The Earthess Co Terms and Conditions
Effective Date 16 July 2018 V.2.0
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 Squarespace. 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 Services 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 email 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 email 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
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 Services
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 firstname.lastname@example.org.
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 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
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.
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 email@example.com]
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.
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 firstname.lastname@example.org 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.
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;
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.
If you need to contact us, please email us at email@example.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: firstname.lastname@example.org
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