Terms of service

Terms of Service

Overview

Welcome to Evergro Gear. The terms "we", "us" and "our" refer to Evergro Gear.

Evergro Gear operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a convenient online shopping experience (the "Services").

Evergro Gear is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced on our website, describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, responsibilities, warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

Section 1 – Access and Account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants under your supervision to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information such as your email address, billing information, payment information and shipping information.

You represent and warrant that all information you provide is accurate, current and complete, and that you have the necessary rights to provide that information.

You are responsible for maintaining the security of your account credentials and for all activity conducted through your account.

You may not transfer, sell, assign or license your account to another person.

Section 2 – Our Products

We make reasonable efforts to provide accurate descriptions, images and representations of the products offered through our online store.

However, colours and product appearance may differ slightly from how they appear on your screen due to differences in devices, displays, lighting and settings.

Product images may include lifestyle or illustrative images showing examples of how a product may be used. Please refer to the individual product description for the specific quantity, dimensions, specifications and items included with your purchase.

All product descriptions, specifications, prices and availability are subject to change from time to time.

We reserve the right to discontinue products or limit quantities available for purchase where reasonably necessary.

Nothing in this section limits any rights or consumer guarantees that apply under the Australian Consumer Law.

Section 3 – Orders

When you place an order through our store, you are making an offer to purchase the products included in that order.

Evergro Gear reserves the right to accept or decline an order where reasonably necessary, including where a product is unavailable, pricing information is incorrect, payment cannot be processed, fraud is suspected, or delivery cannot reasonably be completed.

Your order is not accepted until payment has been successfully processed and we confirm your order.

Please review your order carefully before submitting it. If you need to cancel or amend an order, please contact us as soon as possible.

If we are unable to accept, fulfil, modify or cancel an order as requested, we will attempt to contact you using the email address, billing details or telephone number provided when the order was placed.

Returns, refunds and exchanges are subject to our Return and Refund Policy and your rights under the Australian Consumer Law.

Section 4 – Prices and Billing

Prices, discounts and promotions may change from time to time without prior notice.

The price charged for a product will be the price displayed at the time the order is placed and will be shown in your order confirmation.

Prices displayed on our Australian online store are in Australian dollars (AUD) and include applicable GST unless otherwise stated.

Shipping charges, where applicable, are displayed separately at checkout.

Prices offered through our online store may differ from prices available through third-party marketplaces, promotional channels or other sales channels.

We may offer promotions or discounts from time to time that are subject to separate promotional terms. If there is a conflict between the terms of a particular promotion and these Terms of Service, the promotional terms will apply to that promotion.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store.

You agree to promptly update relevant information where necessary so that we can process transactions and contact you regarding your order.

You represent that you are authorised to use any payment method provided for your purchase and agree to pay the applicable product price, shipping charges and taxes shown at checkout.

Section 5 – Shipping and Delivery

Delivery timeframes are estimates only and may be affected by carrier delays, peak periods, weather, destination, oversized-item handling or other circumstances outside our reasonable control.

Shipping options, estimated delivery times and applicable charges are displayed at checkout where available.

Certain oversized or unusually long products may require alternative delivery arrangements or additional shipping charges.

If your order is delayed, lost or damaged in transit, please contact us at evergrogear@gmail.com so that we can assist.

Further information about delivery is available in our Shipping Policy.

Section 6 – Intellectual Property

Our Services, including trademarks, branding, text, images, graphics, product content, video, audio, layout, design and other materials, are owned by Evergro Gear, our licensors or other applicable rights holders and are protected by Australian and applicable international intellectual property laws.

These Terms permit you to use the Services for your personal and lawful use.

Unless otherwise permitted by law or with our prior written consent, you must not reproduce, distribute, modify, publish, display, republish, download, store, transmit or commercially exploit material from the Services.

Nothing in these Terms grants you any licence or ownership rights in any patent, trademark, copyright or other intellectual property belonging to Evergro Gear, Shopify or any third party.

Unauthorised use of the Services may breach applicable intellectual property laws.

Evergro Gear names, logos, product names, service names, designs and slogans may be trademarks or other intellectual property of Evergro Gear or relevant rights holders and must not be used without appropriate permission.

Shopify's name, logo, product names, service names, designs and slogans are trademarks of Shopify.

All other names, logos, product names, service names, designs and slogans appearing through the Services remain the property of their respective owners.

Section 7 – Optional Tools

We may provide access to tools, applications or services supplied by third parties.

We may not monitor or control those third-party tools and provide access to them on an "as is" and "as available" basis.

To the extent permitted by law, we are not responsible for losses arising solely from your use of optional third-party tools that are outside our reasonable control.

Your use of third-party tools is at your own discretion and may also be subject to the relevant third party's terms, conditions and privacy practices.

We may introduce new features, tools or resources through the Services from time to time. Unless otherwise stated, those features will also form part of the Services and will be subject to these Terms of Service.

Section 8 – Third-Party Links

The Services may contain links to websites, content or services provided or operated by third parties.

We are not responsible for examining or evaluating all third-party content, products, services or websites that you choose to access.

If you leave our Services to access a third-party website, you should review that third party's terms, privacy policy and other applicable policies before entering into a transaction.

Complaints, concerns or questions relating specifically to products or services supplied by a third party should generally be directed to that third party.

Nothing in this section limits any rights you may have under applicable law.

Section 9 – Relationship with Shopify

Evergro Gear is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our store are made directly with Evergro Gear.

By using the Services, you acknowledge that Shopify is not the seller of products purchased from Evergro Gear and is not responsible for the fulfilment of orders or the products supplied by Evergro Gear.

To the extent permitted by applicable law, Shopify and its affiliates are not responsible for losses, claims or liabilities arising directly from transactions between you and Evergro Gear.

Nothing in this section excludes any rights or remedies that cannot lawfully be excluded.

Section 10 – Privacy Policy

Personal information collected through the Services is handled in accordance with our Privacy Policy, which is available on our website.

Because the Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access to and use of the Services in order to operate and improve the Shopify platform.

Certain information submitted through the Services may be transmitted to Shopify and other service providers, including providers that may process information in countries outside Australia, where necessary to provide the Services.

Shopify's privacy practices are described in its applicable privacy policies.

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.

Section 11 – Feedback

If you submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, proposals or other content relating to Evergro Gear or the Services ("Feedback"), you grant us a worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback for legitimate business purposes, including operating, improving and promoting our Services.

You represent that:

  1. you own or have the necessary rights to provide the Feedback;

  2. you have disclosed any compensation or incentive received in connection with the Feedback where required; and

  3. the Feedback does not infringe the rights of another person or breach applicable law.

We may monitor, edit or remove Feedback that we reasonably believe is unlawful, misleading, offensive, abusive, defamatory, infringing or otherwise inappropriate.

You must not submit Feedback containing malicious software, false information about its origin, or content that infringes another person's intellectual property, privacy or other legal rights.

You remain responsible for the accuracy and legality of Feedback you provide.

Section 12 – Errors, Inaccuracies and Omissions

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, delivery estimates or product availability.

We reserve the right to correct errors or inaccuracies and to update information where reasonably necessary.

Where an error materially affects an order you have already placed, we will take reasonable steps to notify you and provide an appropriate resolution in accordance with applicable law.

Section 13 – Prohibited Uses

You may access and use the Services only for lawful purposes.

You must not use the Services, directly or indirectly:

  • for unlawful, fraudulent or malicious purposes;

  • in breach of applicable laws or regulations;

  • to infringe intellectual property or other legal rights;

  • to harass, abuse, threaten, defame or harm another person;

  • to transmit false, deceptive or misleading information;

  • to upload or distribute material that does not comply with these Terms;

  • to distribute spam, phishing material, malware or other harmful content;

  • to impersonate another person or entity; or

  • to interfere with another person's use or enjoyment of the Services.

You must also not:

  • upload or transmit malicious code;

  • reproduce, duplicate, copy, extract, sell or exploit portions of the Services without authorisation;

  • improperly collect or track personal information relating to others;

  • attempt to bypass security, authentication, robot exclusion or access-control measures;

  • use automated tools in a manner that breaches these Terms or applicable access restrictions; or

  • interfere with the proper operation of the Services.

We may restrict or terminate access to the Services where we reasonably believe these Terms have been materially breached.

Section 14 – Agents

This section applies where software or services acting autonomously or semi-autonomously on behalf of a person or entity ("Agents") access or interact with the Services.

Agents must comply with applicable technical requirements, access controls and usage restrictions.

Agents must not conceal their automated nature, improperly bypass CAPTCHAs or other security measures, or circumvent measures intended to restrict or control automated access.

Where technically required, an Agent must identify itself accurately in accordance with applicable platform or service requirements.

We may limit or restrict automated access where reasonably necessary to protect the Services, users or security of the platform.

Section 15 – Termination

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been materially breached, fraudulent or unlawful conduct is suspected, or continued access creates security or operational risk.

Any amounts properly owing in relation to orders placed before termination remain payable.

Provisions that by their nature are intended to continue after termination, including provisions relating to intellectual property, liability, privacy, indemnification and governing law, will continue to apply.

Section 16 – Disclaimer of Warranties

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law.

Information provided through the Services is made available for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not guarantee that all general informational content will always be complete, current or error-free.

Except for guarantees, warranties, rights and remedies that cannot lawfully be excluded, the Services are provided on an "as is" and "as available" basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure or error-free.

Nothing in this section excludes any statutory guarantee relating to products or services supplied to consumers under the Australian Consumer Law.

Section 17 – Limitation of Liability

To the extent permitted by law, and subject always to rights, consumer guarantees and remedies that cannot lawfully be excluded under the Australian Consumer Law, Evergro Gear and its officers, employees, contractors and service providers will not be liable for indirect, incidental, special or consequential loss arising from use of the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or restricts liability where doing so would be unlawful.

Nothing in this section affects your rights to a repair, replacement, refund, compensation or other remedy where available under the Australian Consumer Law.

Section 18 – Indemnification

To the extent permitted by law, you agree to indemnify Evergro Gear, Shopify and their respective affiliates, officers, employees, contractors, licensors and service providers against reasonable losses, liabilities, claims and legal costs arising from:

  1. your material breach of these Terms of Service;

  2. your unlawful use of the Services; or

  3. your infringement of the rights of a third party.

This indemnity does not apply to the extent that a loss results from our own unlawful conduct, negligence or breach of applicable law.

Section 19 – Severability

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue to remain valid and enforceable to the extent permitted by law.

Section 20 – Waiver and Entire Agreement

A failure by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.

These Terms of Service, together with policies and other terms incorporated by reference, constitute the agreement governing your use of the Services.

Nothing in these Terms excludes any rights or obligations that cannot lawfully be excluded under applicable law.

Section 21 – Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.

We may transfer or assign our rights and obligations in connection with a sale, restructuring or transfer of our business, provided that doing so does not unlawfully reduce your rights.

Section 22 – Governing Law

These Terms are governed by the laws of Queensland, Australia.

Nothing in this section limits any rights, consumer guarantees, remedies or jurisdictional rights available to consumers under the Australian Consumer Law or other applicable laws.

Section 23 – Headings

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of the Terms.

Section 24 – Changes to These Terms

The most current version of these Terms of Service will be available on this page.

We may update these Terms from time to time to reflect changes to our Services, business practices or applicable laws.

Where required by applicable law, we will provide notice of material changes.

Changes will apply from the effective date stated or, where no date is stated, from the date the updated Terms are published.

Section 25 – Contact Information

Questions about these Terms of Service should be sent to us at evergrogear@gmail.com.

Our contact information is:

Evergro Gear
Operated by LESC Holding Pty Ltd ATF KNW Family Trust
Email: evergrogear@gmail.com
Business address: Unit 19, 54 Perrin Drive, Underwood QLD 4119, Australia
ABN: 12 369 445 804