| Ecologic International 'Site Terms: WHAT YOU AGREE TO WHEN USING THIS SITE'
Welcome to Ecologic
International website (the
"Site")! These terms of use ("Site Terms") impose conditions on your
access to this Site, and any use you make of it, so please read them
carefully. They do not alter in any way the terms or conditions of any
other agreement you may have with Ecologic International or its
subsidiaries or affiliates for other products or services.
In an
effort to make on-line information about Ecologic International and business transactions
with us efficient, Ecologic International uses www.ecologicintl.com.au as an entry into many
networked web pages operated by Ecologic International and its subsidiaries
and affiliates. Except as supplemented or superseded as described
herein, these general terms of use for www.ecologicintl.com.au apply to the entire
Ecologic International Site and control your use thereof.
Ecologic International reserves the right to change or modify any of the
terms and conditions contained in the Site Terms or any policy or
guideline of the Site, at any time and in its sole discretion. Any changes
or modification will be effective upon posting of the revisions and notice
of such changes to the Site. Your continued use of this Site following the
posting of its changes or modifications will constitute your acceptance of
such changes or modifications. Therefore, you should frequently review the
Site Terms and applicable policies from time-to-time to understand the
terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND
GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE
FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT
MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions and or comments about this Site and or its
contents are most welcomed - Please see our contact page.
Incorporated Policies or Terms
Privacy Policy: Ecologic International believes strongly in protecting individual user privacy
and providing you notice of Ecologic International's collection-and-use data, including
personally identifying information, collected from the Site. Therefore,
Ecologic International has adopted a Privacy Policy that you should review in order to
fully understand how Ecologic International collects and uses information.
Terms &
Conditions: Orders and or requests with the Ecologic International Site
for
products and or services for purchase are subject to Terms & Conditions required
as a condition to completion of the transaction. These
Terms & Conditions may
be posted on the Ecologic International Site or set forth in a separate agreement with
you. Your subsequent transactions will be governed by such Terms & Conditions, therefore
you should review them carefully.
Site License and Access
Ecologic International grants you a limited licence to make personal use
only of the Site. Such grant does not include, without limitation: (a) any
resale or commercial use of the Site or content therein; (b) the
collection and use of any product listings or descriptions; (c) making
derivative uses of the Site and its contents; or (d) use of any data
mining, robots, or similar data gathering and extraction methods. Except
as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or
proprietary right of Ecologic International or any third party.
You may not use, frame or utilize framing techniques to
enclose any Ecologic International trademark, logo or other proprietary information
(including the images found at this Site, the content of any text or the
layout/design of any page or form contained on a page) without Ecologic
International's
express written consent. Further, you may not use any meta tags, HTML,
JavaScript and so forth (beyond that of which due proprietary recognition
has been acknowledged) or any
other "hidden text" utilizing a Ecologic International name, trademark, or product name
without Ecologic International's express written consent.
Any unauthorized use of this Site will terminate the
permission or license granted by these Site Terms and may violate
applicable law including copyright laws, trademark laws (including trade
dress), and communications regulations and statutes. All violators will be
prosecuted to the fullest extent of the law.
Copyright
All copyrighted and copyrightable materials on this Site,
including, without limitation, the design, text, graphics, pictures, sound
files HTML, JavaScript and so forth (beyond that of which due proprietary
recognition has been acknowledged) and other files and the selection and arrangement ("Materials")
thereof are copyrighted, ALL RIGHTS RESERVED, by Ecologic International,
Ecologic International Management
and/or third-party licensors. Except as stated herein, none of the
Materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted, utilised in any static or generated 'on-the-fly'
WebPages or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of Ecologic International or the
respective copyright owner. Permission is granted to display, copy,
distribute and download the Materials on this Site for personal,
non-commercial, and informational use only; provided that, you may not,
without the permission of Ecologic International or the respective
copyright owner, (a) copy, publish, or post any Materials on any computer
network or broadcast or publications media, (b) modify the Materials, and (c)
remove or alter any copyright and other proprietary notices contained in the
Materials. Before you download or otherwise copy any photographs or images from
the Site, you must agree to the
terms and conditions contained herein. Any request for grant of a commercial license to
Ecologic International's
copyrighted materials is subject to prior approval and should be
addressed to Ecologic International at: info@ecologicintl.com.au.
Copyright Complaints
Ecologic International respects the intellectual property of others. If you
believe that your work has been copied and has been posted to this Site in
a way that constitutes copyright infringement, please provide Ecologic
International the following written information:
-
An electronic or physical signature of the person authorised to act
on behalf of the owner of the copyright interest;
-
A description of the copyrighted work that you claim has been
infringed upon;
-
A description of where the material that you claim is infringing is
located on the Site;
-
Your address, telephone number, and e-mail address;
-
A statement by you that you have a good-faith belief that the
disputed use is not authorised by the copyright owner, its agent, or the
law;
-
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorised to act on the copyright owner's behalf.
Ecologic International's Copyright Agent for notice of claims of copyright infringement
on this Site is Damian Parkinson, who can be reached at our contact page.
Trademarks and Service Marks
Ecologic International logos and product markings, and the
products and services described in this Site (except those belonging to
Ecologic International suppliers or licensors), are among the trademarks, service marks or
registered trademarks owned by Ecologic International, and may not be copied, imitated or
used, in whole or in part, without the prior written permission of
Ecologic International.
In addition, all page headers, custom graphics, button icons, and scripts
are service marks, trademarks, and/or trade dress owned by Ecologic
International and may
not be copied, imitated, or used, in whole or in part, without the prior
written permission of Ecologic International. All other trademarks, registered trademarks,
product names and company names or logos mentioned herein are the property
of their respective owners, and may not be copied, imitated or used, in
whole or in part without the prior written permission of such respective
owners. Any request for grant of a license to use Ecologic International marks is subject
to prior approval, and should be addressed to the Ecologic International at: info@ecologicintl.com.au.
Third-Party Content
This Site may, from time to time, include discussion forums,
and
interactive areas, including bulletin board services ("BBS"). Any forums
and interactive areas of the Site shall be used only for non-commercial
purposes. By using the forums or interactive areas, you agree not to do
any of the following:
-
Upload to, distribute or otherwise publish through this Site any
message, data, information, text or other material ("Content") that is
unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable;
-
Upload or transmit any Content that would constitute or encourage a
criminal offence, violate the rights of any party, or that would
otherwise create liability or violate any local, state, national, or
international law;
-
Upload or transmit any Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary
right of any party. By posting any Content, you represent and warrant
that you have the lawful right to distribute and reproduce such Content;
-
Impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity; and
-
Without Ecologic
International's written permission, distribute or publish
unsolicited promotions, advertising or solicitations for funds, goods or
services, including junk mail and spam.
Ecologic International takes no responsibility and assumes no liability for any Content
posted or uploaded by you or any third party, or for any mistakes,
defamation, slander, libel, omissions, falsehoods, obscenity, pornography
or profanity you may encounter. As a provider of interactive services, if
any, Ecologic International is only a forum and is not liable for any statements,
representations, or Content provided by its users.
Enforcement. Ecologic International has the right, but not the obligation, to
monitor any activity and Content associated with its forums and
interactive areas. Ecologic International may investigate any reported violation of its
policies or complaints and take any appropriate action that it deems
appropriate. Such action may include, but is not limited to, issuing
warnings, suspension or termination of service, and/or removal of posted
Content. Ecologic International reserves the right and has absolute discretion, to remove,
screen or edit any Content that violates these provisions or is otherwise
objectionable. In order to cooperate with legitimate governmental
requests, subpoenas or court orders, to protect Ecologic International's systems and
customers, or to ensure the integrity and operation of Ecologic
International's business
and systems, Ecologic International may access and disclose any information it considers
necessary or appropriate, including, without limitation, user profile
information (i.e. name, e-mail address, etc.), IP addressing and traffic
information, usage history, and posted Content. Ecologic International's right
to disclose any such information shall govern over any terms of Ecologic
International's Privacy Policy.
Responsibility for Your Conduct. You shall remain solely liable
for the Content of any messages or other information you upload or
transmit to this Site, including the discussion forums or interactive
areas of the Site. You agree to indemnify and hold harmless Ecologic
International from
any claim, action, demand, loss, or damages (including Solicitors,
Barristers or other legal representatives' fees)
made or incurred by any third party arising out of or relating to your
conduct, your violation of these Site Terms, or your violation of any
rights of a third party.
Linking
Links to the Site. You are granted a limited, non-exclusive
right to create a hyperlink to this Site provided such link does not
portray Ecologic International or any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. You may not use a Ecologic
International logo
or other proprietary graphic or trademark of Ecologic International to link to this Site
without the express written permission of Ecologic International. This limited right may
be revoked at any time.
Third-Party Links. Ecologic International makes no claim or representation
regarding, and accepts no responsibility for, the quality, content, nature
or reliability of third-party sites accessible by hyperlink from this
Site, or third-party sites linking to this Site. The third-party linked
sites are not under the control of Ecologic International and Ecologic
International is not responsible
for the content of any third-party linked site or any link contained in a
third-party linked site, or any review, changes or updates to such sites.
Ecologic International is providing these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement, or adoption
by Ecologic International of the site or any information contained therein. When leaving
the Ecologic International Site, you should be aware that Ecologic
International's terms and policies no
longer govern, and, therefore, you should review the applicable terms and
policies, including privacy and data gathering practices, of that site.
General Submissions
Do not use this Site as a means of submitting information you consider
to be proprietary. Confidential and proprietary information should be
submitted only in connection with those Ecologic International WebPages specifically allowing
and providing for its receipt and protection. Except as otherwise
expressly provided in the terms of use for your Order and or
Information Request with
Ecologic International's
Site or in a written agreement with Ecologic International applicable to your particular
use of Ecologic International's Site, any submission of materials by you will be
considered a contribution to Ecologic International for further use in its sole
discretion, regardless of any proprietary claims or reservation of rights
noted in the submission. Accordingly, you agree that any materials,
including but not limited to questions, comments, suggestions, ideas,
plans, notes, drawings, original or creative materials or other
information, provided by you in the form of e-mail or submissions to
Ecologic International, or postings on this Site, are non-confidential (subject to
Ecologic International's Privacy Policy) and shall become the sole property of
Ecologic International.
Ecologic International shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of these materials
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to Ecologic
International, including
the posting of materials to any forum or interactive area, irrevocably
waives any and all "moral rights" in such materials, including the rights
of paternity and integrity.
Export Restrictions
Any software and all underlying information and technology downloaded
from this Site (collectively the "Software") by you may be subject to export controls, and may be subject to export or import regulations
in other countries. You are responsible for complying with all trade
regulations and laws both foreign and domestic. Except as authorised by
law, you agree and warrant not to export or re-export the Software to any
country, or to any person, entity, or end-user subject to export
controls, including without limitation persons or entities. You further represent and warrant that no agency
has suspended, revoked, or denied your export privileges.
Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued
by Ecologic International and available through this Site, may contain statements which
constitute forward-looking statements. Those statements can be
identified by the use of words such as "believe," "expect," "plan," "may,"
"will," "should," "anticipate" or similar statements or the negative of
these words. Forward-looking statements include statements made as to
future operations, costs, capital expenditures, cash flow, improvements in
infrastructure, distribution and replenishment systems and operating
efficiencies, sales and earnings estimates or trends and expansion plans
and projections. These forward-looking statements are based on our current
expectations. Known and unknown internal and external risks and
uncertainties may cause the actual results to be materially different from
those expressed in or implied by the forward-looking statements. Ecologic
International undertakes no obligation to update
forward-looking statements to reflect events or circumstances that occur
after the date the statements were made.
Press Releases. The information contained within press releases
issued by Ecologic International should not be deemed accurate or current except as of the
date the release was posted. Ecologic International has no intention of updating, and
specifically disclaims any duty to update, the information in the press
releases. To the extent any information therein is forward-looking, it is
intended to fit within the safe harbour for forward-looking statements, and
is subject to material risk.
Third-Party Financial Information. Ecologic International may provide links to
third-party Web sites or services that contain financial or investment
information about Ecologic International. Access to such Web sites and the information
contained therein is provided as service to those interested in the
information. Ecologic International neither regularly monitors nor has control over the
content of third parties' statements or Web sites. Accordingly, Ecologic
International
does not endorse or adopt these Web sites or any information contained
therein, without limitation. Ecologic International makes no representations or warranties whatsoever regarding
the accuracy or completeness of the content, information, or opinions of
third-party Web sites or other third-party information that is identified
on the Site. Users visit these Web sites and use the information contained
therein at their own risk.
Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE
PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING
ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM
OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. Ecologic International DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND
PRODUCTS ON THE SITE. Ecologic International DOES NOT REPRESENT OR WARRANT THAT MATERIALS
IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
Ecologic International IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING
TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Ecologic International ATTEMPTS TO ASSURE YOUR
ACCESS AND USE OF THE SITE IS SAFE, Ecologic International CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Ecologic International reserves the right to change any and all content contained on
this Site at any time without notice. Reference to any products, services,
processes, or other information, by trade name, trademark, manufacturer,
supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by Ecologic International.
Limitation of Liability
IN NO EVENT SHALL
Ecologic International BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN
ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF
Ecologic International (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE
OF Ecologic International's SITE EXCEED AUS$1.00 OR THE
COMPENSATION YOU PAID Ecologic International, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the
exclusion or limitation of certain damages. If these laws apply, some or
all of the above disclaimers, exclusions, or limitations, may not apply to
you, and you may have additional rights to those contained herein.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in
accordance with the laws of the State of Queensland, applicable to
agreements made and entirely to be performed within the State of
Queensland, without resort to its conflict of law provisions. You agree
that any action at law or in equity arising out of or relating to these
terms and conditions shall be filed only in state or federal court located
in Queensland, Australia, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any
suit, action or proceeding arising out of these terms and conditions.
Termination
Notwithstanding any of these terms and conditions,
Ecologic International reserves the
right, without notice and in its sole discretion, to terminate your
license to use the Site, and to block or prevent future access to and use
of the Site.
Severability
If any provision of these Site Terms shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severable from these terms and conditions and shall not affect the
validity and enforceability of any remaining provisions.
Last updated: Wednesday, 10th May 2006 06:00pm EST. |