Terms of Service
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Terms of Service
EZIVIU LTD. (“Eziviu”, “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. The use of Eziviu's service constitutes acceptance and agreement to Eziviu's Terms of Service.
Eziviu reserves the right to modify the Terms of Service without notice.
Description of Service
Eziviu provides users with access to a rich collection of resources and data that is collected through multiple channels including but not limited to official government agencies, reputable international information suppliers, and data derived from online market and search information. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). Additionally, you must provide and are responsible for all equipment necessary to access the Service.
No Resale or Redistribution of Service
Except as expressly authorized by Eziviu, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service, or access to the Service or computer code that powers the Service.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the New Zealand or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Eziviu of any unauthorized use of your account or any other breach of security. Eziviu will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Eziviu. You will not engage in any activity that interferes with or disrupts Eziviu's services or networks connected to Eziviu.
Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Eziviu will impose fees, and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO. Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks, and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Eziviu and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the New Zealand law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Eziviu's services may not be used to facilitate the infringement of these laws in any way. Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Eziviu or Eziviu's customers. Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Invoicing and Payment
You agree that Eziviu shall be permitted to charge your credit card on a monthly, annual, or another agreed-upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectible by Eziviu may be turned over to an outside collection agency for collection.
Subscriber is aware that Eziviu may prospectively change the specified rates and charges from time to time.
Eziviu is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Eziviu. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
Support Boundaries
Eziviu provides technical support to our subscribers via our e-mail support or ticket system.
Account Cancellation or Suspension
Eziviu reserves the right to modify the Terms of Service without notice.
You may cancel the service at any time by using the “Cancel Subscription” link located on the “My Account” sub-tab of the Eziviu web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Eziviu may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Eziviu shall have the right to terminate all service set forth in this Agreement.
Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF EZIVIU HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT EZIVIU WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST EZIVIU ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF EZIVIU'S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Indemnity
Eziviu wishes to emphasize that in agreeing to the Eziviu Terms of Service, the customer indemnifies Eziviu for any violation of the Terms of Service that results in loss to Eziviu or the bringing of any claim against Eziviu by any third-party. This means the customer will pay any damages awarded against Eziviu, plus all costs and reasonable attorney’s fees.
Notice
You agree that Eziviu may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Eziviu services.
Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Eziviu and govern your use of Eziviu services, superseding any prior agreements between you and Eziviu for the use of Eziviu services.
Choice of Law and Forum
The Terms of Service and the relationship between you and Eziviu shall be governed by the laws of New Zealand without regard to its conflict of law provisions. You and Eziviu agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Auckland, New Zealand.
Waiver and Severability of Terms
The failure of Eziviu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Eziviu services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.