This Agreement is effective from 28 March 2017 for all users. This agreement is between you (the “User” –including businesses users) and Ezerus Pty Ltd (ACN 604 395 986) trading as Talk and Buy of Suite 3.04 7-9 Merriwa Street, Gordon, 2072, NSW Australia (“Our or We”). By using any products or services provided by Talk and Buy you accept this Agreement.
Services: Talk and Buy provides a web based platform which enables users to connect applications to other applications for telephony and telecommunication purposes.
Intellectual Property & Content includes all copyright and all rights in relation to registered and unregistered trademarks (including service marks), registered designs and confidential information (including trade secrets and know-how), and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
3.0 Using Talk and Buy
While using our services, you agree that you will not:
- add content or goods (products & services) that infringe any laws, third party rights or our policies;
- use our services if you are not able to consent to legally binding contracts, are under 18 years of age or suspended from using our services;
- manipulate or interfere with content, functions or congas in anyway;
- fail to pay for goods which you have joined a conga for, unless permitted to do so by Law;
- circumvent, manipulate or interfere with our fee calculation process to alter fees owed to Crowd Conga;
- circumvent, manipulate or interfere with any of our processes;
- use the personal information of another person to create an account without their permission;
- add misleading, inaccurate, defamatory or offensive content (including personal information);
- use our services to spam others;
- use any of our registered and unregistered trademarks, and intellectual property without clear, written, explicit consent.
3.1 By adding any form of content, written, visual or otherwise you grant Crowd Conga a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to the proprietary and non-proprietary right in the content you provide now or in the future.
Whilst we try to provide reliable data and information, we cannot promise that all data and information on our services will always be accurate and up-to-date, and you agree not to hold us or businesses on our services responsible and to check with the relevant business before joining a conga/purchasing.
Talk and Buy reserves the right to refuse, remove, suspend or band a business or user at its reasonable sole discretion.
Talk and Buy is in no way affiliated with Intercom.io or Livechat. We create integrations into other platforms to assist business users.
Plans are only month to month and credits do not roll over.
Pay as you go credits expire after 60 days.
If you fail to renew your plan and/or numbers any associated numbers will be lost.
It is physically impossible to provide refunds for any numbers purchased on the platform or month to month plans. Consequently, no refunds can be provided.
6.0 Business Users
By adding a business to Talk and Buy, you agree to:
- provide a warranty that you have the relevant authority to bind the business being added to these terms and conditions;
- have the relevant license required to sell or provide your goods;
- provide us with authorization, where needed, to act as an agent or representative under your license to provide our services to you;
- provide usa with an unlimited license to use any uploaded content for the purposes of running these services;
- warrant that you have the relevant proprietary rights to the content you are using, and elect Crowd Conga to act as an authorized representative where this is required for your proprietary rights to be exercised;
- obey the Australian Consumer Law and other Laws;);
- to pay the relevant fees prescribed by us;
- our fees are charged in US Dollars (USD) and may change from time to time;
- not try and circumvent our fee structure;
- not try to copy or reverse engineer our code and platform;
- not use our services to spam users and for any illegal activity;
- to provide any relevant information necessary to verify your identify and your businesses identity.
7.0 Release and Indemnity
By using Talk and Buy, in as far as is permitted by law, you release us, including our contractors, employees and agents from liability for loss, damage or injury caused by, in anyway, seen or unforeseen by using, or being unable to use, any of our services.
We do not provide any warranty as to the reliability of any of our services, except where an SLA has been entered into by you and us specifically, and you use our services strictly at your own risk.
Any price provided by us must is inclusive of any relevant taxes unless explicitly indicated otherwise.
9.0 Entire Agreement
9.2 Talk and Buy, in as far as is permitted by Law, reserves the right to change this agreement unilaterally by providing notice.
10.0 Legal Disputes
In the unfortunate event that a dispute arises between you and us, we first encourage you to speak with us at [email protected] or via our help desk. We support alternative dispute resolution and would take strongly any attempts to solve the matter this way.
10.1 Choice of Law and Forum – This agreement will be governed, in its entirety, by the Laws of New South Wales, Australia.