By submitting to ECO FIRST DIRECT (ABN 27 638 541 992) (DMB ENTERPRIZES PTY LIMITED) an order via email, mail, in person or via phone (Order), the Customer (as defined in section 14) makes an offer to purchase the goods on these Terms and Conditions, such offer being irrevocable for a period of 21 days after receipt of your offer, unless otherwise agreed in writing by ECO FIRST DIRECT. ECO FIRST DIRECT will be deemed to have accepted your offer by taking any of the following actions before the later of 21 days after receipt of your offer, or the date you revoke your offer:
Sending you written notice of acceptance of your offer by email or otherwise;
Dispatching goods contained in your offer; or
Sending you an invoice for the goods in your offer.
The Customer acknowledges and accepts that ECO FIRST DIRECT, at its discretion, reserves the right not to supply goods, for any reason (including where the goods are not, or cease to be, available, or there are account disputes or conditions laced on ECO FIRST DIRECT by its suppliers). ECO FIRST DIRECT will not be liable to the Customer for any loss or damage the Customer suffers due to ECO FIRST DIRECT not supplying goods pursuant to this clause.
Where the Customer consists of more than one legal entity then each of those entities are jointly and severally liable for all obligations under these Terms and Conditions, including the obligation to make any payments to ECO FIRST DIRECT.
Submission of an Order by the Customer is deemed as an acceptance of these Terms and Conditions.
These Terms and Conditions may vary from time to time. The Terms and Conditions applying to the Customer’s Order will be those in force on the date the Customer’s Order is received by ECO FIRST DIRECT.
From time to time, ECO FIRST DIRECT may run promotions which are subject to both these Terms & Conditions and any additional Promotion Term & Conditions. Promotion Terms & Conditions may include conditions in respect of selected products, order periods, purchase methods, minimum spend requirements, bundle discounts or partner promotions. Promotion Terms and Conditions will be available on the website. By submitting an Order and redeeming the promotional offer, the Customer agrees to and accepts the Promotional Terms & Conditions of the applicable promotion(s).
ACCOUNTS AND PAYMENTS
All goods are sold on a cash before delivery basis meaning that full payment must be received by ECO FIRST DIRECT prior to dispatch of the goods unless otherwise agreed in writing. ECO FIRST DIRECT may at times require a deposit to be paid on acceptance of an Order from the Customer. ECO FIRST DIRECT will issue an invoice on accepting an Order.
A credit limit may be set for a Customer account at the discretion of ECO FIRST DIRECT. In the event that an Order will cause an account’s credit limit to be exceeded, ECO FIRST DIRECT reserves the right to require the Customer to pay in full up-front any amounts over the credit limit, including by requiring any excess amounts to be paid prior to dispatch of the relevant goods. Otherwise, the Customer must pay for goods within 14 days after the month in which the Customer purchased the goods, or any other period agreed by the parties.
Any account with a balance not paid by the relevant due date may be frozen until all monies overdue are paid. Any invoice balance that remains unpaid 60 days after its due date will incur interest charges on a daily basis of 2% per month (24% pa) calculated from the invoice due date until the date of payment.
If an invoice is not paid by the due date, ECO FIRST DIRECT may, at its discretion, withhold further deliveries to the Customer or revoke the credit limit provided to the Customer, without prejudice to any of its existing rights.
Failure to pay an invoice by the due date shall be deemed a material breach of these Terms and Conditions.
If the Customer owes ECO FIRST DIRECT any money, the Customer must indemnify ECO FIRST DIRECT from and against all costs and disbursements incurred by ECO FIRST DIRECT in recovering the debt (including internal administration fees, legal costs on a solicitor and own client basis collection agency costs and bank dishonour fees).
PRICES & GST
Unless otherwise stated, all prices quoted byECO FIRST DIRECT are exclusive of GST. ECO FIRST DIRECT reserves the right to change the prices of goods at any time.
The Customer will bear all liability for GST and shall not require ECO FIRST DIRECT to pay any amount on account of GST. In addition, ECO FIRST DIRECT will be entitled to recover from the Customer any GST paid or payable by it in respect to the provision of the goods.
RETENTION OF TITLE
Ownership of, and title to, the goods (whether or not attached, fixed or incorporated into any other property) remains with ECO FIRST DIRECT until payment in full for the goods has been made and received by ECO FIRST DIRECT. Until the date full payment is received:
The Customer must maintain the goods in satisfactory condition and holds the goods as bailee for ECO FIRST DIRECT. If the Customer sells, disposes or parts with possession of the goods then the Customer must hold the proceeds (such proceeds to include any rights to receive or generate any carbon credit units or similar rights) of any such act on trust for ECO FIRST DIRECT and must pay or deliver the proceeds to ECO FIRST DIRECT on demand.
The Customer should not convert or process the goods or intermix them with other goods, but if the Customer does so then the Customer holds the resulting product on trust for the benefit of ECO FIRST DIRECT and must sell, dispose of or return the resulting product to ECO FIRST DIRECT as it so directs.
The Customer must not allow the goods to become fixtures, including through installation by the Customer or a third party.
The Customer must not charge or grant an encumbrance over the goods nor grant, nor otherwise give away, any interest in the goods while they remain the property of ECO FIRST DIRECT.
ECO FIRST DIRECT may commence proceedings to recover the price of the goods sold notwithstanding that ownership of, or title to, the goods has not passed to the Customer.
The Customer is deemed to be in material default and breach of these Terms and Conditions immediately upon the happening of any of the following events:
If payment of an invoice is not made promptly by the due date for payment.
If the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque drawn or other payment made by the Customer payable to ECO FIRST DIRECT is dishonoured.
If the Customer is a company and is wound up or is placed in administration, or a receiver or manager is appointed.
If the Customer is an individual and becomes bankrupt.
In the event of a default by the Customer, then without prejudice to any other rights which ECO FIRST DIRECT may have at law or under these Terms and Conditions, ECO FIRST DIRECT or its agents have the right to:
recover the goods at its option and the Customer is obliged to deliver up the goods if so directed by ECO FIRST DIRECT or its agents, including in accordance with the enforcement procedures outlined in Chapter 4 of the Personal Property Securities Act 2009 (Cth) or any applicable legislation from time to time; and
suspend or terminate the supply of goods to the Customer,ECO FIRST DIRECT will not be liable to the Customer for any loss or damage the Customer suffers because ECO FIRST DIRECT has exercised its rights under this clause.
PERSONAL PROPERTY SECURITIES ACT 2009 (PPSA)
In this clause, financing statement, financing change statement, security agreement, and security interest have the meaning given to them by the PPSA. Upon submitting an Order under these Terms and Conditions, the Customer acknowledges and agrees that these Terms and Conditions constitute a security agreement for the purposes of the PPSA and creates a purchase money security interest in all goods that have previously been supplied and that will be supplied in the future by ECO FIRST DIRECT to the Customer, as well as in the proceeds relating to the sale by the Customer of such goods (including the rights to receive or generate any carbon credit units or similar rights as a result of the supply by the Customer of the goods).
The Customer undertakes to:
promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to: a) register a financing statement or financing change statement in relation to a security interest arising in connection with these Terms and Conditions on the Personal Property Securities Register; b) register any other document required to be registered by the PPSA; or c) correct any defect identified in the above financing statement;
do anything ECO FIRST DIRECT reasonably requires to ensure that the security interest is enforceable, perfected and otherwise effective; and
indemnify, and upon demand reimburse, ECO FIRST DIRECT for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby;
not register a financing change statement in respect of a security interest without the prior written consent of ECO FIRST DIRECT;
not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of ECO FIRST DIRECT; and
immediately advise ECO FIRST DIRECT of any material change in its business practices of selling the goods to third parties which may result in a change in the nature of the proceeds derived from such sales.
To the extent permitted by law:
ECO FIRST DIRECT does not need to comply with sections 95 (to the extent that it requires ECO FIRST DIRECT to give notice to the Customer), 96, 118, 121(4), 125, 130, 132(3)(d) and 132(4) of the PPSA.
Sections 142 and 143 of the PPSA are excluded.
The Customer waives its right to receive any notice that is required by the PPSA and permitted to be excluded (including notice of a verification statement).
Subject to any express provisions to the contrary, nothing in these Terms and Conditions is intended to have the effect of contracting out of any of the provisions in the PPSA.
RELATIONSHIP OF THE PARTIES
The Customer will not be an agent or employee of ECO FIRST DIRECT in any sale of the goods by the Customer.
RISK
Risk of damage to, or loss of, the goods (whether or not attached, fixed or incorporated into any other property) passes to the Customer on Delivery (as defined in section 8 below) and the Customer must insure the goods on or before Delivery.
If any of the goods are damaged or destroyed following Delivery but prior to title passing to the Customer, ECO FIRST DIRECT is entitled to receive all insurance proceeds payable for the goods. The production of these Terms and Conditions by ECO FIRST DIRECT is sufficient evidence of ECO FIRST DIRECT’s rights to receive the insurance proceeds without the need for any person dealing with ECO FIRST DIRECT to make further enquiries.
If the Customer requests ECO FIRST DIRECT to leave goods outside ECO FIRST DIRECT’s premises for collection or to deliver the goods to an unattended location, then such goods will be left at the Customer’s sole risk.
DELIVERY
Delivery of the Goods is taken to occur at the time that: a) the Customer or the Customer’s nominated carrier takes possession of the goods at ECO FIRST DIRECT‘s address; or one of its nominated third-party warehouses; b) ECO FIRST DIRECT (or ECO FIRST DIRECT‘s nominated carrier) delivers the goods to the Customer’s nominated address even if the Customer is not present at the address (as applicable) (Delivery).
There are a small number of remote Australian locations that ECO FIRST DIRECT is unable to deliver to. If a Customer places an Order for Delivery to an unserviceable location, ECO FIRST DIRECT will contact the Customer and refund any amounts paid.
ECO FIRST DIRECT is unable to deliver to PO Box or Locker addresses.
ECO FIRST DIRECT does not provide international delivery options.
The Customer must take Delivery. In the event that the Customer is unable, or refuses, to take Delivery of the goods as arranged then ECO FIRST DIRECT will pass on any additional courier, storage or other charges that may apply based on new Delivery arrangements.
When the Customer gives ECO FIRST DIRECT an ‘authority to leave’, it is allowing ECO FIRST DIRECT to leave the goods at the selected Delivery address without a signature requirement. The Customer can confirm an ‘authority to leave’ by notifying the in writing (email) to our customer support team. ECO FIRST DIRECT, and contractors associated with the Delivery, do not accept responsibility for any loss or damage which results from an ‘authority to leave’ delivery method. The Customer releases ECO FIRST DIRECT from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by the Customer or any other person or entity as a result of an ‘authority to leave’ request.
ECO FIRST DIRECT may deliver the goods subject to an Order in separate consignments. Each consignment must be paid for in accordance with these Terms and Conditions or as otherwise agreed.
Any Delivery time or date given by ECO FIRST DIRECT to the Customer is an estimate only. The Customer must still accept Delivery of the goods even if late and ECO FIRST DIRECT will not be liable for any loss or damage incurred by the Customer as a result of the Delivery being after the estimated Delivery time or date.
The failure of ECO FIRST DIRECT to Deliver will not entitle either party to treat these Terms and Conditions as repudiated.
Backorders will be shipped as soon as they are available.
REVIEW OF CUSTOMER ACCOUNTS
ECO FIRST DIRECT will review a Customer’s account status if the Customer: (a) attempts to cancel an Order or requests a delay in Delivery of goods Ordered by more than 1 month; or (b) fails to make payment by the due date. This may lead to the Customer’s account being closed or amended terms being applied to future orders. ECO FIRST DIRECT reserves the right to require full payment for a cancelled Order or requested delay in Delivery of goods of more than 1 month.
CANCELLATION OF ORDERS
The Customer will not be entitled to cancel the whole or part of the Order or to claim compensation by reason of ECO FIRST DIRECT’s failure to comply with the Delivery requirements or minor variations to the goods as a result of changes to the manufacturing process or specifications of the goods, so long as the overall functionality of the goods is no less than those ordered by the Customer.
DEFECTIVE GOODS, SHORTFALLS AND LIABILITY
Our goods may come with guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) that cannot be excluded, restricted or modified.
Every effort is made to ensure accuracy of the information provided by ECO FIRST DIRECT (whether on the ECO FIRST DIRECT website or otherwise). To the full extent permitted by law, and without limiting the operation of the Australian Consumer Law, ECO FIRST DIRECT takes no responsibility for any errors and/or omissions advertised and images and/or descriptions of goods that differ from the actual goods; images are for illustration purposes only.
Subject to the requirements of any law including under the Australian Consumer Law, all claims for defective or short delivered goods must be made in writing to support@ECOFIRSTDIRECT.COM.AU within 10 days of Delivery of the relevant goods. A failure to make a claim within the above time constitutes acceptance in full of the Delivery.
If the goods are considered to be of a kind not ordinarily provided for personal, domestic or household use, to the extent permitted by law:
ECO FIRST DIRECT AS A DISTRIBUTOR FOR Emerald Planet PRODUCTS, THE liability for a breach of a condition or warranty implied by the Australian Consumer Law is limited to either the (a) replacement of the goods supplied or the supply of equivalent goods; (b) repair of the goods supplied; (c) payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) payment of the cost of having the goods repaired.
ECO FIRST DIRECT AS A DISTRIBUTOR FOR Emerald Planet will not be liable for consequential, incidental, special or exemplary damages, including loss of profits or revenues, loss of corruption to data, loss of use of the goods or any other goods or associated equipment or damage to any associated equipment, cost of capital, cost of substitute products, facility of services, down time cost or claims made by a Customer, arising out of or from a result of a breach of contract, warranty, use of our goods or services or otherwise.
ECO FIRST DIRECT AS A DISTRIBUTOR FOR Emerald Planet PRODUCTS, THE liability for a claim, loss or damage suffered or incurred by a Customer, arising out of or in connection with the goods or related services provided to the Customer will not exceed the price of the specific good giving rise to the claim, loss or damage.
For the avoidance of doubt, this clause does not operate where contrary to the Australian Consumer Law.
Notwithstanding anything else in these Terms and Conditions, but subject to any applicable law including under the Australian Consumer Law, Emerald Planet will not be liable for any defect or damage to the extent it is caused or partly caused, or contributed to, by or arise as a result of:
the Customer or a third party failing to properly maintain or store any goods;
the Customer or a third party using the goods for any purpose other than that for which the goods were designed or was communicated to ECO FIRST DIRECT and confirmed by ECO FIRST DIRECT to be an appropriate purpose for which the goods may be used;
the Customer or a third party continuing the use of any goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
the Customer or a third party failing to follow any instructions or guidelines provided by ECO FIRST DIRECT; or
fair wear and tear, any accident, act of God or other
RETURNS FOR CHANGE OF MIND
ECO FIRST DIRECT will accept goods returned due to a change of mind and provide an account credit or credit note, when items are returned with proof of purchase within 10 days from the date the goods were delivered to the Customer. Goods returned after that timeframe will not be eligible for an account credit or credit note.
The Customer is fully responsible for the cost of returning the goods.
All goods returned due to a change of mind must be unopened and in their original shipped condition, including all product packaging.
Goods which appear to be worn, used or damaged after delivery, or altered in any way, will not be eligible for an account credit or credit note.
INTELLECTUAL PROPERTY
All confidential information, materials and intellectual property rights supplied by ECO FIRST DIRECT IN CONJUNCTION WITH EMERALD PLANET belong to ECO FIRST DIRECT IN CONJUNCTION WITH EMERALD PLANET. The Customer shall not use or have any rights to them.
GENERAL
The failure or delay by ECO FIRST DIRECT to enforce any provision of these Terms and Conditions must not be treated as a waiver of that provision, nor must it affect ECO FIRST DIRECT’s right to subsequently enforce that provision. If any provision of these Terms and Conditions is found to be invalid, void, illegal or unenforceable, it is severed and the validity, existence, legality and enforceability of the remaining provisions remains unaffected.
The Customer must not be entitled to set off against, or deduct from any amounts owed to ECO FIRST DIRECT, any amounts owed or claimed to be owed to the Customer by ECO FIRST DIRECT nor to withhold payment of any invoice because part of that invoice is in dispute.
ECO FIRST DIRECT may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
Neither party must be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, inability to obtain any necessary materials, equipment, facilities or services, failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, units and parts, software, hardware or communication network, or other event beyond the reasonable control of either party.
The Customer warrants that it has the power to submit an Order and accept these Terms and Conditions and has obtained all necessary authorisations to allow it to do so, it is not insolvent, and that these Terms and Conditions create binding and valid legal obligations on it.
These Terms and Conditions and any ECO FIRST DIRECT document referred to in it (which may only be varied in writing by ECO FIRST DIRECT) shall apply to the exclusion of all other terms relating to the goods, including on the Customer’s Order form. All goods are provided subject to these Terms and Conditions. Throughout this document Customer or you means the purchaser of the goods specified in the Customer’s Order,ECO FIRST DIRECT’s acceptance or any other written document between the parties.
The contract for the provision of the goods is made in New South Wales, Australia and the parties exclusively submit all disputes arising between them to the Courts of New South Wales, Australia.
Terms Of Use
OVERVIEW
www.ECOFIRSTDIRECT.com.au (Site) is a website operated by DBM ENTERPRIZES PTY LIMITED (we, us, or our).
These terms, our Privacy Policy and any documents referred to in them (together, Terms) govern the use of our products, services, social media pages and the Site.
The Terms apply to any person or organisation accessing, using or relying upon the Site (you).
The Site is a platform that allows users access information regarding ECO FIRST DIRECT’s goods and services, including lighting, smoke alarm and energy-efficiency technology solutions.
We encourage you to read these Terms carefully before you start using the Site. By accessing or using the Site, you indicate that you have read, understood and accept the Terms and that you agree to abide by them.
If you do not agree to the Terms, you should not access or use the Site or the products and services offered on or via the Site.
We may vary the Terms at any time, which will be effective immediately upon posting to the Site. You should regularly check the Terms for updates. Using the Site after the updated Terms are posted to the Site constitutes your acceptance of the updated Terms.
making all arrangements necessary to access to the Site;
ensuring that any person who accesses the Site through your internet connection, mobile device or otherwise, is aware of and complies with the Terms; and
determining that the Site meets your personal needs and is suitable for the purposes for which it is accessed.
When accessing and using the Site, you must not:
attempt to undermine the security or integrity of our computing systems or networks or that of a third party’s, where the Site is hosted by a third party;
use, or misuse, the Site in any way which may impair the functionality of the Site, or other systems used in delivering the Site, or the ability of any other person to use the Site;
attempt to gain unauthorised access to any materials on the Site or to the computer system on which the Site is hosted;
transmit, or input into the Site any files that may damage any other person’s computing devices or software, content that may be offensive or material or data in violation of any law; or
attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer, any computer programs used to deliver the Site.
Access to the Site is permitted on a temporary basis. We will not be liable if for any reason any part of the Site is unavailable at any time or for any period.
We may suspend or restrict access to the Site, or parts of the Site, from time to time.
PERSONAL INFORMATION
Any personal information you provide will be processed in accordance with our Privacy Policy.
By using the Site and providing your personal information, you consent to this processing and warrant that all information provided is true and accurate.
UPDATES TO THE SITE
We may, at any time and without notice withdraw, update or change the products, services and content we provide on the Site.
The content provided on or via the Site, our social media pages, or any third party links on the Site may be out of date, and we are under no obligation to update it, except as required by law.
We are not liable to you or any third party for taking action or not taking action under this section 5 .
POLICIES AND GUIDELINES
You must comply with our policies and guidelines, as amended from time to time.
THIRD PARTY CONTENT
Users of the Site and our social media pages may access and use third party content on, or linked from, the Site or our social media pages (Third Party Content).
We may monitor, modify or remove any Third Party Content at any time but are under no obligation to do so.
We do not control or maintain Third Party Content. Third Party Content is only provided for your information and convenience.
We make no endorsements, representations or warranties in relation to the Third Party Content, and exclude all liability for damage or loss arising from the Third Party Content.
You access, use and rely on Third Party Content at your own risk. You must make your own enquiries to verify the Third Party Content. We encourage you to carefully review the terms and privacy policies of any third party website that you visit or transact with.
We are not responsible for any opinions, warranties, representations, advice, statements, offers or other information in Third Party Content provided by a user of the Site or third party.
LINKING TO OUR SITE
You may include a link to the Site on a website you own or control, with our prior written consent.
Notwithstanding this consent, you must not present the Site in a way which:
damages or takes advantage of our reputation; or
suggests any form of association, approval or endorsement from us.
We may withdraw our consent at any time.
INTELLECTUAL PROPERTY
We own all aspects of the Site and our social media pages, including information, text, materials, graphics, button icons, images, video and audio clips, trade marks (whether registered or not), layout, graphical user interface, look and feel, functionality, databases and control features (together, IP Content).
Without limiting the foregoing, we own or license all intellectual property rights in the Site, IP Content and Third Party Content.
You may print copies and download extracts of any page from the Site for your personal use only. You must not modify the paper or digital copies of any materials you have printed or downloaded from the Site in any way.
If you print, copy or download any part of the Site or our social media pages in breach of the Terms, your right to use the Site and our social media pages will cease immediately and you must, at our discretion, immediately return or destroy any copies of the materials you have made.
The IP Content and Third Party Content displayed on or via the Site and our social media pages are provided ‘as is’ and without any guarantees, conditions or warranties as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose.
LIABILITY
Nothing in the Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law) that cannot be excluded, restricted or modified.
Subject to 10(a) and to the extent permitted by law, we and our related bodies corporate (as defined in the Corporations Act 2001 (Cth), and each of their directors, officers, affiliates, employees, partners and representatives (Personnel) exclude:
all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability to you or any third person however arising (even if foreseeable) for any loss of or damage to any property; personal injury or death; or indirect, special or consequential loss or damage (including loss of opportunity, business, goodwill, profits, production, savings, data or privacy), which is connected, in any way, with the Site, the products or services on the Site, or in connection with the use, inability to use, or results of the use of the Site, any social medial pages and websites linked to it and any IP Content and Third Party Content.
Without limitation to the foregoing, our maximum aggregate liability will not exceed $1,000, however arising.
You indemnify us, our related bodies corporate (as defined in the Corporations Act 2001 (Cth) and each of their Personnel from and against all claims, liabilities and costs (including legal costs) arising from or which is directly or indirectly related to any:
use of the Site, our social media pages or Third Party Content or any other products or services accessed via, or associated with, the Site, our social media pages or third party websites;
breach of the Terms; or
infringement of the rights of others, including privacy rights and intellectual property rights.
CUSTOMER SUPPORT
We may provide you with customer support from time to time. You may submit an enquiry by sending an email to support@eCOFIRSTDIRECT.com.au.
VIRUSES AND HACKING
You must not:
misuse the Site by knowingly introducing viruses, trojans or other malicious or harmful material;
attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
We will not be liable for any loss or damage caused by a virus, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material, due to your use of the Site, or due to your downloading of any material or content posted on it, or on any website linked to it.
We recommend that all Internet users always ensure they have up to date virus checking software installed.
UNCONTROLLABLE EVENT
We are not responsible for any delay, suspension or failure to provide the Site (or any websites linked to the Site) arising out of an Uncontrollable Event.
Uncontrollable Event means any acts, events, omissions, accidents or circumstances outside of our reasonable control, and includes strikes, lock-outs or other industrial disputes, failure or breakdown of plant, machinery, software, hardware or communication network, natural disasters, sabotage, war or national emergency, riot, computer hacking, internet interruption or virus, malicious damage, compliance with any law, order, rule, regulation or direction, accident, fire, explosion, flood, storm, default of hosting or data centre providers or other suppliers or sub-contractors, an act or omission of a third party and shortage of suppliers, equipment and materials.
GENERAL
No waiver No waiver is effective unless it is expressly stated in writing by us to be a waiver. A waiver cannot be implied by conduct, delay or failure to act.
Severability Any part of the Terms that is invalid, unlawful or unenforceable will be severed and the remaining parts will continue in force.
Entire agreement The Terms constitute the entire agreement between the parties, and supersede all previous discussions, correspondence, negotiations, arrangements and agreements between them relating to the subject matter.
Assignment We may assign or sublicense any of our rights or obligations under these Terms at any time.
No relationship The Terms do not imply or create any relationship of agency, partnership, joint venture, employment or franchisor-franchisee between the parties.
Governing law and jurisdiction The parties agree the Terms are governed by the laws of New South Wales, Australia and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
Privacy Policy
ECO FIRST DIRECT (DBM ENTERPRIZES PTY LIMITED) is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We take the greatest care when collecting, storing and using your personal data in order to justify your confidence in ordering with us.
WHY WE COLLECT DATA
We use this data to manage and process your orders, provide you with up-to-date product, industry and company information (if applicable) and to optimise your ordering experience with us. Emerald Planet uses cookies to allow you to login to your trade account, maintain a shopping cart and to purchase items in your shopping cart. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting and enjoyable shopping experience. Cookies sent to your computer from Emerald Planet only last while you’re browsing on our website. We do not store persistent cookies on your computer.
HOW WE COLLECT YOUR DATA
We collect data from you when:
You use any of our related services, such as subscribing to our email communications;
You browse our products and services or otherwise interact with our website;
You accept our cookies and other tracking technologies on your device;
You interact with our customer support team or other representatives, for example, via emails, telephone calls, letters, or face-to-face meetings;
You interact with us on our Social Media, such as liking our posts, commenting on our posts, private messaging us on our Social Media platforms;
Our third-party analytics and other service providers, business or commercial partners provide your data to us, which was collected and processed by them and disclosed to us pursuant to their separate privacy policies; or You voluntarily submit your data to us for any reason.
THE TYPES OF DATA WE COLLECT
When you open an ECO FIRST DIRECT trade account, we may collect data from you. Examples of the types of data we may collect includes your name and contact details, and browsing data while viewing our website. Data may also include network and device data such as IP address and device or advertising identifiers and information we obtain using cookies or other tracking technologies.
SHARING YOUR DATA
We may pass your data to:
The ECO FIRST DIRECT customer support team. Their access is subject to strict controls and procedures;
Service providers and other related entities who provide services to us, such as marketing optimisation, information technology, telecommunications, customer analysis or tracking, security or other relevant services which requires that entity’s collection, use or disclosure of your data.
You acknowledge and agree that, should we sell, merge or otherwise change control of our business, our company or the website to a third-party we shall be permitted to disclose the data and other information that we have collected from you to the third-party, without giving notice or seeking prior consent from you.
We reserve the right to disclose your data, as required by law, when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website.
If you would like to access or update any of your data, EMAIL US.
COMMUNICATING WITH YOU
When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news, promotions, left in cart reminders and updates on the status of your orders, invoices or returns. Your consent to the receipt of certain communications may be implied from the use of certain functional aspects of our service. If you would like to update your communication preferences, please EMAIL US.
CHANGES TO OUR PRIVACY POLICY
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our homepage.
