Terms of Use

Starsoft reserves the right to change this Terms of Use Agreement at any time and Starsoft will make every effort to communicate these changes to you. It is your responsibility to make sure that you have read, understood and that you agree to the terms of use.

1. Definitions

"Payment" - means the purchase fee (including tax) payable by you in accordance with the fee schedule set out on the Ezidoesit Website (which Starsoft may change from time to time on giving notice to you).

"Confidential Information" - includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Ezidoesit software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data" - means any data inputted by you into the Ezidoesit Software application.

"Intellectual Property Right" - means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Ezidoesit Software" - means the Ezidoesit Software application made available to you (as may be changed or updated from time to time).

"you" - means you and includes your employees, consultants, representatives and agents.

2. Use Of Software

Starsoft grants you the right to access and use the Ezidoesit Software application. This right is non-exclusive and non-transferable and limited by the terms of this Agreement.

3. Payment Obligations

You will pay Starsoft the Payment by credit card or any other mutually approved method of payment. Starsoft will invoice you by sending you an email to the email address you provide.

4. General Conditions of Use

You use the Ezidoesit Software Service at your own sole risk. The software is provided on an "as is" basis.

5. Confidentiality

Unless the relevant party has the prior written consent of the other or unless required to do so by law -

Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this Agreement.

Each party's obligations under this clause will survive termination of this Agreement.

6. Privacy

Starsoft maintains a Privacy Policy, which you can read on www.Ezidoesit.com.

7. Copyright and Content Ownership

Starsoft claim no intellectual property rights over the material you create through using the Ezidoesit Software application.

8. Intellectual Property

Title to, and all Intellectual Property Rights in the Ezidoesit Software application and any documentation relating to the Software remain the property of Starsoft Limited (or its licensors).

Title to, and all Intellectual Property Rights in, the Data remain your property. 

9. Warranties And Acknowledgements

You acknowledge that -

The provision of access to, and use of, the Ezidoesit Software application is on an "as is" basis and at your own risk.

Starsoft does not warrant that the use of the Ezidoesit Software application will be uninterrupted or error free.

10. No Warranties

Starsoft gives no warranty about the Ezidoesit Software application. Without limiting the foregoing, Starsoft does not warrant that the Ezidoesit Software application will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

11. Limitation Of Liability

To the maximum extent permitted by law, Starsoft excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of Data, profits and savings) or damage resulting, directly or indirectly, from the use of, or reliance on, the Ezidoesit Software application.

12. Termination and Cancellation
 

Termination for Breach

Starsoft may terminate this Agreement if you -

Breach this Agreement and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;

Breach this Agreement and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 3. or any payment more than 30 days overdue); or

Go into liquidation or has a receiver or manager appointed of any of your assets or become insolvent, or make any arrangement with your creditors, or you are subject to any similar insolvency event in any jurisdiction.

Termination of the Agreement is without prejudice to the rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will -

Remain liable for any accrued charges and amounts which become due for payment before or after termination; and

Immediately cease to use the Ezidoesit Software application.

13. Help Desk

In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting Starsoft. If you still need technical help, please email us at support at Starsoft.co.nz (replace at with @) or uksupport at Starsoft-europe.com (replace at with @).

14. General
 

1. Entire agreement

This Agreement supersedes and extinguishes all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and Starsoft relating to the Software and the other matters dealt with in this Agreement.

2. Waiver

If either party waives any breach of this Agreement, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

3. Delays

Neither party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

4. No Assignment

You may not assign or transfer any rights to any other person.

5. Governing law and jurisdiction

This Agreement is governed by the laws of New Zealand and you hereby submit to the exclusive jurisdiction of the courts of New Zealand for all disputes arising out of or in connection with this Agreement, without reference to any conflicts of laws.

6. Severability

If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.