Term of Use

Terms and conditions of use

1. About the Website

• (a) Welcome to www.ecolightup.com.au (Website). The purpose of these terms and conditions (Terms) specifies the rights and obligations of Eco Light Up Pty Ltd (ACN 670 342 319) (Eco Light Up, we, us or our) and the user of the Platform (you or your) in relation to your access to, and use of the Platform and Documentation.
• (b) The Website is operated by Eco Light Up. Access to and use of the Website, or any of its associated Products or Services, is provided by Eco Light Up. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
• (c) Eco Light Up reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Eco Light Up updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Eco Light Up in the user interface.

3. Your obligations

3.1 Access to Platform

• i. You must provide information to us that is true, accurate and not misleading or deceptive. If such information changes, you must promptly notify us at info@ecolightup.com.au or an alternate email address notified by us for this purpose.
• ii. At all times, you must (at your cost):
• (i) obtain and maintain all hardware, software and communications equipment necessary for you to access and use the Platform and ensure that they comply with applicable specifications and guidelines set out in the Documentation or otherwise communicated to you from time to time.
• (ii) comply with all Relevant Laws; and
• (iii) comply with all our reasonable directions, policies and guidelines as notified from time to time.
• iii. Eco Light Up reserves the right (acting reasonably) to impose fees for access to, or use of, certain parts of the Platform. We will provide you with at least 30 days’ notice prior to imposing any fees.

3.2 Access restrictions

You must not access, store, distribute or transmit:

• iv. any viruses, worms, trojans, malicious code or similar harmful materials; or
• v. any material, data or content that:
• (i) is unlawful, unethical, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any Third Party.
• (ii) facilitates illegal activity.
• (iii) causes damage or injury to any person or property; or
• (iv) corrupts, degrades, disrupts or discredits the operation or functionality of the Platform.

3.3 User restrictions

You must not do, attempt to do, or assist any Third Party to do, any of the following:

• vi. adapt, alter, copy, create derivative works from, disassemble, display, distribute, download (except with our written consent), duplicate, frame, mirror, modify, reduce to human readable form, republish, reverse compile, reverse engineer or transmit all or any portion of the Platform by any means.
• vii. infringe our Intellectual Property.
• viii. assign, license, transfer any rights in, or otherwise commercially exploit, the Platform; or
• ix. engage in illegal behaviour or any the following:
• (i) unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network.
• (ii) interference with service to any user, host or network, including mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• (iii) use of an internet account or computer without the owner’s authorisation; and
• (iv) collecting information by deceit, including internet scamming, password robbery, phishing, security hole scanning and port scanning.

3.4 Competing products

• (a) You must not develop, attempt to develop, or assist a Third Party to develop, a product, service or platform that competes with the Platform.
• (b) You acknowledge that clause 3.4(a) is a usual covenant within our field of activities and is reasonably necessary to protect our legitimate business interests.

4. Our obligations

4.1 Service obligations and exclusions

• (a) Eco Light Up will provide the Services to you.
• (b) The obligation under clause 4.1(a) will not apply in the event of:
• (i) any non-conformance which is caused, or contributed to, by use of the Platform contrary to our instructions or these Terms.
• (ii) modification or alteration of the Platform by any party other than us.
• (iii) the unsuitability or malfunction of the network, systems, computer hardware or software being used or accessed by you; or
• (iv) an Force Majeure Event.

4.2 Modification and discontinuance of the Services

• (a) Eco Light Up may add, modify or discontinue any functionality, feature or any other aspect of the Services (wholly or partly), including in relation to the Platform, at our discretion and without further notice.
• (b) Eco Light Up is not liable for any Loss suffered by any person, including you, arising from, or in connection with, any modification or update to the Platform that was made by a person other than us.
• (c) Any of the content or information provided on, or via the Platform, our social media pages, or any websites linked to the profiles of Third Parties may be out of date at any given time, and we are under no obligation to update it, unless required to do so by law.

5. Additional Services

Eco Light Up may offer you Additional Services in relation to the Platform from time to time in accordance with these Terms.

6. Availability of products and services

• (b) Eco Light Up makes every effort to display as accurately as possible the colours and images of our products on the Platform. We cannot guarantee that your computer and/or device monitor’s display of any colour or image will be accurate.
• (c) Eco Light Up reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this on a case- by-case basis.
• (d) Eco Light Up reserves the right to limit the quantities of products or services that we offer.
• (e) All descriptions of products or product pricing are subject to change at any time without notice, at our reasonable discretion.
• (f) Eco Light Up reserves the right to discontinue any product at any time.

7. Copyright and Intellectual Property

• (a) The Website and all of the related products of Eco Light Up are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes and are reserved by Eco Light Up or its contributors.
• (b) Eco Light Up retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
• a. the business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright of Eco Light Up; or
• b. the right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
• c. a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
• (c) You may not, without the prior written permission of Eco Light Up and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third- party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Licence

• (a) Eco Light Up grants you a non-exclusive, personal, non-transferable and non-sub-licensable licence to access and use the:
• i. Platform; and
• ii. Documentation,

solely for your personal reference and you may draw the attention of others within your organisation to material posted on the Platform.

• (b) You must not use, copy, modify or reproduce any part of the materials or code on, or contained within, the Platform, or any of our social media pages, for commercial purposes without obtaining an express licence to do so from us.

9. User Generated Content and Third-Party Content

• (a) Users of the Platform may also upload or publish content (including user comments and reviews) on the Platform (User Generated Content).
• (b) The Platform may, from time to time, provide you with access to, and use of, third party content, services and products (Third Party Content).
• (c) Eco Light Up does not recommend or endorse any:
• (i) Third Party Content; or
• (ii) User Generated Content,
• i. appearing on or via the Platform or our site or social media pages, or any websites linked to the profiles of Third Parties.
• (d) Eco Light Up disclaims all liability and responsibility arising from any reliance placed on such products, services, Third Party Content and User Generated Content (and any products and services provided from or via the Third-Party Content) by:
• (i) any visitor to the Platform or our social media pages, or any websites linked to the profiles of Third Parties; or
• (ii) anyone who may be informed of any of its contents,
• (iii) and we make no representations or warranties that use of any of the foregoing will not infringe intellectual property rights of any third parties.
• (e) The Third Parties (and their advertisers) and users of the Platform are responsible for the accuracy of all representations made in any Third-Party Content or User Generated Content advertised, displayed or listed on, or via, the Platform, our social media pages, or any websites linked to the profiles of Third Parties.
• (f) We may, but are under no obligation to, monitor the Third-Party Content or User Generated Content. To the extent permitted by law, we do not:
• (i) warrant that the products or services, Third Party Content or User Generated Content displayed, listed or offered on, or via the Platform, our social media pages, or any websites linked to the profiles of Third Parties, are accurate, complete, reliable, current or error-free; or
• (ii) make warranties about the standard or quality of any of the products, services, Third Party Content or User Generated Content offered or displayed on, or via the Platform, our social media pages, or any websites linked to the profiles of Third Parties.
• (g) You agree to make your own enquiries to verify information displayed on, or via, the Platform, our social media pages, or any websites linked to the profiles of Third Parties and to assess the suitability of products or services before you purchase.
• (h) You accept the risk of purchasing products or services advertised, displayed, or listed by a Third Party or user of the Platform on, or via, the Platform, our social media pages, or any websites linked to the profiles of Third Parties.
• (i) Any opinions, warranties, representations, advice, statements, products, services, offers, Third Party Content, User Generated Content or other information, displayed, advertised, listed or made available by a Third Party or users of the Platform are those of the respective author, advertiser or distributor, and not us.
• (j) We reserve the right to modify or remove any Third-Party Content or User Generated Content at any time, but we are under no obligation to do so.

10. Content guidelines

• (a) You must only publish Third Party Content or User Generated Content (as the situation permits):
• (i) for which you hold all necessary rights, licences and consents to publish on, or via, the Platform.
• (ii) that are factually accurate and up to date.
• (iii) if containing opinion, that contain genuinely held opinion; and
• (iv) that comply with all applicable laws, regulations, rules, codes or other legal obligations.
• (b) You must not publish any Third-Party Content or User Generated Content (as the context permits) that:
• (i) are in a language other than English.
• (ii) contain confidential information.
• (iii) are, or could reasonably be considered to be, vulgar, offensive, inappropriate, indecent or obscene, pornographic or sexually explicit, harassing, threatening or abusive, inflammatory, hateful or disparaging, seditious, blasphemous, in breach of another person’s privacy (such as by disclosing personal or identifying details of another person without authorisation) or otherwise objectionable according to the dictates of good taste and social acceptability (including by promoting, advocating, or seeking to incite racial hatred or discrimination based on race, sex, disability, age, religion, nationality, sexual orientation or an unlawful or illegal act);
• (iv) are inaccurate, misleading or deceptive or fraudulent (including as a result of you having impersonated another person or misrepresented your identity).
• (v) are defamatory or harmful to another in any way, including by causing unreasonable embarrassment, annoyance, distress or alarm to another individual, including us or our employees.
• (vi) are illegal or unlawful, including as a result of their infringement or contravention of intellectual property, or other rights or laws, regardless of their source.
• (vii) contain any viruses or malware, including keystroke loggers or other spyware, or similar computer code, files or programs designed to adversely affect, interrupt, destroy or limit the operation or functionality of any computer software or hardware or telecommunications equipment in any way.
• (viii) include unauthorised, unsolicited or undisclosed advertising or promotional materials, including excessive commercial references.
• (ix) are misleading, deceptive or fraudulent statements, including by improperly holding themselves out as being or relating to decrees or announcements by governmental, statutory, or municipal authorities.
• (x) are designed to give the impression that the Third-Party Content or User Generated Content originates from us;
• (xi) are aimed at disparaging or damaging the reputation or goodwill of our business, the Platform, our social media pages, or any of our directors, officers, affiliates, employees, partners and representatives, and third parties connected to us; or
• (xii) constitute or comprise any other material whatsoever which contravenes these Terms.
• (c) By publishing or listing Third Party Content or User Generated Content on, or via, the Platform, or our social media pages, all right, title, and interest in the Third-Party Content or User Generated Content (and all intellectual property rights contained therein) will automatically vest in us absolutely.

11. Third party websites

• (a) The Platform or any Third-Party Content or User Generated Content may link to other websites, services, products or resources and they may contain links to the Platform. In this regard:
• (i) they are not under our control and are not maintained by us.
• (ii) we are not responsible, and accept no responsibility, for them, or for any loss or damage that may arise from your use of them (notwithstanding anything else);
• (iii) we only provide such links for your information and convenience; and
• (iv) we do not imply any endorsement of them or any association with their owners, operators or advertising material (as the context permits).
• (b) You’re linking to or from these sites, or use of, or reliance on, such websites, resources, products or services is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-Platform pages and other websites or third- party suppliers that you visit or transact with.

12. Linking to our Platform

• (a) You may link to our homepage, provided you obtain our prior written consent. You can request our consent by sending us an email at info@ecolightup.com.au.
• (b) Your links must not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• (c) You must not establish a link from any website that is not owned by you.
• (d) The Platform must not be framed on any other site, and you may not create a link to any part of the Platform other than the home page. We reserve the right to withdraw linking permission without notice.

13. Privacy

Eco Light Up takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Eco Light Up's Privacy Policy, which is available on the Website, and subject to the laws of Australia.

14. Confidential Information

You must:

• (a) keep our Confidential Information strictly confidential; and
• (b) not make any independent use of, disclose, communicate or publish to anyone else any of our Confidential Information, unless that disclosure or use is required by law.

15. Acknowledgements

You acknowledge and agree that:

• (a) the Services are provided strictly for informational purposes and are not to be relied upon for any other purpose, such as safety or emergency purposes.
• (b) the Services do not constitute, and are not a replacement for, any safety or emergency product or service, such as a smoke alarm system.
• (c) the Services are not error-free and are not guaranteed to continue or be available at all times; and
• (d) you are responsible for, and accept all risk associated with, your use of the Services.

17. General Disclaimer

• a. all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
• b. Eco Light Up will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

• a. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third- party conduct, or theft, destruction, alteration or unauthorised access to records.
• b. the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
• c. costs incurred as a result of you using the Website, the Purchase Services or any of the Products.
• d. the Content or operation in respect to links which are provided for the User's convenience.
• e. any failure to complete a transaction, or any loss arising from e- commerce transacted on the Website; or
• f. any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

18. Limitation of Liability

• (a) Eco Light Up's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Eco Light Up is the resupply of information or Purchase Services to you.
• (b) You expressly understand and agree that Eco Light Up, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• (c) Eco Light Up is not responsible or liable in any manner for any site content (including the Content and Third-Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Eco Light Up, by third parties or by any of the Purchase Services offered by Eco Light Up.

19. Termination of Contract

• (a) The Terms will continue to apply until terminated by either you or by Eco Light Up as set out below.
• (b) If you want to terminate the Terms, you may do so by:
• a. notifying Eco Light Up at any time; and
• b. closing your accounts for all of the Purchase Services which you use, where Eco Light Up has made this option available to you.
• (c) Your notice should be sent, in writing, to Eco Light Up via the 'Contact Us' link on our homepage.
• (d) Eco Light Up may at any time, terminate the Terms with you if:
• a. you have breached any provision of the Terms or intend to breach any provision.
• b. Eco Light Up is required to do so by law.
• c. the partner with whom Eco Light Up offered the Purchase Services to you has terminated its relationship with Eco Light Up or ceased to offer the Purchase Services to you.
• d. Eco Light Up is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or e. the provision of the Purchase Services to you by Eco Light Up is, in the opinion of Eco Light Up, no longer commercially viable.
• (e) Subject to local applicable laws, Eco Light Up reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Eco Light Up's name or reputation or violates the rights of those of another party.
• (f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Eco Light Up have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

20. Indemnity

• (a) You agree to indemnify Eco Light Up, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
• a. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website.
• b. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
• c. any breach of the Terms.

21. Dispute Resolution

20.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

20.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

20.3 Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• (i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
• (ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association and the Resolution Institute or his or her nominee.
• (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
• (iv) The mediation will be held in Melbourne, Australia.

20.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

20.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

22. Venue and Jurisdiction

The Purchase Services offered by Eco Light Up are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

23. Governing Law

The Terms are governed by the laws of Victoria and Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria and Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

24. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.