Terms and Conditions

Earth Ventures – Website Terms of Use

1.

Terms, acceptance and modification

1.1.

Earth Ventures Group Pty Ltd (Earth Ventures, We or Us) is the owner and operator of this website (Website).  The terms of use contained herein (Terms of Use) govern your access to, and use of, this Website its content and any information provided on or through this Website. We may from time to time and in our sole discretion modify, amend or replace these Terms of Use (Updated Terms) by including and making accessible any such Updated Terms on this Website.

1.2.

By accessing or using this Website, its content or any information provided on or through this Website, you are irrevocably agreeing to all of the Terms of Use, including all Updated Terms as are current at the time of such access or use. If you do not agree and accept these Terms of Use, you are not permitted to access or use this Website or any information provided on or through this Website.

1.3.

Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with Earth Ventures. We reserve the right to withdraw or amend the Website and any goods or services listed on the Website without notice.

2.

Third Party Websites 

2.1.

This Website may contain links to other websites (Third Party Sites), which are not operated by Earth Ventures.

2.2.

Earth Ventures has no control over Third Party Sites, provides no express or implied warranties in respect of Third Party Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of any Third Party Sites.

3.

Privacy policy

3.1.

Our privacy policy, which sets out how we will collect, hold, use and otherwise handle your information, can be found here.

3.2.

By accessing or using this Website, you consent to the terms set out in the privacy policy and warrant that all information and other data provided by you to Earth Ventures is true, accurate and complete.

4.

Privacy policy

4.1.

The intellectual property rights in Website and its content (including photographic images) made available to you on or through this Website remain the sole property of Earth Ventures or its licensors (as may be applicable).

4.2.

You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise without the prior written consent of Earth Ventures.

4.3.

Earth Ventures reserves all rights in and to this Website and its content including all intellectual property rights.

5.

Privacy policy

5.1.

We shall have no liability if for any reason if this Website is unavailable at any time or for any period. From time to time We may in our sole discretion, restrict access to some parts or all of this Website.

5.2.

The information provided on or through this Website is: 

5.2.1. is not investment, tax, account, financial product, or legal advice and does not take into account your particular circumstances, needs or objectives; and

5.2.2. is provided on a general basis only and should not be used or relied upon prior to obtaining independent professional advice. 

5.3.

Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL) or applicable legislation, the content and information displayed on or provide through this Website is provided without any guarantees, conditions or warranties as to its accuracy, reliability or suitability for any use.

5.4.

To the fullest extent permitted by law, Earth Ventures hereby expressly excludes all guarantees, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or any Third Party Sites and any information or materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

5.5.

This disclaimer does not affect Earth Venture’s liability which cannot be excluded or limited under the ACL or any other applicable law.

6.

Indemnity

6.1.

You agree to indemnify, defend and hold harmless Earth Ventures, its directors, officers, employees, consultants, agents, and affiliates, from any and all thirdparty claims, liability, damages or costs (including, but not limited to, legal fees) arising from your access or use of this Website or any information provided on or through it, or your breach of these Terms of Use.

7.

Severance

7.1.

If any part of these Terms of Use is unenforceable at law (including any provision in which We exclude or limit Our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect.

7.2.

So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.

8.

Jurisdiction

8.1.

These Terms of Use are to be governed and construed in accordance with the laws of Victoria, Australia.

8.2.

The courts of Victoria, Australia shall have exclusive jurisdiction to determine any dispute or other matter arising under or in connection with these Terms of Use.

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