Terms and Conditions

TERMS AND CONDITIONS

Welcome to the EarthCo website, www.EarthCo.com.au (the “Website”). EarthCo Product Pty Ltd ABN 17 107 637 507 (“EarthCo”),  is the company that owns and operates this Website, having its registered office at: Unit 10, 2-10 Beauchamp Road, Banksmeadow, NSW 2019, Australia and its subsidiaries, related entities and assigns.

In these terms of use and conditions, the expressions “we”, “us” and “our” are references to EarthCo. By visiting, accessing, browsing or using this Website, You acknowledge that You have read, understood and agree to be bound by these Terms Of Use (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (EarthCo Product Pty Ltd) and You (the User). These terms and conditions apply to the use of our Website and to any products or services, which you purchase from us. If You do not agree to these Terms, You must not use or access this Website.

  •  USE OF THIS WEBSITE

    Your use of this Website is subject to the following terms and conditions:

    (a) Your use of this Website must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Website by You or through Your login and You shall be responsible for the consequences of any such communications to the Website.

    (b) You must not use the Website for any of the following purposes, which are expressly prohibited by EarthCo:

    • Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party.
    • Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive.
    • Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction.
    • Attempting to interfere in any way with the Website’s network security, or attempting to use the Website’s service to gain unauthorised access to any other computer system or network.

    (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security.

    (d) EarthCo reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Website.

    (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Website and to change, suspend or discontinue any aspect of this Website without liability to You or to any third party.

    (f) EarthCo may, at our sole discretion, impose rules for and limits on the use of this Website by You or any other member or restrict Your access to part, or all, of the Website without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms.

    (g) EarthCo may impose additional terms and conditions specific to any products, orders or aspects of Your use of this Website, including but not limited to, with respect to the ordering, shipment and return of goods purchased through this Website and to any membership reward programs (“Additional Terms”) offered from time to time by EarthCo. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.

  •  PRODUCTS AND INFORMATION

    Your use of this Website is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, EarthCo shall use its reasonable endeavours to ensure that any information on this Website is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Website. You acknowledge that any such information may contain errors or inaccuracies and EarthCo expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. EarthCo does not make any guarantee as to the availability or suitability of products on this Website. It is your responsibility to determine the suitability of a product or service for You and EarthCo expressly excludes all liability in relation to this. EarthCo reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this Website at any time and for any reason.

  •  MEMBERSHIP

    EarthCo sells a range of products (the “Product(s)”) from the Website to end-user customers who may purchase the Products on a once only basis or on monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable. You warrant that you are legally capable of entering into a binding contract, and are at least 18 years old to register for and use this Website, or if you are under 18 years of age but are at least 13 years old, that you are using the Website with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify and hold harmless EarthCo if your child breaches or disaffirms any term or condition of this Agreement. EarthCo may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.

  •  PROPRIETARY RIGHTS

    This Website contains materials that are owned by or licensed to EarthCo. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Website. You may not create a link to this Website from another Website or document without the prior written consent of EarthCo. EarthCo does not claim ownership of any content or materials You make available through the Website however You grant EarthCo a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to EarthCo the right to use such content or materials in the manner specified in this Clause.

  •  DISCLAIMER

    Your use of this Website, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Website are provided to You on an as is basis. EarthCo expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchantability and fitness for a particular purpose. EarthCo does not warrant that this Website and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Website may contain links to other third party websites. EarthCo does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those websites and We expressly exclude any liability which may arise from Your use of or access to those third party websites.

  •  INDEMNIFICATION

    You shall indemnify, defend and hold harmless EarthCo and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Website, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.

  •  LIMITATION OF LIABILITY

    Notwithstanding anything else in these Terms, EarthCo, its subsidiaries, assigns and third party providers shall not, under any circumstances be liable to You or any other User of this Website for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Website. EarthCo's total liability to You shall be limited to the amount paid by You to Us for the purchase of a product or for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Website. The Website may provide links to third party Websites that are not owned or controlled by EarthCo, including, without limitation, Facebook, Twitter, Pinterest and LinkedIn (“Third Party Websites”). We provide such links solely as a convenience to you. EarthCo does not review, approve, endorse, or make any representations about such Third Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Websites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Websites linked to the Website, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Websites. Your use of Third Party Websites is subject to the terms of use and privacy policies located on the linked to Third Party Websites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Websites’ password and account security policies and user-generated content posting and acceptable use policies.

    Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights.

  •  PRICING

    Pricing for Products, Services and Memberships (including any applicable shipping and handling fees) can be found on EarthCo then-current pricing pages located on the Website at: www.EarthCo.com.au. The price that we will charge you for the Products and Memberships will be the price as posted on the Website on the date you first sign-up for a Membership to the Website. EarthCo reserves the right to change prices for Products, Services and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases.

  •  PAYMENT METHODS

    EarthCo accepts credit card and PayPal payments only. You agree to pay all fees charged to your account based on the EarthCo fees, charges, and billing terms in effect as shown on the payment page you first sign-up for a Membership to the Website. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorise EarthCo or the third party payment processing service provider that we may engage to charge your credit card for any such taxes and fees. All payments shall be made by credit card or PayPal in advance prior to shipping the Products. If you do not pay on time or if your credit card or PayPal account cannot be charged for any reason, EarthCo reserves the right to either suspend or terminate your account and Membership and terminate these Terms. All sales and payments will be in Australian Dollars.

  •  MEMBERSHIP RENEWAL / CANCELLATION POLICY

    IMPORTANT NOTICE TO CONSUMER: It you elect to receive Products on a regular basis then EarthCo will automatically renew your Membership on the anniversary date of the Membership according to the frequency that you have selected and, as authorised by You during the Membership sign-up process, will charge your credit card or PayPal account with the applicable Membership fee and any shipping and handling costs and GST or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period varies according to Your selection. You may cancel or vary your Membership at any time by visiting the EarthCo Website and updating Your Membership Profile. Cancellation requests shall take effect the following renewal period. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term.

  •  APPLICABLE LAW

    As far as legally possible this Agreement, its terms and conditions and the use of this Website shall be governed by the laws in existence from time to time in Australia. Any claim relating to the Website, the Products or Services provided through the Website or the content shall be governed by the laws of the state of New South Wales and You agree to submit to having the matter dealt with in a court in Sydney in the state of New South Wales, Australia or another Australian jurisdiction.

Products that don’t cost the Earth

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