1.1. Owner of the Service
The Eezyn.com Service and the Eezyn.com web sites are referred to hereafter as 'the Eezyn.com Network' or 'the Network' . Eezyn.com may also be referred to hereafter as 'Eezyn.com', 'we', 'us' or 'our'.
1.2. Acceptance of the Terms of Service
Your membership of the Service or user account is conditional upon your express agreement to, acceptance of and compliance with these Terms of Service, as well as agreement to and compliance with other terms, conditions, notices and disclaimers contained elsewhere on the Eezyn.com Network.
The submission of your Eezyn.com online user registration form constitutes your acceptance of these Terms of Service.
1.3. Changes to the Terms of Service
We reserve the right to revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
1.4. Changes to the Service
We reserve the right to vary the specifications, rates, rewards, rules, conditions and content of any aspect of the Service and Network at any time without notice.
1.5. Content of the Network
Whilst we make every effort to ensure information or content published on the Network by us is accurate and complete, we make no guarantee that it is, and cannot be held responsible for any errors or omissions in any such information or content.
Any dated information or content published by us on the Network is current at the time of publication, and we are not obliged to update or amend any such information or content.
2. Eligibility and Conditions of Membership or user account
These conditions of membership or user account are the primary, but not the only conditions of membership. We reserve the right to terminate your membership of the Service or user account if you breach or fail to comply with any of the following conditions of membership:
2.1. Eligibility to join the Service
2.1.1. To be eligible to join the Service, you must:
be 15 years of age or over; or
if you are between 13 and 14 years of age, you must have a parent’s or guardian’s permission to join.
Individuals 13 years of age or below are not eligible to join Eezyn.com.
2.2. Joining and using the Service
2.2.1. You may only apply for and use one user account or membership.
2.2.2. You must not join nor use the Service on behalf of any other individual, including a family member.
2.2.3. You must not allow any other individual to use the Service or your user account on your behalf.
2.3. Registered email address
2.3.1. You must provide a valid email address (referred to as the 'registered email address') when you register to become a member or user.
2.3.2. The email address you provide when you register must be an active email address in regular use by you.
2.3.3. If you ever discontinue use of the registered email address, for your membership or account to remain active you must advise us of a new, active email address that you regularly use. You can advise us of a new email address in the Profile section of this web site. You will be required to re-validate your new registered email address.
2.3.4. Your registered email address must not be the registered email address of any other member or user of the Service or website.
2.4. Registered mobile phone number
2.4.1. You must provide a valid mobile phone number (referred to as the 'registered mobile number') when you register to become a member.
2.4.2. The mobile phone number you provide when you register must be an active mobile phone number in regular use by you.
2.4.3. If you ever discontinue use of the registered mobile phone number, for your membership to remain active you must advise us of a new, active mobile phone number that you regularly use. You can advise us of a new mobile phone number in the Profile section of this web site. You will be required to re-validate your new registered mobile phone number.
2.4.4. Your registered mobile phone number must not be the registered mobile phone number of any other member of the Service.
2.5. Personal and profile information
2.5.1. You must provide us with information about yourself, and you agree to us keeping a record of that information for as long as you remain a member or user of the Service. You may be required to provide personally identifiable information in the Profile section of this web site. You may be required to provide information about you that does not personally identify you in the Profile section of this web site.
2.5.2. The information you provide to us must be complete, current, correct, valid and truthful.
2.5.3. You must keep the information that you have provided to us current and up-to-date by periodically reviewing and updating the information provided. You can do this using the Account and Profile sections of this web site.
2.6. Accuracy, honesty and integrity
2.6.1. At all times in your dealings with Eezyn.com and its partners and suppliers you must act with integrity and honesty.
2.6.2. When filling in and responding to our online surveys and quizzes that you have been invited to participate in, you must answer questions accurately and truthfully, with carefully considered responses. You must not rush through the survey and submit partial or nonsense responses. You must not use inappropriate or profane language in your responses.
2.7. Unsolicited messages and spam
2.7.1. In these Terms of Service, 'spam' means the use of email, online message boards, online chat rooms, usenet, or an electronic messaging service to send a message which:
is addressed to a person with whom the sender does not have an existing relationship;
is not sent with the implied or express consent of the recipient;
is typically, but not always, sent or posted in excess volume;
contains information that is unsolicited or unwelcome.
2.7.2. You must not send unsolicited messages or spam to promote the Service.
2.7.3. You must not use the Network or Service to send spam.
2.8. Unlawful use, hacking, tampering and using automated scripts
2.8.1. You must not use the Network or Service in a way that is or for any purpose that is unlawful.
2.8.2. You must not use the Network to engage in any kind of hacking, tampering, spoofing or abuse of any system or computer network.
2.8.3. You must not engage in any kind of hacking, tampering, spoofing or abuse of the Eezyn.com Network and any aspects of the Service and website.
2.8.4. You must not use a script, robot, software program, or other system that operates the Network or Service on your behalf and outside of the intended use of the Network or Service, whether it be to earn Award Symbols and shopping credits automatically, post or transmit bulk messages, or otherwise interfere with the normal operation and security of the Network or Service.
2.8.5. If you breach any of the conditions above, your account or membership will be cancelled and you may be prosecuted for damages or expenses arising directly or indirectly out of your actions.
2.8.6. We are under no obligation to monitor any person’s use of the Network or Service, however we reserve the right to monitor the Network and Service and retain and disclose information as allowed by law and requested by any law enforcement authority in any jurisdiction.
3. Privacy and Security
3.2. Personally identifiable information
3.2.1. The information you provide in the Profile section of the Eezyn.com web site includes personally identifiable information, such as your name, your email address, your telephone number, your residential address, and your postal address.
3.2.2. Your personally identifiable information will never be sold to any third party.
3.2.3. Your personally identifiable information may be shared with a third party if it is required by law. For example, if we receive a lawful direction or request from a law enforcement authority in any jurisdiction we may disclose your identity and personally identifiable information to that authority.
3.2.4. Your personally identifiable information may be shared with a third party (for example a supplier or partner of ours) if it is necessary for us to process a transaction that you request us to process, or if you opt-in to a service or feature where we outsource some aspects of the provision of that service or feature.
3.3. Third parties
Sometimes you may be directed to a web site where an advertiser or market research company asks you to provide your personal information. It is your choice whether to provide your personal information to that third party. We cannot be held responsible for the privacy practices or actions of any third party.
3.4. User Profile or account information
The information you provide in the account or Profile section of the Eezyn.com web site is information about you that can be used to identify you personally (such as your age, gender, postcode, education, background, preferences, habits, etc.)
The information in your user account or profile is never shared with any third party in a way that can be used to personally identify you. It is only shared with third parties on an aggregate basis. 'Aggregate basis' means the information of many members is combined together to form one measurement or quantity that cannot be used to identify any particular person. For example, a client may be told that their advertising campaign is going to be received by 1,000 members between 18 and 30 years of age, and received by 2,000 members between 31 and 40 years of age.
We will take all reasonable precautions and measures to maintain the security and privacy of your personal information. This includes using the very best in hardware, software, and security practices available to us. However, due to the nature of the Internet and the nature of the systems and technology available at the current time, it is unfortunate that breaches of security are still possible. Therefore we cannot guarantee that your information will be completely secure, and we cannot be held liable for any loss or damage arising out of a breach of security.
3.6. Account password
You must keep your account password confidential at all times. You are responsible for all transactions made on the Network with your user name and password. We are not liable for any loss or damage arising out of the unauthorised use of your user name and password.
4. Communications from Us
4.1. Service emails
4.1.1. When you join the service by completing the online user registration form you give us consent to send you emails, with or without any incentive or reward, that are necessary for us to continue to provide the Service to you. These emails (referred to as 'service emails') may include:
verification or validation emails;
important information or notices about the Service and your use of the Service;
responses to a customer service enquiry you have made;
notification or confirmation of any transaction you initiate;
requests for additional information from you;
4.1.2. Because service emails are required and necessary for us to provide the Service to you, the only way to unsubscribe from receiving service emails from us is to terminate your use of the Service by canceling your membership or user account.
4.2. Advertising emails
4.2.1. By joining the Service you initially give us consent to send you commercial advertising messages via email (referred to as 'advertising email' or 'email offers').
4.2.2. We make no guarantee or representation as to the minimum number of advertising emails you will receive from us.
4.3. Advertising postal mail
4.3.1. By joining the Service you initially give us consent to send you commercial advertising messages via post (referred to as 'advertising mail', 'advertising messages', or 'postal rewards').
4.3.2. We make no guarantee or representation as to the minimum number of advertising mail letters you will receive from us.
5. Award Symbols and shopping credits
5.1. Your user account for award symbols and shopping credits
5.1.1. As a member or user of the Service we will maintain against your membership or user account a balance of Award Symbols. As you use the Service you may accumulate Award Symbols, and then once you have collected all award symbols of a particular prize, you may redeem those Award Symbols for the prize.
5.1.2. Until such time as your award symbols is completed for a particular prize, we are not liable to you for payment of any prizes.
5.1.3. You expressly acknowledge that your eligibility to redeem your Award Symbols and shopping credits is conditional upon your ongoing compliance with these Terms of Service. If at any time we have evidence or reason to believe that you are not in compliance with these Terms of Service, we may, at our discretion, cancel your membership of the Service or user account, cancel any right or interest that you may have in the Award Symbols and shopping credits that you have accumulated, and cancel any outstanding redemption or payment of cash or prizes.
5.1.4. If you choose to cancel your Eezyn.com membership or user account, all of your Award Symbols, shopping credits and prizes are immediately and irreversibly forfeited. All outstanding and pending payments and prizes are immediately canceled.
5.2. Award symbols, shopping credits and prizes obtained by fraud or deception
Where an amount of Award Symbols, shopping credits and prizes have been credited to your account and we at any time have evidence or reason to believe that those Award Symbols, shopping credits and prizes were credited to your account due to the fraudulent, deceptive or dishonest actions of you or any other member, we reserve the right to reverse the transaction by deducting from your account the same amount of Award Symbols, shopping credits, member points and prizes.
5.3. Award Symbols, shopping credits, member points and prizes credited due to error or computer software bug
If Award Symbols, shopping credits, member points and prizes are credited to your account due to a human or computer error, or if Award Symbols, shopping credits, member points and prizes are credited to your account due to the accidental or deliberate exploitation of a computer programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.
Eezyn.com Award Symbols, shopping credits and prizes are not transferable between members or accounts under any circumstances.
5.5. Waiting period
For some aspects of the Service and Network, Award Symbols, shopping credits and prizes may not be credited to your account immediately. You should expect that in some instances, it can take up to 60 days or more before Award Symbols, shopping credits, member points and prizes that you have earned can be credited to your account.
5.6. No guarantee of earning potential
You acknowledge that we do not make or imply any guarantee or representation as to the number of Award Symbols, shopping credits, member points and prizes you can earn as a member or user of the Service.
6. Redemption of prizes, award symbols, member points and shopping credits
6.1. General conditions
6.1.1. In these Terms of Service, 'redemption' and 'payment of award symobs, shopping credits, member points and prizes' may include any type of request for us to pay you or award to you any money or merchandise in exchange for an amount of your accumulated Award Symbols, member points and shopping credits. This includes payment by cash, bank transfer, voucher, or transfer of Award Symbols to a participating program. This also includes a request for us to pay money to a nominated charitable organisation on your behalf.
6.1.3. At the time you make a request for redemption of your award symbols and shopping credits, we may review the details and transaction history of your membership or user account, and the details of any related membership or user accounts, to check for any evidence of fraud or deception by you. If we have evidence or reason to believe that you have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request to claim or obtain award symbols, shopping credits, member points and prizes and take other action such as canceling your membership or user account as permitted by these Terms of Service.
6.1.4. In clause 6.1.3., 'related membership accounts' means any membership or user account that referred your membership account, or any membership accounts that were referred by your membership account, or any membership account that has provided the same email or residential address or postal address as your account.
6.1.5. At the time you make a request to claim your award symbols, shopping credits, member points and prizes, we reserve the right to request that you supply or update your registered mobile phone number and re-validate your registered mobile phone number for account verification and security purposes, before approving your request for redemption or payment of rewards. If you are unable or elect not to supply and validate your mobile phone number, we may deny your request for payment of rewards.
6.1.6. The rate at which you may redeem Award Symbols for cash or prizes is at our discretion, and may vary from time to time without notice.
6.2. Payment by paypal or online transfers
6.2.1. Payment of rewards or prizes by paypal or online transfers are only available to you if you have provided correct user profile information.
6.2.2. You are solely responsible for ensuring the accuracy of the information provided for the purposes of a transfer.
6.3. General conditions for the award of any prize or merchandise
6.3.1. We are not responsible for any mail handling error of any postal service involved in the delivery of any prize to you.
6.3.2. If a prize or item sent to you is returned to us because the address for delivery is undeliverable, we will charge to your account an equivalent fee to the total cost of delivery for us to re-send the item.
6.3.3. We reserve the right to refuse a request for exchange or refund of any prize or merchandise, to the extent permitted by law.
7. Network and Service Facilities
7.1. Online Shopping
7.1.1. In this clause 7.1., 'transaction' refers to any purchase, order, or action you initiate with a third party including ordering goods or services, or signing up to a service or membership, even if you make no payment for the goods, service, or membership.
7.1.2. The offers made in the Online Shopping and Register for Offers sections of the web site are made by third parties. You acknowledge that we act as a referral agent only and are not responsible for the quality of goods and/or services you receive from any third party.
7.1.3. We make an offer of Award Symbols and shopping credits to you for making a transaction at any third party listed in the Online Shopping or Register for Offers sections, but only if you make that transaction as an individual referred to the third party by us. The offer of Award Symbols and shopping credits are made on the basis that the third party pays us a commission for referring you to the third party.
7.1.4. To be eligible to receive Award Symbols and shopping credits for making a transaction with a third party listed in the Online Shopping or Register for Offers sections, you must:
initiate the transaction by using a link to the third party on this web site or in an email we send to you, and;
you must use that link before making the transaction, and;
you must use that link in the same web browsing session as when you make the transaction, and;
you must not use any other referral or tracking link for that third party between the time when you use our link and when you make the transaction, and;
where stated, you must complete any other required actions including answering any questions asked; and
where stated, you must comply with any other terms, conditions and requirements.
7.1.5. In some instances, certain products, services, or offerings are expressly excluded from the offer of Award Symbols and shopping credits, and there may be particular terms, conditions or requirements that apply only to that offer. You should ensure that you fully understand any exclusions, terms, conditions, and requirements as displayed before proceeding with a transaction.
7.1.6. You acknowledge that we may elect not to credit you with Award Symbols and shopping credits if the third party elects not to pay us commission for referring you.
7.1.7. We may elect not to credit you with Award Symbols and shopping credits for a transaction you make when failure of any system such as an affiliate tracking system or cookie-based referral tracking system results in us not being paid by the third party for referring you.
7.1.8. We will not credit you with Award Symbols, and we may deduct Award Symbols and shopping credits already credited, for a transaction you make at a third party if you subsequently cancel the transaction or order, return the goods for refund or credit, or fail to pay for the order in full.
7.1.9. If you make a fraudulent or deceptive claim for Award Symbols and shopping credits we will reject your claim for Award Symbols and shopping credits, and we may deduct from your Award Symbols and shopping credits account, or we may cancel your membership or account of the Service.
7.1.10. You acknowledge that the Online Auction and shopping section of the Eezyn.com web site contains links to age restricted web sites and services, including web sites containing adult material of a sexual nature. We restrict access to these age restricted pages and web sites only to signed in members that have indicated to us they are 18 years of age or over. If you have indicated to us that you are 18 years of age or over, you will have a choice whether or not to follow these links. Do not click on these links or visit these web sites if you are not over 18 years of age or if you are offended by material that is sexual in nature.
7.6.1. We run competitions for members or users at various times. Additional terms and conditions apply to those competitions, and you should read those terms and conditions in conjunction with these Terms of Service.
7.6.2. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to have your name, suburb and state published on the Eezyn.com web site and in print media if you are a winner.
7.6.3. Unless stated otherwise in the competition terms and conditions, by entering into a competition run by us, you agree to provide us with a testimonial and photograph if you are a prize winner. When you provide us with a testimonial and photograph you must agree to us publishing your testimonial and photograph both on the Eezyn.com Network and in print and online media for marketing and promotional purposes.
7.6.4. Eezyn.com employees and their family members, and Eezyn.com affiliates, clients, agents, suppliers, and their employees and immediate family may not be eligible to enter any Eezyn.com competition.
8. Communication Facilities
8.1. Communication Facilities
The Eezyn.com Network contains electronic messaging and feedback systems, and other communication facilities which allow you to communicate with us, with third parties, and with other members of Eezyn.com (referred to hereafter as 'Communication Facilities').
8.2. Conditions of use
It is a condition of your use of any Communication Facility and your access to the Network and website that you do not do any of the following:
restrict or inhibit any other member from using or enjoying any aspect of the Service or Network;
post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
post or transmit any material of any kind which contains a computer virus or other harmful component;
post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising, unless we receive consideration or payment for such posting or promotion as part of the service we provide to our members and clients;
impersonate any other person or entity;
solicit donations for any person or any organisation other than a registered charity.
If you breach any of the conditions relating to the use of Communication Facilities we may impose penalty, we may suspend your access to use, and ability to post to, any Communication Facility, and we may cancel your membership of the Service or user account.
8.4. No obligation to monitor
We may from time to time monitor or review the contents of the Communication Facilities and website. While we reserve the right to edit, delete, or refuse to post any information, content or materials (in whole or in part) that in our sole discretion are in any way objectionable or in violation of any applicable law or these Terms of Service, we have no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post any information, content or materials, nor are we responsible for any information, content or materials posted by you or any other member of the Service or user of the Network.
8.5. Public not private
You acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
8.6. Cooperation with law enforcement authorities
We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any information, content or materials which violate any applicable or relevant law.
We reserve the right to cancel any membership or user account created with a username that in our opinion is offensive, obscene, profane or indecent.
9. Third Party Web Sites, Advertisements, quizzes and Surveys
The Eezyn.com Network and the emails sent by us contain advertisements and links to web sites and online market research surveys and quizzes operated by third parties or their licensees or contractors. Third party links, advertisements and market research surveys are paid for by the relevant third party and are not a recommendation or endorsement by us or our affiliates or our respective employees. We make no express or implied warranties in relation to the content of these advertisements or web sites, including the accuracy, completeness, reliability or suitability of the web sites or the products and services advertised for any purpose.
In some instances, the advertisement or web site linked will contain representations or offers by the third party which you can accept by executing the relevant transaction. You acknowledge that such offers are not made by us, and the third party is solely responsible to you for the delivery of any goods or services obtained from the third party.
If you have an enquiry or complaint about a particular advertisement, link, email, or survey, you may contact us. We will endeavour to answer your question or resolve the issue, however in some circumstances we may need to direct you to contact the owner of the web site, advertisement or survey directly.
All content and material on the Eezyn.com web site and Network and sent to you in an email by Eezyn.com is protected by international copyright law, and may also be protected as a trade mark, service mark, or under other rights and laws.
Except for the creation of a temporary copy on your computer which is inherent to the process of the normal use of the Network or Service, the content and material referred to above may not be copied, reproduced, published, stored in a retrieval system, altered or otherwise used in any form or by any means, in whole or in part, without our prior written approval, or the approval of the relevant copyright owner.
11. Disclaimer of Warranty
You acknowledge that you have not relied upon or been induced by any representation by us and that we make no warranty or representation as to:
the results that may be obtained through membership of the Service or user account;
the accuracy, reliability or otherwise of any information obtained through membership of the Service or user account;
the financial or other rewards which may be obtained through membership of the Service or user account;
the Service or Network being uninterrupted, timely or error free;
the goods and/or services purchased or obtained through the Service or Network, including goods and or services offered by third parties, except where expressly indicated.
12. Limitation of Liability
You release Eezyn.com, its parents, subsidiaries, and its officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:
any advertising emails or survey invitation email sent to you;
your membership of the Service or user account;
your use of or inability to use the Eezyn.com Network;
the quality of goods and/or services purchased by you;
any dispute with a supplier of goods and/or services.
You indemnify and keep indemnified Eezyn.com, its parents, subsidiaries, and its officers, employees, agents and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits caused by or arising out of or consequential upon your membership of the Service or your use of the Network.14. Termination
These Terms of Service are effective and in force until terminated by us. We may terminate these Terms of Service at any time without notice.
14.2. Cancellation by us
We reserve the right to cancel your user account or membership and terminate your use of the Service at any time, without cause or reason, and without notice. Specifically, we may cancel your user account or membership and terminate your use of the Service, without notice, if you:
breach or violate any conditions or requirements in these Terms of Service;
act against the business interests or reputation of Eezyn.com or its affiliated organisations and clients.
We reserve the right to cancel your membership or user account and terminate your use of the Service, with 7 days notice, if your membership or user account becomes inactive through non-use over a period of 12 months. To prevent your membership account from becoming inactive, it is sufficient to simply sign in to the Eezyn.com web site on a regular basis.
14.4. Cancellation by you
You may choose to terminate your obligations under these Terms of Service at any time by cancelling your Eezyn.com user account. This can be done in the Account Settings section of this web site. You will be required to enter your password in order to cancel your membership or user account.
14.5 Forfeit of award symbols, shopping credits and prizes
If your membership or user account is cancelled, you will forfeit all of your Award Symobls, shopping credits, prizes and all outstanding redemption payments and prizes.
14.6. Refusal of application
We reserve the right to refuse your application to join the Service again if we have ever cancelled your membership of the Service or user account in the past.
If any part of these Terms of Service is or becomes illegal, invalid or unenforceable, it shall not affect the validity or enforceability of any other part or provision of these Terms of Service.
16. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of an Australian state been selected by the Eezyn.com management team, and of the Commonwealth of Australia. You submit to the jurisdiction of the courts of an Australian state been selected by the Eezyn.com management team and the Commonwealth of Australia.