Terms and Conditions

Please read the following terms and conditions of use before using this website. Your usage of the website indicates that you accept the terms and conditions of use. Evomaru Pty Ltd (EVOHE) may modify the Terms and Conditions without further notice beyond updating this page, continued use of the website indicates your acceptance of these Terms and Conditions, as well as future revisions.

As our products are completely natural, we encourage EVOHE customers to keep products fresh and avoid buying in bulk quantities. All EVOHE products must be used within 12 months of purchase.

Promotions/Sales/Discounts/Offers

All promotions, offers, sales, and discounts are:

  • While stocks last
  • Subject to change
  • Not in conjunction with any other offer, promotion, sale, discount code, or voucher
  • May exclude some products from time to time without being advertised
  • Exclude any shipping fees (totals must be met before shipping fees)
  • Only valid through EVOHE www.evohe.com.au
  • Only valid once per customer

All promotions, sales, and discount codes exclude the following products unless otherwise stated:

  • Packs & Gift Sets
  • Espresso Scrub Bar
  • Trial Sizes
  • Sale Items
  • Gift Cards

All promotions that require a minimum spend to be met:

  • Exclude the value of the bonus item in the minimum spend. For example: the cart must be valued at $60 prior to adding in the bonus product and applying the code to discount this product
  • Are based on the subtotal of the order and do not include GST, shipping, or credit card processing fees in the total

While we enjoy customer participation, only one promotional code can be accepted per order. Promotions are conditional upon quantity and specific time range – further terms and conditions can be viewed here. Please note that it is the responsibility of the buyer to enter any promotional codes at the time of checkout. Promotional codes cannot be applied after an order has been placed. Please contact us at service@evohe.com.au if you have any difficulties processing any promotions. If you are wanting to cancel an order that has already been processed in our system, but before being shipped, a card processing fee will be deducted from your refund.

Free Shipping

All Free Shipping methods offered on www.evohe.com.au are liable to the following conditions:

  • The delivery address is within Australia.
  • The cart has a value above $90.

We offer free standard shipping over $90 within Australia, to qualify for this the following conditions must be met:

  • The cart subtotal equals $90 or more – this excludes shipping costs and GST.
  • If a discount code used puts the order subtotal below $90, then the order does not qualify for free shipping.
  • The delivery address is within Australia.
  • Free shipping is selected at checkout, free shipping cannot be applied once the order is completed.

We also offer free shipping for our EVOSAY subscribers, to qualify for this the following conditions must be met:

  • The customer MUST sign into their EVOHE account to access free shipping.
  • The customer MUST be a subscriber of the ‘EVOSAY’ list currently & the email address must match the EVOHE account to qualify.
  • The delivery address is within Australia.
  • The cart has a value above $40.
  • Free EVOSAY shipping must be selected at checkout, free shipping cannot be applied once the order is completed.
  • Some product exclusions apply including discounted products & sale items.

EVOHE Referral Program

  • You need to be an EVOSAY subscriber to participate in this program and refer a friend.
  • The referred person must be a new EVOHE online customer, our system automatically detects if an order has previously been placed and will not generate a reward.
  • The referred person must live at a different address from you.
  • Fair use policy applies: You can NOT refer yourself by using another email address. Our system will detect this and we have the right to reject your order or voucher.
  • The referred persons’ cart value must have a value above $60 (excluding shipping and GST charges) for the original referrer to receive their discount.
  • Our system is automated, a referral link or coupon code must be entered/clicked at the time of purchase otherwise your referral coupon will not be received.
  • Please refer with integrity and share EVOHE with only those who you think are genuinely interested.

Before & After Pictures

We love seeing the amazing results from our customers using EVOHE Skincare. Share your before and after pictures with us and grab a $50 EVOHE Online Voucher!

  • Before and After images must be submitted to service@evohe.com.au.
  • Images must be of a reasonable quality and size, preferably separate (i.e. not pixelated or too dark).
  • Images must be legitimate before and after photos after using EVOHE Skincare.
  • Images must show a clear difference in skin condition before and after.
  • $50 Voucher will be awarded upon confirmation from our team that your submitted photos are of a reasonable quality and otherwise qualify.
  • The awarded voucher is valid for one (1) year from creation and can be used for any product on www.evohe.com.au.
  • Only one (1) set of pictures can be submitted per person.

Example:

*Submitting your pictures to service@evohe.com.au gives EVOHE Skincare permission to share your before and after pictures including but not limited to: marketing material, advertising, social media and web content.

Unauthorised Stockists/Resellers

Any unauthorised stockists or resellers that order through the www.evohe.com.au website will be immediately refunded and barred from making further orders. If you would like to become an official EVOHE stockist, please apply here.

Reviews

By agreeing to our terms and conditions you consent to receive an invitation to review your order via email.

Social Media Sharing Discount

We love seeing EVOHE customers sharing their posts on social media! Share your social images with us and get a 10% off discount on your next order:

  • Instagram: Your post must be using a public account, a photo posted on your feed (not stories) and tag us at @evoheskincare.
  • Facebook: Your post must be public, photo posted on your feed (not stories), and tag our page ‘EVOHE Skincare’.
  • The products in the photo must be our new branding.
  • By posting this picture you give EVOHE permission to share this photo including but not limited to: marketing material, advertising, social media, and web content.

Recycle Your EVOHE

We all know that sustainability is at the top of everyone’s minds. As a small business, we have always stayed true to our values and committed to doing the best we possibly can. As part of our commitment to always doing better, we are so excited to offer an innovative recycling solution for our range. Visit this page on our website for full instructions: https://evohe.com.au/recycle/. To be eligible customers must:

  • Only return EVOHE products/packaging
  • Collect 8 or more full-size EVOHE products
  • Wash out any unused product from inside the container, pump, and lid
  • Ensure all products are fully clean and dry before returning
  • Fill out the form at: https://evohe.com.au/recycle/
  • Return your products to us with your free self-addressed postbag that you will receive with your next EVOHE order.
  • Be located in Australia/have an Australian address

Ownership/Limitation of Liability

This website and its products are owned and offered by Evomaru Pty Ltd to you, the user upon your acceptance of the Terms and Conditions as stated on this page. Your use of this site is subject to these Terms and Conditions of Use and all relevant laws, regulations, and statutes.

This website provides information about Evomaru Pty Ltd, our business, products, and services, including the ability to purchase products. The information is not medical advice and any content should not be used as a guarantee or assurance of any treatment, or use of any product.

Users should be aware that no federal agency has deemed the products listed on the website to be intended to treat, cure, or prevent any disease or medical ailment. Users should not construe the information provided as a guarantee of treatment with using any product or service.

Our information on our products listed herein provides our suggestions and recommendations from our own testing and knowledge base, the user accepts that they will be held liable for any risks of using the site or services rendered after the approval of the purchase. In addition, although we put significant effort into monitoring the website integrity, we accept no liability that the website itself is free from viruses, defects, malware, or errors that may affect the functionality of the website.

Privacy Policy

This privacy policy (this “Privacy Policy”) applies to your use of the www.evohe.com.au website (the “Website”), which is owned and operated by [Evomaru Pty Ltd]

(“EVOMARU PTY LTD “, “us”, “our” or “we”). Your privacy and security are important to us. Please read this Privacy Policy carefully to understand how we will use and protect the personal information you provide us. We will not share your personal information with anyone except as described in this Privacy Policy. We do reserve the right to make changes to this Privacy Policy from time to time, so please check back periodically.

1. WHAT INFORMATION WE COLLECT FROM YOU.

1.1 Personal Information vs. Non-Personal Information. Our primary goal in collecting information from you is to provide you with an efficient and helpful experience while using the Website. In order to do so, the Website collects two types of information about you, Personal Information and Non-Personal Information. “Personal Information” refers to information that lets us know the specifics of who you are and which can be used to identify, contact or locate you. We may also collect and use Personal Information to verify your identity when you are making purchases via the Website. Examples of Personal Information include your first name together with your last name, your credit card number, your mailing address and/or email address, and your phone number. Generally, we collect Personal Information when you use the Website to make product purchases, fill out surveys, correspond with us, choose to submit testimonials, stories, photos, or the like to the Website, or otherwise volunteer information about yourself. “Non-Personal Information” refers to information that does not by itself identify you or a specific individual. Examples of Non-Personal Information we may collect include demographic information, which web pages of ours are most often visited, and which of our products are either receiving the most purchases or website visits. We may collect Non-Personal Information through any of the methods discussed above as well as automatically through the use of industry-standard technologies discussed further below.

1.2 Access and Change to Personal Information. Upon written request, EVOMARU PTY LTD will use reasonable efforts to allow users to update or correct Personal Information previously submitted but only to the extent that such activities will not compromise privacy or security interests. Also, upon a user’s written request, EVOMARU PTY LTD will functionally delete the user and his or her Personal Information from the database where such information is stored; however, it may be impossible to delete a user’s entry without some residual information being retained because of the nature in which backups of data are maintained.

1.3 Information You Provide To Us. You will have the opportunity to provide us with Personal Information and Non-Personal Information which we will collect directly from you as follows (this is not an exhaustive list):

(a) For visitors via email hyperlink. For visitors who provide photographs, stories, testimonials or other feedback about our products or our Website, or provide us any other information via correspondence or otherwise (“Content”) directly via an email hyperlink on the Website, we collect your first and last name, email address and any Content included in the email. By submitting Content, you agree that EVOMARU PTY LTD may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in EVOMARU PTY LTD’s marketing and advertising materials.

(b) For customers purchasing products. If you make purchases at our online store, we will collect and maintain your name, email address, mailing address, telephone number, purchased product information, credit card number (through Stripe), order tracking number, referring URL, IP address, and a password. If you purchase a gift certificate at our online store, we will also collect the name, email address, mailing address, and telephone number of the recipient. Before confirming your order, you will have the opportunity to review the order form and make changes and additions to the information it contains and these changes will automatically be kept for future use. If you cancel an order or do not complete an order, we may collect and use any email address or other information that you have entered as we would collect and use it if you had completed an order.

(d) For subscribers to our website. If you sign up for information relating to the EVOHE Newsletter, we will collect and maintain your name, email address, mailing address, and telephone number. If you cancel a subscription, we may collect and use any email address or other information that you have entered.

1.4 Information Collected Through Technology. We or our third-party service providers may collect information from visitors to the Website regarding the referring URL, your IP address, which browser you used to come to the Website, information regarding your domain server, the country, state, and telephone area code where your server is located, your type of computer, timestamp data and the pages of the Website that you viewed during your visit. Some of this information is gathered through the following technologies:

(a) Cookies. In order to improve your user experience we may use cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of the Website. Our cookies do not generally contain any personally identifying information. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. Not accepting cookies may make certain features of the Website unavailable to you.

(b) IP Address. You can visit many areas of the Website anonymously without the need to become a registered user. Even in such cases, we may collect IP addresses automatically. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. Each time you access the Website and each time you request one of our pages, our server logs your IP address. Standing alone, your IP address is not necessarily personally identifiable.

(c) Web Beacons. EVOMARU PTY LTD may use a variety of other technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in web pages and e-mails. We may use these technical methods in HTML e-mails that we send our users to determine whether they have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.

2. USE AND DISCLOSURE OF PERSONAL INFORMATION.

2.1 Use of Personal Information and Non-Personal Information. We use Personal Information and Non-Personal Information in order to fill your orders, to communicate with you about your orders or other requests, and to send you informational and promotional materials, including about upcoming EVOMARU PTY LTD (EVOHE) promotions and events. In addition, we may use Personal Information and Non-Personal Information to learn more about our community and/or customers so we can improve our products, promotions, and events. The following are some specific examples of how we may use the information that we collect from you. This list is not exhaustive and is published as a guide only:

(a) System Administration. We use your IP Address and other information discussed above in Section 1.4 for the purposes of system administration, to assist in diagnosing problems with our server, to monitor our system performance and the level of activity on the Website in general, and about specific portions of our Website and how the traffic on our Website is apportioned and from where it may come, and to gather broad demographic information about our Website visitors and customers, so we can make it easier and more convenient for you to navigate and use the Website, and make our Website more useful and better targeted for you and our community in general.

(b) Personalisation. We use Cookies and IP Addresses to provide features such as personalisation. We may also use cookies to assist us in delivering content specific to your interests, such as informing you of certain third-party offerings.

(c) Notices to Recipients Regarding Orders or Other Requests. If you have made a purchase via the Website, we may use your Personal Information to send one or more emails regarding your order, including regarding customer service issues. We may also telephone you regarding fulfillment of your order.

(d) Newsletters & Promotional Emails; Opt-Out Option: We may offer free electronic newsletters and promotional emails regarding upcoming products, promotions, events and/or services offered on the Website. We may use your Personal Information to send you newsletters and emails periodically listing current products, promotions, events and/or services, or other items available for purchase on our Website or from our marketing partners or sponsors. However, you have the choice to opt-out of receiving such newsletters and promotional emails for products and/or services offered on the Website by sending an email to us at service@evohe.com.au and/or following the instructions in our promotional email. Once we have processed your opt-out request, we will not send you promotional emails with respect to products and/or services offered by us through the Website unless you opt back in to receiving such communications directly.

(e) Reproduction of Content. If you submit Content to EVOMARU PTY LTD, you agree that EVOMARU PTY LTD may use your Personal Information and such Content as permitted under this Privacy Policy, including reproducing the Content on the Website and in EVOMARU PTY LTD’s marketing and advertising materials.

(f) Contact Information: If you contact us by telephone, email or letter, we may keep a record of your contact information, correspondence or comments. If you report a problem with the Website, we may collect this information in a file specific to you. In addition, if you provide us feedback through the Website, by email or by calling us, we may ask for your name and email address in order to send you a reply. You may contact us through any of the means provided at the end of this document to request the removal of this information from our database, subject to section 1.2.

2.2 Disclosure of Personal Information.

(a) General Rule. Except as otherwise stated in this Privacy Policy, we do not sell, trade or rent your Personal Information collected on the Website to others. EVOMARU PTY LTD may disclose your Personal Information to its related parties. Such related parties may use your Personal Information only to the extent permitted to be used by EVOMARU PTY LTD pursuant to this Privacy Policy.

(b) Service Providers. We may disclose your Personal Information to our third-party service providers, including companies we retain to manage or host the Website, companies we retain to fulfill product purchases or to provide services to you on our behalf, and companies we retain as consultants to conduct research on our behalf. These third parties may not use your Personal Information other than to provide the services requested by us. For example, we will release your credit card number to confirm payment and release your name and mailing address information to the mail or delivery service to deliver and track the products that you ordered. With respect to Non-Personal Information, we also share website usage information we gather from visitors to the Website who have received a targeted promotional campaign with our third-party advertising service partners for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. For this purpose, we and our third-party service partners may note some of the pages you visit on the Website through the use of web beacons. In addition, we may provide aggregated statistics about our customers, sales, traffic patterns, and related Website information to third parties. We reserve the right to use or disclose Non-Personal Information in any manner.

(c) Links to Other Websites. Our Website may contain links to third-party websites to which we have no affiliation. EVOMARU PTY LTD does not share your Personal Information with those websites and is not responsible for their privacy practices. EVOMARU PTY LTD suggests you read the privacy policies on those third-party websites.

(d) Enforcement of Law and/or Terms of Use. From time to time, we may be required by law enforcement or judicial authorities to provide Personal Information to the appropriate governmental authorities. We will disclose Personal Information upon receipt of a court order or subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our products or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful. Moreover, we may use or release account information and Personal Information when we believe that such release is reasonably necessary to enforce or apply our Terms of Use or to protect the rights, property, and safety of our users, others, and ourselves.

(e) Change in Control. We may transfer your Personal Information to a successor in interest to EVOMARU PTY LTD if EVOMARU PTY LTD is acquired by or merged with another organization. In such event, EVOMARU PTY LTD will use reasonable efforts to notify you (either by posting notice on the Website or by email to you at the last known email address) before information about you is transferred and becomes subject to a different privacy policy, provided however, in the event EVOMARU PTY LTD fails to notify you, your Personal Information will still be transferred but subject to this Privacy Policy.

3. SAFEGUARDING YOUR PERSONAL INFORMATION.

3.1 Our Security Measures. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking institutions, process agents, and distribution institutions. They receive the information they need to verify and authorize your credit card transactions and to ship your order. When collecting credit card information for online purchases, we offer secured server transactions that encrypt your information in transit to prevent someone from intercepting it and misusing it. When you access your account information, the information is kept on a secure server. Furthermore, all of the customer data we collect is protected against unauthorized access by physical security means. Although EVOMARU PTY LTD uses reasonable efforts to safeguard the security of your Personal Information, transmissions made on or through the Internet are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by SSL technology and are vulnerable to interception during transmission. You hereby acknowledge that EVOMARU PTY LTD is not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.

3.2 Protecting Yourself. You are solely responsible for safeguarding and maintaining the secrecy of your User ID, passwords and/or any account information in your possession or control. Please be careful and responsible whenever you are online. The Website contains links to third parties who may collect information directly from you. Each of the websites linked from the Website has separate privacy policies and data collection practices, independent of EVOMARU PTY LTD , and EVOMARU PTY LTD has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites nor does EVOMARU PTY LTD make any warranties or representations about the contents, products or services offered on such websites or the security of any information you provide to them. You can learn more about Internet privacy from government websites such as www.privacy.gov.au. In addition, it is important to keep us updated with your most current contact information. You may ask us in writing via mail or email at service@evohe.com.au to have the information on your account deleted, updated, or corrected, subject to Section 1.2; however, because we keep track of past purchases, you cannot delete information associated with past purchases. Note that we may retain changed or deleted information for archival or other purposes.

4. GENERAL

4.1 Changes to Our Policy. This Privacy Policy is effective with respect to any Personal Information collected on or after the effective date set forth below. EVOMARU PTY LTD reserves the right to modify or supplement this Privacy Policy at any time. If we make any changes, we will update the Website and Privacy Policy to include such changes and notice thereof. Please review this Privacy Policy often to review any changes that may affect your use of the Website. Your continued use of the Website once the revised Privacy Policy has been posted on the Website affirms your agreement to such changes.

4.2 Contact Us. If you have any questions about this Privacy Policy, the practices of our Website, or your dealings with our Website, please contact us by sending a letter or email to: service@evohe.com.au

Copyright & Trademarks

Evomaru Pty Ltd owns or licenses the copyrights to all content on the website and all trademarks, service marks, service names, trade names, trade dress, and products of Evomaru Pty Ltd. All website design, content (including but not limited to text, codes, graphics, logos, photos), and intellectual property is protected as copyright under Australian and other international trademark laws and is under the ownership of Evomaru Pty Ltd our affiliates, partners, and licensors.

Evomaru Pty Ltd will enforce intellectual property rights to the fullest extent under legal jurisdiction. Users may not use, alter, reproduce, redistribute, transmit, or exploit any of our content without the written permission of Evomaru Pty Ltd. Nothing on this website grants users with the approval to use any content, in whole and in part, without the written permission of Evomaru Pty Ltd.

Request for permission to reproduce any information contained on the website, such as for marketing purposes should be addressed to service@evohe.com.au . Even with permission, Evomaru Pty Ltd reserves the right to final approval before the publication of using our content. You, the user, shall agree that you will not use the website or website content to violate any applicable laws or regulations of any country.

Feedback

Any information you provide including but not limited to feedback, questions, ideas, will be under the unrestricted ownership of Evomaru Pty Ltd to be used for any purpose.

User Obligations

You agree to use the website or its contents in compliance with these Terms and Conditions. You will act in accordance with the law, and may not:

  1. Impair the use of the site for other users
  2. Compromise the site operation and integrity
  3. Alter the site
  4. Gain unauthorized access to confidential information such as other accounts, or private networks
  5. Provide false information
  6. Solicit, and send spam, or unwanted advertisements
  7. Upload or disclose offensive, unlawful, threatening, defamatory, and objectionable material
  8. Infringe upon the rights of third parties and other users
  9. Create any virus, programs, or malware that inhibit, interrupt, damage, and compromise the functionality and security of the website and the related software and hardware

You, the user, are responsible for ensuring your actions and use of the Website are lawful and do not violate any applicable law, or regulation. Evomaru Pty Ltd reserves the right to review user conduct at will.

User Eligibility

In order to use the site to purchase goods and submit feedback, as well as to legally enter into contracts, you must be at least 18 years of age. You must provide genuine information about yourself as requested during purchase and feedback. If Evomaru Pty Ltd detects suspicious or incomplete information, we reserve the right to cancel any business transactions. If you are under 18, you may only use this website with the consent of your parent or guardian who has agreed to the Terms and Conditions herein.

Prices

Item prices may change. Your shopping cart will reflect the most recent price.

Prices exclude shipping and handling charges which will be calculated at checkout. Sales tax (GST) and a Credit Card Processing Fee may be applied where applicable

Prices held in a shopping cart do not reserve the price for the product at that time, and prices are reserved only after an order has been submitted. In the possibility that there is mispricing, Evomaru Pty Ltd will charge you the lower price if the item’s correct price is lower, or contact you for instructions if the correct price of an item is higher than stated.

Discounts and final sale promotions are not eligible for any other offers, and final sale promotions are not eligible for refunds.

Free shipping applies to your final order total excluding GST, after any discounts have been applied (this includes discount codes, customer loyalty points redemption, refer a friend etc), not the original full price. This offer is at the discretion of EVOMARU PTY LTD and EVOMARU PTY LTD reserves the right to remove this offer during discounts and special promotions.

Product Information

Although we try to keep the site as updated as possible, some information, descriptions, photographs, and prices on our site may not always reflect the most recent correct information.

Individual Distribution of Products

To set up a business wholesale account with us, register your interest by email to service@evohe.com.au

We do not permit individuals buying our products for reselling and redistribution. Any such orders are a direct violation of our Terms and Conditions and are subject to order cancellation or a reduction in quantity.

Product Ownership

When you have placed your order, we will send you an acknowledgment that we are processing your order, this is not an acceptance of ownership transfer. Evomaru Pty Ltd owns the products until we ship the goods to you with full payment.

Payment

You may pay with Credit/Debit Card that belongs to you or that you have permission to use. All cardholders are subject to validation and authorisation checks by the card issuer. If the card issuer refuses payment to us, we are not liable for any delays or non-delivery.

Risk

Risk of loss and damage of the products is passed onto you upon delivery. Although our products are carefully formulated, should you develop adverse reactions, we will not be held liable once ownership of the product is passed onto you.

Limitation of Liability, Indemnification, Representations, Warranties

This site and all its content, material, products, functions, pictures, and information are presented “as is”. There are no representations or warranties of any kind, direct or implied, in connection with the Terms and Conditions or the Site, including but not limited to: non-infringement for a specific purpose, warranties of merchantability, except to the extent such representations and warranties are not legally excludable.

Evomaru Pty Ltd accepts no liability arising from the website, or on links provided from the website, being incorrect, incomplete, or misleading.  To the fullest extent permitted by law, Evomaru Pty Ltd will not be liable for any loss, damage, cost, or expense incurred in or arising by reason of any person relying on the information from this website.

Where conditions and warranties implied by law cannot be excluded, Evomaru Pty Ltd limits its liability, where it is entitled to do so, to the resupply of the relevant service and goods, or payment of the monetary value of the resupply.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Indemnity

You agree to defend, indemnify and hold us harmless for any loss, damages, or costs, including reasonable legal fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

Your use of this website and any services rendered shall be governed by Australian Law under the jurisdiction of the State of Queensland.

Summary

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and Shipping Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site.

We have taken great measures to ensure that your visit to EVOHE is an enjoyable one. If you have any questions, comments, or concerns about our privacy practices, please contact us by email at service@evohe.com.au

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