OVERVIEW

This website is operated by Eco-ture Australia ('Ecoture'). Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to Eco-ture Australia. Ecoture offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing item(s) from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions (‘Terms of Service’, ‘Terms’), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions herein, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction, including, but not limited to, copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and may involve (1) transmission over various networks; and (2) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect this agreement.

ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is inaccurate, complete or current. the material on this site is provided for general information only, and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, by definition, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE & PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part of the content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our site. These products or services may have limited quantities and are subject to return or exchange according only to our Returns Policy.

We have made every effort to display as accurately as possible the colours and images of the products displayed in our store. We cannot guarantee that your computer’s monitor display of any colour will be accurate.

We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, or product pricing, are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information or other material purchased or obtained by you from our site will meet your expectations, or that any errors in the Service will be corrected.

PRE-ORDER TERMS & CONDITIONS

Pre-order items are items that are not in stock and that will be made to order by the relevant supplier. The following conditions apply to all pre-ordered goods:

1. A deposit is required at the time of placing an order. The relevant deposit amount will be displayed on the pre-order item.

2. An invoice for the balance owing will be issued to your approximately 7 days before the item is ready for dispatch. The outstanding amount must be paid in full prior to the order being sent out from our warehouse.

3. Should the balance not be paid within 7 days of the invoice date, we will treat the order as cancelled and the deposit will be forfeited.

4. The timeframe for fulfillment for a pre-order will vary, depending on the specific item ordered. We will provide you a 'best estimate' at the time of placing your order and will update you should there be any changes. Delivery timeframes may be impacted by manufacturing delays, Customs, etc.

5. A refund of the deposit amount for change of mind may be requested within 7 days of placing your order. Any cancellations outside this timeframe will be treated as a cancellation and will result in the deposit amount being forfeited.

6. You may choose to use Afterpay for the deposit and/or balance of a pre-order item. These will be two separate transactions. Afterpay limits apply.

ACCURACY OF BILLING & ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card number(s) and expiration date(s), so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input and which we do not monitor.

You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our site may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites, and we do not warrant, and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products or services of third parties.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, competition entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us.

We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these Terms of Service.

You agree that any Comments you make will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy.

ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any redirected website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its contents: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, insult, abuse, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (6) to submit false or misleading information; (7) to upload or transmit viruses or any other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pretext, spider, crawl or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or of any related website(s) for violating any of these prohibited uses.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the user of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ecoture, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the Service or any content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ecoture and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version(s) of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New South Wales.

CHANGES TO TERMS OF SERVICE

You can review the most current version of our Terms of Service at any time via this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our site periodically for changes. Your continued use of or access to the site or the Services following the posting of any change(s) to these Terms of Service constitutes acceptance of those change(s).

CLEARANCE & SALE ITEMS

Items marked as Clearance are final sale. Please select carefully, as a refund will only be given for a Clearance item that is faulty or damaged.

Sale items (other than Clearance) are able to be returned for exchange (where possible) or store credit, in line with our Returns Policy.

SUBSCRIBE FOR A CHANCE TO WIN

Every new account will enter our monthly draw to win an AUD$100 Ecoture Gift Card.

Entry is not open to existing Ecoture account holders or newsletter subscribers. A valid email address is required to sign up, and only one entry per email address is permitted. We reserve the right to invalidate all entries that do not comply with these rules.

The winner will be drawn randomly from the pool of eligible subscribers on the 1st day of each month (commencing 1 August 2018).

Winners will be notified by email within 5 days of each draw.

Gift Cards are valid for 12 months from the date of issue and can be used towards one or more purchases (up to the total value of AUD$100) over that period. They cannot be exchanged for cash or any alternative form of credit.

Any questions concerning this promotion and its applicable terms and conditions should be addressed to us at info@ecoture.com.au.

CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us.