By exchanging a product you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
These EcoTots Terms of Use (the “Terms”) govern the use of the www.ecotots.co website (the “Site”) and the EcoTots mobile application (whether on iOS, Android, or another platform, the “App”), both of which are owned and operated by OrbitCo Remote Services Pty Ltd., an Australian company (together with its successors, assigns, and licensors, “EcoTots,” “we,” “us,” or “our”). The Site and the App, together with any of our related sites, services, tools, or applications, are collectively referred to herein as the “Services.”
EcoTots may operate certain websites and mobile applications under contract with third parties, such as participants in EcoTots’ Relove™ Program and related initiatives. These Terms shall also govern all use of such websites and applications, and the term “EcoTots” includes all third parties participating under contract with EcoTots, and the term “Services” includes all websites and mobile applications owned and operated by EcoTots and such third parties pursuant to such contracts. Use of EcoTots Apps may be subject to the acceptance of additional terms of use upon installation (the “Additional Agreements”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. By using the Services in any manner, whether you create an account with us as described below or use the Services as a guest, you (the “user,” “you,” or “your”) agree to these Terms, including any additional terms and conditions and policies referenced herein or available by hyperlink. If you do not agree to the Terms, you are not allowed to use the Services. We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms or any such additional terms and conditions or policies at any time, and we will post the Terms. Please check these Terms and any such additional terms and conditions or policies referenced herein periodically for changes. Your continued use of the Services following the posting of changes to the Terms or any such additional terms and conditions or policies referenced herein will mean you accept those changes.
Please refer to our privacy policy, which is available for review at http://www.ecotots.co/privacy/, for more information about your options and how we use this information (the “Privacy Policy”).
1. INTRODUCTION
1.1 These terms and conditions apply to your use of our Services, whether as a visitor or registered user.
1.2 You can apply to become a Registered User of our Website by creating a Members account. If you apply to become a Registered User, you will be asked to click to “Accept” these Terms. If you refuse to do so, you will not be able to become a Registered User. Where you have refused to click to “Accept” but continue to use our Website as a visitor, your continued use of our Services will indicate acceptance of these Terms.
2. ABOUT ECOTOTS
2.1 OrbitCo Remote Services Pty Ltd. trading as (EcoTots) is an Australian company registered under ABN 66641204588.
3. DEFINITIONS USED IN THESE TERMS
• Member: Anyone acquiring items via the Website.
• Content: The adverts, data, details, images, information, messages, photographs, screen names, text, and all other material posted by a Member on the Website.
• Fee: A fee payable by the Member to EcoTots as set out in clause 10.
• Items: All goods offered for sharing or sale using our Services.
• Marketplace: A convenient destination for visitors of the Website to discover and Registered Users to give away, share, or buy items.
• Post: Display, exhibit, publish, distribute, upload, transmit, and/or disclose, and the words “Posted” and “Posting” shall be interpreted accordingly.
• Registered User / Member: Anyone who has signed up to have an account with EcoTots via the Website.
• Member: Anyone sharing or selling items via the Website.
• Services: The provision of the Marketplace provided by us through the Website.
• Terms: These Terms of Use, our Privacy Policy, and any documents to which they refer.
• You/Your: The individual or entity using our Services, whether as a visitor or Member.
4. WHAT WE DO AND WHAT WE DON’T DO
4.1 EcoTots offers the Services to Registered Users of the Website.
4.2 Essentially, EcoTots and the Website is a Marketplace. Members may list items to give away or sell to other Members. Visitors to the Website can browse items, but only Registered Users can offer items for sharing or sale and acquire items.
4.4 Items labeled ‘$0.00’ are available for you to borrow, use, and then return when your family has outgrown them, ensuring that they remain part of our community.
4.5 We do not have possession of any items and are not involved in the actual transaction between Members. Therefore, we are not responsible for contracts for the sharing or sale and purchase of items made through the Website. Such contracts are between the Members.
4.6 Any contract between the Members is subject to the terms and conditions which are implied by law or which the Members agree between themselves. We are not a party to the contract between the Members nor are we liable in any way under it.
4.7 While we may provide pricing, postage, listing, and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not.
4.9 We are not responsible for the delivery of any item. If items are collected in person by the Member, we are not responsible for anything that may happen to the Member or anyone accompanying them to meet in person for a collection.
4.11 We do not provide any warranties or assurances in relation to the items you acquire (or attempt to acquire) from Members via the Website. This disclaimer does not affect your statutory rights against the Members. If you would like information about your legal rights, you should contact your local trading standards or consumer protection authority.
4.12 We have no control over and cannot guarantee the existence, quality, safety, or legality of items; the accuracy of information provided on or through the Website by Members, including listings or feedback; the ability of Members to share or sell items; the ability of Members to acquire items; or that a Member will actually complete a transaction or return an item.
5. REGISTERED USERS
5.1 By becoming a Registered User, you warrant that:
5.1.1 You are legally capable of entering into binding contracts;
5.1.2 You are at least 18 years old;
5.1.3 If you are a business entity, you have the authority to legally bind that entity.
5.2 Your application to become a Registered User constitutes an offer by you to us to enter into a binding contract with us to become a Registered User. Following your application, you will receive confirmation from us.
5.3 You may create only one account on the Website per person. You may not assign, transfer, or otherwise deal with your Registered User account.
6. OUR RIGHTS
6.1 We reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
6.2 Without limiting our other remedies, we may limit, suspend, or terminate any Registered User’s account and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel transactions, remove or demote any listings, and take technical and legal steps to keep you from using our Services if:
6.2.1 It is our reasonable belief that:
• You are creating problems or possible legal liabilities for us, our users, suppliers, or other third parties;
• Such restrictions will improve the security of the EcoTots community or reduce our or another Registered User’s exposure to financial liabilities;
• You are infringing the rights of third parties;
• You are acting inconsistently with the letter or spirit of these Terms; or
• You have committed any form of abuse toward us, our employees, or other Registered Users.
6.2.2 After sharing or selling an item to a Member, you fail to deliver it to the Recipient;
6.2.3 You fail to respond to any contact made by us to you;
6.2.4 Despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
6.2.5 You fail to make, or it is evident that you are unable to make, full payment of any Fees due.
7. GENERAL OBLIGATIONS ON VISITORS, SELLERS, AND BUYERS
7.1 You agree to consider and comply with, as far as reasonably practicable, our guidelines set out at https://www.ecotots.co/how-it-works.
7.2 You agree to comply with our Website Privacy Policy, which can be found at https://www.ecotots.co/privacy.
8. SPECIFIC OBLIGATIONS ON MEMBERS
8.1 When using our Services, you acknowledge and agree to the following:
8.1.1 You are responsible for the accuracy, content, and legality of the item posted;
8.1.2 We may amend any post to supplement, remove, or correct information and/or we may add an image of the item to your post to enhance the likelihood of it being shared or acquired;
8.1.3 Your post may not be immediately searchable by keyword or category. We cannot guarantee exact posting durations;
8.1.4 Not to post, list, or upload content or items in inappropriate categories or areas on our Website;
8.1.5 Not to breach or circumvent any laws, third-party rights, or our systems or policies;
8.1.6 Not to share or sell any banned, recalled, prohibited, counterfeit items or any that otherwise infringe the copyright, trademark, or other rights of third parties;
8.1.7 To deliver items shared or sold by you, unless you have a valid reason as set out in our policies or guidelines, for example, the Member fails to comply with the terms listed in your post, or you cannot contact the Member;
8.1.8 Not to post false, inaccurate, misleading, defamatory, or libellous content;
8.1.9 Not to take any action that may undermine the feedback or ratings systems on our Website;
8.1.10 Not to distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes while using our Services or in connection with our Website;
8.1.11 You are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to any items you may sell using our Services. To the extent possible under your local law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties, and interest, levied by any competent tax authority due to your failure to provide a valid GST or VAT registration number and/or your failure to pay any such taxes, penalties, or interest;
8.1.12 Any content that violates any of our policies may be modified or deleted at our discretion;
8.1.13 Where your listing appears in search and browse, results may be based on certain factors such as listing format, title, keywords, price, and postage cost, feedback, our policy compliance, and detailed seller ratings;
8.1.14 You are responsible for reading the full item listing before committing to acquiring an item;
8.1.15 You will enter into a legally binding contract to acquire an item when you commit to acquire such an item; and
8.1.16 To pay in full for items acquired by you, unless you have a valid reason as set out in our policies or guidelines, such as the Member has materially changed the item’s description after you have committed to acquiring the item.
9. DATA PROTECTION
9.1 All information we may hold for you will be held and processed in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988.
9.2 You are referred to our Privacy Notice, which can be found at www.ecotots.co/privacy.
9.3 By using our Services, you consent to such processing, and you warrant that all data provided by you is accurate.
10. MEMBERSHIP FEES & PAYMENTS OF ITEMS SHARED OR SOLD
10.1 We use Stripe or AirWallex to process all payments for items shared or sold using our Services.
10.2 It may take up to 7 days for payments to be transferred from the financial provider into the Seller’s bank account. This is beyond our control.
10.3 To participate in the EcoTots community, a membership fee is required. This fee supports the operation of our platform and ensures that we can continue to provide a space for sustainable exchange.
10.4 By using our Services, the Member agrees to us charging the membership fee and any applicable transaction fees. The membership fee is a recurring charge, and transaction fees may apply to items sold through the platform.
10.5 Any amount received by the Member for an item sold using our Services will be the final price the item has sold for minus any applicable fees.
10.6 As most of our Members are classified as selling for a 'Hobby', you are only required to register for GST if you make over $75,000 per annum. This is not tax advice. Please consult with a tax adviser and inform us if we need to tailor your invoices to account for GST / VAT. It is the Members responsibility to advise us of any GST requirements.
10.7 The Members agrees that all amounts due to us under these Terms shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law). Our right to set-off means that we may deduct such fees, charges, or other amounts mentioned in this clause from any monies held for you by Stripe or AirWallex in relation to your use of our Services.
11. CANCELLATIONS
11.1 The Australian Consumer Law provides consumers with a legal right to change their mind when purchasing services online. You do not need to provide any reason for the cancellation. The minimum cooling-off period you are entitled to under the Law is 14 days.
11.2 We offer you the right to terminate your registration with EcoTots at any time, for any reason, with immediate effect by contacting us at care@ecotots.co.
11.3 If you have shared or sold any items to a Buyer within the 14-day cooling-off period, then you would still have a right to terminate your registration with us, but your right to a refund of the membership fee is lost.
12. DISPUTES
12.1 We remind you that we are not a party to the contract between the Members, nor are we liable in any way under it. If a dispute should arise between Members then it is up to the Members to resolve the dispute between them. We are not responsible for any issues or disputes that may arise between Members. If you do have any queries or concerns in relation to a dispute, you can contact us at care@ecotots.com.au.
12.2 To protect against the risk of liability, EcoTots has at times recommended, and may continue to recommend, that Stripe or AirWallex restrict access to funds in a seller’s account based on certain factors, including but not limited to, sharing history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of a case. This may result in Stripe or AirWallex determining to restrict funds in your account.
13. TERMINATION
13.1 You may terminate your registration with EcoTots at any time, for any reason, with immediate effect by contacting us at care@ecotots.com.au.
13.2 We may terminate your registration at any time, for any reason, with immediate effect by contacting you at your last known postal or e-mail address.
13.3 We may terminate your registration without notice if you breach any of these Terms.
13.4 You must return all items you have acquired from the EcoTots community. This does not include items you have purchased.
13.4 Termination by either party shall have the following effects:
• Your right to use the services we offer to a Registered User shall immediately cease at the end of the period you have paid to (you will still be able to access the Website as a visitor);
• We are under no obligation to forward any unread or unsent messages to you or any third party;
• Termination will not affect either party’s outstanding rights or duties up to the date of termination, including our right to recover from you any money you owe to us.
14. INDEMNITY
14.1 You agree to compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures, and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these Terms, your improper use of our Services, or your breach of any law or the rights of a third party.
15. LIABILITY
15.1 Without prejudice to the general limits on our liability referred to in clause 15.4 and subject to clause 15.5:
• We are under no obligation to you to monitor or record any Content, Postings, or any activities of Registered Users;
• We do not assume any responsibility for the quality, safety, or legality of items;
• We do not assume any responsibility for the truth or accuracy of any Postings or Content;
• We make no promises, warranties, or guarantees about your ability to acquire or sell items using our Website;
• We do not guarantee that our Website will be secure or free from bugs or viruses;
• We are not responsible for third parties. For example, it is not our responsibility if a Donor/Seller does not deliver items, if the items are not as described, or if a Buyer does not pay for items.
15.2 Although we try to keep the Website and our Services safe, secure, and functioning properly, we cannot guarantee the continuous operation of or access to the Website or to our Services.
15.3 Notification functionalities as part of the Services may not occur in real-time. Such functionality is subject to delays beyond our control.
15.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited under applicable law.
15.6 If we breach these Terms in any way, our total liability to you is limited to the greater of (a) any amounts up to the price the related item sold for on our Website and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) AUD 100.
15.7 This clause 15 shall survive termination of the Contract.
17. OTHER IMPORTANT TERMS
17.1 Events outside of our control: We will not be liable or responsible for any matter arising out of or in connection with events outside our reasonable control (a Force Majeure Event), including without limitation: (a) natural disasters or “acts of God,” such as lightning, tornadoes, hurricanes, tsunamis, floods, and earthquakes; (b) man-made disasters, such as plant fires or floods; (c) war and civil issues, such as riots, civil unrest, acts of terrorism; (d) labour disputes or strikes; (e) government embargoes or other government actions affecting the supply chain; (f) power outages or transportation issues; (g) epidemic, pandemic, or quarantine; (h) third-party supply chain difficulties; and (i) all other causes whatsoever.
17.2 We may transfer this agreement to someone else: We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are a Buyer and you are unhappy with the transfer, you have the right to cease use of the Website. If you are a Seller, you may withdraw your items from sale on the Website.
17.3 We may amend these Terms: We may amend these Terms at any time. Our most current and up-to-date Terms can be found at https://www.ecotots.co.au/terms-of-service. We will endeavour to notify you of any amendments to our Terms by email or via the messages section on the Website. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them.
17.4 You need our consent to transfer your rights to someone else: You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.5 Nobody else has any rights under this contract: These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.
17.6 If a court finds part of this contract illegal, the rest will continue in force: Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.7 Even if we delay in enforcing this contract, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date.
17.8 Complaints, which laws apply to this contract, and where you may bring legal proceedings: If a dispute arises between you and EcoTots, we strongly encourage you to first contact us directly to seek a resolution by emailing us at care@ecotots.com.au. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. These Terms are governed by Australian law, and you can bring legal proceedings in respect of the Services in the Australian courts.
Terms updated on 1 September 2024, EcoTots Pty Ltd.