accounts must be held with a financial institution registered in Australia. All credit cards must have an Australian billing address.
- It is your responsibility to ensure that there are sufficient clear funds available in your Account to allow a Debit Payment to be made in accordance with the Direct Debit Request.
- We, along with our affiliates, reserve the right to: refuse service; terminate the contract and/or your membership account; remove or edit content from our website at our sole discretion.
- Fees and Charges
- Fees and charges are detailed in the following table:
|Charge Back Fee
- The fees & charges will be levied from your nominated account within 72 hours of being incurred in accordance with these Terms and Conditions. All fees are non-refundable.
- If you remove an Account and have fees or charges outstanding, these fees will be debited from your registered Account at the time of removing the Account.
- Returned or Dishonoured DDR’s
- If there are insufficient clear funds available in your Account to meet the Debit Payment of your Fees and your Financial Institution dishonours your payment:(a) you or your Account may be charged a fee by your Financial Institution;(b) you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your Account within the next 2 days or another time that we agree with you so that we can process the Debit Payment. You should check your Account statement to verify that the amounts debited from the Account are correct.(c) if you dishonour on your Fees your Easyshare account will be de-activated and we will initiate steps to recover the outstanding monies from you.(d) you or your Account will be charged the fees as outlined in clause 7.1 to reimburse us for the costs and charges that we have incurred for the failed transaction.
- DDR Dispute Resolution
- If you believe there has been an error in debiting your Account, you should notify us directly by emailing firstname.lastname@example.org as soon as possible.
- If our investigations conclude that your Account has been incorrectly debited we will arrange for your Financial Institution to adjust your Account accordingly, and we will notify you of the amount of the adjustment. Otherwise, we will explain why we concluded that your Account was correctly debited.
- Any queries about an error made in debiting your Account should be directed to us in the first instance so that we can attempt to resolve the matter between you and us. If we cannot resolve the matter you can still refer the claim to your Financial Institution, which will obtain details from you of the disputed transaction and may lodge the claim on your behalf.
- Our Liability
- We shall not be liable in contract or in tort for any loss or damage suffered and consumer rights are limited to those set out in these Terms and Conditions and under statute.
- To the extent permitted by law our total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.
- You agree to indemnify us and keep us fully and effectively indemnified from and against all loss, damage, costs, charges, actions, claims, penalties and demands sustained, recovered or made against us, including but not limited to against any loss of or damage to any property or injury to or death of any persons, caused by or in connection with any act or omission, negligence or wilful misconduct on your part or that of your employees, agents or sub-contractors or by any breach of your contractual obligations arising out of these Terms and Conditions.
- We shall not be liable to you for any incidental, indirect, special or consequential damages, loss of opportunity, loss of revenue, loss of profit or anticipated profit, loss of business, loss of contracts, loss of goodwill, loss arising out of business interruption, loss arising out of or in connection with pollution of contamination arising out of or in connection with the purchase, use or performance of products or services, even if we have been advised of their possibility.
- To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us shall be subject to correction without any liability on the part of www.geteasyshare.com .
- Credit Card FraudWhilst we employ the latest in Secure Sockets Layer (SSL) technology and use NAB Verisign Trusted Payment Gateway, we will not be responsible for any damages or losses (whether consequential, direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
- You are not permitted to assign any rights and obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.
- If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
- No failure or delay on our part in exercising any power or right under these Terms and Conditions operates a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
- We reserve the right to change the Terms and Conditions at any time. Amendment will be effective immediately upon notification on our website. Your continued use of our website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the jurisdiction of the courts of New South Wales.
- Force MajeureWe shall not be liable for any delay in performing any of obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of www.geteasyshare.com and we shall be entitled to a reasonable extension of time for the performance of such obligations.
- We make no express warranties under these Terms and Conditions. You acknowledge that prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding all services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed yourself of that opportunity, and, at no time prior to entering into these terms and conditions have your relied on our skill or judgment and that it would be reasonable for you to do so.
- The Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law guarantee certain conditions, warranties and undertakings, and give you other legal rights, in relation to the quality and fitness for purpose of consumer services sold in Australia. Nothing in these online Terms and Conditions modifies, restricts or exclude the conditions, warranties, guarantees and undertakings, liabilities and other legal rights, protected by the Australian Consumer Law and other laws to the extent that such modification, restriction or exclusion would render these terms and conditions or any provision of these terms and conditions to be void, illegal or unenforceable. Except as expressly set out in these online Terms and Conditions and in the Australian Consumer Law to the extent that they cannot be excluded, restricted or modified:(a) we make no warranties or other representations to you under these online Terms and Conditions. Our liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent
permitted by law.(b) we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection wit your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this website;(c) we do not accept liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with this website or respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
- Our liability for breach of a guarantee conferred by the Australian Consumer Law in respect of goods or services supplied under these terms and conditions which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, other than those conferred by sections 51 to 23 of that law, is limited (a) in the case of goods, to any one of the following as determined by us: (i)the replacement of the goods or the supply of equivalent goods, or (ii) the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; (b) in the case of services, to any one of the following as determined by us: (i) the supply of the services again, or (ii) the payment of the cost of having the services supplied again.
- We make no express warranties in relation to the suitability for any purpose of goods or materials supplied to you.
- For the purposes of this clause, “Australian Consumer Law” means the law as set out in Schedule 2 of the Competition and Consumer Act 2010.
Our Direct Debit Policy
Direct Debit Request
|Level 2, 50 Bridge Street
SYDNEY NSW 2000
|Request and Authority to debit the account named below to pay
A.C.N 168 090 293 Pty Ltd t/as easyshare
|Request and Authority to debit
Your Surname or company name
Your Given names or ABN/ARBN
request and authorise easyshare (user ID 475224) to arrange, through its own financial institution, debits to your nominated account any amounts easyshare has deemed payable by you.
These debits or charges will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated below and will be subject to the terms and conditions of the Direct Debit Request Service Agreement, the easyshare General Terms & Conditions, and the Terms & Conditions for Online payments.
|Insert the name and address of financial institution at which account is held
||Financial institution name
|Insert details of account to be debited
||Name/s on account
BSB number (Must be 6 Digits)
||By signing and/or providing us with a valid instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you and easyshare as set out in this Request, the easyshare General Terms & Conditions, the Terms & Conditions for Online payments and in your Direct Debit Request Service Agreement.
You acknowledge that this Direct Debit Request is an ongoing instruction and will apply to all debits you direct easyshare to make.
|Insert your signature and address
(If signing for a company, sign and print full name and capacity for signing eg. director)
|Second account signatory (if required)
(If signing for a company, sign and print full name and capacity for signing eg. director)