EKOH Marketing Website Terms of Use

Updated March 2021

Website Development Agreement

EKOH Marketing Website Terms of Use


1. The EKOH Marketing website (Website) is a service provided by EKOH Marketing Pty Ltd, ABN 69648883014, to inform Website users, including existing or potential EKOH Marketing customers about EKOH Marketing’s products or services and issues relevant to them and also to enable Website users to provide information to EKOH Marketing.

2. By accessing or otherwise using the Website you agree to be bound by these terms of use (Terms).

3. EKOH Marketing is entitled at its sole discretion to vary any part of these Terms or the Website at any time without notice.

4. Your continued use of the Website and/or the Terms after any variation will constitute your acceptance of the Website and/or Terms as amended.


5. If you purchase goods or services found on this Website, the purchase will be subject to terms and conditions of sale, which operate independently of these Terms and are available at: https://ekohmarketing.com/sale-terms-and-conditions/

6. The intellectual property rights in all software and content made available to you on or through the Website (Website Content) remain EKOH Marketing’s property or the property of EKOH Marketing’s licensors.

7. Subject to these Terms, EKOH Marketing grants to you a personal non-exclusive and non sub-licensable licence to view, download and use information directly accessible through the Website for your personal or business use.

8. You agree that you will not infringe the intellectual property rights of EKOH Marketing or any of its licensors and will not modify, copy, republish, frame, distribute or communicate any part of the Website Content.


9. The Website and all Website Content is provided “as is” and without any warranty or condition, express or implied. EKOH Marketing does not warrant that the Website Content or any information contained in or accessible through the Website is accurate, suitable for your purposes or without errors, omissions or viruses nor does EKOH Marketing guarantee continuous, uninterrupted or secure access to the Website.

10. You acknowledge that:
(a) your access and use of the Website (including Website Content) may be interfered with by numerous factors outside of EKOH Marketing’s control and you agree that EKOH Marketing will not be liable for any loss or damage caused by any person or thing outside EKOH Marketing’s control; and
(b) EKOH Marketing does not warrant the accuracy of any Website Content.

11. You use this Website and rely on information contained in the Website Content at your own risk. EKOH Marketing is not responsible or liable for any reliance you place on content contained in this Website Content.

12. Subject to the law, EKOH Marketing is not liable for any claims in connection with any special, indirect, consequential, incidental or punitive damages; or damages for loss of profits,
revenue, goodwill, anticipated savings; or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

User Content

13. If you upload or otherwise provide to EKOH Marketing any information or content (User Content) in the course of accessing or using the Website, you agree that such User Content will be available to EKOH Marketing to use in any manner it thinks fit, subject to applicable provisions of any legislation including without limitation the Privacy Act (1988) (Cth).

14. You agree that you will not upload or otherwise provide any User Content which:
(a) is defamatory, fraudulent, unlawful or otherwise inappropriate; or
(b) infringes the intellectual property rights or other proprietary interests of EKOH Marketing, its licensors or third parties;
(c) impersonates another person or entity, attempts to solicit personal information from another user, advertises or promotes the sale of products or services provided by EKOH Marketing’s competitors or any other products or services EKOH Marketing considers to be inappropriate;
(d) contains spam, viruses, code, files or programs that may interrupt, change or limit the functionality of the Website;
(e) forges information to disguise the origin of any User Content; or
(f) encourages or incites any other Website user to engage in any of the above behaviour.

15. You grant to EKOH Marketing a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable right to use User Content in connection with EKOH Marketing’s business, in all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in EKOH Marketing’s favour.


16. EKOH Marketing’s privacy policy can be found at https://ekohmarketing.com/privacy. By submitting your personal information to EKOH Marketing on this Website, you consent to the collection, use and disclosure of your personal information as described in EKOH Marketing’s privacy policy.

17. You warrant that all data provided by you is accurate and current. If your information changes, you are responsible for notifying EKOH Marketing of the change by contacting us via the contact details set out in our privacy policy.

Links and linked websites

18. The Website contains links to other websites, which are not operated by EKOH Marketing. EKOH Marketing has no control over linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service that apply to those sites.

19. EKOH Marketing recommends that you always have installed on all devices you use to access and use this Website high-quality antivirus, internet security and anti-spyware software.

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