Welcome to the ekko.world Website
Any changes we make will be effective immediately upon our making such changes available on the Site or otherwise providing notice thereof. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes.
Permitted Use of Services and Information
The services made available on, by or through the Site, which include or may include, without limitation, ekko.world registration, marketplace for third-party products and services, neighbourhood maps, community forums, ecotips, message boards and involvement in ekko.world events (collectively, the "Services"), as well as any information provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the "Information"), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein.
This website including its tools, applications and services are intended solely for access and use by individual who are at least eighteen (18) years old and above. By accessing and using our website including its tools, applications and services, you warrant and represent that you are at least eighteen (18) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Without the written consent of ekko.world, no Information or any other ekko.world 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 herein.
Membership and Registration
Content, Postings and Other Submissions
As part of your use of the Site, you may participate in a range of community and public forums including posting ecotips, reviewing and commenting on small planet traders, share and neighbourhood maps. Your participation is voluntary; however, by choosing to create ecotips, neighbourhood maps, share information, post photos or comments, send any messages, submit any ideas or feedback, or otherwise participate in any ekko.world forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, 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, and you authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. 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.
ekko.world 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 ekko.world in the paragraph above, and that no ownership of such copyrights is transferred to ekko.world under these terms. Further, with respect to Content in the form of photos, and subject to ekko.world product and User experience considerations (a) ekko.world will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) ekko.world will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for ekko.world Business Purposes. “ekko.world Business Purposes” means any use in connection with a Ekko.world-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes Ekko.world, or its affiliates.
By posting or providing any Content on the Website, you represent and warrant to ekko.world 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 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, 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.
ekko.world may enable you to post ratings or reviews of small planet traders and/or their products or services on the Website (your “Reviews”). Reviews are considered Content. You may not post any reviews about a small planet trader, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the trader and/or service provider; (b) an employee, contractor, officer or director of a competitor of the trader and/or service provider; or (c) related to the trader and/or service provider in any way, including blood, adoption or by marriage. By posting a Review, you acknowledge and agree that such Content:
a) is based upon your first-hand experience with the trader, service provider or product or service that is the subject of the Review;
b) is accurate, truthful and complete.
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.
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 know or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
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 cannot and 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 Site tools and 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 Website.
ekko.world Users can use community spaces to inspire each other, share and discuss ideas. Community spaces include the ecotips, everyone’s opinions, household news, discussion, my stories, galleries, neighbourhood maps, reviews.
To make sure that ekko.world continues to be a place that’s safe and respectful, we ask that you:
a) Be over 18 years old in order to participate in community spaces;
b) Use Conversations to facilitate business and discussion. Don't use Conversations to spam or harass others;
c) Respect other Users privacy. Private or personally identifying information should not be shared in public areas of the site;
d) Don’t use any of the tools or features on ekko.world to interfere with another User’s shop;
e) Be respectful of other Users.
As a User, you have the opportunity to Report and Incident to ekko.world for anything that does not meet ekko.world guidelines. Report an Incident is confidential.
You may become a Trader at the Site and may join ekko.world sustainable community of Traders. To be eligible to join as a Traders you are required to demonstrate your sustainable business standards as part of the joining process. These credentials can be found at Standards.
Subject to and conditioned on compliance with all of the terms of this Agreement, Traders are permitted to use the Traders account/profile features and tools offered by ekko.world to promote their business in the Traders Directory and may open a Shop on the Site. All such ekko.world account/profile features and tools are subject to discontinuance or change at any time. All of the terms and conditions of this Agreement apply to your use of any such account, profile and tools, including without limitation, maintaining profile information, uploading or other posting of Content, posting of Reviews, use of ekko.world buttons, links and widgets, and indemnification obligations.
a) offer, sell and buy goods and services from other Users of the Site;
b) post and contribute Content to the Site;
c) browse the content on the Site;
d) participate in community discussion and forums.
ekko.world is not directly involved in any transaction between Users and as a result, ekko.world has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Users to sell items or the ability of Users to pay for items. ekko.world does not pre-screen Users (except to, as far as practicable, for sustainability credentials to the standard required for Small Planet Traders joining the Site) or the content or information provided by Users. ekko.world cannot ensure that a User will actually complete a transaction.
Consequently, ekko.world does not transfer legal ownership of items from any User to another User.
ekko.world cannot guarantee the true identity, age, and nationality of a User. ekko.world encourages Users to utilise the “Contact” tools available for communication between Users of the Site.
You (the User) agree that ekko.world is a portal and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you (the User), other Users, or outside parties on ekko.world. You use the ekko.world Site at your own risk.
Third-Party Products and Services
You may be provided the opportunity to purchase products and services offered and sold by third parties (“Products”) through the Site. The information provided for any Product listing is provided by ekko.world’s third-party traders, and, while we require traders to provide complete, accurate and non-misleading Product information, we do not represent, warrant or guarantee that such Product descriptions are accurate, complete, reliable, current, or error-free, and we are not responsible for, and disclaim any liability arising from or relating to, such Product listing information. All purchases of Products made by you through the Site are a direct sale and purchase between you and the applicable trader. ekko.world is not a party to such transaction, and only facilitates the transaction between you and the trader by providing a marketplace for the marketing, offering and sale of Products. Payments for Products transacted through the Site will be remitted to the trader, and the trader will be solely responsible for fulfilling and shipping your order, providing related customer support and warranty service and processing returns and exchanges. The Site will facilitate your communication with the trader for the purpose of making return, exchange or warranty requests or making claims for non-delivery, damaged goods or items not as described in accordance with any applicable terms or policies in the Product listing. In addition, the Site may alert you to any Product issues or recalls of which the trader notifies ekko.world. ekko.world does not provide any warranty on any of the Products, whether express or implied, and does not assume, and hereby disclaims, any responsibility or liability for the actions or inactions of the third-party traders of such Products, or for the Products offered, sold or provided by, any third party through the Site.
Descriptions or images of, or references to, third-party Products or publications on the Website do not imply our endorsement of such Products and publications, and we are not responsible for, and disclaim any endorsement of, any such Product or publication.
Reviews are solely the opinions of the Users that post them and none of the Reviews contain or reflect any opinions or views of ekko.world.
Acceptable Use Policy
You agree not to use the Information, Services or the Site to take any action or actions that:
a) are contrary to ekko.world's public image, goodwill or reputation;
b) infringe on our or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c) express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
d) violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
e) are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene;
f) transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information;
i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services;
j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever, except as expressly permitted herein;
k) "frame" or "mirror" any part of the Site without our prior written authorisation;
l) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
m) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of Ekko.world or its licensors or suppliers;
n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or violate in any way the Spam Act 2003;
o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine" the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents, authentication and security measures;
p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
q) execute any form of network monitoring or run a network analyser or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website's servers or any data not intended for you; and/or
r) harvest or collect information about any Site visitors or members without their express consent.
Improper use of the Information, Services and Website may result in termination of your access to and use of the Site, and/or civil or criminal liabilities.
Claims of Copyright or Trademark Infringement
The Australian Copyright Act 1968 and The Copyright Amendment Act 2006 provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Australian copyright law. ekko.world also reviews claims of trademark infringement. If you believe in good faith that materials hosted by ekko.world infringe your copyright or trademark rights, you (or your agent) may send us a Takedown Notice requesting that the material be removed, or access to it blocked. The notice must include the following information:
a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on the Site are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ekko.world to locate the material on the Site;
d) the name, address, telephone number, and email address (if available) of the complaining party;
e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that ekko.world will not respond to complaints that do not meet these requirements. If ekko.world determines that the materials alleged to infringe your copyright or trademark rights do not require removal, ekko.world will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the Copyright Act permits you to send us a counter takedown notice. Counter takedown notices must include the following information:
a) your name, address, and telephone number;
b) the source of the content that was removed;
c) a statement under penalty of perjury that you have a good faith belief that the content was removed in error;
d) a statement that you consent to the relevant for the judicial district in which your address is located and that you will accept service of process from the person who provided the original complaint; and
e) a physical or electronic signature (for example, typing your full name).
Term & Termination
This Agreement is effective from the date that you first access the Site or submit any information to ekko.world, whichever is earlier, and shall remain effective until terminated in accordance with its terms. ekko.world may immediately terminate this Agreement, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause, 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 and all limitations of liability and all ekko.world rights of ownership 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 Ekko.world to maintain and support the Site, or any part or portion thereof, during the term of this Agreement.
THE SITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE SITE, OR YOUR USE OF THE SITE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE SITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
EKKO.WORLD MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS ON THE SITE, AND EKKO.WORLD SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.
Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER EKKO.WORLD NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, SERVICE, OR LINKED WEBSITE, AS APPLICABLE. NEITHER EKKO.WORLD NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS OR SUBMISSIONS PROVIDED OR POSTED ON THE WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OR ENGAGEMENT OF, OR ASSOCIATION WITH, ANY THIRD PARTY ADVERTISING OR OFFERING PRODUCTS OR SERVICES THROUGH THE WEBSITE.
You agree to fully indemnify, defend, and hold ekko.world, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Website or other websites to which the Website is linked; and/or (d) your negligence or willful misconduct.
ekko.world makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
Dispute Resolution/Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with Queensland Law.
If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.
If any provision of this Agreement is found 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 of any remaining provisions. This is the entire Agreement between you and ekko.world relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and ekko.world with respect to such subject matter. This Agreement may not be changed, waived or modified except by ekko.world as provided herein or otherwise by written instrument signed by ekko.world. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with ekko.world's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ekko.world may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Effective 6 March 2017
Last modified 6 March 2017
Ekko Eco Pty Ltd