Holiday Break: We will be closed from the 20th Dec to the 8th Jan :) Happy Holidays all!

The Earthess Co

Effective Date: 16th July 2018

Refund Policy

  • Returns
    Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange. You are responsible for the shipping costs of returns.

    To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
    Damaged goods must be returned with 48h of receiving them in order to be eligible for a replacement.
    Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.
    Additional non-returnable items:
    Gift cards
    Downloadable software products
    Digital products
    Tickets to events or gatherings
    Some health and personal care items
    To complete your return, we require a receipt or proof of purchase.
    Please do not send your purchase back to the manufacturer.
    There are certain situations where only partial refunds are granted (if applicable)
    Book with obvious signs of use
    CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened
    Any item not in its original condition, is damaged or missing parts for reasons not due to our error
    Any item that is returned more than 30 days after delivery
  • Refunds (if applicable)
    Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
  • Late or missing refunds (if applicable)
    If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@theearthessco.com.
  • Sale items (if applicable)
    Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
  • Exchanges (if applicable)
    We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@theearthessco.com and send your item to: 3/56 Lysaght Street Coolum Beach QLD 4573 Australia.
  • Gifts
    If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.
  • Shipping
    To return your product, you should mail your product to: 3/56 Lysaght Street Coolum Beach QLD 4573 Australia. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Earthess Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from theearthessco.com (the “Site”).

  • PERSONAL INFORMATION WE COLLECT
    When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.

    We collect Device Information using the following technologies:
    - “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
    - “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
    - “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
    - Google anaylytics

    Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, paypal, email address, and phone number. We refer to this information as “Order Information”.
    When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.
  • HOW DO WE USE YOUR PERSONAL INFORMATION?
    We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
    - Communicate with you;
    - Screen our orders for potential risk or fraud; and
    - When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
    - [[INSERT OTHER USES OF ORDER INFORMATION]]
    We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
  • SHARING YOUR PERSONAL INFORMATION
    We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
  • BEHAVIOURAL ADVERTISING
    As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

    You can opt out of targeted advertising by using the links below:
    - Facebook: https://www.facebook.com/settings/?tab=ads
    - Google: https://www.google.com/settings/ads/anonymous
    - Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
    - [[INCLUDE OPT-OUT LINKS FROM WHICHEVER SERVICES BEING USED]]
    Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
  • DO NOT TRACK
    Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
  • YOUR RIGHTS
    If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
  • DATA RETENTION
    When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
  • CHANGES
    We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
  • MINORS
    The Site is not intended for individuals under the age of under 13 .
  • CONTACT US
    For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at info@theearthessco.com or by mail using the details provided below:

    Earthess
    [Re: Privacy Compliance Officer]
    Info@theearthessco.com
    Unit 3/56 Lysaght Street Coolum Beach QLD 4573 Australia

TERMS OF SERVICE

  • OVERVIEW
    This website is operated by Earthess. Throughout the site, the terms “we”, “us” and “our” refer to Earthess. Earthess offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
  • SECTION 1 - ONLINE STORE TERMS
    By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
  • SECTION 2 - GENERAL CONDITIONS
    We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  • SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
  • SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
    Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
  • SECTION 5 - PRODUCTS OR SERVICES (if applicable)
    Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve 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 right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
  • SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
  • SECTION 7 - OPTIONAL TOOLS
    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
  • SECTION 8 - THIRD-PARTY LINKS
    Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  • SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  • SECTION 10 - PERSONAL INFORMATION
    Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
  • SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
    Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
  • SECTION 12 - PROHIBITED USES
    In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  • SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Earthess, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  • SECTION 14 - INDEMNIFICATION
    You agree to indemnify, defend and hold harmless Earthess and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  • SECTION 15 - SEVERABILITY
    In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • SECTION 16 - TERMINATION
    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
  • SECTION 17 - ENTIRE AGREEMENT
    The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
  • SECTION 18 - GOVERNING LAW
    These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
  • SECTION 19 - CHANGES TO TERMS OF SERVICE
    You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
  • SECTION 20 - CONTACT INFORMATION
    Questions about the Terms of Service should be sent to us at info@theearthessco.com.

The Earthess Co App

Effective Date: 16th July 2018

Terms Of Service

  • Introduction
    The Earthess Co (the"Publisher") app (the"App") is a mobile platform for the Publisher’s users like you ("you", and"your") that enables you to access Publisher- related content alongside social and interactive features. The App is provided by Disciple Media Limited ("we","us" and"our"), on behalf of the Publisher, company number 08075740, whose place of business is at Atrium Building, Stables Market, London, NW1 8AH, United Kingdom (email info@theearthessco.com) These Terms of Service ("Terms") and the associated Privacy Policy apply to your use of the App. The Publisher is also the Data Controller for the purposes of any personal data you provide. For information on how we and the Publisher (as Data Controller) use your personal data, please see the associatedPrivacy Policy. You must review and accept these Terms before you can use the App. Unless otherwise specified in the App details on the applicable App Store, to use the App you must be 18 or older (or be 13 or older and have your parent or guardian's consent). We license use of the App to you on the basis of these Terms and subject to any rules or policies applied by any App store provider or operator from whose platform you download the App (“App Store”). We do not sell the App to you. We remain owners of the App at all times, but please note that the content provided by the Publisher via the App is owned by and remains the responsibility of the Publisher.
  • Changes
    We may occasionally make changes to the App or these Terms. If we do, we'll notify you either by updating the Effective Date of these Terms listed above and via the App. You must accept these changes in order to continue using the App. You should stop using the App if you disagree with any changes to the App or these Terms. From time to time we may issue updates to the App via the App Store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and reviewed and accepted any new terms.
  • Accessing the App and the content on the App
    You may access the App by downloading and installing the App to your device from the App Store. Although we are working to ensure that the App is compatible across various devices, we cannot guarantee that the App will work with all devices. You should check the minimum requirements and specifications (including memory space and operating system) as set out in the App details on the applicable App Store before downloading the App. We will endeavour to support the two most recent versions of the operating systems available in the market – for example, if iOS 11 is the current version, we will aim to support iOS 10 and iOS 11). To download the App, you will need a valid App Store account (as applicable to your device). It is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the App and any or all content on the App may be restricted from time to time to allow for repairs, maintenance or updating. It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or Internet service data access) that you may incur using the App. Your use of the App and enjoyment of its features and content hosted or made available through the App may vary in functionality, availability and quality depending on the type of device and operating system and any restrictions imposed by our content providers.
  • Your Use of the App
    In consideration of you complying with these Terms, we grant you a non- transferable, non-exclusive, revocable licence to use the App on your device(s) and to view the content contained on the App for your personal, non-commercial use, subject to and in accordance with these Terms, the Privacy Policy and the applicable App Store rules, which are incorporated into these Terms by reference. You agree:
    a. that you will not use the App for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the App;
    b. that you will not access or attempt to access the accounts of other users of the App;
    c. that you will not impersonate any person, or misrepresent your identity or affiliation with any person;
    d. not to post or transmit through the App any content which is or could reasonably be viewed as:
    i. hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise;
    ii. inciting violence, or containing nudity or graphic or gratuitous violence;
    iii. advertising or promoting a third party or your own products or services;
    iv. an unauthorised commercial communication of any kind (including, without limitation, spam);
    v. fraudulent, inaccurate or misleading, or is otherwise objectionable content of any kind;
    vi. infringing or violating someone else’s rights or otherwise violates the law;
    vii. identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy, or
    viii. containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App, or any computer software or hardware or telecommunications equipment.
    e. that any content you post or upload to the App or otherwise make available via the App is owned by you and does not breach the requirements set out in section 4(d)(i)-(viii) above;
    f. to refrain from doing anything which is defamatory, offensive, damaging or which we believe might damage our reputation, or that of the App, a provider of services accessed through the App, or the Publisher;
    g. not to copy the App or any content on the App except where such copying is incidental to the normal non-commercial use of the App, or where it is necessary for the purpose of back-up or operational security;
    h. not to make alterations to, or modifications of, the whole or any part of the App or any content on the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
    i. not to infringe our intellectual property or the Publisher’s or our other licensors’ intellectual property in relation to your use of the App;
    j. that you are solely responsible for your interactions with other users and users through the App;
    k. that you will not collect other users’ and users' content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders or scraping techniques) or otherwise, without our prior written permission;
    l. that any content you upload or post to the App (with the exception of private messages, which are confidential in nature) will be considered non- confidential and non-proprietary and that such content may be viewable by any users of the App (whether registered or unregistered). You will own your content, but you hereby grant us, our licensee’s and any third parties and other users of the App (each as we determine) a perpetual, irrevocable, royalty-free, transferrable, sub-licensable, worldwide licence to use, store and copy that content and to distribute it and make it available to third parties via any and all media, including, without limitation, the right for us to upload and make available and to authorise third parties to upload and make available such content on third party sites and services, including social media applications and channels such as Facebook, Twitter, Pinterest, YouTube, Instagram and on the Publisher’s own websites;
    m. that you waive any moral rights or equivalent rights in any jurisdiction in relation to any content that you upload or post to the App and that we can use such content without referencing you as the author of such work and that we can adapt and amend such content in our sole discretion;
    n. to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms;
    o. to keep your password secure at all times and not to disclose your password to any other person;
    p. not to allow any other person to use or access your account; and
    q. to comply with all laws applicable to you.
  • Termination
    We may terminate these Terms and close your account at any time without notice if we cease to provide the App. In addition to our right to remove any content from the App, we reserve the right to suspend, restrict or terminate your access to the App at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. We also reserve the right to disable your account at our reasonable discretion. Suspension, restriction or termination of your access to the App will not limit our right to take any other action against you that we consider appropriate. You may close your account and terminate your agreement with us at any time by emailing us at [email info@theearthessco.com]
  • Intellectual Property
    You acknowledge that the App, the content provided on the App and all copyrights, patents, trademarks, trade secrets, source code, object code and other intellectual property associated therewith are, and shall remain, the property of us or our licensors. You are not granted any intellectual property rights in or to the App or the content on the App except as expressly set out in these Terms. You are not authorised to use our or the Publisher’s logos or trade marks or trade names (whether registered or unregistered) in any manner. You may only use the App for personal, non-commercial purposes. We also use third party software, full details of which can be found here for Android and here for iOS.
  • Licensing
    The service and content provided through the App and the App itself are our property or the property of our licensors. You are strictly only entitled to use the App, and consume content made available through the App, in accordance with these Terms. The App and any other software made available to you via the App is licensed (not sold) to you, meaning that we or our licensors continue to own all copies of the App and other software when it is installed on your device. We may freely assign these Terms or any part of them, but you may not assign your rights under these Terms, or any part of them, nor may you sub-license your rights under these Terms, to any third party. These terms do not grant you any rights to use any of our, our licensors’ or the Publisher’s intellectual property, such as trade marks, domain names, logos or other branded features, which belong to us and our licensors respectively.
  • User Generated Content and Moderation; Notice and Takedown
    We respect the intellectual property rights of others and expect users of the App to do the same. As part of the functionality of the App we may allow you and other users to upload, transmit, send content, data, ideas, communications and other materials to the App (“User Generated Content”). You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. We are under no obligation to, and we do not, review such materials for the purposes of determining copyright infringement. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice. We also have the right to moderate User Generated Content and user accounts based on the Community Guidelines within the App. We also reserve the right to terminate access to the App if we believe a user is posting infringing material or if a user has breached our Community Guidelines. If you are a rights holder and you believe that your copyright is being infringed by any material on the App, please contact us via email at info@theearthessco.com or in writing to The Earthess Co, ADDRESS Unit 3/56 Lysaght Street Coolum Beach QLD 4573 Australia Coolum Beach Qld 4573 . with a copy to FAO: Legal, Disciple Media Limited, Atrium Building, Stables Market, London, NW1 8AH, United Kingdom stating the following: a. your contact details; b. identification of the material to which the complaint relates and which appears on the App, which is reasonably sufficient to permit us to locate the material; and c. proof that you are the rights holder and a statement that you are the rights holder or are an authorised representative.
  • Personal Data
    For information on how we and the Publisher (as Data Controller) use your personal data, please see the associatedPrivacy Policy.
  • Our Legal Obligations
    Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence or fraud. We are not responsible for:

    a. losses, damage, costs or expenses not caused by our breach of these terms;
    b. the actions or omissions of any Publisher or our licensors introduced to you through the App;
    c. the actions or omissions of other users of the App;
    d. any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms;
    or
    e. any harm, loss or damage suffered by you or anyone else if the App is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure). For any loss or damage suffered by you or anyone else that may arise from use of the App and which is not otherwise excluded under this section 11, to the extent permitted by law our liability is limited to £100.
  • Disclaimer and Technical Limitations
    We do not endorse or take any responsibility for statements, advertisements or any content whatsoever transmitted through, or linked to from or via, the App by other users or third party service providers. We are not responsible for any transaction you may enter into with a third party via the App and it is up to you to decide whether or not to do so. The App and the service provided through it is provided without express or implied warranty or condition of any kind, on an "as-is" basis, subject to applicable law. You agree that you must evaluate, and that you bear all risks associated with, the use of the App, including without limitation, any reliance on the accuracy, completeness or usefulness of any materials available through the App. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. You acknowledge and accept that your access to the App is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the App may be subject to limitations, delays and other problems inherent in the use of such networks and facilities. We disclaim all warranties with respect to the App including, but not limited to, the warranties of non-infringement and title. We give no warranty that your use of the App will be uninterrupted or error free, that the information obtained from the App will be accurate, complete, current, or reliable, that the quality of the App will be satisfactory to you, or that errors or defects will be corrected. You acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the App, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the App.
  • Third party sites or services
    The App may include and link to features, websites and services (such as the Publisher’s own website and social applications like Twitter, Facebook, Pinterest, YouTube and Instagram) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to use of that third party service will apply and we will not be responsible for anything that is done or not done by you or the third party service provider in connection with your use of their service. We recommend that you check the applicable third party service’s terms and conditions of use and sale before using such third party service or purchasing any products or services.
  • Contacting Us
    If you need to contact us, please email us at info@theearthessco.com or write to us at Disciple Media Limited, Atrium Building, Stables Market, London, NW1 8AH. Please note that we are only responsible for the App and do not represent the Publisher. If we have to contact you, we will do so by e-mail to the address you provide to us when you signed up for the App or via the App. To contact the Publisher, please write to: The Earthess Co Unit 3/56 Lysaght Street Coolum Beach QLD 4573 Australia Coolum Beach Qld 4573 Tel: 0433 173 598 Email: info@theearthessco.com
  • Disputes
    Unless otherwise required by applicable law, any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction to hear any claims made in relation to these Terms. If the court in your country will not apply the laws of England and Wales, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in England and Wales, then your local law and jurisdiction will apply to such disputes related to these Terms.
  • Other Important Legal Terms
    You may not transfer your rights or obligations under these Terms to anyone else. If you breach these Terms and we take no action against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations. These Terms are not intended to give rights to anyone except you and us. Except as otherwise expressly stated, these Terms and our Privacy Policy contain the entire agreement between us, the Publisher and you relating to use of the App and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us, the Publisher and you relating to use of the App.

Privacy Policy

Updated on: 16th July 2018; Version : 1.0

Thanks for downloading the The Earthess Co App. In order for you to participate in this App We will need you to review this Privacy Policy and the associated Terms of Service. Thank you. This Privacy Policy has been created to help you understand the personal data which we may collect, how we intend to securely process and store that data, and the rights you have in relation to your personal data. Along with the Disciple Media Terms and Conditions of Use, this Privacy Policy makes up our agreements with you as a user of our App, and we need to ensure you understand that agreement.

  • Introduction
    This Privacy Policy will help you to understand what information We collect and process using the official The Earthess Co Application (and related Website used to support account management and sharing of posts on social media and other platforms), hereinafter referred to as “the Service”, and the choices and rights you have in connection with your personal information. In this Privacy Policy when we refer to ‘The Earthess Co’, ‘We’, ‘Us’ or ‘Our’ we are referring to The Earthess Co of the Unit 3/56 Lysaght Street Coolum Beach QLD 4573 Australia, telephone 0433 173 598, email info@theearthessco.com, the “Data Controller” for this Service. The Data Controller is responsible for determining the processing purposes of your personal data, and the content and related services or features which are made available to you from using this Service.
  • What is the Purpose of this Service?
    The purpose of this Service is to allow [COMMUNITY PURPOSE].
  • Where do we collect personal data about you from?
    We may collect personal data about you from the following sources:
    ● Directly from you. This is information you have voluntarily provided whilst entering your personal details on the Service.
    We do not collect personal data about you from:
    ● From an agent/third party acting on your behalf.
  • What Information Do We Collect and Why?
    We will only ever collect the information We need to enable us to undertake the specific information processing activities noted later in this section.
    We collect and process two distinct kinds of information:
    ● non-personal information such as the pages you have accessed, helping Us to determine how many people use Our Service, how many people visit on a regular basis, and how popular each of Our pages are. This information doesn't tell Us anything about who you are or where you live. It simply allows Us to monitor and improve Our service.
    ● personal information such as your IP address, email address, username, password, approximate location and any optional information you may choose to provide to Us as part of your experience within the Service (e.g. text, photograph, meme).
    When you first open the App, you will be invited to register. On iOS we currently allow you to skip registration, though you will be unable to post, or comment until you have done so. Similar functionality for the Android App is coming in the near future. Should you decide to register we ask for the following information:
    ● Email address – we use this to send you a welcome email, and any service related communications such as resetting your password or verifying your email address. We will not send you any marketing or third-party messages unless you have explicitly provided your consent for Us to do so.
    ● Your name/username – we ask for a username so that if you make any posts or comments that these are attributable to you. Other users will also be able to search for you by name, and it will be shown on your public profile page. You do not need to use your real name, though we generally encourage it.
    ● A photo – this is optional, but if you add one this will be shown next to any posts and comments you make, as well as on your public profile page.
    ● A password – we store this in a secure one-way encrypted system. If you forget your password, you may request that it be reset, and we will send an email to you with instructions on how to do so.
    Once registration is complete, and you have verified your email you may, if you choose, post, and comment in the App. Please bear in mind that any posts and comments you make are in the public domain and may be viewed by non-registered users in the App and on public web pages. You may also send friend requests to other users and, should they accept, you will have the ability to send one-to-one and group messages to them. These messages are completely private between you and any other recipients and are not monitored. As you use the App We will keep track of what sections you have visited, so that We can highlight sections or content to you that you may have missed. We also use this data in an aggregated form to understand how popular the App and its different sections are so that We can improve the service. This data is never shared with anyone and is only used for Our internal purposes. We record the last IP address you accessed the service from so that We can protect the service from malicious access. As part of this We may look up the approximate location of the IP address such as country and city. Your decision to disclose your personal information to Us is entirely voluntary. If you do not provide the personal data necessary, or withdraw your consent for the processing of your personal data, you may not be able to access or use the App. We will only retain your personal information for as long as you are a registered user of the Channel. We comply with all legislative and regulatory information retention requirements and will securely and permanently delete your personal information when there is (a) no justification for its further retention, or (b) you have asked Us to delete it. Personal information collected on this site may be shared with the Artist, the Artist’s record label, or any service providers contracted to operate this site, or those contracted to perform promotional and marketing activities on the Artist’s behalf. These contractors have agreed with us to use personal information of site visitors only for the purposes of carrying out these operations and/or activities.
  • Children’s Personal Data
    This Service, and any services available from it, are not directed to users under the age of 13. If you learn that a user under the age of 13 has provided Us with their personal information without having parental or guardian consent, please contact Us (see Section 11) immediately so we can take appropriate action.
  • User Data Rights
    If you are based in the EU, under the General Data Protection Regulation you have several rights connected to the provision of your personal information to Us from using the Service.
    1. The right to be informed
    You have the right to be provided with clear, transparent and easily understandable information about how We use your information and your rights. This is why We’re providing you with the information in this Privacy Policy.

    2. The right of access
    You have the right to obtain access to your personal information (if We’re processing it), and certain other information such as the reasons why we are processing or storing it. This is so you’re aware and can check that We’re using your personal information in accordance with data protection legislation and your agreement.

    3. The right to rectification
    You are entitled to request that your personal information is promptly corrected if it’s identified as being inaccurate or incomplete.

    4. The right to erasure
    This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information under certain circumstances where there’s no compelling reason for Us to keep using it. This is not a general right to erasure; there are exceptions.

    5. The right to restrict processing
    You have rights to ‘block’ or suppress further use of your personal information. When processing is restricted We can still store your information but may not be able to process it further. We maintain lists of people who have asked for further use of their personal information to be ‘blocked’ to make sure the restriction is respected in future.

    6. The right to data portability
    You have rights to obtain and reuse your personal data for your own purposes across different services. For example, if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between Our IT systems and theirs safely and securely, without affecting its usability.

    7. The right to object to processing
    You have the right to object to certain types of personal data processing, including processing for direct marketing activities.

    8. The right to lodge a complaint
    You have the right to lodge a complaint about the way We have handled or processed your personal data with your national data protection regulator.

    9. The right to withdraw consent
    If you have given your consent to anything We do with your personal data, you have the right to vary or withdraw your consent at any time (although if you do so, it does not mean that anything We have done with your personal data with your consent up to that point is unlawful). This includes your right to withdraw your consent to Us using your personal data for marketing purposes. We usually act on validated requests and provide the requested information or activity free of charge, but by law we are allowed to charge a reasonable fee to cover Our administrative costs of providing the information for:
    ● baseless or excessive/repeated requests, or
    ● further copies of the same information.
    Alternatively, there are reasons why We may be entitled to refuse to act on the request. Please consider your request responsibly before submitting it. We’ll respond as soon as We can. Generally, this will be within one month from when We receive your validated request but, if the request is going to take longer to deal with, We will let you know. To contact Us please see Section 11 below. If We do not address your request or fail to provide you with a valid reason why We are unable to do so, you have the right to contact your national data protection regulator.
  • International Transfers of Personal Data
    As We have described above, to be able to provide you with the Services We may transfer your personal data to partners in different countries. These countries’ privacy laws may be different from those in your home country. Should We transfer data to a country which has not been deemed to provide adequate data protection standards We always have security measures and approved model clauses in place to protect your personal data. If you are based in the EU, by voluntarily submitting your personal data to us you consent to these international transfer. If you later wish to withdraw your consent, please contact the Data Controller using the details in Section 11.
  • Use of Cookies
    Cookies are small text files sent by websites to your web browser and sent back to them each time you access or use the site, and may be necessary for the site to function. They are unique to you or your web browser and may contain personally identifiable information as well as technical information (e.g. your device manufacturer and model, screen resolution, internet service provider, browser, and geo-location data). Session-based cookies last only while your browser is open and are automatically deleted when you close the browser. Persistent cookies last until you or your browser delete them, or until they expire. When using this Service, you should be aware that the App element of the Service does not use cookies. We do maintain recognition of Log In, but this is not managed by cookies. Third- party websites which we, or other users, may link to might however include cookies. These are outside of our control and we cannot guarantee their behaviour. These sites may use both session-based and persistent cookies, dependent upon the functionality in those sites. However, when posts are shared from the App into social media, the webpages in the Service that support this feature do use cookies to anonymously gather metrics on which pages are the most popular. Further information about cookies can be found at >Interactive Advertising Bureauor Out-Law's.
  • External Links
    The Service includes relevant hyperlinks (posted by us or App users) to external websites which are not directly controlled by Us. Whilst all reasonable care has been exercised in selecting and providing such links, you are advised to exercise caution before clicking any external links. We cannot guarantee the ongoing suitability of external links, nor do we continually verify the safety or security of the contents which may be provided to you. You are advised, therefore, that your use of external links is at your own risk and We cannot be responsible for any damages or consequences caused by your use of them.
  • Changes to this Privacy Policy
    We may change this Privacy Policy from time to time, and if We do so, you will be notified at your next available interaction with the Service, at which time you will be provided with the updated Privacy Policy to review and consent to before you are able to continue using the Service.
  • Contacting the Data Controller
    If you have any questions about this Privacy Policy, would like to exercise any of your statutory rights or to make a complaint, please write to: The Earthess Co Unit 3/56 Lysaght Street Coolum Beach QLD 4573 Australia Coolum Beach Qld 4573 Tel: 0433 173 598 Email: Info@theearthessco.com