EcoCaddy Terms Of Use

 

1. ABOUT THIS POLICY


1.1. By using this site, you agree and accept our Terms Of Use. This is a binding agreement between EcoCaddy ACN 28 864 970 579 (which we'll refer to in this document as 'EcoCaddy', 'we', 'us', or 'our') and any person ('you' or 'your') who registers an EcoCaddy Account. If you do not agree with our Terms Of Use, you may not use this site.

 

2. DEFINITIONS


The following definitions apply in these Terms Of Use:

Customer” means a customer of EcoCaddy who is a user of the Website and a subscriber of the Services.

EcoCaddy Account” means an account registered by a Customer on the Website

Service” means each of the services or products offered by us from time to time, in connection with your EcoCaddy Account.

Website” means the EcoCaddy website at https://www.eco-caddy.com (and related pages) and any other webpages relating to the EcoCaddy Account or at which EcoCaddy provides a Service.

 

3. YOUR ACCOUNT


3.1. You are solely responsible for maintaining the confidentiality of your username and password.

3.2. You are solely responsible for all activities that occur through the use of your EcoCaddy Account by you or any person acting on your behalf. This includes any transactions that are processed or conducted through your EcoCaddy Account.

3.3. You must keep secure, and must not share, any login details for your EcoCaddy Account. If you become aware of any unauthorised access or use of your EcoCaddy Account, you must let us know immediately.

3.4. If your negligent acts or omissions result in unauthorised access to your EcoCaddy Account, you are solely responsible for all transactions conducted through your account during the unauthorised access.

3.5. We may refuse to open an EcoCaddy Account or sell a Service to any person at any time in its sole discretion.

3.6. We retain the right to terminate your EcoCaddy Account at our discretion, for any reason.

 

4. PAYMENT & FEES


4.1. Payment is due at the time an order is placed. For a standing order, payment will be debited from your chosen payment method the day before delivery is made. If no payment is made, or payment is declined, then your order may be cancelled.

4.2. Fees and charges may be varied at any time at EcoCaddy’s discretion by giving you reasonable notice of the change via email and/or the Website.

 

5. LIMITATION OF LIABILITY


5 .1. You indemnify us (and all of our subsidiaries, officers, employees, contractors and agents) against all loss, actions, proceedings, costs and expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) your access or use of the Website, EcoCaddy Account or any of the Services; and
(b) any breach by you of these Terms Of Use.

5.2. To the maximum extent permitted by law (including the Competition and Consumer Act 2010 (Cth)), we shall not be liable to you or to any other person (whether in contract, tort or otherwise) for any loss or damage suffered, or that may be suffered, as a result of any act or omission, whether negligent or otherwise, by or on behalf of EcoCaddy in relation to your EcoCaddy Account and the use or performance of any Services, or any other matter or thing relating to this agreement, except to the extent that such loss or damage is incurred as a direct result of our fraud or wilful misconduct. 

 

6. MODIFICATIONS OF TERMS OF USE


6.1. EcoCaddy may, at any time, modify this agreement or any of the Terms Of Use. Any modified agreement will be available online and will be effective immediately upon posting to the website.

6.2. You agree to assume responsibility for periodically reviewing this agreement. By continuing to use our service, you agree to be bound by the agreement as so amended.

 

7. PRIVACY


7.1. Our Privacy Policy forms part of the Terms Of Use. You acknowledge and agree to our Privacy Policy.

 

8. INTELLECTUAL PROPERTY RIGHTS


8.1. Copyright in this website (including text, graphics, logos, sound recordings and software) is owned or licensed by us. You may not in any form or by any means:

  • Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
  • Commercialise any information, products or services obtained from any part of this web site without our written permission.

8.2. Our website contains registered trademarks and other trademarks including, but not limited to images, illustrations, audio clips, and video clips which are protected by law. Material on our website is solely for personal, non-commercial use. This material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent EcoCaddy. Use of the materials on any other website or computer environment, or use of the materials for any purpose other than personal, non-commercial use is prohibited.

 

9. LINKS TO OTHER SITES


9.1. Our website may provide links to other websites. EcoCaddy is not in any way responsible for the contents or privacy policies of any other sites, nor do we state that we agree with the views/opinions/business practises in these linked websites. We do not warrant the security of any information supplied to EcoCaddy through its website.

 

10. DISCLAIMER


10.1. We have made every effort to ensure the information on our website is correct. While we apologise if any errors have been made, we do not guarantee the accuracy of the information on these pages and all users do so at their own risk.

10.2. These Terms Of Use are governed by and interpreted in accordance with the laws of the State of South Australia, Australia, and both of us submit to the jurisdiction of the courts of that State.