Terms & Conditions

Definitions

Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by J & M Brands Pty Ltd ACN 635 519 238 through the Website.

Intellectual Property means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

Services mean the online e-commerce platform provided by Ecostork to facilitate sales and purchases of products between you and Ecostork through the Website. This includes Services currently offered by Ecostork and any Services or products that Ecostork may choose to offer in the future.

Terms means these website terms and conditions:

Us, We, Our means J & M Brands Pty Ltd ACN 635 519 238 trading as Ecostork;

User means any person or entity who gains access to, views or browses the Website;

Website means https://www.ecostork.com.au

You means you, the use of the Website.


1. Terms

1.1 By accessing the Website you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws (‘Terms’). If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

1.2 You may not use the Website, or the material contained on it, for any purpose. This involves:

  • the reproduction of the material in any material form;
  • the distribution of the material in any material form;
  • re-transmission of the material by any medium of communication;
  • uploading or reposting the material to any other website on the Internet; and
  • “framing” the material on the Website with other material on any other website.

1.3 Despite the above restrictions referred to in clause 2.2 on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.

1.4 You may not modify or copy:

  • the layout of the Website; or
  • any computer software and code contained in the Website.

1.5 We reserve all intellectual property rights, including, but not limited to, copyright in Content or services provided by it. The Content provided on the Website is provided for personal use only and may not, without our prior written consent, be:

  • re-sold or re-distributed in any material form;
  • stored in any storage media; or re-transmitted in any media.

2. Use of Personal Information Gathered

2.1 We and any people or legal entities authorised by us may gather and process the personal information:

  • which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
  • regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.

2.2 We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full privacy policy in clause 3 for details of how we collect, store and use your personal information.


3. Accessing the Website

3.1 You acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Website may occur. We shall not be liable to any person or entity for loss or damage incurred by such downtimes.

3.2 All content and services provided on or through this Website are provided "as is" and "as available" for your use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of ;merchantability, fitness for a particular purpose or non-infringement. Your use of this Website is solely at your risk.

3.3 You are responsible for making any arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your account are aware of these Terms and that they comply with them.

3.4 We reserve the right to withdraw or amend the Services and Content we provide on the Website without notice. We may restrict access to some parts of or the entire Website or Services, from time to time.


4. Links to other websites

4.1 The Services or any Content may link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. These websites are not under our control and are not maintained by Ecostork. We are not responsible for the content of those sites. We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites.

You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

4.2 We make no representation about any other website you access through this one. Please understand other websites are independent from our Website so we do not accept responsibility for such websites.


5. Use License

5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.

We own and retain all proprietary rights to the Website, the Content provided through the Website, and all associated intellectual property rights.

5.2 You are permitted to use the Website only as authorised by us. You are granted a limited, non-exclusive, revocable, non-transferable right to use the Website to view, use, play, and download Content subject to these Terms.

5.3 You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Our intellectual property rights must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

5.4 If you wish to use our intellectual property, you should submit your request to us in writing to hello@ecostork.com.au or PO Box 510, Cleveland QLD 4163.

5.5 Any opinions, advice, statements, services, offers, or other information or content expressed or made available by users are those of the respective users and not of Ecostork.


6. Disclaimer

6.1 To the full extent permitted by law we disclaim any and all warranties, express or implied, regarding:

  • the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any linked Website; and
  • merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website or on any linked websites.

6.2 We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:

  • acting, or failing to act, on any information contained on or referred to on the Website or any of the linked websites; and
  • using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website or any linked website.

6.3 We do not warrant, guarantee or make any representation that:

  • the Website, or the server that makes the Website available on the Internet are free of software viruses;
  • the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
  • errors and defects in the Website will be corrected.

6.4 We are not liable to you for:

  • errors or omissions in the Website, or linked websites on the Internet;
  • delays to, interruptions of or cessation of the services provided in the Website, or linked websites; and
  • defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

6.5 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

6.6 We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the Content contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Services or that the operation of our Website will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Website or the Services.

6.7 Information on the Website may contain typographical errors, technical errors or other errors and may not be accurate, complete or current. While all efforts are made to ensure that the prices on this website are accurate, where an incorrect price for a product is shown, Ecostork reserves the right to withdraw a product from sale at that price or, where an order has been submitted or accepted, to cancel that order in accordance with the Terms and Conditions of Sale.

6.8 In relation to any material or information included on the Website, we may remove any material or information, including but not limited to links to other websites on the Internet, at any time without giving any explanation or justification for removing the material or information.


7. Limitation of Liability

7.1 We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:

  • in relation to or in connection with any material or information supplied in respect of advertising on this Website; and
  • as a consequence of removing any material or information from this Website.

7.2 To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:

1. If the breach of an implied warranty or condition relates to services:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again; and

2. If the breach of an implied warranty or condition relates to goods:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods; or
  • the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

8. Indemnity

8.1 You will at all times indemnify and keep indemnified us and our respective officers, employees and agents (Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:

  • Your access to any use of the Website, Services and Content;
  • any breach of these Terms of Use by you; and
  • publication of or distribution of the material or information supplied by you.

9. Governing Law

9.1 If any part of these Terms of Use is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

9.2 These Terms are governed by the laws of the State of Queensland and the Australian Arbitration laws regardless of your physical location.

9.3 These Terms of Use will be governed by and interpreted in accordance with the laws of Australia and the of laws of the State of Queensland of Australia, without giving effect to any principles of conflicts of laws.

9.4 You agree to the exclusive jurisdiction of the courts of Queensland to determine any dispute arising out of these Terms of Use.


10. Cookie Policy

10.1 General

10.1.1 We use cookies to help improve your experience of the Website. This cookie policy is part of Ecostork's privacy policy, and covers the use of cookies between your device and our Website.

10.1.2 If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from the Website, with the understanding that we may be unable to provide you with some of your desired content and services.

10.2 What is a Cookie?

10.2.1 A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the Website to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.

10.2.2 Cookies are used to enable certain features (e.g. logging in), to track website usage (e.g. analytics), to store your user settings (e.g. timezone, notification preferences), and to personalise your content (e.g. advertising, language).

10.2.3 Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular website. Cookies set by other websites and companies (i.e. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.

10.3 How you can control or opt out of Cookies?

10.3.1 If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie.

10.3.2 If you browse websites from multiple devices, you may need to update your settings on each individual device.

10.3.3 Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the website you visit.