LAST UPDATED: JUNE 2026
THIS ECOM CAPITAL OS PLATFORM, PORTAL, DASHBOARD, LEARNING PLATFORM, COMMUNITY, CHAT FUNCTION, RESOURCE LIBRARY, REPLAY LIBRARY AND ANY RELATED ONLINE FEATURE, WEBSITE, APPLICATION OR DIGITAL SERVICE MADE AVAILABLE BY ECOM CAPITAL PTY LTD ACN 643 564 452 (“ECOM CAPITAL”, “WE”, “US” OR “OUR”) IS PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS OF USE (“TERMS”). BY ACCESSING, BROWSING, REGISTERING FOR, LOGGING INTO OR USING ECOM CAPITAL OS IN ANY WAY, WHETHER AUTOMATED OR OTHERWISE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, ANY COMMUNITY RULES, AND ANY OTHER PLATFORM RULES, POLICIES OR REASONABLE DIRECTIONS PUBLISHED OR COMMUNICATED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE ECOM CAPITAL OS.
IF YOU HAVE ENTERED INTO A CLIENT SERVICES AGREEMENT, PROGRAM AGREEMENT, ORDER FORM, PAYMENT ARRANGEMENT, REFUND POLICY, ONBOARDING FORM OR OTHER WRITTEN AGREEMENT WITH ECOM CAPITAL, THESE TERMS OPERATE TOGETHER WITH THAT AGREEMENT. TO THE EXTENT OF ANY INCONSISTENCY, THE CLIENT SERVICES AGREEMENT OR OTHER SIGNED WRITTEN AGREEMENT WILL PREVAIL IN RELATION TO THE SCOPE OF PAID SERVICES, PAYMENT OBLIGATIONS, REFUNDS, SUSPENSION OR TERMINATION OF PAID SERVICES, OWNERSHIP OF STORE DELIVERABLES, ACCESS PERIODS, SERVICE INCLUSIONS, CLIENT OBLIGATIONS AND ANY OTHER MATTER EXPRESSLY DEALT WITH IN THAT AGREEMENT. THESE TERMS ARE INTENDED TO GOVERN YOUR USE OF ECOM CAPITAL OS AS A PLATFORM, INCLUDING USER CONDUCT, COMMUNITY PARTICIPATION, PLATFORM ACCESS, INTELLECTUAL PROPERTY, CONFIDENTIALITY, SECURITY AND ACCEPTABLE USE. THESE TERMS DO NOT REPLACE, VARY OR REDUCE THE RIGHTS AND OBLIGATIONS SET OUT IN ANY SIGNED CLIENT SERVICES AGREEMENT UNLESS EXPRESSLY AGREED IN WRITING. NOTHING IN THESE TERMS LIMITS, EXCLUDES OR MODIFIES ANY RIGHT, GUARANTEE, REMEDY OR PROTECTION THAT CANNOT LAWFULLY BE LIMITED, EXCLUDED OR MODIFIED UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW.
YOU MUST BE AT LEAST 18 YEARS OLD AND HAVE LEGAL CAPACITY TO ACCESS OR USE ECOM CAPITAL OS. YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION WHEN REGISTERING FOR AN ACCOUNT OR ACCESSING THE PLATFORM, AND TO KEEP THAT INFORMATION UP TO DATE. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND ACCOUNT ACCESS DETAILS, AND YOU ARE RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT UNLESS SUCH ACTIVITY WAS CAUSED BY OUR ACT OR OMISSION. YOU MUST NOT SHARE YOUR ACCOUNT ACCESS WITH ANY OTHER PERSON UNLESS EXPRESSLY AUTHORISED BY ECOM CAPITAL IN WRITING. YOU MUST NOTIFY US PROMPTLY IF YOU BECOME AWARE OF ANY UNAUTHORISED USE OF YOUR ACCOUNT, PASSWORD OR LOGIN CREDENTIALS.
SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS, YOUR CLIENT SERVICES AGREEMENT, PAYMENT OBLIGATIONS AND ANY APPLICABLE PROGRAM RULES, ECOM CAPITAL GRANTS YOU A LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE AND REVOCABLE LICENCE TO ACCESS AND USE ECOM CAPITAL OS FOR YOUR OWN INTERNAL BUSINESS LEARNING, EDUCATION, COACHING, IMPLEMENTATION AND COMMUNICATION PURPOSES. THIS LICENCE DOES NOT TRANSFER OWNERSHIP OF ECOM CAPITAL OS, THE PLATFORM, SOFTWARE, COACHING MATERIALS, TEMPLATES, GUIDES, FRAMEWORKS, WORKSHEETS, RECORDINGS, RESOURCES, TOOLS, SYSTEMS, PROCESSES, DOCUMENTS, VIDEOS, REPLAYS, TRAINING MATERIALS OR ANY OTHER ECOM CAPITAL INTELLECTUAL PROPERTY TO YOU. YOU MUST NOT USE ECOM CAPITAL OS FOR ANY PURPOSE OTHER THAN THE PURPOSE FOR WHICH ACCESS WAS PROVIDED.
ALL RIGHTS, TITLE AND INTEREST IN ECOM CAPITAL OS AND ALL ECOM CAPITAL MATERIALS REMAIN OWNED BY ECOM CAPITAL OR ITS LICENSORS. THIS INCLUDES ALL INTELLECTUAL PROPERTY RIGHTS IN TRAINING MODULES, COACHING MATERIALS, TEMPLATES, GUIDES, FRAMEWORKS, WORKSHEETS, VIDEOS, RECORDINGS, REPLAYS, DASHBOARDS, RESOURCES, PROCESSES, SYSTEMS, DOCUMENTS, PLATFORM STRUCTURE, SOFTWARE CONFIGURATION, COMMUNITY RULES, OPERATING PROCEDURES, BRANDING, TRADE MARKS, BUSINESS METHODS AND ANY UPDATES, MODIFICATIONS, IMPROVEMENTS OR DERIVATIVE WORKS. UNLESS EXPRESSLY AUTHORISED IN WRITING, YOU MUST NOT COPY, REPRODUCE, PUBLISH, DISTRIBUTE, SELL, LICENCE, TRANSFER, DISCLOSE OR SHARE ECOM CAPITAL MATERIALS; UPLOAD ECOM CAPITAL MATERIALS TO ANY EXTERNAL WEBSITE, ARTIFICIAL INTELLIGENCE SYSTEM, PUBLIC PLATFORM, SOCIAL MEDIA ACCOUNT, FILE-SHARING SYSTEM OR THIRD-PARTY TOOL; USE ECOM CAPITAL MATERIALS TO TRAIN, DEVELOP OR SUPPORT ANY COMPETING PRODUCT, SERVICE, COURSE, PROGRAM, AGENCY, CONSULTANCY OR PLATFORM; RECORD, SCREENSHOT, DOWNLOAD, TRANSCRIBE, COPY OR SHARE COACHING SESSIONS, PLATFORM CONTENT, LIVE SESSIONS, REPLAYS OR COMMUNITY CONTENT UNLESS EXPRESSLY PERMITTED BY ECOM CAPITAL; OR ALLOW ANY UNAUTHORISED PERSON TO ACCESS ECOM CAPITAL MATERIALS.
YOU MUST KEEP CONFIDENTIAL ALL NON-PUBLIC INFORMATION YOU ACCESS THROUGH ECOM CAPITAL OS, INCLUDING ECOM CAPITAL BUSINESS INFORMATION, COACHING MATERIALS, TEMPLATES, FRAMEWORKS, PROCESSES, SYSTEMS, PRICING, PERFORMANCE, CLIENT OR OPERATIONAL INFORMATION, INFORMATION SHARED BY OTHER CLIENTS OR COMMUNITY MEMBERS, PRIVATE MESSAGES, SCREENSHOTS, RECORDINGS, NOTES OR TRANSCRIPTS OF SESSIONS, SUPPLIER, PRODUCT, ADVERTISING, PLATFORM OR STRATEGY INFORMATION, AND ANY INFORMATION THAT IS IDENTIFIED AS CONFIDENTIAL OR WOULD REASONABLY BE UNDERSTOOD TO BE CONFIDENTIAL. THIS CLAUSE CONTINUES AFTER YOUR ACCESS TO ECOM CAPITAL OS ENDS.
YOU RETAIN OWNERSHIP OF ANY CONTENT, INFORMATION, DOCUMENTS, IMAGES, LOGOS, PRODUCT INFORMATION, TEXT, BRAND ASSETS, BUSINESS INFORMATION OR OTHER MATERIALS THAT YOU PROVIDE TO ECOM CAPITAL OR UPLOAD TO ECOM CAPITAL OS, UNLESS OTHERWISE STATED IN YOUR CLIENT SERVICES AGREEMENT OR AGREED IN WRITING. BY UPLOADING, SUBMITTING, POSTING OR PROVIDING CONTENT TO ECOM CAPITAL OS, YOU GRANT ECOM CAPITAL A LIMITED, ROYALTY-FREE, NON-EXCLUSIVE LICENCE TO USE, REPRODUCE, HOST, DISPLAY, STORE, TRANSMIT, ADAPT AND PROCESS THAT CONTENT ONLY TO THE EXTENT REASONABLY NECESSARY TO OPERATE ECOM CAPITAL OS, PROVIDE SERVICES TO YOU, COMMUNICATE WITH YOU, MODERATE THE PLATFORM, PROVIDE COACHING, SUPPORT AND TRAINING, DEVELOP OR DELIVER AGREED DELIVERABLES, COMPLY WITH LEGAL, REGULATORY, ACCOUNTING OR OPERATIONAL OBLIGATIONS, AND PROTECT ECOM CAPITAL, USERS, STAFF, CONTRACTORS AND THE PLATFORM. WE WILL NOT SELL YOUR PRIVATE CLIENT MATERIALS OR USE YOUR PRIVATE CLIENT MATERIALS IN PUBLIC MARKETING CASE STUDIES, PAID ADVERTISING OR TESTIMONIALS WITHOUT YOUR CONSENT, UNLESS THE MATERIAL HAS ALREADY BEEN LAWFULLY MADE PUBLIC BY YOU OR ANOTHER AUTHORISED PERSON. YOU WARRANT THAT YOU OWN, CONTROL OR HAVE PERMISSION TO USE ANY CONTENT YOU PROVIDE TO US, AND THAT YOUR CONTENT DOES NOT INFRINGE ANY THIRD-PARTY RIGHTS, BREACH CONFIDENTIALITY, BREACH PRIVACY LAWS, CONTAIN MALWARE, OR CONTAIN UNLAWFUL, MISLEADING, DECEPTIVE, DEFAMATORY OR HARMFUL MATERIAL.
WE COLLECT, USE, STORE AND DISCLOSE PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY AND APPLICABLE PRIVACY LAWS. YOU MUST NOT UPLOAD, POST, SHARE OR DISCLOSE PERSONAL INFORMATION ABOUT ANOTHER PERSON THROUGH ECOM CAPITAL OS UNLESS YOU HAVE THE RIGHT TO DO SO AND THE DISCLOSURE COMPLIES WITH APPLICABLE PRIVACY LAWS. YOU MUST NOT USE INFORMATION OBTAINED THROUGH ECOM CAPITAL OS TO CONTACT, MARKET TO, SOLICIT, HARASS, RECRUIT, SPAM OR OTHERWISE COMMUNICATE WITH OTHER USERS OUTSIDE THE INTENDED PURPOSE OF THE PLATFORM.
YOU MUST NOT COMPROMISE OR ATTEMPT TO COMPROMISE THE SECURITY, INTEGRITY, AVAILABILITY OR PERFORMANCE OF ECOM CAPITAL OS. YOU MUST NOT ATTEMPT UNAUTHORISED ACCESS, BYPASS ACCESS CONTROLS, SHARE LOGIN CREDENTIALS, TEST, SCAN OR PROBE SYSTEM VULNERABILITIES WITHOUT WRITTEN PERMISSION, INTERFERE WITH PLATFORM OPERATIONS, UPLOAD MALWARE OR HARMFUL CODE, USE AUTOMATED SCRAPING, CRAWLING OR EXTRACTION TOOLS, ATTEMPT TO ACCESS ANOTHER USER’S INFORMATION, OR USE ECOM CAPITAL OS IN A WAY THAT CREATES A SECURITY RISK. YOU MUST PROMPTLY NOTIFY ECOM CAPITAL IF YOU BECOME AWARE OF ANY SUSPECTED SECURITY INCIDENT, UNAUTHORISED ACCESS, DATA ISSUE, PRIVACY ISSUE OR PLATFORM VULNERABILITY.
YOU MUST USE ECOM CAPITAL OS LAWFULLY, RESPECTFULLY AND ONLY FOR ITS INTENDED PURPOSE. YOU MUST NOT USE ECOM CAPITAL OS FOR ANY UNLAWFUL, FRAUDULENT, MISLEADING, DECEPTIVE, DEFAMATORY, HARMFUL OR IMPROPER PURPOSE; IMPERSONATE ANY PERSON OR ENTITY OR MISREPRESENT YOUR IDENTITY, AUTHORITY, AFFILIATION, EXPERIENCE, RESULTS OR RELATIONSHIP WITH ECOM CAPITAL; INTERFERE WITH, DISRUPT, DAMAGE, OVERLOAD, ATTACK OR COMPROMISE ECOM CAPITAL OS OR ANY CONNECTED SYSTEM; COLLECT, SCRAPE, HARVEST OR MISUSE USER INFORMATION, EMAIL ADDRESSES, PHONE NUMBERS, PERSONAL INFORMATION OR PLATFORM DATA; USE ECOM CAPITAL OS TO ADVERTISE, PROMOTE, SOLICIT, SELL, RECRUIT, POACH, MARKET, FUNDRAISE OR OFFER PRODUCTS OR SERVICES WITHOUT OUR PRIOR WRITTEN APPROVAL; POST OR SHARE CONTENT THAT IS THREATENING, ABUSIVE, HARASSING, BULLYING, DISCRIMINATORY, DEFAMATORY, OBSCENE, SEXUALLY EXPLICIT, VULGAR, OFFENSIVE, HATEFUL, VIOLENT, MISLEADING, DECEPTIVE, UNLAWFUL OR OTHERWISE HARMFUL; POST OR SHARE CONTENT THAT INFRINGES INTELLECTUAL PROPERTY, PRIVACY, CONFIDENTIALITY, PUBLICITY OR OTHER THIRD-PARTY RIGHTS; RESTRICT OR INHIBIT ANY OTHER USER FROM USING OR ENJOYING ECOM CAPITAL OS; USE ECOM CAPITAL OS TO PROVIDE COMPETING COACHING, CONSULTING, AGENCY, ECOMMERCE, MARKETING, ADVERTISING, TRAINING OR PLATFORM SERVICES; DOWNLOAD, COPY, RECORD, SCREENSHOT, REPUBLISH OR DISTRIBUTE PLATFORM CONTENT EXCEPT WHERE EXPRESSLY PERMITTED; OR BREACH ANY REASONABLE DIRECTION, COMMUNITY RULE, SUPPORT PROCESS OR PLATFORM PROCEDURE PUBLISHED OR COMMUNICATED BY ECOM CAPITAL.
AS A CONDITION OF YOUR PARTICIPATION IN ANY ECOM CAPITAL COMMUNITY, GROUP, FORUM, CHAT, DIRECT MESSAGE FUNCTION, LIVE SESSION, COMMENT SECTION OR OTHER INTERACTIVE FEATURE MADE AVAILABLE THROUGH ECOM CAPITAL OS, YOU AGREE TO COMPLY WITH THESE TERMS AND ANY COMMUNITY RULES, GUIDELINES OR REASONABLE DIRECTIONS PUBLISHED OR COMMUNICATED BY ECOM CAPITAL FROM TIME TO TIME. YOU AGREE TO CONDUCT YOURSELF IN A POSITIVE, RESPECTFUL AND CONSTRUCTIVE MANNER; CONTRIBUTE IN GOOD FAITH AND IN A WAY THAT ADDS VALUE FOR OTHER MEMBERS; TREAT OTHER MEMBERS, CONTRIBUTORS, COACHES, CONTRACTORS AND ECOM CAPITAL STAFF WITH COURTESY AND RESPECT; NOT ENGAGE IN ABUSIVE, THREATENING, HARASSING, BULLYING, DISCRIMINATORY, DEFAMATORY, MISLEADING, DECEPTIVE, OFFENSIVE OR OTHERWISE HARMFUL CONDUCT; NOT POST, UPLOAD, TRANSMIT OR SHARE SPAM, UNSOLICITED PROMOTIONAL MATERIAL, UNAUTHORISED ADVERTISING, AFFILIATE LINKS, COMPETING OFFERS, RECRUITMENT APPROACHES, CLIENT POACHING OR OTHER SOLICITATION WITHOUT ECOM CAPITAL’S PRIOR WRITTEN APPROVAL; NOT SHARE CONFIDENTIAL INFORMATION, PERSONAL INFORMATION, PRIVATE COMMUNICATIONS, SCREENSHOTS, RECORDINGS, TRAINING MATERIALS, COACHING MATERIALS, CLIENT MATERIALS, PLATFORM CONTENT OR OTHER ECOM CAPITAL INTELLECTUAL PROPERTY OUTSIDE THE PLATFORM UNLESS EXPRESSLY AUTHORISED IN WRITING; NOT USE THE COMMUNITY OR INTERACTIVE FEATURES FOR UNLAWFUL PURPOSES, TO INFRINGE ANY PERSON’S RIGHTS, OR TO INTERFERE WITH ANOTHER USER’S REASONABLE USE AND ENJOYMENT OF THE PLATFORM; NOT ENCOURAGE, INCITE, COORDINATE OR PRESSURE OTHER USERS TO MAKE NEGATIVE, DISRUPTIVE, MISLEADING, DEFAMATORY, ABUSIVE OR HARMFUL COMMENTS OR COMPLAINTS, INCLUDING FALSE, UNVERIFIED OR SPECULATIVE ALLEGATIONS PRESENTED AS FACT; NOT USE THE COMMUNITY OR INTERACTIVE FEATURES TO ORGANISE GROUP ACTION AGAINST ECOM CAPITAL, ITS STAFF, CONTRACTORS, CLIENTS OR OTHER USERS, EXCEPT WHERE EXERCISING A LEGAL RIGHT THROUGH APPROPRIATE FORMAL CHANNELS; AND NOT ACT IN A MANNER THAT, IN ECOM CAPITAL’S REASONABLE OPINION, MATERIALLY DISRUPTS THE COMMUNITY, DAMAGES THE SAFETY OR INTEGRITY OF THE PLATFORM, UNDERMINES THE PARTICIPATION OR CONFIDENCE OF OTHER USERS, OR PREJUDICES THE GOODWILL, REPUTATION OR RIGHTS OF ECOM CAPITAL, ITS STAFF, CONTRACTORS, CLIENTS OR OTHER USERS.
IF ECOM CAPITAL REASONABLY CONSIDERS THAT YOU HAVE BREACHED THE COMMUNITY CONDITIONS OF USE, ECOM CAPITAL MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS, DEPENDING ON THE SERIOUSNESS OF THE CONDUCT: ISSUE A WRITTEN WARNING; REMOVE, EDIT OR RESTRICT ACCESS TO SPECIFIC CONTENT; TEMPORARILY RESTRICT, MUTE OR SUSPEND YOUR ACCESS TO COMMUNITY OR INTERACTIVE FEATURES; PERMANENTLY REMOVE YOUR ACCESS TO COMMUNITY OR INTERACTIVE FEATURES; OR, WHERE THE CONDUCT ALSO AMOUNTS TO A BREACH OF YOUR CLIENT SERVICES AGREEMENT, EXERCISE ANY RIGHTS AVAILABLE TO ECOM CAPITAL UNDER THAT AGREEMENT. WHERE REASONABLE AND PRACTICABLE, ECOM CAPITAL WILL NOTIFY YOU OF THE REASON FOR ANY RESTRICTION, SUSPENSION OR REMOVAL. ECOM CAPITAL MAY ACT IMMEDIATELY AND WITHOUT PRIOR NOTICE WHERE IT REASONABLY CONSIDERS THIS NECESSARY TO PROTECT OTHER USERS, STAFF, CONTRACTORS, CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY, PLATFORM SECURITY, LEGAL RIGHTS OR THE PROPER OPERATION OF ECOM CAPITAL OS. REMOVAL FROM A COMMUNITY OR INTERACTIVE FEATURE DOES NOT, BY ITSELF, TERMINATE YOUR CLIENT SERVICES AGREEMENT OR REMOVE YOUR ACCESS TO PAID LEARNING MODULES, COACHING MATERIALS OR OTHER SERVICES, UNLESS ECOM CAPITAL IS SEPARATELY ENTITLED TO SUSPEND OR TERMINATE THOSE SERVICES UNDER THE CLIENT SERVICES AGREEMENT OR APPLICABLE LAW.
NOTHING IN THIS SECTION PREVENTS YOU FROM RAISING A GENUINE CONCERN OR COMPLAINT DIRECTLY WITH ECOM CAPITAL, OBTAINING INDEPENDENT LEGAL ADVICE, OR EXERCISING ANY RIGHT YOU MAY HAVE UNDER LAW, PROVIDED YOU DO SO THROUGH APPROPRIATE FORMAL CHANNELS AND NOT IN A WAY THAT BREACHES THESE TERMS, MISUSES THE COMMUNITY, HARASSES OTHER USERS, DISCLOSES CONFIDENTIAL INFORMATION, OR DISRUPTS THE PLATFORM.
FOR THE PURPOSE OF THIS SECTION, APPROPRIATE FORMAL CHANNELS INCLUDE CONTACTING ECOM CAPITAL DIRECTLY THROUGH ITS SUPPORT OR FORMAL NOTICE CHANNELS, OBTAINING INDEPENDENT LEGAL ADVICE, OR CONTACTING A COURT, TRIBUNAL, REGULATOR, GOVERNMENT AGENCY OR OTHER BODY THAT HAS LAWFUL AUTHORITY TO RECEIVE OR DEAL WITH THE MATTER.
ECOM CAPITAL OS, INCLUDING ALL TRAINING, COACHING, RESOURCES, TEMPLATES, EXAMPLES, REPLAYS, DISCUSSIONS, COMMUNITY CONTENT AND PLATFORM MATERIALS, IS PROVIDED FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES. ECOM CAPITAL DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, FINANCIAL PRODUCT, INVESTMENT, PERSONAL FINANCIAL, MEDICAL OR OTHER REGULATED PROFESSIONAL ADVICE THROUGH ECOM CAPITAL OS. YOU ARE RESPONSIBLE FOR OBTAINING YOUR OWN INDEPENDENT LEGAL, TAX, ACCOUNTING, FINANCIAL, ADVERTISING, CONSUMER LAW, PRIVACY, INTELLECTUAL PROPERTY, PRODUCT COMPLIANCE, PLATFORM COMPLIANCE AND BUSINESS ADVICE BEFORE ACTING ON INFORMATION PROVIDED THROUGH ECOM CAPITAL OS.
YOU ACKNOWLEDGE THAT ECOMMERCE, ADVERTISING, PRODUCT VALIDATION, PRODUCT SOURCING, STORE DEVELOPMENT, SALES, PROFITABILITY AND BUSINESS GROWTH INVOLVE COMMERCIAL RISK. EXCEPT WHERE EXPRESSLY STATED IN A SIGNED WRITTEN AGREEMENT, ECOM CAPITAL DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR SALES RESULT, REVENUE RESULT, PROFIT, RETURN ON INVESTMENT, RECOVERY OF PROGRAM FEES, LAUNCH DATE, PRODUCT OUTCOME, SUPPLIER OUTCOME, ADVERTISING RESULT, STORE CONVERSION RATE, CUSTOMER VOLUME, VALUATION OR BUSINESS OUTCOME, OR THAT YOU WILL AVOID BUSINESS LOSSES. ANY EXAMPLES, CASE STUDIES, TESTIMONIALS, REVENUE FIGURES, ADVERTISING EXAMPLES, STORE EXAMPLES OR PERFORMANCE EXAMPLES ARE PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE TREATED AS A PROMISE, GUARANTEE, FORECAST OR REPRESENTATION THAT YOU WILL ACHIEVE THE SAME OR SIMILAR RESULT.
ECOM CAPITAL OS MAY REFER TO, INTEGRATE WITH, LINK TO OR RELY ON THIRD-PARTY PLATFORMS, TOOLS AND SERVICES, INCLUDING SHOPIFY, META, GOOGLE, SLACK, PAYMENT PROVIDERS, SOFTWARE TOOLS, HOSTING PROVIDERS, ANALYTICS PROVIDERS, EMAIL PROVIDERS, SUPPLIERS, SOURCING AGENCIES, ADVERTISING PLATFORMS AND OTHER THIRD-PARTY SERVICES. THIRD-PARTY PLATFORMS AND SERVICES ARE CONTROLLED BY THEIR RESPECTIVE PROVIDERS AND MAY BE SUBJECT TO SEPARATE FEES, TERMS, POLICIES, RULES AND TECHNICAL LIMITATIONS. UNLESS EXPRESSLY STATED OTHERWISE IN YOUR CLIENT SERVICES AGREEMENT, YOU ARE RESPONSIBLE FOR THIRD-PARTY SUBSCRIPTIONS, ADVERTISING SPEND, SOFTWARE FEES, PLATFORM FEES, PAYMENT PROCESSING FEES, DOMAIN COSTS, APP FEES, SUPPLIER FEES, COMPLIANCE WITH THIRD-PARTY TERMS AND MAINTAINING YOUR OWN THIRD-PARTY ACCOUNTS. ECOM CAPITAL IS NOT RESPONSIBLE FOR ANY THIRD-PARTY PLATFORM OUTAGE, ACCOUNT SUSPENSION, POLICY CHANGE, PRICE CHANGE, DATA LOSS, ADVERTISING RESTRICTION, PAYMENT RESTRICTION, SUPPLIER ISSUE, INTEGRATION ISSUE OR SERVICE FAILURE, EXCEPT TO THE EXTENT CAUSED BY ECOM CAPITAL’S BREACH OF LAW OR BREACH OF AN APPLICABLE WRITTEN AGREEMENT.
WHERE YOU PURCHASE A PROGRAM, SERVICE, SUBSCRIPTION, EVENT, PRODUCT OR DIGITAL RESOURCE FROM ECOM CAPITAL, THE APPLICABLE FEES, INCLUSIONS, PAYMENT TERMS AND REFUND TERMS WILL BE SET OUT IN THE RELEVANT CLIENT SERVICES AGREEMENT, ORDER FORM, INVOICE, CHECKOUT PAGE, WRITTEN OFFER, REFUND POLICY OR OTHER WRITTEN TERMS PROVIDED TO YOU. YOU MUST PAY ALL AMOUNTS DUE IN ACCORDANCE WITH THE APPLICABLE PAYMENT TERMS. IF YOU FAIL TO PAY AN AMOUNT WHEN DUE, ECOM CAPITAL MAY, SUBJECT TO ANY APPLICABLE CLIENT SERVICES AGREEMENT AND APPLICABLE LAW, RESTRICT OR SUSPEND ACCESS TO ECOM CAPITAL OS, RESTRICT OR SUSPEND SERVICES, RESTRICT OR SUSPEND ACCESS TO PREMIUM MATERIALS, CHARGE APPLICABLE LATE FEES IF PERMITTED UNDER THE RELEVANT AGREEMENT, RECOVER REASONABLE DEBT COLLECTION COSTS IF PERMITTED UNDER THE RELEVANT AGREEMENT, AND EXERCISE ANY OTHER RIGHTS AVAILABLE UNDER THE RELEVANT AGREEMENT OR LAW.
REFUNDS ARE GOVERNED BY THE APPLICABLE CLIENT SERVICES AGREEMENT, REFUND POLICY, ORDER FORM, WRITTEN OFFER, PAYMENT TERMS AND THE AUSTRALIAN CONSUMER LAW. IF THERE IS AN INCONSISTENCY BETWEEN THESE TERMS AND A SIGNED CLIENT SERVICES AGREEMENT IN RELATION TO REFUNDS, THE CLIENT SERVICES AGREEMENT WILL PREVAIL, SUBJECT ALWAYS TO ANY NON-EXCLUDABLE RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW.
NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY RIGHT, GUARANTEE, REMEDY OR PROTECTION THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOM CAPITAL IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF ANTICIPATED SAVINGS, LOSS ARISING FROM THIRD-PARTY PLATFORMS, OR LOSS ARISING FROM BUSINESS DECISIONS MADE BY YOU.
TO THE EXTENT PERMITTED BY LAW, ECOM CAPITAL’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH ECOM CAPITAL OS IS LIMITED TO SUPPLYING THE RELEVANT SERVICES AGAIN, PAYMENT OF THE COST OF HAVING THE RELEVANT SERVICES SUPPLIED AGAIN, OR ANY OTHER REMEDY REQUIRED UNDER THE AUSTRALIAN CONSUMER LAW OR APPLICABLE LAW.
NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED, INCLUDING LIABILITY ARISING FROM FRAUD OR WILFUL MISCONDUCT.
ECOM CAPITAL WILL USE REASONABLE EFFORTS TO KEEP ECOM CAPITAL OS AVAILABLE AND OPERATING EFFECTIVELY. HOWEVER, YOU ACKNOWLEDGE THAT ECOM CAPITAL OS MAY BE UNAVAILABLE, INTERRUPTED, DELAYED OR AFFECTED FROM TIME TO TIME DUE TO MAINTENANCE, UPDATES, SECURITY ISSUES, TECHNICAL FAULTS, THIRD-PARTY PLATFORM ISSUES, INTERNET OR HOSTING ISSUES, FORCE MAJEURE EVENTS, CYBER INCIDENTS, USER ERROR OR EVENTS OUTSIDE ECOM CAPITAL’S REASONABLE CONTROL. TO THE EXTENT PERMITTED BY LAW, ECOM CAPITAL DOES NOT WARRANT THAT ECOM CAPITAL OS WILL BE UNINTERRUPTED, ERROR-FREE, CONTINUOUSLY AVAILABLE, FULLY SECURE OR FREE FROM ALL DEFECTS.
ECOM CAPITAL MAY UPDATE, IMPROVE, MODIFY, REPLACE, SUSPEND OR DISCONTINUE ANY FEATURE OF ECOM CAPITAL OS WHERE REASONABLY NECESSARY FOR OPERATIONAL, LEGAL, SECURITY, COMMERCIAL, TECHNICAL OR SERVICE DELIVERY REASONS. WHERE A CHANGE MATERIALLY AFFECTS YOUR PAID SERVICE RIGHTS UNDER A CLIENT SERVICES AGREEMENT, ECOM CAPITAL WILL ACT IN ACCORDANCE WITH THAT AGREEMENT AND APPLICABLE LAW.
ECOM CAPITAL MAY RESTRICT, SUSPEND OR TERMINATE YOUR ACCESS TO ECOM CAPITAL OS, OR ANY PART OF IT, WHERE YOU BREACH THESE TERMS; BREACH ANY APPLICABLE CLIENT SERVICES AGREEMENT; FAIL TO PAY ANY AMOUNT DUE AND PAYABLE UNDER AN APPLICABLE AGREEMENT; USE THE PLATFORM IN A WAY THAT CREATES A LEGAL, SECURITY, CONFIDENTIALITY, INTELLECTUAL PROPERTY, PRIVACY, SAFETY OR OPERATIONAL RISK; MATERIALLY INTERFERE WITH ANOTHER USER’S USE OF THE PLATFORM OR THE PROPER OPERATION OF ECOM CAPITAL OS; MISUSE ECOM CAPITAL INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION OR COMMUNITY ACCESS; PROVIDE FALSE, MISLEADING OR INCOMPLETE ACCOUNT INFORMATION; ENGAGE IN CONDUCT THAT MAY EXPOSE ECOM CAPITAL, ITS STAFF, CONTRACTORS, USERS OR CLIENTS TO LIABILITY, REPUTATIONAL DAMAGE, LEGAL RISK OR REGULATORY RISK; OR WHERE ECOM CAPITAL IS REQUIRED TO DO SO BY LAW, A REGULATOR, A COURT, A THIRD-PARTY PLATFORM PROVIDER OR ANOTHER LAWFUL AUTHORITY.
WHERE REASONABLE AND PRACTICABLE, ECOM CAPITAL WILL GIVE YOU NOTICE OF THE REASON FOR THE RESTRICTION, SUSPENSION OR TERMINATION AND AN OPPORTUNITY TO REMEDY THE ISSUE IF IT IS CAPABLE OF REMEDY. ECOM CAPITAL MAY ACT IMMEDIATELY AND WITHOUT PRIOR NOTICE WHERE IT REASONABLY CONSIDERS IMMEDIATE ACTION NECESSARY TO PROTECT USERS, STAFF, CONTRACTORS, CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY, PLATFORM SECURITY, LEGAL RIGHTS OR THE PROPER OPERATION OF THE PLATFORM. IF YOU HAVE ENTERED INTO A CLIENT SERVICES AGREEMENT, ANY SUSPENSION OR TERMINATION OF PAID SERVICES WILL BE DEALT WITH IN ACCORDANCE WITH THAT AGREEMENT. THESE TERMS DO NOT GIVE ECOM CAPITAL A BROADER RIGHT TO TERMINATE PAID SERVICES THAN IS AVAILABLE UNDER THE CLIENT SERVICES AGREEMENT OR APPLICABLE LAW.
ECOM CAPITAL MAY UPDATE THESE TERMS FROM TIME TO TIME. WHERE CHANGES ARE MINOR, ADMINISTRATIVE, LEGAL, TECHNICAL OR OPERATIONAL, THE UPDATED TERMS MAY BE PUBLISHED ON ECOM CAPITAL OS OR THE ECOM CAPITAL WEBSITE. WHERE CHANGES MATERIALLY AFFECT YOUR RIGHTS OR OBLIGATIONS, ECOM CAPITAL WILL TAKE REASONABLE STEPS TO NOTIFY YOU, WHICH MAY INCLUDE NOTICE BY EMAIL, PLATFORM NOTIFICATION OR OTHER REASONABLE COMMUNICATION METHOD. CHANGES APPLY FROM THE DATE STATED IN THE UPDATED TERMS OR FROM THE DATE THEY ARE PUBLISHED OR NOTIFIED, WHICHEVER IS LATER. CHANGES TO THESE TERMS DO NOT RETROSPECTIVELY REDUCE YOUR RIGHTS UNDER AN EXISTING SIGNED CLIENT SERVICES AGREEMENT UNLESS THE CLIENT SERVICES AGREEMENT PERMITS THAT CHANGE OR YOU AGREE IN WRITING.
IF YOU HAVE A CONCERN OR COMPLAINT ABOUT ECOM CAPITAL OS, YOU SHOULD FIRST CONTACT ECOM CAPITAL AT SUPPORT@ECOMCAPITAL.COM AND PROVIDE DETAILS OF THE ISSUE. THE PARTIES MUST ATTEMPT TO RESOLVE ANY DISPUTE IN GOOD FAITH. IF YOU HAVE ENTERED INTO A CLIENT SERVICES AGREEMENT WITH ECOM CAPITAL, THE DISPUTE RESOLUTION PROCESS IN THAT AGREEMENT WILL APPLY TO DISPUTES RELATING TO PAID SERVICES, REFUNDS, TERMINATION, PAYMENT, DELIVERABLES OR SERVICE SCOPE. NOTHING IN THESE TERMS PREVENTS EITHER PARTY FROM SEEKING URGENT INJUNCTIVE OR EQUITABLE RELIEF WHERE REQUIRED TO PROTECT CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY, PLATFORM SECURITY, PERSONAL SAFETY, PRIVACY RIGHTS OR LEGAL RIGHTS.
FORMAL NOTICES TO ECOM CAPITAL MUST BE SENT TO SUPPORT@ECOMCAPITAL.COM UNLESS ANOTHER METHOD IS SPECIFIED IN YOUR CLIENT SERVICES AGREEMENT. OPERATIONAL COMMUNICATION MAY OCCUR THROUGH ECOM CAPITAL OS, EMAIL, SLACK, LEARNING PLATFORM MESSAGES, SCHEDULED CALLS, SUPPORT CHANNELS OR OTHER COMMUNICATION METHODS PROVIDED BY ECOM CAPITAL. DIRECT MESSAGES, COMMUNITY POSTS, COMMENTS, SOCIAL MEDIA MESSAGES OR INFORMAL PLATFORM COMMUNICATIONS ARE NOT FORMAL LEGAL NOTICES UNLESS ECOM CAPITAL EXPRESSLY AGREES IN WRITING.
YOU MUST NOT ASSIGN, TRANSFER OR DEAL WITH YOUR RIGHTS OR OBLIGATIONS UNDER THESE TERMS WITHOUT ECOM CAPITAL’S PRIOR WRITTEN CONSENT. ECOM CAPITAL MAY ASSIGN, TRANSFER OR NOVATE ITS RIGHTS AND OBLIGATIONS UNDER THESE TERMS TO A RELATED BODY CORPORATE, SUCCESSOR, PURCHASER OF ITS BUSINESS OR ASSETS, OR ANOTHER ENTITY INVOLVED IN THE OPERATION OF ECOM CAPITAL OS, PROVIDED THIS DOES NOT MATERIALLY REDUCE YOUR RIGHTS UNDER ANY APPLICABLE CLIENT SERVICES AGREEMENT. IF ANY PROVISION OF THESE TERMS IS VOID, INVALID, ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED TO THE EXTENT NECESSARY AND THE REMAINING PROVISIONS WILL CONTINUE IN FULL FORCE AND EFFECT. A FAILURE OR DELAY BY ECOM CAPITAL IN EXERCISING A RIGHT UNDER THESE TERMS DOES NOT OPERATE AS A WAIVER OF THAT RIGHT. ANY WAIVER MUST BE IN WRITING AND WILL APPLY ONLY TO THE SPECIFIC MATTER FOR WHICH IT IS GIVEN.
THESE TERMS ARE GOVERNED BY THE LAWS OF QUEENSLAND, AUSTRALIA. SUBJECT TO ANY APPLICABLE CLIENT SERVICES AGREEMENT AND ANY RIGHTS THAT CANNOT BE EXCLUDED UNDER LAW, THE PARTIES SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS AND TRIBUNALS OF QUEENSLAND, AUSTRALIA, AND ANY COURTS ENTITLED TO HEAR APPEALS FROM THOSE COURTS OR TRIBUNALS.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ECOM CAPITAL PTY LTD AT SUPPORT@ECOMCAPITAL.COM, BY PHONE ON 1800 88 ECOM, OR BY POST AT PO BOX 247, EVERTON PARK QLD 4053.
BY CLICKING “I ACCEPT”, “AGREE”, “CONTINUE”, “ACCESS PLATFORM”, “LOGIN” OR ANY SIMILAR BUTTON OR CHECKBOX, OR BY CONTINUING TO ACCESS OR USE ECOM CAPITAL OS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS AND CONDITIONS OF USE.
