Overview
By using or accessing the ethan.com.au website (Ethan Site), you agree that your use or access is subject to these Terms and Conditions, any copyright or trademark notices, and any other terms or conditions that may be displayed across the Ethan Site (together, Terms of Use).
In the Terms of Use, a reference to “Ethan”, “we”, “us” or “our” means Ethan Global Pty Ltd ACN 099 503 456 and its subsidiaries and affiliates.
Changes to our Terms of Use
We reserve the right to:
1. revise and update the Terms of Use at any time;
2. update, amend, change or remove any part of the Ethan Site; and
3. restrict or suspend your access to any part, or all, of the Ethan Site if you are in breach of the Terms of Use.
Registration may be required to access
In order to access some parts of the Ethan Site, or order products or services through the Ethan Site, you may need to register a user account. All user accounts are subject to any account terms, and these Terms of Use.
Any products or services you may order through an account will be subject to the relevant product or service terms.
You must keep your account registration details confidential. You will be responsible for any access to the Ethan Site using your registration details, even if the access is by another person.
Unlawful behaviour, infringements or offensive activity
You must not use the Ethan Site to do any of the following (each a Prohibited Act):
- knowingly transmit or use any virus, worm, trojan, or other malicious or unauthorised code or disabling feature to or via the Ethan Site;
- interfere with or disrupt the proper and intended operation of, or make unauthorised modifications to, the Ethan Site, or use any means of automatically searching or mining data from the Ethan Site;
- post offensive, defamatory, harmful, insulting, intimidating, menacing, harassing, discriminatory, unlawful, false or misleading content of any kind;
- threaten, harass, humiliate or ridicule any person, or otherwise engage in unlawful conduct;
- post personal information about a person without their prior consent or breach any privacy law;
- infringe another person’s copyright, trade mark or any other intellectual property right;
- engage in any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes; or
- attempt to do, or facilitate or encourage or assist another person to do, any Prohibited Act.
Suspension or termination of access
We may suspend or terminate your access to all, or any part, of the Ethan Site at any time in our absolute discretion, without notice, including (without limitation) if:
- we consider you have breached the Terms of Use;
- we suspect that you have engaged in, are engaging in, or are likely or intend to engage in a Prohibited Act, or your registration details have been, are being or are likely to be, used to engage in a Prohibited Act; or
- we consider it is necessary in order to comply with any law or to protect the safety of any person.
Disclaimers and copyright
Disclaimer – content: We make no warranty or representation (either express or implied) whatsoever, including as to the accuracy, reliability, suitability or otherwise in relation to any content on the Ethan Site. Your use of any content available via the Ethan Site is entirely at your own risk.
Disclaimer – third party links: The Ethan Site may contain links to websites not operated by Ethan. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Ethan Site.
Disclaimer – not fault free: We make no warranty, representation or guarantee that the Ethan Site will be continuously available, free of viruses or fault free.
Copyright, use and modification: You acknowledge that the Ethan Site and its content are subject to copyright and other intellectual property rights. The copyright is owned by Ethan or in the case of some material, third parties. You must not modify, publish, transmit, distribute, perform, purport to sell, create derivative works of, or in any way exploit, any intellectual property on the Ethan Site, whether in whole or in part, without our prior written consent.
Trade Marks: Nothing on the Ethan Site shall be construed as granting any licence or right to use any trade mark displayed on the Ethan Site.
Cookies
Cookies are small pieces of information that your web browser stores on your computer’s hard drive. We use cookies to gather data in relation to the Ethan Site. You may disable cookies on your web browser, but if you do, you may not be able to enjoy all the features of the Ethan Site.
Limitation of warranty and liability
To the fullest extent permitted by law, and except as otherwise expressly specified, neither we, nor any of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (each a Personnel or Affiliate) give any warranty of any kind, whether express or implied, about the Ethan Site, or any content, material or representations posted on, through or with respect to the Ethan Site, or about any external and third party links and sites or third party content.
To the fullest extent permitted by law you agree that:
- neither we, nor any of our Personnel or Affiliates will be liable for any claim resulting from or arising out of:
- your use or inability to use the Ethan Site, including (without limitation) due to any type of unavailability;
- unauthorised access or alterations of your transmissions to or from the Ethan Site by a third party;
- any viruses that may infect your computer equipment or other property whether by reason of your access to or use of the Ethan Site, or otherwise;
- activities resulting from the loss or misuse of your registration details;
- statements or conduct of any third party;
- any indirect or consequential loss, or any economic loss; or
- any other matter relating to the Ethan Site; and
- to the extent our liability and the liability of any of our Personnel or Affiliates, cannot be excluded, that liability, howsoever arising and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be limited to the resupply of the Products or direct damages up to the amount (if any) you have paid us for the use of the Ethan Site or the Products, as the case may be.
Each of the limitations set out above is a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
To avoid doubt, nothing in the Terms of Use limits any right or obligation that you may have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited.
Inconsistent terms
To the extent of any inconsistency, the components of the Terms of Use will be read in the following order of precedence:
- any product or service terms;
- any applicable account terms; and
- these Terms and Conditions,
such that a provision in a document listed higher in the above list shall prevail, to the extent of any inconsistency, over a provision in a document listed lower in the above list.
Breaches of the Terms of Use
If we do not act in relation to a breach of the Terms of Use by you, we do not waive any rights to act in relation to that breach or any later breach by you.
Severability
If any provision of these Terms and Conditions is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from the other provisions of these terms and shall not affect the validity and enforceability of any other provision.
Governing law
These Website Terms are governed by the law in force in the State of New South Wales, Australia.
