Deliver Easy PTY LTD (ACN 622 379 088) (referred to herein as “DeliverEasy”, “we”, “us”, “our”) provide software as a service.
This Terms of use and User Agreement applies to use of our hosted solutions or other products or services, including by downloading our mobile or other applications to your computer, mobile phone, tablet or other electronic device (collectively, the “DeliverEasy services”).
By using our DeliverEasy services, these terms will automatically apply to you and your business. You should make sure therefore that you read them carefully before using the app and ensure that you comply with these terms.
DeliverEasy is committed to ensuring that the app is as useful and efficient as possible for you and your end-customers. For that reason, we reserve the right to make changes to the app and to charge for services provided, at any time and for any reason.
We reserve the right to limit the volume of you and your customer’s data that you may upload at any time.
You and your business agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the DeliverEasy services. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of our services, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer.
You and your business must not post on the DeliverEasy service, communicate or upload any material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. DeliverEasy may block or delete any material posted to our services or otherwise uploaded or communicated that DeliverEasy decides contravenes that requirement.
You and your business must not impersonate or misappropriate the identity of another person. You must not attempt to use our DeliverEasy service or any of its content to solicit others to participate in any organisation or commercial on-line service.
Use of our DeliverEasy services in contravention of this User Agreement may result in you being banned from our Website, being liable to DeliverEasy for breach of contract and/or infringing applicable law.
You and your business must register an account to access the DeliverEasy services. You and your business must provide us with certain personal information set out in this Terms of use and your current email address to register a DeliverEasy services “Account”.
We may use your notified email address (your personal information) to contact you or send you notifications, tax invoices and other communications relating to use of the DeliverEasy services.
You acknowledge that we may be unable to provide you or your business with the DeliverEasy services or contact you unless you provide us with a current email address and agree to promptly update us if you change it at any time. Accounts are only available for people over the age of 18. We reserve the right to refuse an account application or to terminate an account of any person for any reason at our discretion.
You are required to create your own unique username and password combination (“Log-in details”) to access and use the DeliverEasy service. You and your end-users are responsible for submitting your own username and passwords and responsible for taking all necessary steps to prevent unauthorised disclosure of or access to any account Log-in details.
You are solely responsible for the actions of any person to whom you disclose your Log-In Details and are solely liable for (and indemnify, defend and hold harmless DeliverEasy, our officers, directors, employees, agents, contractors, licensors and suppliers from and against) all losses, liabilities, expenses, claims, proceedings, damages and costs of every kind and nature (Losses) suffered by any person directly or indirectly as a result of:
You must notify us immediately if you have any reason to believe that your password has become known to anyone else without your authorisation, or if your password is being, or is likely to be, used in an unauthorised manner. In such a case, we will, within a reasonable time of being notified, reset the account password and send to you a temporary password to allow you to login to your Account and create a new strong password.
DeliverEasy may require you to change your Log-In details at any time if your Log-In Details are inconsistent with the terms of this User Agreement. You acknowledge that you are responsible for paying any third-party fees (such as ISP connection and data fees and telephone charges) that may be required to access the DeliverEasy service.
If you access the DeliverEasy service via the App, you may choose to activate certain functionality commonly available on mobile devices involving use of personal information. That functionality may include access and security features using facial recognition, location services enabling your device’s approximate location to be determined and application sharing features including access to the device’s camera and photographs, contacts, calendar, tasks and other files stored on your phone outside the App. By activating these features and using the App, you consent to the App accessing and using this functionality as part of providing access to and use of the DeliverEasy Service.
Subject to your compliance with the terms of use and payment of the applicable Service Fee, DeliverEasy grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the DeliverEasy service for the Term for your own internal business purposes in accordance with the terms of use.
You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions.
You’re not allowed to interfere with or disrupt the DeliverEasy services, or servers or networks connected to any website through which the DeliverEasy service is provided.
You’re not allowed to use the DeliverEasy service in violation of any applicable law or regulations.
The DeliverEasy services and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to DeliverEasy.
Using DeliverEasy services you are subject to payment of a Service Fee as listed on the DeliverEasy website. Service Fees may be charged on a monthly or annual basis at the discretion of DeliverEasy discretion. Different Fees may apply to different types of Accounts as specified on the Website from time to time. Service Fees are payable in advance and are non-refundable except as expressly provided in this Terms of use.
We may change Service Fees or add other fees from time to time by notifying the changes on our Website at least 14 days before the changes come into effect. We suggest that you visit our Website regularly to keep up to date with any changes.
Service Fees and all other fees, charges and prices are stated on our Website in US dollars and are exclusive of applicable taxes. You are responsible for paying all fees and taxes in respect of your DeliverEasy Account and we reserve the right to charge you such applicable taxes in addition to the Service Fees.
We reserve the right to charge interest of 14% per annum on any Service Fees or other amounts owing to us that are not received from you by the due date of payment.
DeliverEasy will use reasonable commercial endeavours to provide you with standard support for the Term as part of the DeliverEasy service.
Additional support or professional services beyond standard support may be provided by DeliverEasy on request, subject to payment of additional fees calculated on a time and materials basis at DeliverEasy standard rates. For the avoidance of doubt, DeliverEasy is under no obligation to provide any support or professional services to you beyond our Standard Support.
DeliverEasy reserves the right to suspend your right to access or use any portion or all of the DeliverEasy Service if we determine that your use of the system;
We may also suspend your right to access or use any portion or all of the DeliverEasy service immediately upon notice to you if we determine that:
You or your business may terminate this User Agreement without cause at any time by giving us 14 days written notice. If you terminate this User Agreement in accordance with this clause, applicable Service Fees will not be refunded and any outstanding Service Fees and other fees become immediately due and payable.
We may terminate this User Agreement and cancel your Account at any time without cause by giving you 28 days written notice. If we terminate this User Agreement in accordance with this clause, we will refund any upfront Service Fees you have paid on a pro rata basis to a bank account notified by you for that purpose within a reasonable time of termination.
Either party may immediately terminate this User Agreement by written notice to the other party if:
DeliverEasy may immediately terminate this User Agreement by notice to you if:
Upon termination of this User Agreement for any reason:
We will implement commercially reasonable and appropriate measures to help prevent accidental or unlawful loss, modification, misuse, access to or disclosure of your data.
Although we use commercially reasonable efforts to safeguard you and your business data, you acknowledge and agree that transmissions made by means of the Internet cannot be fully secure in all instances and we cannot guarantee that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with the terms of this User Agreement or our Privacy Policy.
You consent to us and our related companies releasing Your Personal Information to third parties:
DeliverEasy uses Microsoft Azure to provide data storage services, cloud computing services, to host the DeliverEasy service and to store you and your customers data and information submitted by you through your use of the DeliverEasy service and our website.
In using the DeliverEasy service, you agree to comply with all obligations imposed by Microsoft Azure under its standard Service Agreement and Terms available at Microsoft Azure Terms and conditions
Microsoft Azure may transmit, maintain and store all or parts of your business’s data and information on multiple servers across various jurisdictions in addition to servers in the US.
The Privacy Act 1988 (Cth) (the Act) requires us to ensure that Microsoft Azure, or any other third party provider we may use from time to time, complies with applicable Australian privacy laws unless you agree otherwise.
By providing us with information (including you and your business’s Personal Information), using the DeliverEasy service, you:
Your privacy is important to DeliverEasy. Further information about the collection and use of you or your business’s information is contained in our Privacy Policy. By accessing, browsing or using the DeliverEasy service or by supplying any information to DeliverEasy, you acknowledge that you have read, understood, and agree with the terms of our Privacy Policy.
You acknowledge and agree that DeliverEasy, its related entities, content suppliers, service providers and licensors (as applicable) own all right, title, and interest in (including, without limitation, patent, copyright, trade mark, design, trade secret and all other intellectual property rights) and to the DeliverEasy services (excluding you or your business’s data).
You agree not take any action, or assist or encourage any other person to take any action, to jeopardise, encumber, limit, or interfere in any manner with the ownership rights of DeliverEasy, its related entities, content suppliers, service providers and licensors (as applicable) in respect of the DeliverEasy content. Information, materials and content displayed on or comprised by our DeliverEasy website, including but not limited to text, graphics, logos, button icons, images, the website layout and software, is subject to copyright owned by DeliverEasy, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws.
Brands, names, images and logos displayed on our DeliverEasy website may be the subject of registered trade marks of DeliverEasy, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws.
You may access, display, download and print portions of our DeliverEasy service or website only for your own private non-commercial use and to order products or services via the DeliverEasy website. This permission is subject to you not modifying the content displayed on our website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the DeliverEasy website.
Any other use of material on the DeliverEasy website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on the website is strictly prohibited.
You retain all right, title and interest in and to you or your business’s and sole responsibility for your information.
You agree that your content and your Authorised Users, conduct in using the DeliverEasy service will comply with all applicable laws, rules and regulations.
By creating, submitting, posting or otherwise making you and your business’s content available to DeliverEasy and/or others, you acknowledge and agree that you have evaluated and bear all risk associated with your content and under no circumstances will DeliverEasy, its related companies, officers, directors, employees, agents, contractors, licensors, vendors or suppliers be liable in any way for any person’s use of you or your business’s content, including any errors or omissions.
You and your business are solely responsible for properly configuring and using the DeliverEasy service and taking your own steps to maintain appropriate security, protection and backup of your content and data.
DeliverEasy personnel will not access you or your customer’s data except:
You must not upload to the DeliverEasy service any materials which infringe any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation.
You agree to comply with DeliverEasy’s procedures and policies in respect of uploading information and materials as specified on our website from time to time.
You warrant that you own all copyright in, or otherwise have the right to upload, reproduce and permit us to reproduce, your data and content. Solely to enable us to provide the DeliverEasy service to you and your customers, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of your content and data.
Subject to your rights to return, we reserve the right to delete or destroy your content and data at any time after expiry, cancellation or termination of your Account or this User Agreement for any reason as applicable.
You grant DeliverEasy a royalty-free, worldwide, perpetual, irrevocable licence to use and incorporate into the DeliverEasy service any suggestions, enhancement requests, recommendations or other feedback provided by you in relation to the DeliverEasy service or this User Agreement.
DeliverEasy services may provide links or references to third party websites (Linked sites) or display material sourced from a third party (such as a service supplier, merchant or consumer) (Third Party Material). DeliverEasy is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material.
DeliverEasy does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing on any Linked sites. DeliverEasy is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from our services.
Use of the DeliverEasy service is at you and your business’s risk. To the extent legally permitted, all materials, information, products, programs, software and services are provided “as is”, with no warranties or guarantees whatsoever.
DeliverEasy expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights.
Without limitation, DeliverEasy does not represent or warrant that the DeliverEasy service (including any software forming part of the DeliverEasy service and the functions of such software) will be uninterrupted, error-free or secure, that any defects will be corrected, or that the DeliverEasy service or the server/s that makes the DeliverEasy service available is free of viruses or other harmful elements.
You agree that in using the DeliverEasy service you have not relied on any statement or representation made by DeliverEasy not expressly contained in this User Agreement. You understand and agree that if you access, download or otherwise obtain materials, information, products, software, programs or services from the DeliverEasy service, you do so at your own and your business’s discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, DeliverEasy limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at DeliverEasy’s discretion.
To the extent legally permitted, in no event will DeliverEasy be liable to you or your business and any your customers for:
You agree to indemnify, defend, and hold harmless DeliverEasy, its related companies, officers, directors, employees, agents, contractors, licensors, vendors and suppliers (including Microsoft Azure) from and against all Losses made or suffered by you, your business and\or any other person due to or arising out of:
Each party may use the Confidential Information of the other party only in connection with the supply and use of the DeliverEasy service as permitted under this User Agreement.
Neither party will disclose the Confidential Information of the other party during the Term or at any time during the 5 year period following the end of the Term. Each party will take commercially reasonable measures to avoid disclosure, dissemination or unauthorised use of the other party’s Confidential Information, including, at a minimum, those measures each party takes to protect its own confidential information of a similar nature.
You and your business agree not to issue any press release or make any other public communication with respect to this User Agreement or use of the DeliverEasy service. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this User Agreement.
DeliverEasy may alter the terms of this User Agreement and our Policies from time to time by posting the altered version on our Website. DeliverEasy will use all reasonable endeavours to give you prior written notice of any alteration to the terms of this User Agreement and our Policies. You should visit the Website regularly to keep up to date with any alterations. By continuing to access and use the DeliverEasy service, you accept the User Agreement current at the time you access and use it. In the case of an alteration, the altered User Agreement only applies after the alteration takes effect.
We will be under no liability to you in respect of anything which may constitute a breach of this User Agreement arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply any part of the DeliverEasy service, telecommunications failure, power outages, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under this User Agreement. We may assign, novate, delegate or sub-contract any of our rights and obligations under this User Agreement at our discretion.
This User Agreement is governed by and must be construed in accordance with the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and its appellate courts.