TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to the Company.

In these terms, we also refer to the Company as “our”, “we”, or “us”.

What are these terms about?

These terms apply when you use this website, being ecowheels.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

·                     PART A: Terms for when you buy Products (applies when you buy)

·                     PART B: Terms for when you browse and interact with this Website (applies when you browse)

·                     PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

PART A            FOR WHEN YOU BUY PRODUCTS

1                   SUBMITTING AN ORDER

(a)                 By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

(i)                   you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii)                  you are authorised to use the debit or credit card you provide with your Order.

(b)                 Submitting an Order constitutes your intention and offer to enter into these terms, where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)                 These terms are not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

2                   PRODUCTS

2.1                CARBON ESTIMATES AND AVERAGES

(a)                 All of our Products are benchmarked using certified data and we use our best commercial efforts to ensure that any figures provided describing our Products represent as closely as possible the carbon emissions associated with the relevant vehicle.

(b)                 Subject to the above clause 2.1(a), you acknowledge and agree that any figures provided alongside or describing our Products are estimates and averages only and that it is not possible for us to provide exact figures for the carbon emissions associated with a specific vehicle due to external factors.

(c)                 We do not hold out or warrant that our Products will offset the carbon emissions of the relevant vehicle entirely and you acknowledge and accept that our Products will ensure that, on average, the carbon emitted by the relevant vehicle is accounted for in the form of carbon credits.

2.2                APPEARANCE

(a)                 We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

(b)                 Until the price of your Products is paid in full, title in those Products is retained by the Company. Risk in the Products will pass to you on delivery in accordance with clause 5. Delivery must not be refused by you.

3                    THIRD PARTY SUPPLIERS

(a)                 We may do any of the following:

(i)                   outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii)                  procure materials and Products from third party suppliers,

without further notice to or permission from you.

(b)                 In particular, you acknowledge and agree that in order to provide our Products to you we engage third party suppliers to source and apply the relevant carbon credits or certifications.

(c)                 To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

4                    PAYMENT

(a)                 All prices are:

(i)                   per unit (except where indicated);

(ii)                  in Australian Dollars; and

(iii)                 subject to change prior to you completing an Order without notice.

(b)                 (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(c)                 (GST) Unless otherwise indicated, amounts stated on the Website include GST.

(d)                 (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)                 (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f)                   (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

5                     DELIVERY AND SHIPPING

(a)                 (Delivery Costs) Delivery costs will be added to the cart upon checkout where applicable. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(b)                 (Delivery Details) The Company may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

(i)                   delivery is to the delivery point specifically accepted by the Company; and

(ii)                  we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(c)                 (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

6                     CHANGES TO YOUR ORDER

6.1                CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

6.2                CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges process in clause 6.3 may apply.

6.3                RETURNS AND EXCHANGES

(a)                 We do not offer change of mind returns.

(b)                 We will provide a full refund of the price paid for a Product if we determine that:

(i)                   a Product you have ordered was not received by you solely due to failure by us;

(ii)                  a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii)                 a Product is faulty, in which case we may provide store credit, a replacement or a full refund of the price paid for a Product.

7                     INTELLECTUAL PROPERTY

(a)                 The Company retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(b)                 In this clause 7, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

PART B            FOR WHEN YOU BROWSE THIS WEBSITE

8                     ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

9                     YOUR OBLIGATIONS

You must not:

(a)                 copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;

(b)                 use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

(c)                 use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)                 use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)                 use the Website with the assistance of any automated scripting tool or software;

(f)                   act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and

(g)                 attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)                   gaining unauthorised access to Website accounts or data;

(ii)                  scanning, probing or testing the Website for security vulnerabilities;

(iii)                 overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)                instigate or participate in a denial-of-service attack against the Website.

10                  INFORMATION ON THE WEBSITE

(a)                 While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i)                   the Website will be free from errors or defects (or both, as the case may be);

(ii)                  the Website will be accessible at all times;

(iii)                 messages sent through the Website will be delivered promptly, or delivered at all;

(iv)                information you receive or supply through the Website will be secure or confidential; and

(v)                 any information provided through the Website is accurate or true.

(b)                 We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

11                  INTELLECTUAL PROPERTY

(a)                 The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)                 You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.

(c)                 In this clause 11, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

12                  LINKS TO OTHER WEBSITES

(a)                 The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)                 Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

13                  THIRD PARTY PLATFORM

(a)                 This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

(b)                 To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

14                  SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

15                  REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C            LIABILITY AND OTHER LEGAL TERMS

16                  LIABILITY

(a)                 (Liability) To the maximum extent permitted by applicable law, the Company limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by the Company to the total Fees paid by you to the Company under the most recent Order.

(b)                 Claims for loss of or damage to Products in transit must be made against the carrier.

(c)                 Products sold by the Company, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

(d)                 All other express or implied representations and warranties in relation to Products and the associated services performed by the Company are, to the maximum extent permitted by applicable law, excluded.

(e)                 Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(f)                   (Indemnity) You indemnify the Company and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:

(i)                   breach of any third party intellectual property rights;

(ii)                  breach of any of these terms;

(iii)                 use of the Website;

(iv)                negligent, wilful, fraudulent or criminal act or omission; or

(v)                 use of any goods or services provided by the Company.

(g)                 (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by the Company (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

17                  GENERAL

17.1             GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

17.2             WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

17.3             SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

17.4             JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

17.5             ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

17.6             COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

17.7             ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

17.8             INTERPRETATION

(a)                 (singular and plural) words in the singular includes the plural (and vice versa);

(b)                 (currency) a reference to $, or “dollar”, is to Australian currency;

(c)                 (gender) words indicating a gender includes the corresponding words of any other gender;

(d)                 (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e)                 (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f)                   (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g)                 (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h)                 (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i)                   (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j)                   (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k)                 (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

18                  NOTICES 

(a)                 Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement. 

(b)                 If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 

(c)                 The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.