Terms and Conditions

Introduction

1. This Web site is owned and operated by YKON Pty Ltd (trading as ecobud^®), if for any reason you are unable to locate information you may require, please contact the Managing Director via the contact details listed below. The use of this Web site is governed by the following terms and conditions, as amended by ecobud^®  from time to time, (the "Terms and Conditions").
2. By using this Web site, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using this Web site. If you do not agree to these terms and conditions of use, do not use this Web site.
3. If any provision of these Terms and Conditions of use shall be determined to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability or any remaining provisions.

Privacy and Security

1. The Privacy Policy details who we may collect information about visitors to the ecobud^®  Web site and the use and disclosure of your personal information by ecobud^®. The privacy policy forms a part of these Terms and Conditions.ecobud^®  will use reasonable endeavours to keep confidential information provided by you, on a confidential basis, via this Web site and will not deliberately disclose any such information to any third parties without your prior authorisation. Notwithstanding the previous sentence, ecobud^®  may provide aggregate statistical, demographic and other information to third parties, provided such information does not include any data that could be used to identify individual users.
2. Please refer to our Privacy Policy for further information.

Use of Content

The individual documents provided on this Web site are copyrighted by ecobud^®  and may be printed for personal use only, provided they remain wholly unedited and unmodified. Permission to otherwise reprint, copy, download, save, electronically reproduce, or utilize any document on this Web site, in part or in whole, is expressly prohibited. The unauthorized alteration of the content of this Web site is expressly prohibited. ecobud^®, the author, employees, any company agents and representatives shall not be responsible for any claims, actions, or damages which may arise because of the unauthorized alteration of this Web site.

Copyright and Intellectual Property

1. Unless otherwise indicated, Intellectual Property in all information, data, text, graphics, images, logos and trademarks contained in this Web site is owned by or licensed to ecobud^® and all rights are reserved.
2. You must not use any trademarks, service marks or logos which appear or are used on this Web site, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
3. References to Intellectual Property include the design of, and all content appearing on, this Web site, trademarks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information and know-how, whether registered or unregistered.
4. All content on this Web site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of ecobud^® and are protected by the Copyright Laws of Australia.
5. All rights not expressly granted are reserved. Except as expressly permitted in these Terms and Conditions, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish, resell, store or otherwise deal with any part of this Web site (whether in hard copy, electronic or any other form) without prior written consent from ecobud^®  to do so.
6. For copyright information on any documents available on linked Web site, consult the copyright policy for those Web sites.

Availability

ecobud^® does not guarantee or warrant that this Web site will be accessible or available, or that access to this Web site will be uninterrupted or error free. Nothing in these Terms and Conditions obliges ecobud^®  to continue operating all or any part of this Web site. ecobud^®  may modify or close down this Web site (or part of it) at any time without any liability on our part.

Viruses

1. ecobud^® does not warrant that any data (including any file) obtained via or through this Web site is free from computer viruses, other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. ecobud^® will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Web site.
2. ecobud^® assume no responsibility or liability for any damages as a result of any viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties that may infect your computer equipment or other property on account of your access to, use of, or browsing this Web site, or your downloading of any materials, data, text, images, video, or audio from this Web site.

Cookies

Cookies are data files stored on your computer after you access certain Web sites. ecobud^® use Cookies to identify visitors when they return to our site, so that certain information already provided by you is not required to be provided again. Cookies are also used to gather data on which areas of a site you are visiting frequently and areas you are not. We use this data on which areas of our site are most popular to better plan and enhance the  ecobud^®  Web site for you. ecobud^® acknowledges that some users may wish to disable cookies. This can be done by changing your Web browser settings. To find out more about cookies, we suggest you visit an appropriate specialist Web site, such as Cookie Central.

Links to Third Party sites

1. The ecobud^®  Web site contains links to other Web sites maintained by third parties. These Web sites have not been constructed by and/or are not controlled by ecobud^®. ecobud^®  does not make any claims or representation as to the suitability or accuracy of any or all of the information contained on those Web site. ecobud^®  does not accept any responsibility or liability for the conduct of those third parties or any part of the content of those other Web site.
2. Should the ecobud^®  Web site contain a third party advertisement/s (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Web site does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by them, and for any goods or services for which you agree to purchase or acquire from those third parties.
3. ecobud^®  distribute products and services supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any of these third parties, are those of the respective author(s) or distributor(s) and not necessarily of ecobud^®. Reference on the Web site to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or preference by ecobud^®.

Content for Information Purposes Only

1. The information provided by this Web site is general in nature and is intended for educational and informational purposes only. It is not intended to replace or substitute the evaluation, judgment, diagnosis, and medical or preventative care of a physician, paediatrician, therapist and/or health care provider. Any medical, nutritional, dietetic, therapeutic or other decisions, dosages, treatments or drug regimes should be made in consultation with your preferred health care practitioner. Do not discontinue treatment or medication without first consulting your physician, clinician or therapist. The information, services, products, messages and other materials on this Web site, individually and collectively, are provided with the understanding that the ecobud^®, the author, employees, any company agents and representatives is not engaged in rendering medical advice or recommendations in any way.
2. Without limitation regarding the generality of 9.1, no content on or accessed through this Web site should be treated as constituting, nutritional or professional advice and should not be relied on as such.
3. In publishing this Web site, ecobud^®, the author, employees, any company agents and representatives make no representations express or implied, concerning the efficacy, appropriateness or suitability of any products or treatments. ecobud^®, the author, employees, any company agents and representatives of this Web site are not doctors and have no medical background or training. Statements and information regarding dietary supplements, books and any products mentioned within this site have not been evaluated by the Therapeutic Goods Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition.
4. You are solely responsible for the actions you take in reliance on the content on, or accessed through, this Web site.

Your Responsibilities

1. This Web site is general in nature and is operated to provide commercial products and services. This Web site is also intended to provide educational and informational content. You agree to use this Web site only for the purpose for which it is being provided.
2. You will ensure that all information that we hold about you is true, accurate, complete, current and in no way misleading.
3. You agree not to use this Web site for any improper, injurious, offensive or unlawful purposes.
4. You will not take any action or do anything which would or would be likely to damage our reputation or goodwill, or bring us into disrepute. You agree not to damage or disrupt the operations of this Web site.
5. You must immediately notify us of any security breach relating to the Web site (including any unauthorised use of any password or account, and any theft of any account and security information).
6. You will not use the Web site in or in connection with any business or operation that competes with our business, or for the purpose of conducting any research or testing for the purposes of such a business or operation.
7. You must not impersonate any other person when using the Web site or in connection with your use of the ecobud^®  Web site.
    

Purchasing Online

As a buyer, you agree that you have appropriately examined what you have read on this site, have had the opportunity to compare information here with other information from other sources and that the decision you make to purchase or not to purchase, is based on ample evidence, your own freedom of choice and is not the result of coercion in any form.

Stock Availability

1. ecobud^® will use its best endeavours to supply stock of products and services to you as ordered, but it gives no warranty whatsoever that such stock will be supplied when ordered or will be supplied at all and ecobud^®  will not be liable to the purchaser or any related parties for any delay or failure to supply such stock.
2. Where a Force Majeure Event gives rise to a failure or delay in ecobud^®  performing its obligations following your placing an order with us, our obligations may be suspended for the duration of the Force Majeure Event.Force Majeure Event' means an event, or a series of related events, that is outside the reasonable control of the party affected (including hacker attacks, denial of services attacks and other malicious user attacks, virus and other malicious software attacks and infections, problems with the internet or a part of the internet, third party network communication problems, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

Product title and ownership

1. All risk for the products passes to the purchaser upon delivery of those products to the nominated address on the order. The title for all products is retained by ecobud^®  until it receives payment in full for the products and /or services provided by ecobud^®.
2. Charges for shipping and any Goods and Services taxes (GST) will be included on your invoice and will be detailed prior to making any charges to your nominated credit card or any other preferred payment method.
3. Following your online purchase a conformation email will be forwarded to your nominated email address. Please check the invoice details and the following shipping and item information is correct:
   • Billing address
   • Delivery address
   • Correct items are included as per the description included
   • The correct quantity has been ordered
   • The correct invoice total is featured
   Should for any reason the information as listed above be incorrect, please contact us immediately so we can rectify any errors or omissions prior to the goods being shipped.
4. If for any reason your credit card statement shows an incorrect billing amount, please contact us immediately.
    

Warranties

1. At its election, ecobud^® may either replace or repair any defective product or refund the price paid for the product, but it will not be obliged to do so if the defect has happened by misuse or mishandling of the product by the purchaser and/or user/s. ecobud^®  acknowledges that it is bound by all statutory warranties.
2. ecobud^®  warrants that the product and/or its genuine parts/accessories are free from defects in material and workmanship, at the time of its original purchase by a consumer.
3. If during the warranty period, this product fails to operate under normal use and service, due to defects in design, materials and workmanship, ecobud^®  authorised distributors or service partners will at their option, either repair or replace the product in accordance with the terms and conditions stipulated herein.
4. ecobud^®  and its service partners reserve the right to charge a handling fee if a returned product is found not to be under warranty according to the terms and conditions below.
5. The warranty is valid with the original proof of purchase issued to the original purchaser by a ecobud^®  Authorised dealer. ecobud^®  reserves the right to refuse the warranty service if there is no original proof of purchase.
6. The warranty does not cover any failure of the product due to normal wear and tear, or due to misuse, including but not limited to use in other than the normal and customary manner, in accordance with the ecobud^®  instructions for use and maintenance of the product.
7. Nor does the warranty cover any failure of the product due to accident, hardware modification or adjustment, acts of God or damage resulting from shock and impact.
8. The warranty does not cover product failures caused by installations, modifications, repair or opening of the product performed by non-ecobud^®  Authorised personnel.
9. The warranty does not cover product failures which have been caused by use of accessories or other peripheral devices which are non-ecobud^®  branded original accessories intended for use with the product.
10. There are no expressed warranties, whether in written or oral, other than this printed limited warranty. All implied warranties,including without limitation the implied warranties of merchantability or fitness for a particular purpose, are limited to the duration ofthis limited warranty. In no event shall ecobud^®  or its licensors be liable for incidental or consequential damages of any nature whatsoever, including but limited to lost profits or commercial loss, to the full extent those damages can be disclaimed by law.

Contacting ecobud^®

ecobud^®  has available a 1300 886 373 customer access line for callers in Australia for the cost of a local call. If for any reason we are not available to take your call please leave us a message and we will return your call as soon as possible. As an alternative to a phone call you are welcome to send us an email in the Contact Us page to confirm we are available online to assist with your enquiry.

Subsequent Terms and Conditions

From time to time as may be required, ecobud^®  may be required to provide additional Terms and Conditions for any promotions or competitions which may be available to you from time to time through this Web site. Acceptance of these Terms and Conditions will be required from all entrants prior to being able to participate in such promotions or competitions. Any such additional Terms and Conditions must be read in conjunction with these Terms and Conditions and to the extent of any inconsistency, these Terms and Conditions will prevail.

Access Termination

1. If for any reason ecobud^®  is required to terminate your access to this Web site, for any reason, be it unlawful acts, inappropriate actions, termination of rights as a Member, Affiliate or Distributor, we have the right to do so at any time without notice and without any liability to ecobud^®  and/or any of its staff. Any indemnities given by you and limitations on ecobud^®  and staff's liability will survive such termination.
2. Any termination of your right to use or access any part or all of this Web site will not affect any rights which you have accrued to or have been accrued by either you or us prior to termination.

Website and Terms and Conditions changes

1. ecobud^®  may change the content described on this Web site at any time without prior notice.
2. From time to time we may change this and other Terms and Conditions as necessary and will post any such changes within this section of our Web site. If, at any time, you have questions or queries about any ecobud.com.au Terms and Conditions policy/s, please feel free to contact us via our Contact Us messaging option located on the Web site or via the contact details listed below.

Laws and Arbitration

1. In choosing to use this Web site you must comply with all applicable laws, ordinances, rules, regulations and codes of all relevant regulatory bodies in relation to your access to, or use of this Web site.
2. By using this Web site you agree that in the event of any controversy, dispute or claim arising with respect to using of this Web site, should it not settled by fair, reasonable discussion and/or resolution in the first instance, then subsequent binding mediation or arbitration will be sought. In any event previous resolution processes are unable to resolve any dispute, the matter will be settled in accordance with the prevailing rules of the judicial system of Queensland, Australia.
3. By using this Web site, you are agreeing to the conditions, terms and stipulations of the paragraphs contained herein and this paragraph. As noted, these Terms and Conditions are subject to change at any point in time. As such, please check them frequently, since they govern your use of this Web site.

Disclaimer of Liability

1. In view of the possibility of human error, neither ecobud^®  the author, employees, any company agents and representatives, nor any other party involved in providing this Web site, warrant that the information contained therein is in every respect accurate or complete and they are not responsible nor liable for any errors or omissions that may be found in this Web site or for the results obtained from the use of such information. The entire risk as to use of this Web site is assumed by the user.
2. You are encouraged to consult other sources and confirm the information contained within or linked to or from this Web site. The information you access through this Web site is provided "as is". No warranty, express or implied, is given as to the accuracy, completeness or timeliness of any information herein, or for obtaining legal advice. To the fullest extent permissible pursuant to applicable law, neither ecobud^®  the author, employees any company agents and representatives nor any other parties who have been involved in the creation, preparation, posting, or delivering of this Web site assume responsibility for the completeness, accuracy, timeliness, errors or omissions of said information and assume no liability for any direct, incidental, consequential, indirect, or punitive damages as well as any circumstance for any complication, injuries, side effects or other medical accidents to person or property arising from or in connection with the use or reliance upon any information contained herein or pages linked there from.

Miscellaneous

1. Our primary goal and mission is to source and share interesting information and new products for the free-willed. It is our intention to ethically and honestly provide this information in an open and educational manner. However, in the highly litigious world we live, these Terms and Conditions have been created to protect our and our reader’s rights.
2. As we update the information contained on our Web site we encourage you to share and engage others to review and consider if the products, services or information contained on this Web site may motivate a lifestyle change to benefit their lives. It is all about balancing the body, quietening the mind and nourishing the soul. We sincerely hope you find something useful and positive here and as always, we value your comments and suggestions.

Copyright © YKON Pty Ltd trading as ecobud^®. All rights reserved.

Email: [email protected]

Phone: 1300 886 373

YKON Pty Ltd trading as ecobud^®