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Terms & Conditions

Introduction

This Website (referred to in these Terms of Use as “the Website”) is owned and operated by EcoCare Australia. Access is conditional upon your acceptance without alteration of the terms and conditions set out below. By continuing to access the Website, you are agreeing to be bound by the terms and conditions set out below and the Privacy Policy as displayed on the Website. If you do not agree with the Terms of Use or the Privacy Policy, you should exit this Website immediately and should not register as a member.

Agreement

This agreement constitutes a contract between you and Insight Environmental Pty Ltd (ACN 080 561 842) further referred to as “EcoCare Australia” regarding the use of the Website.

The term “EcoCare Australia” includes EcoCare Australia, its proprietors (from time to time), assignees and successors.

Use of the Website

Your right to use the Website is subject to the Terms of Use and EcoCare Australia may vary or modify the Terms of Use from time to time in its sole and absolute discretion. If you do not agree to the modifications made to the Terms of Use from time to time, you should immediately cease using the Website; otherwise your continued use of the Website will be evidence of your acceptance of the modified Terms of Use.

Persons under the age of eighteen (18) years require the consent of their parents or legal guardian/s before using the Website.

You agree not to use the Website for any unlawful purpose.

You agree not to use the Website to load up any virus, trojan horses or do anything that is likely to harm the Website, or to cause harm to EcoCare Australia’s systems or to the system of any person who accesses the Website.

EcoCare Australia reserves its right to discontinue, temporarily or permanently, the Website and/or any of the facilities available via the Website without notice to you.

EcoCare Australia reserves its right to restrict access to the Website or certain parts of the Website at any time without notice to you. EcoCare Australia acknowledges that you may cease using the Website at any time.

EcoCare Australia is not liable to you or any third party by way of Contract or Tort for:

  • Any suspension or termination of the Website and/or any of the facilities available via the Website.
  • Restriction of your access to the Website and/or any of the facilities available via the Website.

You have read and agree with the following information supplied on the web site.

  • Delivery info
  • Returns info
  • Privacy policy

Membership

You agree to provide accurate and current information about yourself (termed “Registration Data”) when completing the member registration form.

You agree to update your Registration Data in the event that your Registration Data changes or becomes out-of-date.

EcoCare Australia may impose or alter, without notice to you, any conditions for becoming a member and EcoCare Australia reserves its rights to alter or vary the benefits and privileges accruing to members.

Once EcoCare Australia approves you as a member, EcoCare Australia agrees to issue you with a password and it is your responsibility to maintain the confidentiality of the password. EcoCare Australia is not liable for any loss or damage arising from the unauthorised use of a password

EcoCare Australia has the right to refuse, terminate or suspend your membership, password or use of the Website in its absolute and sole discretion.

EcoCare Australia may terminate or suspend your membership, password or use of the Website if EcoCare Australia suspects that the Registration Data provided by you is outdated, false, offensive, inaccurate or impersonates someone else.

EcoCare Australia is not liable to you or any third party for any loss or damage or claim arising from your membership being terminated or suspended.

You agree to EcoCare Australia sending you electronic mail (e-mail) from time to time to inform you of changes to the Website and to inform you of promotions and advertisements.

Facilities Available via the Website

The Website provides persons with the opportunity to engage in a discussion forum and other interactive communication. EcoCare Australia requires that persons use the Website and its facilities, including but not limited to the discussion forum, in a responsible manner.

EcoCare Australia does not pre-screen the content posted, transmitted or submitted via the Website by persons other than EcoCare Australia. You acknowledge that you may be exposed to content which is offensive to you.

You are not to post, transmit or submit content via the Website which is offensive, rude, distasteful, malicious, abusive, defamatory, libelous, slanderous, harassing, racially or sexually offensive, or which infringes the privacy rights of another or which is promotional in nature or which EcoCare Australia determines, in its sole and absolute discretion, to be unacceptable.

EcoCare Australia reserves its right to refuse, remove, edit or modify any content posted, transmitted or submitted via the Website.

SMS Services

EcoCare Australia may agree to make available a SMS Service to persons that are members of the EcoCare Australia Website (“the SMS Service”).

You agree that EcoCare Australia may terminate or suspend the SMS Service at any time in its sole discretion.

EcoCare Australia reserves its right to refuse to provide the SMS Service to any member in its sole and absolute discretion.

By sending a SMS to initiate the SMS Service, you will incur a cost from your mobile phone carrier and you agree to be responsible for this cost.

EcoCare Australia acknowledges that you may unsubscribe from the SMS Service at any time.

We do not guarantee that the SMS Service is compatible with all networks. We are not responsible for the non-compatibility of certain mobile phones with the SMS Service.

Disclaimer

You acknowledge that the use of the Website is at your sole risk. EcoCare Australia gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the information contained on the Website. Any reliance upon any information contained on the Website is at your sole risk.

EcoCare Australia is not liable for any loss or damage or claims as a result of you or a third person acting on the material appearing on the Website.

EcoCare Australia makes no warranty that the Website will be secure or error-free or virus-free and any material downloaded through the use of the Website is done at your own risk and you will be solely responsible for any damage to your computer system or for any loss of data.

Your Warranties

You represent and warrant in relation to any material that you post, transmit or submit via the Website that:

  • You are authorised to provide the material
  • The material does not infringe or interfere with the rights of any person, including the privacy of any person
  • The material is original and does not infringe any intellectual property right including, but not limited to, trade marks, confidential information and copyright
  • The material is not defamatory or obscene or does not constitute a “passing off” of any material
  • The material does not infringe any legislation or regulations of the Commonwealth of Australia and the State of Western Australia

You agree not to post, submit or transmit via the Website any persons’ name, contact details and other personal information unless you have first sought and obtained the written permission of that person to do so.

By posting, submitting or transmitting material via the Website, you agree to grant EcoCare Australia a perpetual, non-exclusive and payment-free licence to reproduce, use and exploit the intellectual property, as part of the Website or other promotional material.

Privacy

You agree with our privacy policy as outlined on our Website.

You agree to and acknowledge the following matters:

  • That EcoCare Australia cannot ensure the security or privacy of information you post, transmit or submit through the Website and you release EcoCare Australia from any liability in connection with the use of information by other parties.
  • That any information posted, transmitted or submitted through the Website by you (including your personal information) may be shared with EcoCare Australia’s promotional partners and you release EcoCare Australia from any liability in connection with the use of information by EcoCare Australia’s promotional partners.
  • That EcoCare Australia cannot control the use by others of any information that you post, transmit or submit via the Website and EcoCare Australia recommends that you exercise caution when selecting the information that you submit.

Indemnity

You agree to indemnity EcoCare Australia and its proprietors, officers, directors, employees and agents against any loss, damage or claims where such loss or liability arose out of or in connection with a breach of this Agreement by you, or the publication or distribution of material or information supplied to the Website by you, or any complaints or charges made by other parties against you.

Links

The Website contains links to sites operated by third parties. EcoCare Australia has no control over these third-party sites and the existence of those links is not to be construed as an endorsement of the third-party sites by EcoCare Australia.

EcoCare Australia is not responsible for the content or material contained on the linked sites.  Access and use of sites accessible by links and use of goods and/or services provided by sites accessible by links is solely at your own risk.

Copyright

© EcoCare Australia (ABN 65 080 561 842)

The information contained on the Website is protected in Australia by copyright under the Copyright Act 1968 (Cth) and in other countries through international treaties.  You may access the Website and download electronic copy of the information or print out hard copy of the information provided:

  • The information is for personal use only;
  • The information is not amended, altered or modified in any form whatsoever;
  • The information in not reproduced, adapted or transmitted in any form by any process without the prior written consent on Ecocare Australia; and
  • The printed record includes the notice “© Copyright Ecocare Australia (ABN 65 080 561 842)

Intellectual Property Rights

The information and material appearing on the Website is to be used for your sole personal use only.

EcoCare Australia reserves all intellectual property rights in the Website and any necessary software used in connection with the Website. Except as authorised by EcoCare Australia you agree not to:

  • Distribute the Website, in whole or part, in any form
  • Store the Website, in whole or part, in any storage media
  • Re-transmit the Website, in whole or part, in any media
  • Create derivative works based on the Website, in whole or part
  • Upload the material to any other site on the World Wide Web.

The EcoCare logo may not be used without the prior specific, written permission of EcoCare Australia.

You acknowledge that the Website may contain advertisements and material from EcoCare Australia’s promotional partners and that such material is protected by copyright, trademarks and other intellectual property law.

Jurisdiction

This agreement is entered into in Western Australia. This agreement is governed by and interpreted in accordance with the laws of the Western Australia.

If any part of this agreement is held unenforceable or invalid, that part of the agreement will be deemed to be severed and the remaining provisions will continue in operation.