TERMS & CONDITIONS
By accessing or using the Site (including placing an order for the purchase of Products through the Site), you are undertaking and acknowledging to evo online that you have read and understood these materials, and agree, without limitation or qualification, to be bound by these Terms and Conditions. If this is not correct, or you do not agree to any aspect of these Terms and Conditions, please immediately leave the Site, and do not access or use it.
terms and conditions of entry for the smooth before and after competition (promotion)
- these terms and conditions of entry, including information on how to participate and prize details (terms), apply to the competition and entry into the competition is deemed acceptance of these terms.
- the promoter is evo, level 5, 12 gilles street, adelaide sa 5000 (promoter).
- the promotion period commences at 8pm eastern standard time (est) on 4th may 2017 and ends at 8pm est on 21st may 2017 (promotion period).
- entry in the promotion is only open to residents of the united states of america aged 18 years and over, excluding:
(a) management, employees, directors and contractors of the promoter, its related entities, and other agencies, firms or companies associated with the promotion (including suppliers of prizes);
(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 4(a) of these terms;
(c) persons who have won a prize or prizes valued either individually or collectively at more than $5,000 (including gst) in any promotion run by or on behalf of the promoter within the 12 months prior to the commencement of the promotion period;
(d) persons who have used or attempted to use any more than one name in order to qualify to win a promotion run by or on behalf of the promoter (except in the case of a legal change of name); and
(e) persons who have breached the terms and conditions of any promotion run by or on behalf of the promoter,
(eligible entrants). the persons referred to in paragraph 4(b) of these terms includes natural and non-natural relations (in the opinion of the promoter) and the promoter is responsible for determining whether a person is an eligible entrant in its absolute discretion.
how to enter
- entrants must be served the competition advertisement via the evo instagram page (https://www.instagram.com/evohair/).
- entrants must share a photo of their best before and after look using smooth products and use the hashtag #tamethestraystowin on instagram to be eligible.
- the competition will have two phases. phase one will be the entries from entrants submitting their before and afters, this will run for a three week period. thereafter entries will be judged and shortlisted to the top five. phase two will have the top five entries voted on by the evo community to determine the final winner.
- the promoter reserves the right, at any time, to verify the validity of entries and eligible entrants (including an eligible entrant’s identity, age and place of residence) and to disqualify any eligible entrant who submits an entry that is not in accordance with these terms or who tampers with the entry process. errors and omissions will be accepted at the promoter's discretion. failure by the promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
- the promoter reserves the right to remove or edit any content at its sole discretion. this includes:
- personal attacks or potentially defamatory comments;
- material or links posted in potential breach of copyright or for which rights cannot be established;
- potentially misleading statements;
- material that breaches advertising or community standards or codes of practice;
- material that is unrelated to the promoter, our products or subjects on the page;
- material that is offensive, threatening, abusive, racist, indecent, sexist or harassing in any way;
- material that suggests, incites or condones illegal or irresponsible behaviour; or
- material that portrays or condones the consumption of alcohol or illegal substances or breaches our marketing standards including not marketing to children.
- if there is a dispute as to the identity of an eligible entrant, the promoter reserves the right, in its sole discretion, to determine the identity of the eligible entrant.
- this promotion is a game of skill and chance plays no part in determining the winners.
judging and prizes
- all valid entries will be judged, and five will be shortlisted once phase one of the competition closes. the five shortlisted entries will be voted on by the evo community to determine the final winner.
- one winner will be determined by a vote of the evo community. the chosen winner will be required to direct message the evo hair instagram account to arrange delivery of the prize. the promoter’s decision is final.
- the winner will receive one $500 (usd) visa gift card. one (1) prize will be issued in total for the promotion. the winner will be notified via instagram direct message by 2nd june 2017.
- 15. prize claim date for a given prize is within 6 weeks of the relevant promotion period closing. if the prize is not collected within this timeframe then it cannot be claimed or refunded at a later date. prize will be delivered to the winner once the winner has been selected, and the winner has contacted the promoter and informed the promoter of their (the winner’s) nominated delivery address. prize can be shipped to any valid delivery address in the united states of america.
- only one entry is permitted per person.
- eligible entrants can only enter the promotion in their own name.
- prizes are not transferable, exchangeable or redeemable for cash. prize must be taken as offered and may not be varied.
- the promoter shall not be liable for the prize being lost, stolen, damaged or tampered with in any way before it reaches the winner.
- if the promoter is unable to provide a winner with a nominated prize, the promoter reserves the right to supply an alternative prize of similar monetary value to the nominated prize
- the promoter accepts no responsibility for any entries not received for any reason during the promotion period.
11. the prize winner will be:
(a) notified by direct message on instagram; and
(b) asked to private message the evo hair @evohair instagram account to confirm their contact details; and
(c) provided they have supplied relevant details, published in a post on the evo hair instagram page on 22nd may 2017.
- in the event that for any reason whatsoever the winner does not take the prize at the time stipulated by the promoter then that prize will be forfeited by that winner and cash will not be awarded in lieu of the prize. the promoter reserves the right to distribute the unclaimed prizes to the next best ranking entry or entries (as applicable), as determined by the promoter in its sole discretion. winners of an unclaimed prize will be notified via instagram.
- if, for any reason, the promotion is not capable of being run as planned, including due to tampering, unauthorised intervention, fraud or any other causes beyond the control of the promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, the promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to state and territory regulations, including cancelling, terminating, modifying or suspending the promotion.
- the promoter is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, technical problems or traffic congestion on the internet or any website, or any combination thereof (including, but not limited to) any injury or damage to participants or any other person’s computer related to or resulting from participation in or downloading any materials in this promotion.
- acceptance and use of the prize is subject to terms and conditions imposed by those involved in providing goods and/or services as part of or in connection with the prize
- any eligible entrant who, in the opinion of the promoter, tampers or interferes with the entry mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the promotion, or who does not properly comply with the entry process, will be ineligible to win.
- incomplete, illegible, indecipherable or incorrect entries are not eligible to win.
- the promoter reserves the right to disqualify entries in the event of non-compliance with these terms. the promoter's decisions in relation to all aspects of the promotion are final and binding on each entrant and no correspondence will be entered into.
- the promoter collects personal information about entrants to include entrants in the promotion and where appropriate award the prize. if the personal information requested is not provided, the entrant cannot participate in the promotion. by participating in the promotion, each entrant consents to disclosing their personal information to the promoter and the promoter using, and disclosing their personal information to the promoter's related entities, the promoter's agencies and other third parties engaged to provide services in connection with the promotion (including suppliers of prizes for use for, the following purposes:
(a) contacting the entrant in relation to the promotion;
(b) improving the promoter's or the promoter's related entities' goods and services; and
the entrant provides this consent until such a time as they withdraw their consent by giving notice to the promoter. withdrawal of consent by an entrant will disqualify the entrant from the promotion unless the promoter, in its sole discretion, determines otherwise. entrants can also gain access to, update or correct any personal information held by contacting the promoter at the details listed in paragraph 2 of these terms. all personal information will be stored at the office of the promoter.
- by entering the promotion, entrants agree and acknowledge:
(a) they may be contacted by the promoter (or an agent of the promoter) to provide comments about the promotion and the promoter (or an agent of the promoter) may take photos or recordings of them;
(b) the promoter may use any comments obtained from them, their name, and/or likeness and any photos or recordings taken of them (the materials) for the promoter's future promotional and marketing purposes without further reference or compensation to them;
(c) the promoter may duplicate, alter, adapt and utilise the materials as the promoter wishes at any time, anywhere, and by any means (including communicating them to the public in any media, including media not yet in existence). the promoter may license, authorise or otherwise transfer the rights in the materials to others to do the same;
(d) they grant to the promoter on creation of the materials a royalty free, perpetual, exclusive and irrevocable licence to use the materials for whatever purpose it determines;
(e) they unconditionally and irrevocably:
(i) consent to any act or omission that would otherwise infringe any of their moral rights in the materials (as defined in part ix of the copyright act 1968 (cth) and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given (moral rights); and
(ii) waive all moral rights in the materials that arise outside australia; and
(f) they agree not to institute, maintain or support any claim or proceeding for infringement of their moral rights in the materials.
- the promoter accepts no responsibility for any tax liabilities that may arise from winning or receiving the benefit of the prize.
- entrants agree and acknowledge that all entries and any intellectual property rights subsisting in their entries become and remain the property of the promoter.
- all costs associated or arising in connection with the prize are the responsibility of the prize winner.
- each entrant acknowledges and agrees that it is a condition of participation in the promotion that the entrant be capable of agreeing to these terms and giving the consents contained herein.
(a) promoter, the promoter's related entities, and all agencies associated with the promotion; and
(b) the employees, agents, directors and contractors, of all entities referred to in paragraph 35(a),
shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the promotion or the acceptance or use of, or participation in, the prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
- entrants acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, instagram.
- entrants acknowledge that any information they provide in connection with the promotion is provided to the promoter and not to instagram.
- any questions, comments or complaints regarding the promotion will be directed to the promoter, not to instagram.
- entrants release instagram and their associated companies from all liability arising in respect of the promotion.
evo online attempts to be as accurate as possible when describing its Products on the Site; however, to the extent permitted by applicable law, evo online does not warrant that the Product descriptions, colours, information or other any other aspect of the content available on the Site is accurate, complete, reliable, current, or error-free.
The following terms and conditions apply to all orders ("Orders") for products available for purchase from evo online ("Products") that are placed through this Site.
Prices and Payments
Unless otherwise indicated, all Product prices stated are in Australian Dollars. Except as otherwise expressly indicated, all prices displayed on the Site include any relevant taxes or duties, but exclude handling and delivery charges. Handling and delivery charges will be calculated once you have selected your preferred delivery options and will be displayed on-screen for you at the checkout, just before you are asked to confirm and submit your Order. You agree to pay all taxes and duties (including sales taxes such as GST), handling and delivery charges in respect of any Products you order.
evo online reserves the right to change or alter prices of Products without notice. The price payable by you for a Product will be the price applicable on the date you submit your Order.
The price payable for Orders, including all sales taxes including GST, handling and delivery charges ("Price") will be charged in full at the time an Order is placed. Payment must be cleared before Products will be dispatched for delivery.
You must pay for Products using a credit card of a type accepted by evo online, as indicated on the Site. evo online does not accept cheque, money orders, cash, electronic funds transfers, or any other form of payment for Products. For security, if you pay by credit card, evo online requires that your billing name and address match that of the credit card used for payment, and reserves the right to cancel any Order which does not meet this requirement.
evo online uses the online payment gateway systems, Pin operated by Southern Payment Systems Pty Ltd, to facilitate the making of payments through the Site. If you do not agree to use of Pin you will be unable to purchase Products through the Site. evo online is not responsible for the operation of Pin and separate terms and conditions apply to these. evo online recommends that you read and review these prior to making any purchase. If you do not agree with any of the terms and conditions which apply to Pin, you must not submit an order for Products via the Site (and if you have submitted an order, you must immediately cancel it).
All Products displayed on the Site have been included in good faith on the basis that the Products as described will be available at the time of sale.
If a Product is not in stock at the time of your Order, you will be notified this by email, and advised of the expected shipment date. Your Order will be fulfilled by evo online once new Product stock is received. You may at any time prior to shipment cancel an Order for a backordered item, as specified in Section (f) below and a refund for the Price of the Product will be made to you.
From time to time, evo online may make available certain new Products for advanced purchase. These Products will be dispatched as soon as they are available. evo online will keep you updated as to the status of any advance purchases of Products you make through the Site via email. Your Order will be fulfilled by evo online once stock of the new Product is received.
You must be at least eighteen (18) years of age to place an Order for Products through the Site. By submitting an Order, you warrant and represent that you are at least 18 years old.
The information available on the Site constitutes an invitation to treat, and does not constitute an offer by evo online to sell any Products to you.
By submitting an Order for Products and making payment of the Price through the Site, you are making an Offer to evo online to purchase the Products selected for the Price paid, on these Terms and Conditions to the exclusion of all others. A contract between you and evo online, for the supply by evo online and the purchase by you, of the Products selected in your Order will come into effect only once your Order has been accepted by evo online. The contract will be regarded as being concluded in Australia.
You acknowledge and agree that your Order will only be considered to have been accepted when you have been provided with confirmation of receipt of your Order. If you do not receive such confirmation within 24 hours of placing your Order, your Order will be deemed to be rejected by evo online (except where non-receipt by you of a confirmation during this period is due a technical difficulty), and you will be refunded the payment of the Price you have made in full. In the event that your Order is cancelled following acceptance, you will be refunded the payment you have made in full.
evo online reserves the right to refuse to accept Orders, or to cancel Orders once accepted, in its sole discretion. evo online will notify you, if any Order you place is cancelled or rejected.
Please ensure that the delivery address and recipient details listed in your Order are accurate and complete, as Orders and details are unable to be changed once an Order has been placed. The Vendor and its delivery partners used to deliver Orders will not accept responsibility for late delivery, or non-delivery, due to incomplete or incorrect details being provided.
In any single Order, you may purchase up to six (6) of any Product. At all times, the total value of any single Order for the purchase of Products you place must not exceed $750 (excluding any applicable taxes and handling and delivery charges).
Products are only available for delivery in Australia.
evo online uses third party delivery agents and services, including postal services, to deliver Products, and therefore accepts no responsibility for late delivery, or your failure to receive Products which have been dispatched by it for delivery to your nominated delivery address.
The amount of handling and delivery charges payable by you will depend upon the delivery option you select at the time of ordering Products, and will be charged to you in full at the time your Order is placed.
Risk in the Products will pass to you upon dispatch. Title to the Products will pass to you once your payment has been cleared and received by evo online.
Certain Products sold by evo online require special handling, in accordance with applicable laws and regulations. These requirements affect the manner of delivery of these particular Products. evo online may therefore on occasion be unable to dispatch products for delivery to nominated addresses, and evo online reserves the right to cancel Orders which are affected by the applicable requirements.
Returns and Cancellation of Orders
If at any time you are not completely satisfied with the Products ordered via the Site, simply return the unused and unopened portion of your Products by following the process set out below. evo online will be happy to exchange the items for other Products of your choice which have an equivalent purchase value to the returned Products.
To return and exchange Products, please contact us and we will let you know what you need to do.
You are responsible for meeting the costs of returning Products for exchange, and risk in the Products being returned remains with you until they are received by evo online.
Unless the procedure set out in this Section is followed, (subject only to applicable law, and without affecting Section (o) below), evo online will not accept Product returns, and will not refund the Price of Products once purchased by you.
Once placed and accepted by evo online, Orders may cancelled by you at any time prior to the dispatch of Products to you. To cancel your Order, please contact us.
In the event that you elect to cancel your Order, evo online will refund to you the Price you have paid. In no circumstance can you cancel your Order once Products have been dispatched to you. However, you can exchange Products as described above in this Section.
You can choose to register an account at the Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you must select a username and password for your account, and are solely responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer and account. When creating and using your account, you must at all times ensure your account information is current, complete, accurate and truthful.
You agree to accept sole responsibility for all activities that occur under your account, username and/or password, including but not limited to all purchases of Products. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as principal to all aspects of these Terms and Conditions, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for any damage, costs, liability or other harm caused by any wrongful use of the Site or any Content resulting from such access or use.
You acknowledge and agree that you are liable to evo online and other Vendors (as applicable) for any losses or damage sustained by them directly, indirectly, consequentially, or in any other way, as a result of any unauthorised use of your account, username or password, and you may be similarly liable to other third parties. For the avoidance of doubt, you acknowledge and agree that evo online and other Vendors (as applicable) assume no responsibility or liability for losses, damages, claims and other harm or causes of action resulting from unauthorised use of your account, username or password.
evo online and other Vendors (as applicable) reserve the right to refuse to sell Products or to provide access to the Site or services and/or to terminate accounts at any time without prior notice, including but not limited to if you or someone using your account breaches any aspect of these Terms and Conditions.
All information and content available on the Site, including but not limited to all intellectual property rights in the domain www.evohair.com and other domain names, trade marks (including but not limited to "EVO"), logos, text, images, graphics, photographs, data compilations, software, and modifications and updates to this material which may be made from time to time (collectively, the "Content") is the sole and exclusive property of evo online and/or one of its related entities, and is protected by Australian and international laws, including laws governing copyright and trade marks.
Except as permitted by the licenses provided for in Section (j) below, neither the Content nor any portion of the Site can be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without evo online's express prior written consent.
evo online grants you a limited, revocable, and non-exclusive licence to:
access and make use of the Site, the functionality it offers and Content for your personal use or for the purposes of purchasing Products for use in your hairdressing business. The Site cannot be used for any other purposes (including but not limited to commercial purposes other than purchasing Products for use in your hairdressing business) without the prior written authorisation of evo online; and
create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of evo online's Content; (ii) must not imply that evo online is endorsing that website or its services or products; (iii) must not misrepresent its relationship with evo online; (iv) must not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) must not portray evo online or its Products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate evo online with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. evo online can, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you must immediately remove and not again include such link, unless you receive written authorisation from evo online. In the exercise of the licences granted to you by evo online, you must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site or any Content.
The licences set out above are granted to you by evo online in good faith, and do not include the right to:
frame or utilise framing techniques to enclose the Site or any portion thereof;
republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);
make any use of the Site or any and/or all Content other than personal use, or for the purposes of purchasing Products for use in your hairdressing business;
modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content;
collect account information for the benefit of yourself or another party;
use any meta tags or any other "hidden text" utilising any and/or all Content; or
use any form of data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Site or evo online's infrastructure.
Any unauthorised use by you of the Site or any and/or all of evo online's Content, or any other breach or contravention of these Terms and Conditions, automatically terminates the licences granted to you by thisSection without prejudice to any other remedy available to evo online.
Your Obligations and Responsibilities
When accessing or using of the Site, you must comply with these Terms and Conditions, and any other instructions for access or use posted on the Site, and must at all times act lawfully and in good faith.
You must not make any change or alteration to the Site, its functionality or any Content, and must not interfere in any way with the operation or functionality of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you negligently or wilfully contravene any of your obligations under these Terms and Conditions, you will be liable for all the losses and damages that your actions cause to evo online, its related entities, affiliates, partners, authorised distributors, licensees, or licensors (which for the avoidance of doubt includes other Vendors), and must indemnify evo online, its related entities, affiliates, partners, authorised distributors, licensees, or licensors for any losses and damages sustained in accordance with Section (p) below.
Your Submissions, User Content, and Notification of Infringements
By making a Submission, you represent and warrant to evo online that you own or otherwise control the rights to it, and that it is lawful and does not contain any viruses or similarly harmful material. You must not use a false email address, impersonate any person or entity, or otherwise mislead evo online as to the origin of any Submission, and agree to indemnify evo online for all claims arising from or in connection with any claims to any rights in any Submission or any damages or losses arising from any Submission.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials, regardless of whether or not this is done through your account, username or password ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission.
You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site Submissions or User Content that:
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, breaches the privacy of another person or is racially, ethnically or otherwise objectionable;
you do not have a right to make available;
is known or suspected by you to be false, inaccurate or misleading;
for which you were paid or otherwise compensated by another party; or
infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party. You also agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters and mass mailings.
You further agree not to:
impersonate any third party, or falsely state or otherwise misrepresent your affiliation with any person or entity;
"stalk" or otherwise harass any third party via the Site;
intentionally or unintentionally violate any applicable law; or
access, collect or store personally identifiable data about other visitors to the Site.
evo online does not endorse or control the User Content transmitted or posted on the Site and therefore, does not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, there is a possibility that you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will evo online be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content made available via the Site.
evo online reserves the right to change or delete any User Content. You acknowledge that evo online has the right (but not the obligation) in its sole discretion to refuse to post User Content, or to remove any posted User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, evo online has the right to delete any User Content that violates these Terms and Conditions or is otherwise objectionable, and reserves the right to refuse to sell Products, provide service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
evo online respects the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes an infringement of intellectual property rights (including copyright) infringement, please contact us and notify evo online of a claimed infringement, stating the relevant details including identification of the original, and allegedly infringing material, your contact information, a statement that you are reporting the alleged infringement in good faith, and a statement that you are the owner of the relevant intellectual property rights, or authorised by such owner to act on his/her behalf.
Third Party Sites
evo online and other Vendors are not responsible for the content of any off-Site websites or pages, including but not limited to any other websites linked to or from the Site ("Third Party Sites"), and make no warranties regarding any aspect of Third Party Sites. Links to Third Party Sites contained on the Site are for convenience only and are not an endorsement by evo online, its related entities, affiliates, distributors or partners (including other Vendors, for the avoidance of doubt) of the referenced content, product, service, or supplier. You acknowledge and agree that accessing any Third Party Sites is an activity undertaken by you at your own risk. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit.
Special Features, Functionality and Events
Representations and Warranties
The Site is presented "as is". evo online and other Vendors make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions, the products or the Site, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You warrant that you have authority to enter into and to perform your obligations under these Terms and Conditions, and that you have the ability to perform, and will perform, your obligations under these Terms and Conditions.
To the extent permitted by law:
evo online excludes all warranties, terms, conditions and guarantees regarding the Products and any other goods or services supplied to you which are implied by law (including general law) or custom; and
you warrant and represent that you are located in the territory in which your Products are to be delivered, and are relying on your own skill and judgement in relation to the quality of any Products purchased through the site, their fitness for any purpose that may be required and not upon any conduct or representation by evo online, its related entities, affiliates, partners, authorised distributors, licensees and licensors (including for the avoidance of doubt other Vendors) or any of their respective officers, employees or agents.
Indemnity and Limitation of Liability
You agree to indemnify evo online and its related entities, affiliates, partners, authorised distributors, licensees and licensors (including for the avoidance of doubt other Vendors) and each of their respective officers, employees and agents (referred to as "those indemnified") from and against any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products (including but not limited to their purchase, delivery and use). You agree to defend, indemnify and hold those indemnified harmless for any loss, damages or costs, including reasonable legal costs on a solicitor-own client basis, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions (including a breach of any warranties provided by you under Section (o)).
To the extent permitted by law, you unconditionally free, release and discharge those indemnified from any claim or cause of action (including in contract, tort or under statute) arising in connection with the Products or your use of the Site.
You agree that, to the fullest extent permitted by applicable law, those indemnified will not be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of Third Party Site links on the Site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during purchase of Products or hyperlinks to or from Third Party Sites (f) any inaccuracies or omissions in content (g) events beyond the reasonable control of those indemnified or (h) any loss of any kind whatsoever connected with the Products including without limitation, for indirect or consequential loss (including loss of profits or loss arising from any non-delivery, failure, defect or deficiency in the Products) even if due to the negligence of any of those indemnified, or arising out of or in connection with the Products.
Further, to the fullest extent permitted by law, those indemnified will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Site or your use of it (including but not limited to your purchase of Products) regardless of the form of action, whether in contract, tort (including negligence) or otherwise, and even if advised of the possibility of such damage.
evo online and the other Vendors, as applicable, acknowledges and agrees that certain legislation in the territory in which the Products are sold and delivered may imply certain non-excludable guarantees, warranties and conditions into particular agreements for the supply of goods and services, which cannot be excluded, restricted or modified ("Non-Excludable Guarantees"). The Vendors do not exclude, restrict or modify any Non-Excludable Guarantees and nothing in these Terms and Conditions is intended or is to be construed as doing so, or affects any remedies available to you at law and which cannot be lawfully excluded by evo online or any Vendor, including in respect of any of the Non-Excludable Guarantees which may be applicable.
Notwithstanding anything to the contrary in these Terms and Conditions, to the extent legally permitted, the liability of evo online and other Vendors, and evo online's other related entities, affiliates, partners, authorised distributors, licensees and licensors, and each of their respective officers, employees and agents, to you (including in respect of any Non-Excludable Guarantees that may be applicable) is limited to either (at evo online/the Vendor's sole discretion) (a) in the case of goods, including the Products - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired or (b) in the case of services – re-supplying the services, or paying to you the cost of having the services re-supplied.
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer electronically including without limitation by e-mail or by posting notices on this Site. To withdraw your consent to receive Notices electronically, you must notify evo online and contact us to discontinue your use of this Site. If you discontinue your use of the Site, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section (j) above, will automatically terminate.
These Terms and Conditions are governed by the laws of the state of South Australia. You expressly submit to the exclusive jurisdiction of the courts of South Australia in respect of all matters arising in respect of these Terms and Conditions.
You acknowledge and agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and the Vendor (as applicable), and you and evo online, concerning your use of the Site and any purchase of Products which you make via the Site, and supersede and takes precedence over all prior communications and agreements between the parties.
evo online may at any time, in its sole discretion, change these Terms and Conditions by posting the changes on the Site. Any changes are effective immediately upon posting to the Site, or at such future time as may be indicated in the posting. Your continued use of the Site after a change has been posted to the Site constitutes your agreement to the revised Terms and Conditions. While evo online will make all reasonable attempts to provide you with notice of any changes in accordance with Section (q), you acknowledge and agree that to the extent permitted by law, evo online is under no obligation to notify you when these Terms and Conditions are amended, and that your continued use of the Site will constitute and signify your acceptance of any amendments made from time to time.
You acknowledge the right of evo online and other Vendors as relevant to take action against you to prevent a breach of these Terms and Conditions and further acknowledge that damages may not be an appropriate remedy in those circumstances. You expressly agree and acknowledge that you are not authorised or permitted to bind evo online or any other Vendor in any way whatsoever in relation to any contract or agreement with any third party, and agree that you will do all things necessary to give full effect to these Terms and Conditions and any transactions contemplated by them.
evo online may, with or without prior notice and with or without cause, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice issued by evo online to you, including, as applicable, by ceasing all use of the Site. The failure by evo online or another relevant Vendor to require your performance of any provision of these Terms and Conditions will not affect its right to require such performance at any time thereafter, and nor will its waiver of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself.
The relationship between you and evo online, and you and any other Vendor, is one of independent contractors, and nothing in these Terms and Conditions will be construed as creating any agency, partnership, or other form of joint enterprise or fiduciary relationship between the parties.
Every provision of these Terms and Conditions is independent of the other. In the event that any provision of these Terms and Conditions is unenforceable or invalid under any applicable law, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole. Rather, any provision which is prohibited or unenforceable in any jurisdiction will be ineffective to the extent only of such prohibition or unenforceability, and the other provisions will continue in full force and effect.
Data Security and Fraud Prevention
Industry standard security protocol Secure Sockets Layer ("SSL") is used to encrypt all sensitive information (like your credit card details) that passes between your computer and the Site, and is transmitted to Pin (as selected by you) for your payment to be processed. The latest 128-bit encryption technology is employed in all areas of the Site which require you to provide your personal, payment or account information. This means that the credit card information you send is encrypted by your computer, and then decrypted, preventing others from accessing your private information in transit. The same process applies when your information is transmitted to pin (as appropriate) to enable processing of your payment. Accordingly, when your provide credit card information on the Site, it is passed directly to pin (as selected by you) via an SSL secured payment gateway and is at no stage permanently stored on the Site , in evo online's database or on its servers.
Questions, Comments and Concerns
If you have any questions, comments or concerns regarding these Terms and Conditions, please contact us.