Terms and Conditions

Welcome to EcoXpo. We hope you enjoy browsing our website. It is our policy to be forthright and clear with our visitors as to the terms of our relationship. The terms and conditions set forth on this webpage govern and regulate our relationship with visitors to our website, including but not limited to browsers, customers, members and advertisers. Please read this webpage carefully – it contains important information regulating your access to our website.

The following describes the terms and conditions on which EcoXpo offers you access to our services.

EcoXpo website (the Site), a website owned and operated by Syntheo Pty Limited (ABN 84 148 059 670). These Terms of Use describes the terms and conditions that govern your use of our services on the Site. By registering with the Site, you agree that you have read and accepted all of the terms and conditions contained in these Terms of Use and EcoXpo’s Privacy Policy (http://www.ecoxpo.com.au/privacy-policy/) (collectively the Policies) and agree to be bound by the Policies for the duration of your use of the Site.

These Policies change from time to time and you agree that any such changes form part of these Policies. Each time you use the Site you confirm your agreement with and agree to be bound by our Policies as amended from time to time. If we amend the Privacy Policy so that the manner in which we use your Personal Information (as defined in the Privacy Policy) is altered, then we will notify you of this change via the email address that you have provided to us when you register with the Site. This notification will be sent to you no later than the date on which the change to the Privacy Policy takes effect.

Defined Terms that are not defined in the body of these Terms of Use are included at the end of these Terms of Use.

You should visit this web page periodically to review the Terms of Use. In these Terms of Use, all services provided by and related to EcoXpo, and all text, images, photographs, user interface, “look” and “feel”, data and other content included at EcoXpo from time to time (including, without limitation, the selection, coordination and arrangement of such content) form part, and are included within the definition, of the Site.

1. Eligibility

Subject to these terms of use, any person is eligible to register at the Site. Registration of your details on our Boutique includes a unique password that entitles you to register with the Site. There may be a time limit imposed on when you can use the password to register with the Site and this time limit may be notified to you when you receive your password. EcoXpo may, in its absolute discretion, extend or reduce the time period or remove the time period to which you may register with the Site. You will be made aware of any such extension, reduction or removal at the time you seek to register with the Site. EcoXpo may also restrict the time for which you are eligible to receive goods, services and information on a free or no charge basis, or the amount of such goods, services and information that you can receive in its absolute discretion.

2. Membership

Only natural persons (and not corporate entities) that are thirteen (13) years or older may become members of, and use, the Site. In order to register with the Site, you must be capable of forming legally binding contracts under applicable laws. Membership of the site is void where prohibited by law. Membership of the Site is not transferrable. In particular, you must not allow others to use your membership and must not transfer or sell that membership to any other person. While you are a member of the Site, you must main control of your membership and you are responsible for what occurs with your membership and must report any unauthorised use of your membership to EcoXpo. EcoXpo may, in its absolute discretion, deregister any person who registers on the Site for any reason.

By becoming a member of the site, you represent and warrant that (a) all registration information you submit is truthful and accurate and that you will maintain and update the accuracy of such information; (b) you are at least 13 years of age; and (c) your use of the site does not violate any applicable laws. You must be a member in order to post messages in the community forum.

In order to register with the Site, you will be required to provide EcoXpo with certain personal information, which may include your email address, your mailing address, gender, age, and date of birth. The manner in which this information is collected and disclosed is set out in our Privacy Policy: http://www.ecoxpo.com.au/privacy-policy/

3. Term

Your membership of the Site will remain in full force for the duration of your use of the Site. You may terminate your membership of the Site at any time and for any reason by deregistering your account.

EcoXpo may terminate your membership of the Site if:

(a) you breach any of these Terms of Use;

(b) EcoXpo is required to do so by any law or regulation; or

(c) EcoXpo ceases to operate the Site, or the Site ceases to exist.

Upon termination, all of the legal rights, obligations and liabilities that each of EcoXpo and you have accrued or incurred will continue in force unless expressly stated otherwise.

4. Services

Registering with the Site and membership of the Site is free. From time to time, EcoXpo may provide free offers of goods, information and services to you. You agree and acknowledge that, except where explicitly stated on the Site, third parties that are not associated with EcoXpo supply all Free Services to you and that EcoXpo is not responsible for or acting as the agent, employee or contractor of any party in the delivery of such Free Services.

EcoXpo boutique (the Boutique) may provide goods, services and information for retail prices or other fees. Except where explicitly stated on the Site, third parties not associated with EcoXpo manufacture and supply all Paid Services sold to you on the Site.

5. Product Descriptions and Pricing

We have listed on this website, products that we have sourced from our suppliers. The descriptions we have published on our website, are, to the best of our knowledge, accurate representations of the products published on this website.

Any products, goods, services or information offered as a Free Service or a Paid Service contain descriptions that are provided directly by the manufacturer or EcoXpo’s suppliers. However, EcoXpo is a reseller of the products published on the Site and not manufacturer thereof, and accordingly, to the extent possible by law, EcoXpo takes no responsibility for the failure of any product description specified on the Site to accurately represent the product referenced. EcoXpo does not represent or warrant that the descriptions of such items are accurate or complete or that the items are fit for the purpose that they are intended.

EcoXpo reserves the right to modify the product descriptions specified on the Site, as well as product pricing, at any time in our absolute discretion. For example, from time to time we may decide to run promotional offers, run sales, apply discounts or otherwise modify product pricing on our website, without notice.

While we will use our best endeavours to ensure the pricing specified on the Site is accurate, we reserve the right to reject any order placed on the Site (and refund to you any payment made in respect of that order) should we discover the price advertised for a product on this website is erroneous.

All prices displayed on the Site are in Australian Dollars (AUD) and are specified inclusive of GST (if GST is applicable).

6. Product Reviews

The Site provides product review functionality. This enables, and EcoXpo encourages, visitors to review products we sell on the Boutique. A product can be reviewed by clicking on the review hyperlink which appears for each product published on our website. EcoXpo will consider reviews which are submitted to the Site and EcoXpo reserves the right to reject reviews which we consider misleading, vexatious or which we consider do not do justice to the goods sold on our website, in our absolute discretion.

Additionally, we have incorporated Facebook “Like” functionality onto the Site, which enables users on the Site to indicate they like particular products, and to comment on those products; and which results in such indication and comments to be published on the user’s Facebook profile, and in relevant Facebook Newsfeeds.

7. Online ordering service

The Boutique entitles you to purchase products displayed on the site. Both members and guests on the Site are able to purchase our products. Membership provides additional benefits, such as remembering the products in a shopping cart, and not having to repeatedly enter your delivery details each time you make a purchase on our website.  Our online ordering service requires you to add products to your virtual shopping cart, enter your delivery details, shipping method and finally, pay for your product via PayPal.

EcoXpo does not record or receive any credit card details made in connection with a purchase made on the Site – credit card details are processed by PayPal. Please refer to www.paypal.com.au for details and terms of PayPal’s services.

8. Delivery and risk

EcoXpo will use its best endeavours to deliver purchased products to the address nominated by you at the time of purchase, within the time specified for your selected method of shipping. The time specified adjacent to your nominated shipping method, such as “1 day” or “5 days” is electronically obtained by the Site from Australia Post, or any other carriers, on a real-time basis at the time of purchase. We take no responsibility for any delays in delivery incurred by Australia Post, or any other carriers. Accordingly, time is not of the essence in relation to the delivery of products on this Site, and you accept full risk in respect of ordered products from the time we deposit your purchased products with Australia Post, or any other carriers.

9. Returns Policy and Risk of Loss

Subject to our obligations provided by relevant legislation EcoXpo does not accept refunds or exchanges items if you change your mind or make the wrong choice and purchases are final.

If you have purchased any Paid Services, and such goods are faulty, please contact EcoXpo to arrange the return of the goods for repair or replacement if the item is unable to be repaired. Returning items are shipped to us at your cost and EcoXpo will not take responsibility for any goods that are lost or damaged due to the negligence or fault of a third party (including any postal or courier service). You should note that returned goods might need to be sent back to the manufacturer or supplier in order to determine whether or not you are entitled to a repair, replacement or refund. Please allow 1-2 weeks for return and testing to take place.

Free Services are not subject to a returns or replacement policy, and EcoXpo is not obligated to accept any returns of Free Services or to replace any Free Services at any time. The risk of loss for any Free Services or Paid Services and title for all items passes to you upon delivery of the Free Services or Paid Services to the relevant postal service or courier service. This returns policy is in addition to and not intended to limit or replace any rights or remedies that you may have under the Trade Practices Act or equivalent fair trading legislation in your State or Territory.

10. Right to withdraw

EcoXpo reserves the right to reject any order placed on the Site for any reason in our absolute discretion. In such circumstances EcoXpo will refund any monies paid in relation to the relevant rejected order.

11. Warranties and liability

Nothing in this Agreement seeks to exclude or limit any liability which cannot be excluded or limited by law.

Except and to the extent contrary to law, EcoXpo shall be under no liability to you in respect of any loss or damage (including any consequential, incidental, special, indirect or punitive damages or loss or any loss of profits or other form of economic loss) which may be suffered or incurred or which may arise directly or indirectly as a result of any use of, or access to, the Site, or any products purchased from the Boutique.

You hereby warrant that you have not relied on any representation made by EcoXpo which has not been stated expressly in this Agreement.

You hereby acknowledge that to the extent EcoXpo has made any representation which is not otherwise expressly stated in this Agreement, you have been provided with an opportunity to independently verify the accuracy of that representation.

12. Password and Security

When you register with the Site, you may be provided with, or be required to create, a password to enable you to navigate the site and use the features on the Site. You agree and understand that you are responsible for maintaining your password and keeping it confidential. You are responsible for:

(a) keeping your account password confidential and secured;

(b) avoiding unauthorised access to your account; and

(c) keeping the e-mail address associated with your account current.

You accept full responsibility for all activities that occur on your account. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in Content you post on the Site. If you post personal information on our site for other users to see, EcoXpo will not be responsible for any breaches to your privacy as a result of the use or misuse of that personal information arising from your postings. If you change your email address, then you agree to update your account profile with the new email address to ensure that you continue to receive correspondence from EcoXpo and to answers to enquiries or orders or other matters. If you suspect that there is unauthorised use on your account, you should notify us immediately and change your password.

13. Site Security and site operation

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site;

(d) sending unsolicited email to any user of the Site, including promotions and/or advertising of products or services; or

(e) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Site. Violations of system or network security may result in civil or criminal liability. EcoXpo will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. EcoXpo reserves the right to review postings on the Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Site at any time without notice, in its sole discretion.

EcoXpo shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Site. EcoXpo reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although EcoXpo intends to use commercially reasonable efforts to make the Site and services available on the site accessible, EcoXpo makes no representation, warranty or covenant that the Site or Services will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. EcoXpo may at any time discontinue the Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. EcoXpo shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

14. Posting and Transmitting Content

The Site consists of a mix of digital media and written content provided by EcoXpo, our users and our partners and suppliers (together, the “Content”). You are responsible for all Content that you post on or transmit through the Site. The following Content is prohibited:

(a) Copyrighted material and trademarks that are used without the express permission of the owner;

(b) Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have EcoXpo’ written consent to do so;

(c) Content that discloses or contains any personally identifying information beyond a first name about any person;

(d) Content in which you impersonate another person or entity, including Content in which you falsely claim to be a Site moderator or other official;

(e) Pornographic, sexually explicit or obscene Content;

(f) Content that exploits children or minors;

(g) Content that we have reason to believe was posted for malevolent purposes, including libel, slander, defamation or harassment;

(h) Content that may be deemed grossly offensive to the Site community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity;

(i) Content promoting or providing instructional information about illegal or illicit activities; and

(j) Content that transmits or contains viruses, corrupted files, or any similar element.

We examine the Content on the Site on a regular basis and we maintain the absolute right (though not the obligation) to remove any Content that does not meet the standards listed above or that is otherwise objectionable at our sole discretion. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable.

We are not responsible for the loss, deletion, failure to store, misdelivery, or untimely delivery of any Content submitted to or transmitted through the Site.

15. Indemnity

By utilizing the Site you agree to indemnify, defend and hold EcoXpo and its officers, directors, employees, agents, and affiliates harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by EcoXpo through your use of the Site or as a result of Content you submit or transmit through the Site in violation of these Policies. You also agree to take sole responsibility for any royalties, fees or other monies owed to any person by reason of any Content you post or transmit through the Site or the services we provide.

16. The Site Does Not Provide Medical Advice

Our Site is intended to provide general information about ecoliving and to provide readers with an online community for the sharing of general advice and ideas. The Site is not engaged in the provision of medical or diagnostic information. Content posted on the Site should be considered as opinion only and should not be taken as a substitute for qualified medical or other professional advice from a qualified service provider. Always seek the direct advice of your physician or another health care professional in connection with any questions you may have regarding your own health or the health of your family members.

17. Linked Sites

The Site may contain hyperlinks to websites of people or organisations other than EcoXpo. The Site may also contain advertisements that contain hyperlinks to advertisers websites. Those links are provided for convenience and information purposes and may not remain current or maintained. Except as expressly stated on the Site, EcoXpo:

(a) is not responsible for any content on those linked websites

(b) is not responsible for any loss or damage of any nature that you may suffer as a result of accessing any linked website from the Site; and

(c) has no control over or rights in those linked websites.

Except for our Boutique, we do not sell, resell, or license any of the products or the services that we review, list, or advertise on the Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

18. Promotions and Competitions

Terms and conditions of entry for any promotions or competitions on the Site will appear with that promotion or competition and should be read in conjunction with these Terms of Use.

19. Intellectual Property Rights

You acknowledge that the content contained on this Site, including any trade marks, trade secrets or other proprietary rights are owned or licensed by Syntheo (Intellectual Property Rights). You agree not to modify, remove, delete, augment, add to, publish, use, store, display, distribute, reproduce, create derivative works of, sale of, publicly perform, transmit, participate in the transfer or sell or transfer the Intellectual Property Rights in any manner, or in any way exploit any of this Content, in whole or in part, outside of the specific usage rights granted to you by Syntheo as part of the services we provide including without limitation:

(a) in connection with activities, products or services which are not owned, operated or connected with EcoXpo;

(b) in a manner which may be confusing, misleading or deceptive; or

(c) in a manner that disparages EcoXpo, or any products or services advertised or promoted on the Site or otherwise by EcoXpo.

You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of EcoXpo without the prior written consent of EcoXpo, as determined in its sole discretion, for each such use.

When you post or transmit Content on or through the Site you grant the Site and EcoXpo, their affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your Content with other Content, create derivative works of and publicly perform that Content for any purpose on and through each of the services provided by the Site or on other sites owned by EcoXpo or its affiliates or partners. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. In the event of a sale of or consolidation of the Site with another business, we may transfer some or all of your Content, and assign this license, in order that the service being provided to you may continue or for other business purposes.

20. Disclaimers and Limitation of Liability

Terms and conditions of entry for any promotions or competitions on the Site will appear with that promotion or competition and should be read in conjunction with these Terms of Use.

EcoXpo is not responsible for and makes no warranties, express or implied, as to any products, services or information appearing on or available through the Site. EcoXpo is also not responsible for the content, accuracy or opinions expressed on any advertisement contained on the Site or any website linked from this Site and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by EcoXpo. Inclusion of any advertisement on the Site or any linked website on the Site does not imply approval or endorsement by EcoXpo. Without limitation, we are not responsible for the Content posted by users on the Site and your use of the Site and the services provided is at your own risk.

You use the Site at your own risk and acknowledge and agree that the Site and all content on the Site are provided on an “as is” and “as available” basis. In particular, EcoXpo, and its affiliates, licensors, agents, Suppliers and contractors do not represent or warrant that:

(a) your use of the Site will meet your requirements;

(b) the Site will be uninterrupted, error free or secure; and

(c) an information obtained from the Site by you will be accurate and reliable.

EcoXpo is not responsible for the conduct, whether online or offline, of any user of the Site. EcoXpo assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any Site user communication. EcoXpo is not liable to you or anyone else for any actual or alleged loss, liability, claim or demand (including solicitors costs) suffered by you or made by a third party in connection with the use of the Site or a linked website. Nothing contained in this clause is intended to limit or replace any rights or remedies that you may have under the Trade Practices Act or equivalent fair trading legislation in your State or Territory.

21. Reporting Content Violations

If you believe that any Content shown on or transmitted through the Site violates these Policies or your intellectual property rights you can report such violation using the link that is provided on our FAQ page [include link to FAQ]. In the case of an intellectual property right violation please provide the following information:

(a) A description of the copyrighted work or other intellectual property that you claim has been infringed;

(b) A description of where the material that you claim is infringing is located on the site (including the exact URL);

(c) An address, a telephone number, and an e-mail address where we can contact you and, if different, an e-mail address where the alleged infringing party, if not Bonjour Baby, can contact you;

(d) A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law; and

(e) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove both parties’ Content.

22. Privacy and Personal Information

When you register for the Site EcoXpo collects personal information about you. EcoXpo may also collect personal information about you when you use the Site. EcoXpo’s Privacy Policy sets out the collection of personal information and how and when EcoXpo will use that personal information. You acknowledge and agree that the Privacy Policy forms part of these Terms of Use. The EcoXpo Privacy Policy can be found here: http://www.ecoxpo.com.au/privacy-policy/.

In particular, we utilize email to communicate with you about service-related matters. In addition, if you acquire a third-party service provided through the Site, that third party may email you regarding their service. We may also contact you via email to notify you about special offers available to Site members. By becoming a Site member you are consenting to the receipt of these communications. The Site is an advertising supported Internet site. By becoming a Site member you consent to having your Content co-mingled with advertisements that appear on the Site or are incorporated into the services we provide.

23. Electronic Signature

Our Agreements allow Electronic Signatures in Global and National Commerce Act (“ESIGN Act”). Online electronic signatures are given the same force and effect as a written signature. ESIGN ensures that “… contracts entered into electronically will be legally effective and valid, and that consumers who enter into contracts electronically have the same protections they have when contracting in the “brick and mortar” world.” Just as important, ESIGN ensures that any agreement signed electronically will not be denied legal force, effect, validity, or enforceability solely because an electronic signature was used in its formation.

24. Severability

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use is held to be invalid or unenforceable in whole or in part, such provision will be ineffective to the extent of such invalidity or unenforceability without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

25. Governing Law

The laws of New South Wales govern these Terms of Use and you submit to the non-exclusive jurisdiction of the courts there.

26. Defined Terms

Boutique refers to our online boutique.

Free Services means goods, services and information supplied by EcoXpo to you via the Site that are sent to you at no cost, excluding postage and handling costs.

Paid Services means goods, services and information supplied by EcoXpo to you via the Site that you pay a retail price or other fee to acquire.

Privacy Policy means EcoXpo’s Privacy Policy, located at http://www.ecoxpo.com.au/privacy-policy

Services means collectively the free services and paid services and any information provided to you by EcoXpo in the form of newsletters or emails or any other form of communication.

30 November 2009