1.2 In these terms, “Content” means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site; “We,” “us” or “our” means the vendors of the Easy Peasy Budget system who are the author or authors of the Site and its Content; and “You” or your” means the person accessing or using the Site or its Content.
1.3 These terms are also our Privacy Statement which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms, if any, will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order for a password or any other product from us. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these terms.
1.4 This Site is intended for and directed to users over the age of 18 years, and who have purchased a password for the Site. If you are under the age of 18 years, or have not purchased a password, then you may not use the Site. If you are under the age of 18 years you must not try to purchase a password for the Site.
1.5 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at firstname.lastname@example.org.
- Purchasing Access to the Site and its Content
2.1 Some areas of the Site and its Content are protected by passwords. You may purchase a password from us in order to access these areas. You must not access password-protected areas of the Site, or password-protected Content, without purchasing a password or without another one of our customers purchasing a password for you.
2.1.1 If you have not yet purchased a password and have not received a password from another one of our customers, then you must purchase a first-time password.
2.1.2 Any customer who has a password may also purchase you a password at a reduced “gift” price. Once you have a password, you may also purchase “gift” passwords for others at the same reduced “gift” price.
2.1.3 You must renew your password annually, whether you have purchased a first-time password or received a password from one of our other customers. You must renew on or before the anniversary of your password being purchased in order to maintain access to the Site and its Content. We may restrict your access to the Site and its Content if you do not renew your password.
2.1.4 Each time you renew your password, as part of renewal you may give a new password to someone else, without needing to pay the “gift” price.
2.2 You may pay for a password to access the Site and its Content by using our the widget on our Site provided by out payment processor, PayPal, and by using a means acceptable to Paypal. We will do all that we reasonably can to ensure the information which you provide us when paying for a password by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be liable for any loss you suffer if a third party gains unauthorized access to information you provide to us, or to our payment processor.
2.3 Payments by credit card or debit card need to be authorized by the relevant card issuer. If your payment is not received by us and you have already received a password from us, you must pay for your password within 30 days or must cease use of password-protected areas of the Site and its Content and destroy records of the password sent to you. If you do not pay for the password, destroy records of it, or cease accessing the Site we may take action to collect payment at your expense, including the cost of legal fees on a solicitor and own-client, full-indemnity basis, and also charge interest on any balance outstanding at the rate of 3% per annum above the base rate of any card issuer. We will e-mail to let you know if we intend to do this.
2.4 The prices of our products are quoted in United States Dollars ($). They do not include GST. Our current prices are:
2.4.1 First-Time Passwords: $29.99
2.4.2 “Gift” Passwords: $19.99
2.4.3 Annual Renewal: $9.99. Renewing allows you to give a password to someone new, without paying the cost of a “gift” password.
2.5 Upon receiving payment, the estimated date of delivery for your password will be within 30 days. If we cannot deliver within 30 days, we will email you to let you know and we may either agree to a new delivery date with you, or agree to cancel your order.
2.6 Delivery of a password will be done by email. It is your responsibility to make sure that emails from us are not filtered or deleted by “spam filters” or other services provided by your email provider, or by software you use and we will not not liable for emails lost as a result of the operation of your email provider or software. If you believe this has happened, please contact us.
- Restrictions on use
3.1 The Site is for your personal and non-commercial use only. As a condition of your use of the Site, you agree:
3.1.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
3.1.2 not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
3.1.3 not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
3.1.4 not to use the Site to distribute viruses or malware or other similar harmful software code;
3.1.5 not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
3.1.6 that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
3.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
- Ownership and Use of Intellectual Property
4.1 This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us, by our licensors, or both. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
4.2 Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
4.3 Trade marks: Third-party trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
- Submitting information to the Site
5.1 The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to these terms, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
5.2 You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in these terms. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
- Accuracy of information and availability of the Site
6.1 While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.2 While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
- Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- Warranties and limitation of liability
8.1 You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.
8.3 We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
8.4 Under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Site (including the downloading or use of any Content) exceed to the extent permitted by law the amounts paid by you to us in relation to your use of the Site or its Content.
8.5 Notwithstanding any other provision of these terms and conditions, we do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
8.6 Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
8.7 We do not represent ourselves as professional financial advisors, financial planners, business advisors, tax planners, or any other kind of professional or expert in personal financial planning. The Site and its Content are not a substitute for your own judgment, nor for the judgment of your professional advisors, in your financial decisions. We intend the Site and its Content to be used for your information and convenience only, and not to be a substitute for your own planning, judgment, and discretion over your personal finances. We expressly do not undertake to act on your behalf in any of your financial decisions.
- Information, Contact and Privacy Policies
9.1 In addition to any information you submit to us, we or selected third parties may use a variety of methods and technologies to store or access information on your personal computer, laptop, table, mobile phone or other devices whenever you visit or interact with the Site. These methods and technologies may include cookies, flash cookies, HTML5 cookies, ETags or entity tags or other technologies as they are developed.
9.2 Through the Site we may collect, store, use and share information to provide our services to you, to process transactions, prevent fraud, to provide customer service to you, to answer your questions, to display advertisements, to improve on our products and services, and to monitor the Site, improve upon it, and maintain its functionality. We may transfer, share or disclose information to third parties who assist us in operating the Site, conducting our business and servicing you, or when it is appropriate to do so in order to comply with the law.
9.3 By using and accessing the Site and its Content, you consent to our collection, storage, use and sharing of your information through these methods and technologies. You have the right to object to the collection, storage, use and sharing of information. It is your responsibility to configure your own devices, web browsers, and other means of accessing the Site and Content to disable cookies or otherwise control the information you provide while you use the Site. Be aware that some information collection is necessary for the Site to work, and disabling or removing the technologies we need to collect, store, use and share your information may prevent you from accessing the Site or its Content, or make the Site less than fully functional when you use it. You agree that we are not liable for any damage, loss or other liability that arises from your attempts to limit, disable or remove the technologies we use to collect, store, use and share the information we need from you for the Site to function as written.
9.4 You authorize us to contact you by email, telephone or any other means, for any purpose, including to send you commercial electronic messages. Without restricting the generality of the foregoing, you authorize us, our agents or employees, or any of these, to send you commercial electronic messages to market to you, or to respond to your requests for information. We may infer that you have consented to us contacting you with commercial electronic messages if we have an existing business relationship with you, if you have had a business relationship with us in the last two years, if you have contacted us within the last six months, if you have provided your contact information to one of our agents, employees or owners, or if you have conspicuously published your contact information on social media without restricting our access to that information. If at any time you are contacted by us and you believe you should not have, please contact us immediately at email@example.com and we will remove your address from our marketing contact lists within 10 business days.
10.1 These terms are dated April 16, 2018. No changes to or exceptions from these terms proposed by you are valid or have any effect unless we have agreed to them in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
10.2 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at firstname.lastname@example.org. Notices from us to you will be displayed on the Site from time to time.
10.3 We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
10.4 If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
10.5 These terms and conditions, together with any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
10.6 You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
10.7 These terms and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Alberta. You agree that all disputes between you and us concerning the Site, its Content, and these terms shall be adjudicated in the courts of the Province of Alberta, and that these terms will constitute a complete defence against any legal proceedings commenced or carried on in any other court or forum.
10.8 The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English.