Terms & Conditions - Saasplex X - Webflow Ecommerce website template

Agreement to Terms of Use

By accessing and using this Website You agree that You have read, understood and accept these Terms of Use, Our Privacy Policy, Cookie Policy and any other notices posted by Us on Our Website (“Agreement”) - please read them carefully.

If You do not agree to any of these terms then You may not access or use this Website and should immediately cease accessing and using the Website.

Definitions

'Website' means www.evari.tech and the whole or any part of the web pages incorporated into it including the layout; individual elements of the design; underlying code elements; or text, sounds, graphics, animated elements or any other content.

'Us' and 'We' refers to Evari (including but not limited to Evari Services Australia Pty Ltd, and Evari Services UK Ltd or any affiliated or subsidiary company doing business as Evari) its officers, directors, employed and contracted staff, agents, contractors and representatives and ‘Our’ has a similar meaning.

The words 'You' and 'Your' refer to users of this Website. If You are accessing and using the Website on behalf of a company (such as Your employer) or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these terms. In that case, ‘You’ and ‘Your’ will refer to that company or other legal entity.

‘Loss’ means any direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, costs (including legal costs) claims or demands, liabilities including without limitation lost profits, lost sales, lost business or revenue, loss of business opportunity, lost goodwill or reputation, loss of anticipated savings, business interruption, or lost or stolen programs or other data.

Website Disclaimer

This Website is solely intended for businesses.

We do not guarantee that the Website will be accessible at all times, or that access to and use of the Website will be uninterrupted, secure, timely or error free.

Whilst We attempt to ensure the accuracy of all information and data provided on or available via Our Website, to the maximum extent permitted by law We make no warranties, representations or guarantees (express or implied) as to its accuracy, reliability or completeness. It is provided on an “as is” and “as available” basis for general information purposes only.

We reserve the right to suspend, discontinue, modify vary add to delete or amend the Website from time to time without prior notification.

You agree that We can, in Our sole discretion and without any notice to You, terminate Your access to the Website and/or block Your future access to the Website.

Changes to these Terms

We may from time to time modify vary amend add to or delete these terms by posting changes on the Website and We may not communicate any such changes by other ways. Your use of the Website after the changes will be deemed acceptance of the current terms. You should check these terms each time You access or use the Website.

These terms were last updated on 20 February 2023.

Your Responsibilities

This Website is solely intended for businesses.

You must only use the Website in accordance with this Agreement and at all times in accordance with any and all local, national or international laws and regulations that apply.

You must not use or attempt to use the Website:

to post any content which is illegal, obscene, defamatory, or which infringes the rights of another person (including, without limitation, any unauthorised use of content which is the copyright of another person or which contains confidential information of another person);
for any purpose, that is unlawful or fraudulent;
to send, upload, or in any other way transit data that contains any form of virus or other malware or any other code designed to adversely affect computer hardware, software, technology or data of any kind; or
to gain unauthorised access to any part of Our Website, the server on which it is stored, or any other server, computer, or database connected to Our Website.

You must not attack Our Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

You agree to indemnify Us in respect of any Loss, which We may suffer or incur as a direct or indirect result of Your wilful or negligent act or omission with regard to this Agreement, the use of the Website, or any breach by You of this Agreement.

If You breach this Agreement, we may take one or more of the following actions in response:

suspend / terminate Your right to use Our Website;
issue a warning;
take legal proceedings including for reimbursement of any and all relevant costs on an indemnity basis resulting from the breach;
take further and other legal action as may be appropriate;
disclose information to law enforcement or other authorities as required or where We deem its reasonable; and/or
any other action/s We deem appropriate which are lawful.
disclose information to law enforcement or other authorities as required or where We deem it is reasonable;

We exclude any and all liability arising out of any action that we may take, including as set out above, in response to Your breach.

Intellectual Property

Except where specifically labeled otherwise, all materials, documents, information, data, images, audio, logos, trade names, brand names, trade symbols, slogans, services marks and trademarks or other intellectual property (“IP”) which We provide to You or which are contained on the Website and the copyright and other intellectual property rights in such content are the intellectual property owned by or licensed to Us and are protected by international laws.

Except as required for the purpose of accessing or using the Website as permitted in this Agreement, or as otherwise permitted under applicable legislation, You must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Website (or any related documents or materials) without Our prior written consent.

You must not use any IP which appears or is used on the Website (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such IP.

You must not create a link to any part of the Website (other than solely for Your private and non-commercial purposes) without Our prior written consent.

Third-Party Sites

Our Website may contain links to other internet websites (‘Sites’). Unless expressly stated, these sites are not owned or maintained by Us nor under Our control). These links are provided solely for Your convenience and do not imply any endorsement of that Site or of its owners, operators, or any other parties involved with it.

We make no warranties or representations about the accuracy, reliability, sustainability, content of, any products or services offered by, or the intellectual property compliance of, other Sites.

We accept no responsibility or liability for the conduct or content of those other Sites.

Virus Warning

We do not warrant or guarantee that Our Website or any data (including any file) obtained through the Website is free from computer viruses, malware, malicious software, program device or other faults or defects.

You are responsible to ensure that You use appropriate virus scanning software and to protect any hardware, software, data and other material from viruses, malware and other internet security risks.

Collection of Information and Privacy

If You decide to fill out Our form or sign up to Our newsletter via the Website We may collect some personal information from You. You may also choose to provide Us with some of Your personal information through the form or contacting Us through details listed on the Website.

If You subscribe to Our newsletter and/or updates, We will use Your email address to send the newsletter and/or updates to You. You may unsubscribe at any time by using the link in each newsletter or update. The processing is necessary for the performance of a contract between You and Us, and/or to take steps at Your request prior to entering into a contract and for Our legitimate interests namely, administering Our services and for communicating with You effectively to respond to You.

We also collect some information automatically.

We may share personal information with other companies owned or controlled by Evari including Our subsidiaries and parent company, which may be located in a country other than Your own, including Australia and the United Kingdom.
The full terms of Our privacy policy and cookie policy are incorporated into this Agreement and are available here and here.

Complaints and Disputes

Should You wish to make a complaint please contact Us using the information on this Website or email Us at hello@evari.tech. We do not have an office telephone number.

No Warranties

Except for those which are expressly specified in this Agreement, all warranties, conditions and representations (including those that are implied) relating to the Website any information on the Website, and any services that may be offered through the Website (including but not limited to the suitability of the content of this Website for any purpose, its completeness, currency or accuracy, fitness for a particular purpose, title and non-infringement) are, to the maximum extent permitted by law, excluded.

Notwithstanding the above, these terms do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred to You, or implied by, applicable legislation.

If We breach any condition or warranty implied by that applicable legislation, Our liability will (where lawfully permitted) be limited, at Our option to any one or more of the following:

a) in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and

b) in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.

Limitation and Exclusion of Liability

Subject to the paragraph above, to the maximum extent permitted by law, We exclude liability for any Loss however caused and under any theory of liability (including through negligence, breach of statutory duty, contract, tort), whether foreseeable or not, arising from out of or in connection with or in relation to this Agreement or the Website, or any services offered or supplied including any Loss arising from:

the use of the Website, or the inability to use the Website by You or any other party;
any failure of the Website or performance, error, omission, interruption, defect, delay in operation or transmission;
Your reliance on information contained on the Website or otherwise provided by Us to You (including any action taken by You as a result of such information);
any failure by Us to provide information about, or take or accept any request for the provision of services;
any failure by Us to receive any request or other message (whether placed by email, telephone, facsimile, post or electronically via the Website) sent by You (or by any other person on Your behalf) or any corruption of any such message;
interception of, or any other unauthorised dealing with, any electronic message sent by You or by any other person on Your behalf;
inaccuracy or incompleteness of any information contained on the Website;
temporary or permanent unavailability of the Website or services advertised on it;
defects in, or problems with, any computer system or communication link (including delays in electronic communication);
line or system failure;
the introduction of a computer virus, malware, malicious software, other program device or other technical sabotage or inaccuracy; or
any faults or defects transmitted through the Website, even if We are advised of the possibility or likelihood of such Loss.

Governing Law

This Agreement and the relationship between You and Us (whether contractual or otherwise) is governed by and construed in accordance with the laws in force in the state of Western Australia, Australia.

You submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this Agreement or the Website.

Entire Agreement

These terms and conditions incorporate the entire understanding between You and Us with respect to the subject matter of this Agreement and supersedes all prior oral and written communications and proposals.