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Terms & Conditions

1. What These Terms Cover

These Terms and Conditions (“Terms”) govern your use of our website (including any subdomains or extensions, collectively referred to as the “Website”) and your purchase of any products offered through the Website (“Products”).
If you are seeking our Privacy Policy (which we adhere to and which also binds you), you can find it in Privacy Policy.

 

2. How to Read These Terms

We’ve organized these Terms into three distinct parts for clarity:

  1. Part A – Terms for Purchasing Products (applies when you make a purchase, including subscriptions).

  2. Part B – Terms for Browsing and Interacting with Our Website (applies when you’re just visiting or otherwise interacting with our Website).

  3. Part C – Liability, Warranties, and Other Legal Provisions (applies to both purchasing and browsing).

You should read these Terms carefully before using our Website or purchasing our Products. If you have any questions, please contact us; do not use this Website or purchase Products unless you agree to these Terms.

3. Updates to These Terms

When you place an order for our Products, the version of these Terms in effect at the time of your purchase will govern that transaction. We may update or modify these Terms at any time by posting the revised Terms on the Website. The date at the top of these Terms indicates when they were last updated. Your continued use of the Website after any changes are posted constitutes your acceptance of those changes.

PART A: TERMS FOR PURCHASING PRODUCTS OR STARTING A SUBSCRIPTION

4. Submitting an Order
 

  1. Order Submission
    By submitting an order or starting a subscription (“Order”) through the Website, you represent and warrant that:
    a. You have the legal capacity and are of sufficient age to form a binding contract; and
    b. You are authorized to use the payment method provided (e.g., debit card, credit card).

  2. Offer and Acceptance

    • Your Order is an offer to purchase the Products (or to begin receiving subscription-based Products).

    • We reserve the right to accept or reject your Order in our discretion.

    • Our contractual obligations under Part A of these Terms (incorporating Part C) arise only when we confirm your Order in writing (e.g., via email) that your payment has been processed and that your Order is being prepared.

  3. Scope of Fulfillment
    Depending on your Order:

    • Single Purchase: We will deliver the specified Products upon your payment of the total amount due.

    • Subscription: We will periodically deliver Products at the agreed intervals, charging your chosen payment method each time the Products are shipped.
       

5. Accounts
 

  1. Account Registration

    • To submit an Order or begin a subscription, you may be required to create an account on the Website (“Account”).

    • During registration, you may be asked to provide personal details, including email address, name, billing and shipping addresses, payment information, and any other information we reasonably require.

  2. Accuracy of Information

    • You represent and warrant that all information you provide is accurate, up to date, and truthful.

    • You agree to promptly update any details should they change.

  3. Account Acceptance and Suspension

    • We may, at our sole discretion, accept or reject any request for an Account.

    • We reserve the right to suspend or cancel your Account at any time if we reasonably suspect a breach of these Terms or if required by law.
       

6. Products
 

  1. Product Representation
    We strive to ensure that the Products you receive match their descriptions on our Website. However, variations (including in packaging color or size) may occur, and minor differences may exist between what is displayed on your screen and the actual Product delivered.

  2. Title and Risk

    • Title to the Products passes to you only once payment is received in full.

    • Risk of damage or loss passes to you upon delivery (see Section 9 below). Delivery should not be refused without valid reason.


7. Payment
 

  1. Pricing

    • Prices are listed in Australian Dollars (AUD).

    • Prices may change at any time before you complete an Order.

  2. Payment Timing

    • Single Orders: Payment is due at the time you place your Order unless otherwise agreed.

    • Subscriptions: Recurring payments are due in accordance with your subscription schedule. Failure to pay on time may result in suspension or cancellation of your subscription.

  3. Taxes

    • Unless specified otherwise, prices do not include GST (Goods and Services Tax). If GST applies, it will be added to your total, and a valid tax invoice will be provided.

  4. Payment Methods

    • We may charge a surcharge for certain payment methods (e.g., credit card transactions).

    • We use third-party payment providers (“Payment Providers”). Their terms, conditions, and privacy policies govern the processing of your payment. We are not responsible for their security or performance.

  5. Pricing Errors

    • If there is an error in pricing (including shipping fees), we will contact you promptly.

    • You may proceed with your Order at the correct price or cancel the Order. If canceled after payment was processed, you will be refunded in full via your original payment method.


8. Changes to Your Order
 

  1. Cancellation by Us

    • We reserve the right to cancel your Order at any time for any reason.

    • If payment was already processed, a full refund will be provided to your original payment method.

  2. Cancellation by You

    • You may cancel your Order any time before we confirm your Order in writing.

    • Once confirmed, the Order is binding and cannot be changed except as allowed under our returns and exchanges policy (Section 8.3).

  3. Returns and Exchanges

    • Change of Mind:
      a. You may request a refund (excluding shipping) within 30 days of the shipping date, provided the Product is unused, in the same condition as received, and in its original sealed packaging with all accompanying materials.

    • Incorrect, Not as Described, or Faulty Products:
      a. If we fail to deliver your Product, or if the Product delivered differs materially from what you ordered (within reasonable variance), or if your Product is faulty, you may be entitled to a refund, replacement, or store credit.

  4. Faulty Products Procedure

    • If you believe your Product is faulty, please contact us promptly with a detailed description and images if possible.

    • If we suspect a fault, we may ask you to return the Product (at your cost) for inspection.

    • If, upon inspection, the Product is found not faulty or found faulty due to misuse, normal wear and tear, or negligence, we may deny your request for a refund, replacement, or credit.

    • Otherwise, we will offer a store credit, replacement, or a full refund (including shipping costs) as appropriate.

  5. 30-Day Money-Back Guarantee

    • If you are a first-time purchaser of a single-box Product, you may request a full refund of the purchase price (excluding shipping) within 30 days of Order confirmation if you are unsatisfied for any reason.

    • To request this refund, please contact us via email.

  6. Manufacturer Warranties and Non-Excludable Rights

    • These Terms do not limit your rights under any applicable manufacturer’s warranty or any non-excludable rights under the law.


9. Intellectual Property (Products)
 

  1. Ownership

    • We (or our licensors) retain all intellectual property rights in and to the design, packaging, labeling, and branding of the Products. You must not copy, reproduce, or commercialize these without our prior written consent.

  2. Definition

    • “Intellectual property rights” encompass all rights in copyright, trademarks, designs, patents, business and domain names, and other proprietary rights existing globally, whether registered or unregistered.


10. Third-Party Suppliers
 

  1. Outsourcing

    • We may outsource any part of the Product supply chain or procurement to third parties without notifying you or obtaining further consent.

  2. Liability for Third Parties

    • To the maximum extent permitted by law, we are not liable for any actions or omissions of these third-party suppliers, including any delays or damage caused by their negligence or misconduct.


PART B: TERMS FOR BROWSING AND INTERACTING WITH OUR WEBSITE

11. Access and Use of the Website
 

  1. Compliance

    • You must only use the Website in line with these Terms and all applicable laws.

    • You must ensure anyone acting on your behalf (e.g., employees) also complies with these Terms.


12. Your Obligations

You agree that you will NOT:

  • Copy, reproduce, translate, adapt, reverse-engineer, or otherwise modify any part of the Website without our explicit consent.

  • Use the Website for any unlawful or fraudulent purposes.

  • Interfere with, disrupt, or impose an unreasonable load on the Website or its hosting servers.

  • Use automated tools (e.g., bots, scripts) to access or use the Website.

  • Diminish or harm our reputation, including linking to our Website from any other site in a way that could harm our goodwill.

  • Attempt to breach the security of the Website or access non-public data, including by scanning, probing, or testing the Website’s security or by initiating a denial-of-service attack.


13. Information on the Website

While we make reasonable efforts to keep the Website’s content accurate and up-to-date, to the fullest extent permitted by law we do not guarantee:

  • That the Website will be free from errors or defects.

  • That the Website will be accessible at all times.

  • The security or confidentiality of any information transmitted through the Website.

  • The accuracy or completeness of information provided on the Website.

We may update any content on the Website (including product descriptions and pricing) without notice.

14. Intellectual Property (Website)
 

  1. Ownership of Website Content

    • We (or our licensors) own all rights in the materials and content displayed on or available through the Website (“Website Content”), including text, graphics, logos, designs, icons, images, videos, and software.

  2. License and Restrictions

    • You may make a temporary electronic copy of Website Content solely for personal viewing.

    • You must not reproduce, adapt, distribute, sell, or publish any Website Content without our prior written consent or as permitted by law.

  3. Definition

    • “Intellectual property rights” here also covers all copyright, trademarks, designs, patents, domain names, and other proprietary rights worldwide, registered or unregistered.


15. Third-Party Terms and Conditions
 

  1. Acknowledgment

    • Certain elements on our Website may be subject to third-party terms (“Third-Party Terms”). You acknowledge these may apply to products or services from those third parties.

  2. Acceptance

    • By using the Website or purchasing Products, you agree to abide by all relevant Third-Party Terms.

    • We are not liable for any loss or damage related to these third-party services or goods.

16. Links to Other Websites

  • The Website may link to external websites or resources for your convenience.

  • We are not responsible for any external content or for the operation of those external sites.

  • Inclusion of a link does not imply endorsement or approval by us of the linked site.

17. Security

  • We are not responsible for damage or loss to your computer or devices arising from the use of our Website.

  • You should maintain robust security measures (e.g., antivirus software) to protect against viruses or malicious code.

18. Reporting Issues
If you become aware of any misuse of our Website, errors in Website Content, or difficulties in accessing or using the Website, please contact us immediately using the details on our Website.
PART C: LIABILITY, WARRANTIES, AND OTHER LEGAL PROVISIONS

19. Liability
 

  1. Limitation of Liability

    • To the maximum extent permitted by law, our total aggregate liability for any claim relating to these Terms or any Products or services we provide is limited to the fees you paid us under the most recent Order.

  2. Transit Damage

    • Claims for lost or damaged Products in transit must be directed to the carrier responsible for delivery.

  3. Warranties Excluded

    • All express or implied warranties not expressly stated in these Terms (to the extent permitted by law) are excluded.

    • Nothing in these Terms restricts or modifies your rights under the Australian Consumer Law or any other law that cannot lawfully be limited.

  4. Indemnification

    • You agree to indemnify and hold us and our employees, contractors, and agents harmless from any claims, damages, losses, or liabilities arising from:
      a. Your breach of any third party’s intellectual property rights;
      b. Your breach of these Terms;
      c. Your use of the Website or our Products;
      d. Any negligent, fraudulent, or unlawful act by you or your representatives.

  5. Consequential Loss

    • To the fullest extent permitted by law, we are not liable for indirect or consequential damages (such as loss of business, revenue, profits, opportunity, or data).


20. General
 

  1. Governing Law and Jurisdiction

    • These Terms are governed by the laws of Victoria, Australia.

    • You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts hearing appeals from those courts.

  2. Waiver

    • A right under these Terms can only be waived by a written document signed by the party granting the waiver.

  3. Severability

    • If any part of these Terms is found unenforceable, that part is severed to the extent it’s unenforceable, and the remaining Terms remain in effect.

  4. Joint and Several Liability

    • If two or more parties are bound by these Terms, their obligations are joint and several.

  5. Assignment

    • You may not assign, transfer, or novate your rights or obligations under these Terms without our prior written consent.

  6. Costs

    • Each party pays its own costs in relation to the negotiation and preparation of these Terms.

  7. Entire Agreement

    • These Terms constitute the entire agreement between you and us concerning your use of the Website and any purchase of Products, superseding all prior negotiations or agreements (whether oral or written).

  8. Interpretation

    • Terms in the singular include the plural and vice versa.

    • References to currency are to Australian Dollars unless otherwise specified.

    • Headings are for convenience only and do not affect interpretation.

    • “Includes” and similar words do not imply limitation.

    • No clause will be interpreted adversely to the party responsible for drafting it.

  9. Notices

    • Notices under these Terms must be sent by email to the relevant email address provided in these Terms or otherwise regularly used by the parties for communication.

    • A notice is considered delivered 24 hours after it has been sent (unless the sender reasonably believes the email was not delivered).


Contact Us
If you have any questions about these Terms, or if you wish to notify us for any reason, please contact us:

Thank you for choosing ECO Pledge (a subsidiary of BRYTEC Group Pty Ltd). We appreciate your business and look forward to serving you!

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