Terms and Conditions- GIFT’D PTY LTD

Welcome to the  ECHO Web site, which is provided as a service to our customers and distributors. Please review the following terms and conditions of use, which govern your use of the Web site, hereinafter referred to as the “Agreement”. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.

Changing of Web Site We reserve the right, at any time and at our sole discretion, to modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Website Contents Unless otherwise noted, the Site, and all materials on the Site including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by ECHO and its suppliers, You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site unless you are a bona fide registered distributor of ECHO. Unless otherwise specified, the Site and the Contents are intended to promote ECHO products and services available in the countries in which it operates. The Site is controlled and operated by ECHO from its Head Office in Melbourne , Australia

Personal Information Submitted Through the Site Your submission of personal information through the Site is governed by our privacy policy, which you can access by clicking on the “Privacy Policy” link of this Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information All of the products displayed on the Site are available through ECHO or one of its distributors and their affiliates. Certain products and colour combinations are available as “discontinued ” or “clearance” products. These products may have limited quantities and sizes and no returns are accepted on these products. Any prices displayed on the Site are quoted in the local currency of the country, and ECHO has the right to change or modify the price of any item at any time at its sole discretion.

Errors, Inaccuracies, and Omissions Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Site is inaccurate at any time without prior notice (including after orders have been submitted).

Colours We have made every effort to display as accurately as possible the colours of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Disclaimer The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. ECHO expressly disclaims any duty to update or revise the materials on the Site, although ECHO may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. ECHO shall not be liable for any damages of any kind related to your use of the Site.

Indemnification You agree to defend, indemnify and hold ECHO harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Choice of Law This Agreement shall be construed in accordance with the laws of Australia without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by courts of Australia. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of ECHO right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Termination These terms are effective unless and until terminated by either you or ECHO You may terminate this Agreement at any time. ECHO also may terminate this Agreement at any time without notice at its sole discretion, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.


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