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Terms and Conditions
TERMS OF USE OF WEBSITE
ABOUT OUR WEBSITE

This website is owned and controlled by Ezybidz, including Ezybidz Pty Ltd (ACN 167 097 761), and any of their subsidiary companies (Ezybidz, We, Us or Our). You acknowledge that your use of every website or social media account (collectively, Website), owned or controlled by Ezybidz is an indication of your acceptance of these Terms and Conditions (Terms) and Our Privacy Policy. These Terms constitute the whole agreement between you and Ezybidz relating to: (a) your use and access to this Website and the documents and information contained on it; and (b) any other matters referred to in these Terms.

We reserve the right to vary or modify this Website and these Terms from time to time at Our sole discretion and without notice. Any amendments will come into effect immediately and automatically. Any continued use by you of this Website will constitute an acceptance of those variations and modifications. These Terms are effective until terminated by Us, which We may do at any time without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitation of liability set out in these Terms will survive.

DISCLAIMERS

Whilst We at all times endeavour to have the most accurate, reliable and up-to-date information on this Website, We do not warrant or make any representations regarding the use, or the result of the use, of any document, product, service, link or information on this Website or as to its correctness, suitability, accuracy, reliability or otherwise.

This Website is provided on an ‘as is’ and ‘as available’ basis for your use, without warranties of any kind, express or implied. We do not guarantee or warrant that this Website will be uninterrupted, without delay, error-free, omission-free or free of viruses.

LIABILITY AND INDEMNITY

To the maximum extent permitted by law, Ezybidz will not be liable for any loss or damage which may arise as a result of the use of this Website, its content or reliance on the information on it including without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, tort or otherwise. This includes, but is not limited to, the transmission of any computer virus. Your use of, or reliance on, any information or materials on this Website is entirely at your own risk, for which We shall not be liable.

To the maximum extent permitted by law, you agree to indemnify Us, and hold Us harmless, against any liability suffered or incurred by Us arising from or in connection with your use of this Website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after termination of these Terms.

COPYRIGHT, TRADEMARK AND RESTRICTION OF USE

This Website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on this Website for any purposes, including the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website. You may not, except with Our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Ezybidz expressly reserves all copyright and trademark in all documents, information and materials on this Website and We reserve the right to take action against you if you breach any of these Terms.

THIRD PARTY WEBSITES AND SOFTWARE APPLICATIONS

This Website may contain links to websites owned and operated by third parties. Links to third party websites have been provided solely for your convenience and to enable you to obtain further information about other organisations and activities which may be of interest to you. We make no representations and provide no warranties regarding the accuracy or suitability of, and accept no responsibility or liability for, anything you obtain via these third-party websites. A link from this Website does not imply Ezybidz’s endorsement, approval or agreement with the views of those third-party websites.

This Website may contain information or advertisements provided by third parties for which Ezybidz accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are facilitating an introduction only and are not providing any advice nor do We take any responsibility for any advice received in this regard.

By linking to sites operated by third parties, We are not authorising the reproduction of any materials on such sites, as such material may be the subject of intellectual property rights of third parties.

Software belonging to third parties may be accessed and downloaded through third party links from this Website. Such software is likely to be subject to licensing terms imposed by the owner of that software. The use of such third-party software is at your own risk and to the maximum extent permitted by law, We exclude all liability in relation to using or downloading any software that may be accessed from this Website. We make no representations and provide no warranties in relation to such software. In particular, to the maximum extent permitted by law, We exclude all liability for any loss or damage resulting from using or downloading any software accessible through this Website.

CONDUCT

This Website may be used only for lawful purposes, and you are prohibited from posting any unlawful, harmful, threatening, abusive, harassing, defamatory, discriminatory, or obscene material of any kind on this Website.

You are prohibited from accessing or using this Website in any way that competes with Our business or that tampers with or modifies it, knowingly transmits viruses or other disabling features, or damages or interferes with this Website.

TRANSMISION OF INFORMATION

All information transmitted over the internet is susceptible to monitoring and interception. You will bear the risk of transmitting information to Us in this manner. We do not guarantee or warrant the security of any information transmitted to Us in this manner and We will not be liable for any loss, harm or damage suffered by you as a result of transmitting information to Us in this manner.

PRIVACY

Your privacy and maintaining the confidentiality of your personal information is important to Us. Please read Our separate Privacy Policy to understand more about how We protect your personal information. All personal information (including information about your access to this Website) will be collected and treated in accordance with Our Privacy Policy.

GOVERNING LAW AND JURISDICTION

The use of this Website and these Terms are governed by the laws of New South Wales. You submit to the exclusive jurisdiction of the courts of New South Wales for determining any dispute concerning these Terms.

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

 

TERMS AND CONDITIONS IN RELATION TO PRODUCTS AND SERVICES SOLD AND SUPPLIED BY EZYBIDZ

These Terms govern the sale and supply of products and services by Ezybidz.

Acceptance of Terms: By accessing Our website, purchasing Our products, or using Our services, you agree that you have read, understood and agree to be bound by these Terms.

  • Packages: Event organisers will receive a package, or an online silent auction or ballot bidding agreement from Ezybidz which includes the specific terms and conditions in relation to the event (Package Terms). These Terms will apply to the Package Terms, to the extent that they are not already included.

  • Ballot Bidding Forms and Live Auction Forms: These Terms will apply to any ballot bidding form or live auction form completed by you for the purchase of Our products and services for which you place a bid.

  • Conduct of Service Providers: We engage with third party providers to deliver Our offered experiences (Service Provider). Ezybidz does not accept liability for the acts, conduct or warranties of any Service Provider.

  • Products and Services: We offer a range of products and services.  All products and services are subject to change and availability. A full list of available products and services will be made available to you in the Package Terms. Any dates for services provided by Us or by a Service Provider are booked on a first in, first served, basis. The Service Provider reserves the right to cancel or reschedule a booking for an experience at any time. Any inquiries regarding Our offered products and services can be sent directly to Our staff at enquiries@ezybidz.com.au.

  • Orders and Payment: When you place an order with Us, you warrant that the information you provide is complete and accurate. Payment must be made in full at the time of purchase, unless otherwise agreed upon in writing by Us.  Experiences must be booked within two (2) months from the purchase date and utilised within twelve (12) months from the purchase date as indicated on the relevant voucher. Failure to adhere to these timeframes will result in forfeiture of the voucher and associated charitable donation.

  • Delivery and Shipping: We undertake reasonable efforts to deliver products within the agreed-upon timeframe ,typically within twenty-one (21) business days from the date of purchase. Shipping costs and delivery arrangements will be agreed upon at the time of purchase. We do not accept liability for any shipping or delivery delays or failures beyond Our reasonable control.

  • Returns and Refunds: If an offer for the sale of goods and services is accepted, all purchases are final and no refunds will be given except as required by applicable law. Refunds will not be offered for changes of mind, non-attendance, or failure to book experiences within the timeframe specified on the relevant voucher. However, your voucher can be transferred to another individual, subject to Our approval. Any transferred vouchers will remain bound by the same timeframe outlined in the original voucher.

  • Force Majeure: Ezybidz and Our Service Providers shall not be liable for, and shall not be in breach of contract or otherwise by virtue of, any delay in performance, or non-performance, of obligations caused wholly or in part by the occurrence of any event beyond Our Control or the control of any Service Provider such as, but not limited to: fires, civil disobedience, pandemic, epidemic, war, riots, rebellions, explosion, flood, storm, acts of God and similar occurrences.

  • Intellectual Property: All content on Our website, including but not limited to text, graphics, logos, images, and software, is the exclusive property of Ezybidz or its licensors and is protected by copyright law.

  • Limitation of Liability: To the fullest extent permitted by law, Ezybidz shall not be liable for any direct, indirect, incidental, special, or consequential damage arising out of or in any way connected with the use of Our products or services.

  • Changes to Terms: We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon publication on Our website.

Contact Us

If you have any questions or concerns about these Terms, please contact Us at enquiries@ezybidz.com.au.

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