BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.
Terms and Conditions
Using our website or services constitutes acceptance of the EshalSoft Terms and Conditions.
EshalSoft reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, EshalSoft will notify you by posting an announcement on the site. What constitutes a material change will be determined at EshalSoft’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content shall constitute your acceptance of the Terms as modified.
In addition, when using particular features of EshalSoft’s services or products, you shall be subject to any posted guidelines or rules applicable to such services or products.
Your access to and use of the Site and our products or services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of EshalSoft.
EshalSoft reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or any Product at any time at its sole discretion and without prior notice. EshalSoft may also impose limits on certain features and Services or Products or restrict your access to parts of or all of the Site and the Services or Products without notice or liability.
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Eshalsoft and EshalSoft’s Services or Products belong to EshalSoft. EshalSoft reserves all of its rights in EshalSoft’s website or its services and/or products. Nothing in the Terms grants you a right or license to use any trade mark, design right or copyright owned or controlled by the EshalSoft or any other third party except as expressly provided in the Terms.
Suspension or Termination of Services or Products
If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.
EshalSoft may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. EshalSoft may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after EshalSoft has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 15 days past the due date.
Additionally, EshalSoft may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. EshalSoft may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice. However, there may be time sensitive situations where EshalSoft may decide that we need to take immediate action without notice. EshalSoft will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. EshalSoft has no obligation to retain your Content upon termination of the applicable Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF ESHALSOFT’s SERVICE OR PRODUCT IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
ALL PRODUCTS AND SERVICES FROM ESHALSOFT COME WITH A 1-MONTH SUPPORT PERIOD IN WHICH FAULTS IN A PRODUCT OR SERVICE ARE RECTIFIED TO THE BEST OF ESHALSOFT’s ABILITY. NO SUPPORT WILL BE PROVIDED AFTER 1-MONTH UNLESS A SEPARATE SUPPORT CONTRACT IS IN PLACE.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ESHALSOFT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ESHALSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall EshalSoft’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export any Product or Service from EshalSoft. You also agree that you will not use these products for any purposes prohibited by Australian law.
Given an electronic licencing product that cannot be returned, we do not by default offer a refund on the product. If you find the product is not meeting up to your requirements our development team will be able to assist you in making modifications to the software to tailor it to your needs.