Terms of service

Acceptance of Terms

Welcome to the Eimele Pty Ltd website (“Website”).

Eimele Pty Ltd provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Eimele Pty Ltd service you are also subject to any rules or guidelines, which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use.

Your continued use of the Website constitutes an affirmative, acknowledgement and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.

These Terms of Use will be governed by and construed in accordance with the laws of Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.

For the purpose of these Terms of Use, “Content” means a material such as text, software, images, audio and video, including links to that material.

Accuracy of Information

All material on the Website is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of the Website is at your sole risk. Access to the Website is provided on an 'as available' basis. Neither Eimele Pty Ltd or its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Eimele Pty Ltd will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.

Product Descriptions

Eimele Pty Ltd and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Eimele Pty Ltd does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.

Limitation of Liability

The Trade Practices Act and similar state and territory legislation in Australian may confer rights and remedies on you in relation to the provision by Eimele Pty Ltd of goods or services on the website which cannot be excluded, restricted or modified ("Non-excludable Rights"). Eimele Pty Ltd does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.

Except as provided for by the Non-excludable Rights: (a) all Content is provided "as is" and “as available” without warranties or guarantees of any kind, either express or implied, (b) Eimele Pty Ltd and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Eimele Pty Ltd does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Eimele Pty Ltd does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Eimele Pty Ltd ) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.

To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Eimele Pty Ltd) will Eimele Pty Ltd or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Eimele Pty Ltd does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the maximum extent permitted by law, Eimele Pty Ltd ‘s liability for breach of any implied warranty or condition, which cannot be excluded, is limited, at the option of Eimele Pty Ltd, to the following:

• In the case of services supplied or offered by Eimele Pty Ltd, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
• In the case of goods supplied or offered by Eimele Pty Ltd , (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.


Indemnity

You agree to indemnify and hold harmless Eimele Pty Ltd and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand to arise out of or in connection with your use and access to the Website.

Copyright

The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer's cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Eimele Pty Ltd or the appropriate supplier or licensor of Eimele Pty Ltd.

You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.

All software used on this website is the property of Eimele Pty Ltd or its software suppliers and is protected by Australian  and international copyright laws.

Trademarks

The Eimele Pty Ltd logo and the logos of the Eimele Pty Ltd products are registered trademarks of Eimele Pty Ltd or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a website, without the express written permission of the relevant owner.

Eimele is protected in the United States of America by the United States Patent & Trademark Office (USPTO) under Registration Number 4,740,940. Any use of the brand Eimele must be approved by Eimele Trading Ltd.

Your Account, Membership and/or Registration

In consideration of your use of the Website, you agree to:

• Provide true, accurate, current and complete information about yourself as prompted by the website’s registration form (such information being the "Registration Data"); and
• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

In particular, to register, you must provide your real name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or Eimele Pty Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eimele Pty Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

If you use this Website, you are responsible for maintaining the confidentiality of your Registration Data and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Electronic Communications and Your Conduct

When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Eimele Pty Ltd, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").

It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:

• Restrict or inhibit any other user from using or enjoying any Communication Facility;
• Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
• Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
• Post or transmit any material of any kind which contains a virus or other harmful component;
• Post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
• Download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.

Eimele Pty Ltd may from time to time monitor or review the contents of its Communication Facilities. While Eimele Pty Ltd reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Eimele Pty Ltd ’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Eimele Pty Ltd has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Eimele Pty Ltd responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.

Eimele Pty Ltd reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

Contributions

Eimele Pty Ltd may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Eimele Pty Ltd disclaims any and all liability in connection with Contributions. Eimele Pty Ltd assumes no responsibility for monitoring any Contributions and does not endorse the information Contributions. Eimele Pty Ltd is under no obligation to treat your Contribution as confidential.

Eimele Pty Ltd may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.

Eimele Pty Ltd may repost or share any information or content you upload to public networks in relation to Eimele and/or its products.

User License To Eimele Pty Ltd

By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Eimele Pty Ltd and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the Contributions, information or material:

• Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
• Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Eimele Pty Ltd and any other party authorised by Eimele Pty Ltd all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Eimele Pty Ltd, you will execute and deliver to Eimele Pty Ltd such instruments and take such other actions as may be required to carry out this grant of license and waiver.

Online Security

At Eimele Pty Ltd we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.

Eimele Pty Ltd will never ask you to provide personal information like your bank details, credit card details, your address, driving licence or passport numbers via email.

If you’re making an online purchase from Eimele Pty Ltd and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details.

Please REPORT any suspicious activity to us immediately.

Risk Of Loss

All items purchased from Eimele Pty Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Third party links and advertising

Hyperlinks and pointers to websites operated by third parties will appear on Eimele Pty Ltd from time to time. These websites do not form part of the Website and are not under the control of Eimele Pty Ltd or its related bodies corporate and neither Eimele Pty Ltd nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such websites you leave the Website and do so entirely at your own risk.

The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Eimele Pty Ltd or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.

If you contact a third party using functionality provided on the Website, including via email, Eimele Pty Ltd accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.

Errors And Omissions

Eimele Pty Ltd endeavours to maintain the accuracy of product images, product descriptions, stock availability and prices, we do however reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Delivery & Customs

We ship our items from worldwide offices/dispatch centres located around the world from 7 conveniently positioned locations in USA, Australia, Europe, Asia & Canada. All customers are responsible for any import customs, duty or taxes. Given our warehouse locations, customers in USA, Canada & Australia need not worry about customs as we ship using domestic mail to these locations.

Returns, Repairs and Warranties

Eimele Pty Ltd will accept returns only for damaged goods that are not opened. Due to regulations worldwide we cannot accept any refunds for open packages.

Eimele Pty Ltd will not accept returns or refunds for 'change of mind' once a purchase has been made. Any customer who is concerned their product is damaged or faulty can contact us via our contact us page to discuss the refund. All return requests must email hello@eimele.com within 2 weeks of receiving their order.

Wholesale

Unless given prior written approval from Eimele Pty Ltd you are not entitled to resell Eimele products via any sales medium whether online or offline. To become an authorised reseller please contact hello@eimele.com. Eimele Pty Ltd reserves to stop supplying any customer who is found to be reselling without permission.

Subscription

Eimele Pty Ltd offers a subscription service whereby the customer opts in to a regular monthly delivery which is automatically billed every 30, 60 or 90 days.  By subscribing the customer receives a 10% discount from the standard product price. Upon signing up the customer agrees to a minimum of two deliveries. Following the two minimum deliveries, the customer can cancel the subscription at any stage. Subscription will be ongoing until the customer requests a cancellation by emailing hello@eimele.com. Purchases made via subscription are not entitled to our rewards program since a discount is already applied at checkout.

*These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent disease.

Essential 8 Subscription Competition:

1. Information on how to enter and prizes form part of these conditions. By participating, entrants agree to be bound by these conditions. Entries must comply with these conditions to be valid.
2. The Promoter is eimele PTY LTD ABN 49 629 485 481
3. The competition commences at 9am AEST Thursday 11th August 2022 and ends 12pm AEST Wednesday 31st August.
4. Entry is open to Australian residents who are aged 18 years or over (Eligible Entrants). Officers, employees and their immediate families, of the Promoter, retailers, suppliers, associated entities and agencies associated with this Competition are ineligible to enter.
5. To enter, Eligible Entrants must purchase an Essential 8 Monthly Subscription and agree to have their information securely shared between major sponsors listed below. Customers with an existing Essential 8 subscription are automatically included in the draw.

Entry Mechanisms

To enter, Eligible Entrants must:
1. Purchase an Essential 8 Monthly Subscription
2. For a bonus entry, follow @eimele on Instagram or Tik Tok

The Prize on offer:
X1 Major prize for one winner valued at $879, consisting of X6 months supply of Essential 8 RRP $414, $300 Nimble Active voucher and X1 Sol Cups Cool Tones Bundle RRP $165.

The Prize is not transferable and is not redeemable for cash.

1. The Prize must be claimed within 48 hours.
2. All taxes (excluding GST) which may be payable as a consequence of receiving the Prize are the sole responsibility of the winner.
3. The Promoter is not liable for any loss, damage or injury suffered (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.
4. The winner will be notified within 48 hours of judging and contacted directly by the brand.
5. The Promoter will be responsible for any shipping costs to deliver the prize packs.
6. In the event that the Prize (or any part of the Prize) becomes unavailable for reasons beyond the Promoter's control, the Promoter may substitute a prize (or the relevant part of a prize) with a prize of equal or greater value.
7. If a prize is not accepted or claimed within 2 weeks of the Judging Date and Time, the relevant winner’s entry will be deemed invalid and the Promoter will distribute any unclaimed prizes to the next best ranking entry or entries (as applicable), as determined by the judges or the Promoter in its absolute discretion. Winners of unclaimed prizes will be notified in writing to their email address provided at the time of entry.
8. The Promoter assumes no responsibility for any failure to receive an entry or for inaccurate information or for any loss, damage or injury as a result of technical or telecommunications problems, including security breaches. If such problems arise, then the Promoter may modify, cancel, terminate or suspend the Competition.
9. Personal information including an Eligible Entrant’s name and email address will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Promoter’s agents or third party service providers, for the purpose of conducting the Promotion, or for promotional and marketing purposes (including for direct marketing). By entering this Competition, Eligible Entrant’s consent to the use of their personal information for the Purpose.
10. Eligible Entrants may access, change and/or update their personal information by contacting the Promoter. A copy of the Promoter’s Privacy policy is available at www.assemblylabel.com. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy-related complaint.
11. Entries must be the Eligible Entrant's original work. The Promoter reserves the right to require the Eligible Entrant to verify that the entry is the Eligible Entrant's original work. If the Promoter is unable to verify that the entry is original work to its satisfaction, the entry may be deemed invalid.
12. Eligible Entrants warrant that their entry is not in breach of any third party intellectual property rights. Entrants agree to indemnify the Promoter and its associated agencies against all losses, damages, claims and costs by third parties arising out of, connected to, or resulting from, a breach of the warranty set out in this clause.
13. An Eligible Entrant's entry must not include:
(a) any image, video or voice of any other person without that person’s express consent; and
(b) any content that contravenes any law;
(c) any content that is obscene, offensive, potentially defamatory, discriminatory, indecent, prejudicial or inconsistent with prevailing community standards.

1. By entering this Competition, Eligible Entrants grant the Promoter a non-exclusive licence to use the content of their entry, or any part of the content of the entry, in any way the Promoter wishes (including modifying, adapting, copying, cropping, retouching, editing, publishing, broadcasting or communicating the entry whether in original or modified form in whole or in part) in all media for the purposes of the Promoter's business on its website, social media or in any marketing campaign, without payment to the Eligible Entrant. If requested by the Promoter, Eligible Entrants agree to sign any further documentation required by the Promoter to give effect to this clause.
2. The Promoter is not responsible for any loss, damage or injury to Eligible Entrants resulting from participation in this Competition including arising from any comments made, or material published, by third parties about the participant on any social media platform in connection with this Competition.
3. The Promoter's decision is final and binding and no correspondence will be entered into. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Entries will be deemed void if illegitimate, forged, manipulated or tampered with in any way.
4. Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant's responsibility to notify the Promoter.
5. The Promoter reserves the right to request verification of Eligible Entrants and of the age, identity, residential address of winners and any other information relevant to entry into or participation in this promotion. Verification is at the discretion of the Promoter, whose decision is final. The Promoter reserves the right to disqualify any individual who submits an entry that is not in accordance with these terms and conditions, who is involved in any way in interfering or tampering with the conduct of this Competition, who has breached any of these conditions, or who has otherwise engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Competition. Failure by the Promoter to enforce any of its rights does not constitute a waiver of those rights.
6. Winners may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Promoter. These terms and conditions do not exclude, restrict or limit those statutory rights in any way. However, to the extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability whether arising in tort (including without limitation negligence), contract or otherwise for any personal injury or any other loss or damage (including without limitation loss of opportunity or loss of profits) whether direct, indirect, special or consequential, arising in any way out of the Competition, including, without limitation (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in market value to that stated in these terms and conditions; (e) any tax implications; and/or (f) the Prize or use of the Prize.
7. If for any reason beyond the reasonable control of the Promoter this Competition is not capable of running as planned, the Promoter reserves the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.