Welcome to www.eekoloks.com (the "Site"). This document constitutes a legally binding agreement between you, the user of the Site, and eekoloks® ("we", "our", or "eekoloks"), regarding your use of the Site and the services offered on it. Please read these Terms and Conditions ("Terms") carefully before using the Site.
By accessing or using the Site, you agree to be bound by these Terms. If you do not accept these Terms, please do not use the Site.
1. Changes to Terms
We reserve the right to modify or update these Terms at any time and at our discretion. Changes will take effect immediately after posting the changes on the Site. Your continued use of the Site following such changes constitutes your acceptance of the new terms. If you do not accept the changes to the Terms, please stop using the Site.
2. Privacy
Your privacy is important to us. Please read our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information.
3. Access and Use of the Site
You must be at least 18 years old to use the Site. By accessing and using the Site, you warrant that you are at least 18 years old and have the right, authority, and capacity to accept these Terms and abide by them.
You agree to use the Site only for lawful purposes and in accordance with these Terms and all applicable laws and regulations, including, without limitation, data protection and privacy laws, copyright laws, and competition laws.
You agree not to use the Site in a way that may damage, disable, overburden, or impair the Site or interfere with the use and enjoyment of the Site by third parties.
4. Intellectual Property
All content on the Site, including, without limitation, text, images, graphics, logos, icons, sounds, videos, and software, is our property or that of our licensors and is protected by applicable copyright, trademark, and intellectual property laws.
You may view, download, and print materials available on the Site for personal, non-commercial use only, provided that you do not modify such materials and retain all copyright and other proprietary notices intact.
5. Links to Third-Party Sites
The Site may contain links to third-party websites. Such links are provided for your convenience only and do not constitute an endorsement, recommendation, or sponsorship by us of the third-party websites or their content, products, or services. You agree to use such third-party websites at your own risk and to read and accept the terms and conditions and privacy policies of such websites before using them.
6. Limitation of Liability
To the maximum extent permitted by law, eekoloks shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, or goodwill, arising from your use or inability to use the Site, the products or services offered on the Site, or any other aspect relating to the Site, even if eekoloks has been advised of the possibility of such damages.
7. Indemnification
You agree to defend, indemnify, and hold harmless eekoloks, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation, attorney's fees) arising from your use of the Site, your breach of these Terms, or your violation of any third-party rights, including, without limitation, copyright, property, or privacy rights.
8. Applicable Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales, Australia.
You irrevocably agree that the courts of New South Wales, Australia, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or their formation (including non-contractual disputes or claims).
9. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
10. Waiver
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and eekoloks concerning your use of the Site and supersede all prior and contemporaneous agreements, whether oral or written, concerning the Site.
12. Use of Third-Party Tools
The Site uses tools and services provided by third parties, such as Google Analytics and Facebook, to monitor and analyse the use of the Site and improve its functionality. You agree that such third-party tools and services may collect and use your data in accordance with their respective privacy and data policies. Please consult the privacy policies of such third parties for further information on their data collection and use practices.
13. Contact
For any questions or comments regarding these Terms, please contact us at the email address: hello@eekoloks.com.
14. Complaints and Disputes
If you have a complaint or dispute concerning the Site, the products, or the services offered on it, please contact us at the email address provided in section 13. We will do our best to resolve the issue promptly and satisfactorily.
In the event that we are unable to resolve the issue, you may resort to an alternative dispute resolution mechanism, such as mediation or arbitration, or you may avail yourself of the rights and remedies provided by applicable law.
15. Additional Terms for Products and Services
Some products and services offered on the Site may be subject to additional terms and conditions. You agree to read and accept such additional terms and conditions before purchasing or using such products or services. In the event of a conflict between these Terms and the additional terms and conditions, the additional terms and conditions shall prevail to the extent they relate to such products or services.
16. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We reserve the right to assign or transfer our rights and obligations under these Terms to any third party without your consent, provided that such assignment or transfer does not prejudice your rights under these Terms.
17. Force Majeure
We shall not be liable for any delay or failure to perform under these Terms caused by events beyond our reasonable control, such as natural disasters, wars, terrorist acts, strikes, internet service disruptions, or unforeseen technical issues.
18. Language
These Terms have been drafted in the English language. In the event of a conflict between the English version and any translation into another language, the English version shall prevail.