These terms and conditions ("Agreement") binds you to us, thinkCube Systems (Pvt) Ltd. ("thinkCube"), from the time that you access the ezBiz service by logging into this application.
Please read this Agreement carefully as it is your obligation to ensure that you have read, understood and agreed to these terms and conditions.
thinkCube reserves the right to amend this Agreement at any time. However, every effort will be made to communicate any amendments to you electronically, as well as posting such amendments on the website (www.ezbizapp.com).
If you agree to these terms, you can accept this Agreement by signing below. If you do not agree to be bound by this Agreement, you must not use this ezBiz service at all. Any use of ezBiz shall constitute unconditional acceptance of this Agreement.
01. DEFINITIONS AND INTERPRETATION
- 1.1 The following words shall have the following meaning in this Agreement.
- a)"Agreement" means these terms and conditions.
- b)"Access Fee" means the monthly fee to use ezBiz payable by You as per the thinkCube price schedule, as may be amended from time to time by thinkCube.
- c)"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, that is not in the public domain.
- d)"Customer" means the person or organization who is registered with thinkCube to use ezBiz including any person authorised by them.
- e)"Data" means any data or information that You or Your authorised person has inputted into ezBiz.
- f)"Days" means calendar days.
- g)"ezBiz" means the online business application known as ezBiz (as may be changed or updated from time to time) made available by thinkCube via the Website.
- h)"Intellectual Property Rights" means any patent, moral right, trade mark, service mark, copyright, know how, right in a design and any other intellectual or industrial property rights, anywhere in the world whether registered or not.
- i)"thinkCube" means thinkCube Systems (Pvt) Ltd. bearing company registration number PV3955 having its registered address at 'Access Towers', 278, Union Place, Colombo 02, Sri Lanka.
- j)"Website" means the Internet site www.ezbizapp.com or any other site operated by thinkCube.
- k)"You" or "Your" means the Customer.
- 1.2In this Agreement, unless the context otherwise requires, singular words shall include the plural and vice versa.
- 1.3Headings used in this Agreement are for convenience and ease of reference only, and shall not affect the interpretation or construction of this Agreement.
- 2.1ezBiz is offered as a web based suite of business applications. ezBiz is licensed, not sold to You. ezBiz is developed and owned by thinkCube.
- 2.2Once You have signed up after accepting this Agreement, You are responsible for the proper use of ezBiz in accordance with this Agreement.
- 2.3If You have signed up for a trial account, You will be able to access and use ezBiz on a trial basis for a period of 14 days commencing from the time of receiving an email from thinkCube after the sign up process ("Trial Period"). The terms of this Agreement shall apply during the Trial Period. You will receive regular email notifications showing the number of days left on the Trial Period, allowing You to sign up to a permanent account.
- 2.4If You sign up for a permanent account in order to have the continued use of ezBiz, thinkCube will convert the trial use to a fully implemented software for which You will have a renewable, nonexclusive, non-transferable license to use and access ezBiz in accordance with this Agreement.
- 2.5thinkCube may provide sample applications with random data for demonstration purposes on using ezBiz applications effectively and conveniently. thinkCube does not take any responsibility on the accuracy, usefulness or reliability of the information and data so provided.
- 2.6In the event You make no request to continue with the use of ezBiz and do not sign up to a permanent account, this Agreement and thereby the license to use ezBiz is automatically terminated at the end of the Trial Period. Your account will be deleted and all Data and information entered in the system shall cease to be available to You.
- 2.7thinkCube expressly excludes any liability for any loss or damage to Your Data at the expiry of the Trial Period should You not sign up to a permanent account.
- 2.8thinkCube will not reproduce, distribute or modify Your Data for any commercial or other purposes unless specifically permitted by You. However, You agree and grant permission for thinkCube to access, transmit, store, copy, distribute, display and perform any other actions on Your user account solely as required for the purpose of providing services to You.
- 2.9You agree that You are responsible for any Data and other content created by You that is transmitted or distributed through ezBiz or any other media. You agree that You will not use, copy, reproduce, distribute, transmit, display, sell, license or otherwise deal with any content without the consent of the person or entity who owns such content.
- 2.10You must use ezBiz specifically for the purpose it is intended for and You must not reverse engineer, copy, resell, grant or assign any license to any third party.
- 2.11You agree that You shall not disclose Your username or password, including any other Confidential Information related to ezBiz or thinkCube, to any third party. If You discover any unauthorized use of Your user account, You must immediately notify thinkCube through firstname.lastname@example.org or by calling the thinkCube hotline to prevent any further unauthorised use. You agree that thinkCube shall not be responsible for any loss or damage to You or any third-party incurred as a result of such unauthorised access to Your user account.
- 2.12Any services such as service announcements, user account related information and feature upgrades that are communicated to You from time to time are considered a part of ezBiz and governed by this Agreement. However, You agree that ezBiz is provided as is and thinkCube is under no obligation to provide You with additional features, upgrades, updates, or bug fixes.
- 2.13You must inform thinkCube through email@example.com of any removal or blocking of content by thinkCube.
03. ACCESS FEES
- 3.1Once You have signed up to a permanent account Your subscription will automatically be renewed at the end of the monthly subscription period on receipt of Your payment of the Access Fees (as may be amended from time to time by thinkCube with 10 days prior written notice to You). You agree to thinkCube processing the Access Fees by charging the credit card last provided by You.
- 3.2In the event You request thinkCube to provide You with any additional services or support that are specific to You, thinkCube may charge You a service fee ("Service Fees"). You agree to thinkCube processing the Service Fees by charging the credit card/payment method last provided by You
- 3.3You are responsible for providing thinkCube with Your most current contact and billing information. You can update Your details through firstname.lastname@example.org.
- 3.4If You want thinkCube to charge the Access Fees to a different credit card, or wish to terminate Your subscription, You must inform thinkCube on email@example.com at least 10 days prior to the renewal date.
- 4.1thinkCube shall immediately terminate this Agreement without notice if:
- a)You use ezBiz for any illegal or unlawful activity;
- b)thinkCube receives instructions from a law enforcing authority or Government agencies;
- c)unpaid user accounts continue for a period of 30 days from the due date; or
- d)You breach any term of this Agreement and fail to rectify such breach within 5 days of a notice to do so.
- 4.2In the event thinkCube terminates this Agreement for any reason whatsoever, all Data associated with Your account will be deleted. However, You will be informed prior to deletion of Your Data. thinkCube shall not be responsible for any loss or damage resulting from such deletion of Your Data. thinkCube shall not be responsible for providing You with a copy of Your Data.
- 4.3Any objections to the termination of Your account must be sent to firstname.lastname@example.org within 5 days of notification to You.
- 4.4You may request thinkCube to terminate Your user account by sending a notice to email@example.com.
05. EXCLUSIONS AND LIMITATION OF LIABILITY
- 5.1thinkCube shall not be liable for any indirect, special, consequential or punitive damages, claims, loss or refunds resulting from the use or inability to use ezBiz.
- 5.2YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF EZBIZ IS AT YOUR SOLE RISK. EZBIZ AND ANY ASSOCIATED SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THINKCUBE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THINKCUBE MAKES NO WARRANTY THAT THE EZBIZ APPLICATION SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF EZBIZ SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF EZBIZ OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THINKCUBE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- 5.3IN NO EVENT SHALL THINKCUBE’S LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH EZBIZ OR THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE ACCESS FEES PAID BY YOU IN THE TWELVE MONTHS PRECEEDING YOUR CLAIM.
- 5.4You agree to indemnify and hold harmless thinkCube, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used ezBiz in violation of another party's rights, in violation of any law, in violation of this Agreement, or any other claim related to Your use of ezBiz.
- 5.5In the event You contract with a third party, including but not limited to thinkCube appointed resellers, to provide any services to You, such as training, data entry, etc. related to ezBiz, You acknowledge and agree that such third parties are independent of thinkCube, and thinkCube shall not be liable or responsible for any loss or damage that may occur, irrespective of any claim of affiliation to thinkCube by such third party. thinkCube shall not be a party to any contract entered into with any third parties for the provision of services related to ezBiz.
- 5.6This section 5, clauses 5.1 to 5.6 inclusive, shall survive the termination of this Agreement.
- 6.1thinkCube may amend this Agreement from time to time as it deems fit without prior notice to You, and You shall be bound by all such amendments. Any changes to this Agreement will be made available on the Website.
- 6.2thinkCube owns all the Intellectual Property Rights in ezBiz. The ezBiz name, ezBiz logo, thinkCube name, thinkCube logo, and the names and logos of individual services offered by thinkCube are trademarks owned by thinkCube. You agree not to display or use these trademarks in any manner, without the prior written permission of thinkCube.
- 6.3This Agreement shall be governed by the laws currently in force in the Democratic Socialist Republic of Sri Lanka.
- 6.4Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with this Agreement , including without limitation, the validity, enforceability, or scope of this Agreement, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Institute for the Development of Commercial Law and Practice Arbitration Centre (ICLP Centre). Any dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or dispute of any other party. The decision of the arbitrator shall be final and binding. Arbitration shall be conducted in Colombo, Sri Lanka and the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, thinkCube may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
- 6.5This Agreement represents the entire understanding between You and thinkCube regarding ezBiz and supersedes any prior purchase order, advertising, confirmation, representation or other communication.
- 6.6If any term of this Agreement is found to be void, invalid or unenforceable, such term shall be severed from and shall not affect the remainder of this Agreement which shall continue in full force and effect. Any such severed term shall be replaced with a similar provision that conforms with applicable law and embodies as closely as possible, the original intent of the parties to this Agreement.
- 6.7If You have any questions or concerns regarding this Agreement, please contact thinkCube at firstname.lastname@example.org. However, please note that thinkCube is not able to provide You with legal advice regarding this Agreement and You must obtain Your own independent legal advice.