Ecomove

Terms of Use

Last Updated: January 2024

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "user") and Ecomove ("we," "us," "our," or "Company") governing your access to and use of the website located at ecomove.world (the "Website") and any related services, features, content, or applications offered by us (collectively, the "Services").

By accessing or using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Website or Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website and updating the "Last Updated" date. Your continued use of the Website after such changes constitutes your acceptance of the modified Terms.

2. Eligibility

By using our Website and Services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into binding contracts
  • You are not prohibited from using our Services under any applicable laws
  • All information you provide to us is accurate, current, and complete
  • You will maintain the accuracy of such information

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, particularly if we believe you have violated these Terms or engaged in fraudulent or illegal activity.

3. Company Information

This Website is owned and operated by:

Ecomove
4802/1 Macquarie Place
Sydney NSW 2000
Australia
Phone: +61 2 9256 2222
Email: reply@ecomove.world

4. Products and Services

4.1 Product Information

We offer dietary supplements designed to support cardiovascular health, digestive wellness, and overall vitality. All product descriptions, images, specifications, and pricing information on our Website are subject to change without notice.

We make every effort to ensure that product information is accurate and complete. However, we do not warrant that product descriptions, images, pricing, or other content on the Website is accurate, complete, reliable, current, or error-free.

4.2 Not Medical Advice

The information provided on our Website is for informational purposes only and is not intended as medical advice, diagnosis, or treatment. Our products are dietary supplements and are not intended to diagnose, treat, cure, or prevent any disease.

You should always consult with a qualified healthcare professional before starting any new supplement regimen, especially if you:

  • Have existing health conditions
  • Are taking prescription medications
  • Are pregnant or nursing
  • Are under 18 years of age
  • Have allergies or sensitivities

Individual results may vary. The effectiveness of our products depends on various factors including individual body characteristics, lifestyle, diet, and other circumstances.

4.3 Product Availability

All products are subject to availability. We reserve the right to discontinue any product at any time without notice. In the event a product is unavailable after you have placed an order, we will notify you and provide a full refund or offer a suitable alternative.

5. Orders and Payments

5.1 Order Acceptance

Your order constitutes an offer to purchase our products. We reserve the right to accept or reject any order for any reason, including but not limited to:

  • Product availability
  • Errors in product or pricing information
  • Suspected fraudulent activity
  • Inability to verify payment information
  • Shipping restrictions

We will send you an order confirmation email after you place an order. This confirmation does not constitute acceptance of your order. We reserve the right to cancel any order after confirmation has been sent.

5.2 Pricing

All prices are displayed in Australian Dollars (AUD) and include applicable taxes unless otherwise stated. We reserve the right to change prices at any time without notice. Price changes will not affect orders that have already been confirmed.

If a product is listed at an incorrect price due to an error, we reserve the right to cancel the order and notify you. You will have the option to reorder at the correct price or receive a full refund.

5.3 Payment

Payment must be made at the time of order placement. We accept various payment methods as indicated on our Website. By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method
  • The payment information is accurate and current
  • You will pay all charges incurred

We use third-party payment processors to handle transactions securely. Your payment information is processed in accordance with industry standards and our Privacy Policy.

5.4 Taxes and Fees

You are responsible for paying all applicable taxes, duties, and fees associated with your purchase. These may include sales tax, goods and services tax (GST), customs duties, and import fees, depending on your location.

6. Shipping and Delivery

6.1 Shipping Policy

We ship to addresses within Australia. Shipping costs and estimated delivery times are provided at checkout and may vary based on your location and selected shipping method.

We make every effort to process and ship orders promptly, typically within 1-3 business days. However, we do not guarantee delivery times, as they depend on factors beyond our control, including carrier delays and weather conditions.

6.2 Risk of Loss

Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not responsible for lost, stolen, or damaged packages once they have been delivered to the carrier.

6.3 Delivery Issues

If you do not receive your order within the estimated delivery time, please contact us immediately. We will work with the shipping carrier to locate your package and resolve the issue.

You are responsible for providing an accurate shipping address. We are not responsible for orders shipped to incorrect addresses provided by you.

7. Returns and Refunds

Our return and refund policy is detailed in our separate Return Policy document. Please review the Return Policy for complete information about returns, refunds, and exchanges.

In general, we accept returns of unopened products within a specified timeframe. Opened products may be subject to different return conditions. All returns are subject to inspection and approval.

8. User Accounts

8.1 Account Creation

You may be required to create an account to access certain features of our Services. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

8.2 Account Security

You agree to:

  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Not share your account with others
  • Not use another person's account without permission
  • Log out of your account at the end of each session

We are not liable for any loss or damage arising from your failure to maintain account security.

8.3 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may also request account deletion by contacting us. Upon termination, your right to use the Services will immediately cease.

9. Intellectual Property Rights

9.1 Our Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, images, videos, audio clips, software, and compilation of content (collectively, "Content"), is the property of Ecomove or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

Our trademarks, service marks, and logos (collectively, "Marks") may not be used without our prior written consent. All other trademarks appearing on our Website are the property of their respective owners.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for personal, non-commercial purposes, subject to these Terms. This license does not include:

  • Any resale or commercial use of the Website or Content
  • Collection or use of product listings or descriptions
  • Making derivative works of the Website or Content
  • Downloading or copying account information for the benefit of another party
  • Using data mining, robots, or similar data gathering tools

9.3 Restrictions

You may not:

  • Reproduce, distribute, modify, or create derivative works of our Content
  • Reverse engineer, decompile, or disassemble any software on our Website
  • Remove or alter any copyright, trademark, or other proprietary notices
  • Frame or mirror any part of our Website without our written permission
  • Use any automated system to access the Website in a manner that sends more requests than a human can reasonably produce

10. User Conduct

You agree not to use our Website or Services to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Impersonate any person or entity
  • Interfere with or disrupt the Website or servers
  • Attempt to gain unauthorized access to any part of the Website
  • Upload viruses, malware, or other malicious code
  • Collect or harvest personal information about other users
  • Engage in any fraudulent activity
  • Spam or send unsolicited communications

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including removing content, suspending or terminating accounts, and reporting to law enforcement authorities.

11. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We provide these links for your convenience only.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damage or loss caused by your use of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

12. Disclaimers and Limitations of Liability

12.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of MERCHANTABILITY
  • Fitness FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

  • THE WEBSITE WILL MEET YOUR REQUIREMENTS
  • THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
  • ANY DEFECTS OR ERRORS WILL BE CORRECTED
  • THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECOMOVE, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • LOSS OF PROFITS
  • LOSS OF DATA
  • LOSS OF USE
  • LOSS OF GOODWILL
  • BUSINESS INTERRUPTION

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100), WHICHEVER IS GREATER.

12.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law or other applicable laws imply a condition, warranty, or guarantee into these Terms, our liability for breach of such condition, warranty, or guarantee is limited to, at our option:

  • In the case of goods: replacement, repair, or payment of the cost of replacement or repair
  • In the case of services: re-supply or payment of the cost of re-supply

13. Indemnification

You agree to indemnify, defend, and hold harmless Ecomove, its directors, officers, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Website or Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations
  • Any content you submit or transmit through the Website

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

14.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

14.3 Dispute Resolution

Before filing any formal legal action, you agree to first contact us and attempt to resolve any dispute informally. We will make reasonable efforts to resolve disputes amicably.

If we cannot resolve a dispute within 30 days, either party may pursue formal legal action. You agree to pursue any claims on an individual basis and not as part of any class or representative action.

15. Privacy

Your use of our Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

By using our Website, you consent to the collection and use of your information as described in our Privacy Policy.

16. Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of our Website or Services at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of the Website without notice or liability.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Ecomove.

19. Entire Agreement

These Terms, together with our Privacy Policy, Cookies Policy, and Return Policy, constitute the entire agreement between you and Ecomove regarding your use of the Website and Services, and supersede all prior agreements and understandings, whether written or oral.

20. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder at any time without restriction and without notice to you.

21. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

22. Contact Information

If you have any questions, concerns, or comments about these Terms, please contact us:

Ecomove
Email: reply@ecomove.world
Phone: +61 2 9256 2222
Address: 4802/1 Macquarie Place, Sydney NSW 2000, Australia

We will respond to your inquiry as promptly as possible, typically within 5 business days.

23. Survival

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution provisions.