Terms & Conditions
Last modified on: April 23, 2018 9:46 pm
Welcome to the Eedol.com.au the site!Before you begin to use the services on the website we need to outline to you for you to read and understand, the terms and conditions of your use of the website and Eedol services.
Through your use of the website and Eedol services, you acknowledge and agree that the Terms and Conditions constitute the rules and conditions of access to, use of and supply of information from the website.
Please take time to review this document. If you use or continue to use the website and/or services provided by Eedol you acknowledge and agree that you accept to abide by and be bound by the Terms and Conditions and any changes made by Eedol or any authorised officer, agent, employee or contractor of Eedol to the Terms and Conditions from time to time.
This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Changes to the Site or Terms
We reserve the right at any time to:
- change the terms and conditions of this Agreement, consistent with applicable law;
- change the Site, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
- deny or terminate your use of and/or access to the Site.
All terms and conditions that govern your use of the website (including disclaimers) may be amended by Eedol from time to time by posting those amendments on the website without any notice to you. Those amendments apply to your next usage of the website. You are responsible for ensuring that you regularly review the website and these Terms and Conditions. Your continued use of the website after any such changes are made will be deemed to constitute your acceptance of those changes.
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should stop using the services of Eedol and the Site immediately. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
General Information Only
The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice or to be in any way relied upon by you without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website.
Eedol and its directors, agents or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from information on the website.
Eedol does not make any representation or warranty that any user is reputable, or will act in good faith, or according to their terms of engagement; any information on the website will be complete, reliable or accurate; or your access to the website will be secure, available or uninterrupted.
Eedol disclaims and will not be liable for loss arising out of (whether directly or indirectly) and action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software.
You should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.
Information on the website is for general information only.
As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions.
Your Permitted Use of Services and Information
The services made available on the Site (collectively the "Services"), as well as any information provided through the Site (collectively, the "Information"), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No Eedol materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. Eedol’s permission to you for your use of this Site expressly excludes commercial use by you of any Information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Site.
Eedol permits you to view and print a reasonable number of copies of web pages located on the Site for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Eedol, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Eedol. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Eedol promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Eedol or others.
Access to certain functionalities of the Site will require you to register with and/or provide certain information to Eedol. If and when you register with or provide information to Eedol, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
Eedol reserve the right to modify or delete any general information you submit to the website in order to enhance the services we provide to you and other Eedol users.
To become a member of Eedol, you will nominate a username and password. Your username must be a valid email address.
You are entirely responsible for all activities that occur under your username and password. You must ensure these remain confidential at all times.
You must notify Eedol immediately by email to email@example.com if you become aware of any unauthorised use of your username and password.
Each username and password must be used by a single individual and is not transferrable.
As a business member of Eedol.com.au you’ll need to confirm your identity if you continue to quote on work for more than 2 days after first registering. If you can’t confirm your identity by then you won’t be entitled to a refund.
Eedol reserves the right to record phone calls between you and Eedol employees or Eedol agents for training purposes.
Professionals may elect to register as a professional business user and create a professional profile on Eedol. Subject to the terms of this Agreement, such users can use the features made available by Eedol to promote their business on the Site.
Feedback Ratings & Comments
Eedol allows users of the website to rate and comment on the performance of Eedol business users whose business services they have either contracted, or have experienced in the course of evaluating the business user’s suitability for a job.
Eedol reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion.
Eedol reserves the right to delete or modify feedback submitted on the website at any time for any reason.
Eedol will delete or modify if it is clear that, in the opinion of Eedol, the feedback is factually incorrect, does not relate to the provision of business services by the business to the user who submitted feedback, or is for a business that has since been sold to or taken over by new management. Feedback may also be deleted if the business in question performed the service for the customer more than six months prior to leaving feedback.
Eedol reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website.
In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Eedol accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website, and you, by these Terms and Conditions, release forever and indemnify Eedol from any liability it may incur arising out of (whether directly or indirectly) any feedback you post on the Eedol website.
Further you agree that, if you or anyone else commences or threatens any action or proceeding against Eedol or makes any claim or demand against Eedolas a result of any feedback you submit to the website, Eedol may, in it’s absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
As part of your use of the Site, you may participate in certain message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to post photos or comments, send any messages, or otherwise participate in any Eedol forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, "Content") may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Eedol and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute such Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person due to any Content posted by you to or through this Site.
Eedol acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Eedol in the paragraph above, and that no ownership of such copyrights is transferred to Eedol under these terms. Further, with respect to Content in the form of photos, and subject to Eedol product and user experience considerations: (a) Eedol will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) Eedol will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for Eedol Business Purposes. "Eedol Business Purposes" means any use in connection with a Eedol-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Site, the Services, the Information, Eedol, or its affiliates.
By posting or providing any Content on the Site, you represent and warrant to Eedol that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Eedol may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Site (your "Reviews"). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including by blood, adoption or marriage. By posting a Review, you acknowledge and agree that such Content:
- is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
- is accurate, truthful and complete; and
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sub licensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively "Products"). Such Products may be available for purchase directly from third-parties or from Eedol.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Eedol.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Eedol is not as described, then your sole remedy is to return it in unused condition
Eedol and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.
Prohibited Products Policy
Eedol maintains a very strict policy around the products that can be listed for sale on the Eedol Marketplace. All products must comply with all laws and regulations and with the Eedol Prohibited Products Policy, stated here.
Eedol strives to provide a safe and trustworthy buying experience. The following products are prohibited for sale on Eedol Marketplace:
- Illegal products
- Stolen or counterfeit products
- Used products, with the exception of truly vintage or antique products
- Recalled or defective products
- Weapons (may be acceptable in rare cases if deemed artwork or antique)
- Products using the name or brand of a company, designer, or artist in the title or description if products are not lawfully made or authorized by the named company, designer, or artist ("like a _" or "inspired by _")
- Products that infringe the copyrights, trademarks, or intellectual property or personal rights of others
- Products made of fur, excluding the following (sheepskin, lambskin, Alpaca fiber, cowhide, cow-hair) and ivory or endangered or threatened species
- Products that contain offensive, violent, obscene, cruel or inappropriate content in product names, descriptions, logos, or images, including but not limited to:
- Profanity or symbols/signs representing profanity
- Pornographic, sexually explicit, or sexually violent content
- Promotion, depiction of glorification of illegal activity
- Promotion, depiction or glorification of violence towards others or self
- Promotion, depiction or glorification of hatred, intolerance, violence, ridicule, and/or bigotry toward a group of people or the promotion of organizations fostering these views (e.g., Nazi memorabilia)
- Promotion or glorification of cruelty towards animals
It is your sole responsibility to be familiar with all products that you list for sale and understand all the laws governing their sale and distribution. All your products must comply with this Prohibited Products Policy at all times. If you sell a product that is deemed to be in violation of this policy, Eedol, in its sole discretion, may immediately remove your product listings, suspend your selling privileges, and terminate your account. Furthermore, if you are selling illegal products, Eedol may withhold payment.
Promotions & Competitions
If Eedol run promotions or competitions involving the awarding of prizes or other gifts, Eedol may modify the Terms and Conditions and implement additional terms and conditions, which will be communicated to you by posting them on the website at the time of such promotions and competitions.
Discount Codes and Promotions
Eedol may at its discretion run promotions which entitle you to a discount on services purchased through the website. A promotion will entitle you to a discount (for e.g $20 or $50 off) any 1 service you hire and pay for through the Eedol website and the following terms and conditions apply:
- Any such discount code or promotion cannot be applied to jobs posted prior to the release of any such discount code or promotion or to jobs posted after the expiry of the discount code or promotion.
- Any such discount offered will not apply to services transacted outside the Eedol website, for e.g if you pay the business in cash or via EFT or cheque.
- Discount code and promotions are not transferable or redeemable for cash.
- To apply a promo code or discount, you must visit the URL specified prior to posting your job and must pay for the service through the Eedol website.
- The promotion or discount code will be valid until the termination date communicated to you by email, on the flyer or on the landing page that you are instructed to visit for the purposes of redeeming the discount or utilising the promotion.
- If the discount code or promotion specifies a minimum price of the service, you acknowledge that such discount code or promotion will not be available to you if the service you book and pay for through the website is below that minimum value.
- A discount code or promotion is only valid for one transaction per customer.
- If the discount code or promotion stipulates that you must be a new customer of Eedol, you agree not to set up a new account for the purpose of utilising the discount code or promotion and that if we detect any fraudulent activity, you acknowledge and agree to be charged (on the credit card you use to pay for the service) an amount that corresponds to the value of the discount or promotion that you redeem in contravention of these terms and conditions.
We have the right to amend or withdraw this promotion at any time and for any reason without prior notice to you.
As a condition of your use of the website or any service provided by Eedol.com.au, you warrant to Eedol that you will not use the website of any Eedol service for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful. You agree to abide by all applicable laws and regulations.
Whilst not an exhaustive list, you agree NOT to:
- Use the website to offend others (which shall be judged in the absolute opinion of Eedol);
- Publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, nude, partially nude, pornographic, sexually suggestive photos, violent, discriminatory, hateful, unlawful, infringing content, offensive or inappropriate contents (which shall be judged in the absolute opinion of Eedol);
- Engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website;
- Use automated scripting tools or software;
- Make available, using the website, any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website;
- Use the site to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Eedol.com.au.
- Stalk, bully, abuse, threaten, harass, defame, impersonate or intimidate people or entities and you must not post private or confidential information via the website and Apps, including, without limitation, your or any other person’s credit card information, non-public phone numbers or non-public email addresses.
Eedol has no obligation to monitor your or anyone else’s use of the website. However, Eedol reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Consequences of Non-Payment
If You do not pay monies owed by the date the payment is due We will notify You and request immediate payment. If You fail to pay the overdue amount within a reasonable time as set out in the notice, We may:
- Charge You a late payment fee of $15.00
- Suspend, cancel or limit your access to the website. If We suspend or cancel your access, We may charge You a suspension fee or Cancellation Fee. If the Service is cancelled, You may have to pay a reactivation fee for the reactivation of the Service. If the Service is cancelled due to non-payment the default leading to the cancellation may be disclosed to a credit reporting agency, collection agency and may be added to Your credit file with a credit reporting agency;
- Engage a debt collection agent to recover the money You owe Us or institute legal proceedings against You to recover the money You owe Us. You must reimburse Us any reasonable costs that We incur in pursuing payment of amounts You Owe Us; and
- On-sell any unpaid amounts to a third party. If We do this, any outstanding amounts will be payable to that third party. We will notify You within 25 business days that any unpaid amounts You owe Us have been sold to a third party (or arrange for the purchaser to notify You of this).
Breaching Our Terms and Conditions
Without limiting other remedies available to Eedol at law, in equity or under this Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you if:
- we are unable to verify or authenticate any information you provide to us; or
- we believe your actions may cause legal liability to you, Eedol users or Eedol.
Termination of User’s Account with Eedol
Eedol may at its discretion terminate your use or, or access to, the website at any time. If this happens we may notify you by email. If your use of the website is terminated:
- you are no longer authorised to access the website or use any other Eedol services with the email address you used to register with the site or any other email address you possess;
- you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and
- all licences granted by you and all disclaimers by Eedol and limitations of Eedol’s liability set out in the Terms and Conditions or elsewhere on the website will survive.
Customer Support & Complaints Policy
Eedol make a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from registered users of the website according to the following policy:
- Eedol will attempt to resolve any customer complaints and answer any questions within 1 business day of the first contact made by a customer by email to firstname.lastname@example.org
- Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or Eedol business practices.
- All other complaints are reviewed by Eedol customer support representatives and may be escalated to a manager for resolution if required.
- Eedol reserves the right not to respond to customer support questions or complaints that offend Eedol employees or agents.
- Eedol reserves the right not to respond to questions or complaints made by individuals who, in the opinion of Eedol, are not current users of the website, or have been suspended from using the website.
You and Eedol agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Site or Services (collectively "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Eedol each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Eedol agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Any controversy or claim arising out of or relating to these Terms and Conditions may at our discretion be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator of the dispute.
Suspension and Termination of Business User Accounts
Business users of the website may have their access to the website and Eedol services suspended for any length of time for any breach of the Terms and Conditions, as well as, but not limited to, any of the following reasons:
- providing false or inaccurate information during business registration or when quoting on the website;
- providing false or inaccurate information to Eedol employees or agents;
- receiving in aggregate more than 2 negative feedback ratings or complaints from other website users in relation to services contracted by the users who initiate the negative feedback or complaint (2 strikes and you’re out policy);
- acting as an agent of another business or individual who is not a current paying business member of the website without the written approval of Eedol; and,
- submitting quotes via any means to any other person or entity for work that the business user is not qualified, or licenced to perform.
Cancellations of Paid Business Memberships
Users of the website that pay for membership (paying businesses) are entitled to contact, and offer quotes to, other website users who have submitted a job listing on the website matching the paying business’ industry and geographic settings.
Paying businesses can cancel their membership once their contract period is expired by calling their Account manager, or they can also email email@example.com (from the email address they use as their username to access the site)during Sydney Business hours at least 3 business days before the next billing date indicated on the account.
Paying businesses that have “PayPerLead” membership for any length of time will not be refunded for the unused portion of their membership in accordance with the Refunds Policy.
Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel online or advise Eedol of their intention to cancel their membership before 5pm on the last business day before their next membership payment is due. Eedol will publish the date of the next upcoming charges for recurring payments on the website within a paying business’ user account.
Refunds Policy (Business)
Paying businesses can access the quoting and messaging facilities on the website. Paying businesses agree that all products/services are non-refundable at the time that payment is made.
If you are dissatisfied with the website or Eedol services you are free to discontinue using the website, and as such membership fees or other payments you have made to Eedol are not subject to refunds.
In the case of an event not specifically covered in the Refund Policy, refunds will be given at the discretion of Eedol.
Refunds paid in accordance with this Refund policy will be paid within 90 business days via the same method the payment to be refunded was made to Eedol in the first instance.
Business users who claim a refund from their credit card provider or bank without contacting our Customer Support team first (unauthorised refund) will have their paid membership immediately suspended. Eedol may issue an invoice to recover up to the full value of any unauthorised refund to the relevant business user. Eedol may contract a debt collection agency or use other legal means to recover unauthorised refunds. Eedol may charge you interest plus any costs we incur as a result of collecting your payment.
As a user of the website, you indemnify Eedol for any loss or damage or costs arising (whether directly or indirectly) out of any breach of the Terms and Conditions or any other legal obligation by you or your use of or conduct on the website.
You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the eedol.com.au Web Site using your service account.
Limitation of Liability
Eedol excludes all conditions and warranties that may be implied by law. To the extent permitted by law, Eedol’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at Eedol’s option, to the re-supply of the relevant Eedol service or a refund in accordance with the Refund Policy published below.
As a user of the website, you expressly agree and acknowledge that in no circumstances will Eedol be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by Eedol) which result from:
- The use or access to or any inability to use or access the website or any material on the website;
- Unauthorised access to your user account, or internet transmissions or data; or
- Statements or conduct of any third party on the website.
- Excluding liability for negligence the maximum liability of Eedol is equivalent to the total of any amounts you have paid to Eedol in respect of goods or services supplied to you by Eedol or $500, whichever is less.
By using the website eedol.com.au you agree to abide by and acknowledge the following disclaimer.
Eedol are not involved in the actual transaction between business users and customers who contract their services after first being introduced via the website.
We have no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provider services or the ability of customers to buy services. We cannot censure and do not guarantee that a customer or business user will actual complete a transaction or act lawfully in using the website.
Eedol cannot and does not confirm each business user’s purported identity.
In the event that you have a dispute with one or more users of the website, you release Eedol (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.
Eedol sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by the users of the website.
You acknowledge and release Eedolin the event that you deal with underage persons or people acting under false pretence.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EEDOL ENTITIES TO YOU.
"EEDOL ENTITIES" MEANS EEDOL, INC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EEDOL ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- EEDOL ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, EEDOL ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT EEDOL ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the eedol.com.au Web Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the eedol.com.au Web Site. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded will be limited to the maximum extent permissible which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.
Notwithstanding the foregoing paragraph, to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers, if any, for any loss or damage arising in connection with the eedol.com.au Web Site shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$100. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the eedol.com.au Web Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.
Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the eedol.com.au Web Site, or resulting from the act or omission of any other party involved in making the eedol.com.au Web Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the eedol.com.au Web Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.
Certain services offered on the Site may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Marketplace, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of that separate agreement will control.
If you access the Site through a Eedol application, you acknowledge that this Agreement is between you and Eedol only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
You agree to accept the sole responsibility for the legality of your actions used the laws which apply to you. You agree that Eedol have no responsibility for the legality of the actions of users of the website or Eedol services.
This Agreement is effective from the date that you first access the Site or submit any information to Eedol, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Certain violations of this Agreement, as determined by Eedol, may result in immediate termination of this Agreement, and/or your access to and use of the Site, without prior notice. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all copies of information that you have obtained from the Site, whether made under the terms of this Agreement or otherwise. All disclaimers, limitations of liability, indemnitees, Eedol rights of ownership, and licenses to Eedol shall survive any termination.
We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site, or any part or portion thereof, with or without notice to you. 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 part of portion thereof. Nothing in this Agreement shall be construed to obligate Eedol to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
Advertisers and sponsors of the eedol.com.au Web Site and/or its e-newsletters have no influence on editorial content or presentation.
You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.
Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture or principal and agent.
We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the eedol.com.au Web Site. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms and Conditions. A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia).
If any clause or provision of these Terms and Conditions is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms and Conditions are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.
These Terms and Conditions are governed by the laws of New South Wales, Australia.
Last updated on 01/12/2017.
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