Welcome to EzySpec! These Terms of Service (the “Terms”) and our Privacy Policy govern your access to and use of the EzySpec services and the EzySpec website, including any browser extensions, mobile applications and other downloadable apps provided by NBS Enterprises (Australia) Pty Ltd (collectively, “EzySpec”), so please read them carefully.

By using EzySpec, you are agreeing to these Terms. If you do not agree to these Terms, do not use EzySpec. If you are using EzySpec on behalf of an organization such as your employer, you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “you” and “your” will refer to that organization.

We may periodically revise the Terms. If a revision is material, as determined solely by us, we will notify you for example via email. The current version of our Terms will always be posted on our Terms page, so please check back regularly. If you have a current paid subscription to EzySpec and are materially disadvantaged by a revision to our terms, and you have a current subscription with us, you may object to that revision within thirty days of its posting on our Terms page. Where you do object, you will remain subject to the terms in effect immediately prior to the revision until the earlier of i) 12 months’ time; or ii) the end of your current Subscription Term.

Your EzySpec Account

To use EzySpec, you'll need to create an account via EzySpec.

You are responsible for safeguarding your EzySpec login credentials. You are responsible for activity on your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account.

Your Content

By using EzySpec, you provide us with text, images, file attachments, and other information (“your content”). You retain full ownership of your content - what belongs to you stays yours.

You can remove your content by deleting it. However, in certain instances, some of your content may not be completely removed (when your data is shared with someone else, for example). We are not responsible or liable for the removal or deletion of any of your content, or the failure to remove or delete such content.

You are solely responsible for your content and indicate that you own or have the necessary rights to all of your content, and that use of your content does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Starting Point Content

Ezyspec incorporates content and features to assist in your material descriptions. These descriptions are a starting point only and must be reviewed by you for your specific project suitability and content. Details on the system may be out of date from time to time and we provide no guarantees of its accuracy or content.

Your Use of EzySpec

EzySpec is protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You may only use EzySpec as permitted by law, including all applicable federal, state, local or international laws and regulations. Do not, for example:

Use any engine, software, tool, agent, device, mechanism or the like to access, search, or download intellectual property from EzySpec, or use EzySpec in any way other than through our publicly supported interfaces;
Access, tamper with, or use non-public areas of EzySpec, EzySpec’s computer systems, or the technical delivery systems of EzySpec’s providers;
Probe, scan, or test the vulnerability of any EzySpec system or network or breach any security or authentication measures;
Decipher, decompile, disassemble or reverse engineer any of the software used to provide EzySpec;
Plant malware or use EzySpec to distribute malware;
Violate the privacy of others;
Violate any applicable law or regulation;
Impersonate or misrepresent your affiliation with any person or entity; or post or transmit anything that is fraudulent or misleading;
Send unsolicited communications, promotions, advertisements or spam or otherwise infringe on others' rights;
Interfere with the access of any user, host or network, including introducing any virus to, overloading, flooding, spamming, or mail-bombing EzySpec, or introducing any other material or content which is malicious or technologically harmful;
Attack EzySpec via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of EzySpec;
Attempt any of the above, or encourage or enable any other individual to do any of the above.

We have the right to investigate violations of these Terms and may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Confidentiality

Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder; or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.

Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

Ezyspec work with other entities such as specification consultants and manufacturers to assist with updating product information. Project specific information is not considered Confidential Information and may be provided to these other entities, from time to time, to either assist with product descriptions or project specific requirements. To opt-out of sharing project specific information, please select ‘NDA’ (Non-Disclosure Agreement) within the project.

Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or other remedy.

We respect the intellectual property rights of others, and expect you to do the same.

It is our policy to terminate the EzySpec account of anyone who repeatedly infringes the copyright or intellectual property rights of others. EzySpec will respond expeditiously to claims of copyright infringement committed using EzySpec as reported.

If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact please contact us at [email protected] and provide the following information:

Your full legal name and electronic or physical signature
A description of the copyrighted work or other interest that you believe has been infringed;
Enough information to properly identify and locate that content (including, at a minimum, the relevant URL)
Contact information, including your address, telephone number, and email address
The following statements in the body of notice:

“I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
“I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP, or authorized to act on behalf of the owner of the IP.”

Upon receipt of notice as described above, we will seek to confirm the existence of the IP on EzySpec and take whatever action, in its sole discretion, we deem appropriate.

Termination

We may terminate or modify your access to and use of EzySpec, at our sole discretion, at any time and without notice to you, for example, if you are not complying with these Terms, or if you use EzySpec in any way that would cause us legal liability or disrupt others’ use of EzySpec.

If we suspend or terminate your use of EzySpec, we will try to let you know in advance and help you retrieve data, though there may be cases (for example, flagrantly violating these Terms) where we may suspend immediately.

Publicity

Unless otherwise specified, EzySpec may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an EzySpec customer on EzySpec's website and other marketing materials.

Warranty Disclaimers

EZYSPEC IS PROVIDED “AS IS,” AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NBS Enterprises (Australia) Pty Ltd will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of EzySpec.

Indemnity

You will hold harmless and indemnify NBS Enterprises (Australia) Pty Ltd and its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of EzySpec or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Limitation of Liability

(A) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NBS ENTERPRISES (AUSTRALIA) PTY LTD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, PROFIT, DATA, GOOD WILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NBS ENTERPRISES (AUSTRALIA) PTY LTD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO EZYSPEC MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO NBS ENTERPRISES (AUSTRALIA) PTY LTD FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

Terms of Paid Subscriptions

If you purchase a subscription to the Services via the EzySpec website (“Online Subscription”) or pursuant to any ordering document (“Order Form Subscription”), the following terms of subscription will apply to you:

Subscription Term. The Services are provided on a subscription basis for a term defined in the Online Subscription, or on the Order Form Subscription, as applicable (each, a “Subscription Term”).

Cancellation. You may cancel your subscription at any time; however, you are responsible for advance payment of the entire Subscription Term. Fees are non-refundable based on the Subscription Term purchased and not actual usage. Payment obligations for the Subscription Term to which you subscribe are noncancelable.

Renewals. For Online Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term. Online Subscriptions can be cancelled directly at www.ezyspec.com. For Order Form Subscriptions, each Subscription Term will automatically renew for an additional Subscription Term equal in length to the original Subscription Term, unless cancellation is requested in writing (including by email to [email protected]) at least thirty (30) days prior to the expiration of the then-current Subscription Term.

Billing and Payment. If you purchase a subscription to the Services via credit card, debit card or other payment card (collectively, “Credit Card”), you hereby authorize EzySpec (or its designee) to automatically charge your Credit Card in accordance with the applicable Online Subscription or Order Form Subscription. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to EzySpec. Each net new user beyond the scope of the initial Online Subscription or Order Form Subscription, as applicable, will incur an additional charge, and will be included in a true-up invoice or charged automatically via Credit Card, as applicable.

Late Payments. Any late payments shall be subject to a service charge equal to the Commonwealth Bank standard variable rate + 3% per annum of the amount due (plus the costs of collection). EzySpec may terminate your subscription if you fail to promptly pay any outstanding fees.

Taxes and Fees. You are responsible for all sales, use, value added or other taxes of any kind, other than taxes based on EzySpec’s net income. You are also responsible for any payment-related fees such as wire transfer or Credit Card processing fees.

Expenses. You are responsible for all fees or expenses related to accessing or using the Services that are extrinsic to the Services. This includes, without limitation, your own internet service provider fees.

Price Changes. We will notify you in advance for any changes to the subscription price so you can cancel the subscription if you so choose before the price change comes into effect.

General Terms

These Terms and any action related thereto will be governed by the laws of the State of NSW without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive agreement between you and NBS Enterprises (Australia) Pty Ltd, and supersede and replace any other agreements, terms and conditions. These Terms create no third party beneficiary rights. NBS Enterprises (Australia) Pty Ltd’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. NBS Enterprises (Australia) Pty Ltd may freely assign or transfer these terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact us at [email protected].