Terms and Conditions

Last updated: August 10, 2023

Welcome to the Anogard™ website (www.anogard.com.au). If You continue to browse and use Our website, You are agreeing to comply with and be bound by the following Terms and Conditions of use, which together with Our Privacy Policy and website disclaimer, govern Our relationship with You in relation to Your use of Our website.By using Our website, You signify Your acceptance of these Terms and Conditions of use. For the purposes of these Terms and Conditions, “Us”, “Our” and “We” refer to Ecas4 Australia Pty Ltd, while “You” and “Your” refers to You, the client, visitor, website user, customer, or person using Our website.

Amendment of Terms

We reserve the right to change, modify, add, or remove portions of these terms at any time. Please check these terms prior to using Our website to ensure You are aware of any changes. We will endeavour to highlight any significant or substantive changes to You where possible. If You choose to use Our website, then We will regard that use as conclusive evidence of Your agreement and acceptance that these terms govern Your and Ecas4 Australia Pty Ltd’s rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to You using Our website that You agree and accept that Ecas4 Australia Pty Ltd is not legally responsible for any loss or damage You might suffer related to Your use of Our website, whether from errors or from omissions in Our documents or information, any goods or services We may offer, or from any other use of Our website. This includes Your use or reliance on any third-party content, links, comments, or advertisements. Your use of, or reliance on, any information or materials on Our website is entirely at Your own risk, for which Ecas4 Australia Pty Ltd shall not be liable.

It shall be Your own responsibility to ensure that any products, services, or information available through Our website meet Your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors, and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Ecas4 Australia Pty Ltd’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to You again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to You again.

You must be over 18 years of age to purchase any goods or services.

Links to Other Websites

Ecas4 Australia Pty Ltd may from time to time provide on its website, links to other websites, advertisements, and information on those websites for Your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Ecas4 Australia Pty Ltd and the owners of those websites. Ecas4 Australia Pty Ltd takes no responsibility for any of the content found on the linked websites.

www.anogard.com.au may contain information or advertisements provided by third parties for which Ecas4 Australia Pty Ltd accepts no responsibility whatsoever for any information or advice provided to You directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do We take any responsibility for any advice received in this regard.

Disclaimer

To the fullest extent permitted by law, Ecas4 Australia Pty Ltd absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Ecas4 Australia Pty Ltd gives no warranty that the documents, goods, or services will be free of defects.

Whilst We, at all times, endeavour to have the most accurate, reliable, and up-to-date information on Our website, We do not warrant or make any representations regarding the use or results of the use of any document, product, service, link, or information present on Our website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is Your sole responsibility and not the responsibility of Ecas4 Australia Pty Ltd to bear any and all costs of servicing, repairs, or correction. The applicable law in Your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to You but You must ensure You are aware of any risk You may be taking by using this website or any products or services that may be offered through it. It is Your responsibility to do so.

Your Privacy

At Ecas4 Australia Pty Ltd, We are committed to protecting Your privacy. We use the information We collect about You to maximize the services that We provide to You. We respect the privacy and confidentiality of the information provided by You and adhere to the Australian Privacy Principles. Please read Our separate Privacy Policy carefully.

You may change Your details at any time by advising Us in writing via email. Credit card information is not stored by Us: all financial information is stored by Our payment processor (Commonwealth Bank of Australia), and You are encouraged to review their privacy policy and contact them directly for responses to Your questions.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to Your name, Your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, We may use the information that You provide to improve Our website and services but not for any other use.

Disclosure of Information

Ecas4 Australia Pty Ltd may be required, in certain circumstances, to disclose information in the following circumstances: by law or by any court; to enforce the terms of any of Our customer agreements; or to protect the rights, property or safety of Our customers or third parties.

Exclusion of Competitors

If You are in the business of creating similar goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then You are a competitor of Ecas4 Australia Pty Ltd. We expressly exclude and do not permit You to use or access Our website, to download any documents or information from Our website, or obtain any such documents or information through a third party. If You breach these terms, then Ecas4 Australia Pty Ltd will hold You fully responsible for any loss that We may sustain, and further hold You accountable for all profits that You might make from such unpermitted and improper use. Ecas4 Australia Pty Ltd reserves the right to exclude and deny any person access to Our website, services, or information in Our sole discretion.

Copyright, Trademark and Restrictions of Use

This website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or reuse by any third party. In particular, You are not permitted to republish, upload, transmit electronically or otherwise, or distribute any of the materials, documents, or products that may be available for download from time to time on Our website.

Ecas4 Australia Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on Our website and We reserve the right to take action against You if You breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for Your personal and non-commercial use only; and You may copy the content to individual third parties for their personal use, but only if You acknowledge the website as the source of the material.

You may not, except with Our express written permission, distribute or commercially exploit the content. Nor may You transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These Terms and Conditions represent the whole agreement between You and Ecas4 Australia Pty Ltd concerning Your use and access to Our website (www.anogard.com.au) as well as Your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms, except those implied by statute and which cannot be expressly excluded, are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory, then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause, if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Services Provided

By using Our services, You agree that Ecas4 Australia Pty Ltd is not to be held liable for any decisions You make based on any of Our services or guidance and any consequences, as a result, are Your own. Under no circumstances can You hold Ecas4 Australia Pty Ltd liable for any actions You take, nor can You hold Us or any of Our employees liable for any loss or costs incurred by You as a result of any guidance, advice, materials or techniques used or provided by Ecas4 Australia Pty Ltd.

All Our information on both the website and in consultations is intended to assist You and does not in any way, nor is it intended to substitute medical, professional, financial, or legal advice. Results are not guaranteed and Ecas4 Australia Pty Ltd takes no responsibility for Your actions, choices, or decisions.

Jurisdiction

This Policy and Our website are subject to the laws of South Australia (SA) and Australia. If there is a dispute between You and Ecas4 Australia Pty Ltd that results in litigation, then You must submit to the jurisdiction of the courts of SA.