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OVERVIEW

This site and its contents are the property of Eli Dangerfield, Eli Dangerfield Pty Ltd, and Jake Benjamin Batic, operating under the label EcomTakeoff. EcomTakeoff is not a separate company but serves as the label for an e-commerce course, consulting, and website brand-building service. By accessing or using this site and/or purchasing any product or service from us, you agree to be bound by these Terms and Conditions ("Terms of Service," "Terms"), including all additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions stated here, you are prohibited from accessing the website or using any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features, tools, or resources added to the current site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of changes constitutes acceptance of those changes.

Our site is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

COPYRIGHT AND INTELLECTUAL PROPERTY

All content provided on this website, including but not limited to text, graphics, logos, images, videos, branding, designs, sales materials, course materials, website layout, visual concepts, and copy (collectively referred to as "Content"), is the exclusive intellectual property of EcomTakeoff, Eli Dangerfield, Eli Dangerfield Pty Ltd, and Jake Benjamin Batic. This Content is protected by Australian and international copyright laws, trademark laws, trade dress rights, and other intellectual property rights.

OWNERSHIP OF MATERIALS

The compilation, organization, and presentation of all Content on this website, as well as the underlying source code, design framework, and proprietary methodologies used in our e-commerce courses, consulting services, and website brand-building services, remain the sole property of EcomTakeoff and its proprietors. The use of any Content from this site, in whole or in part, without prior written consent is strictly prohibited.

PROHIBITED USES

By accessing this website, you agree not to:

• Copy, reproduce, modify, distribute, display, perform, transmit, publish, license, create derivative works from, or sell any Content, in whole or in part, without express written authorization.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to discover any source code, algorithms, or trade secrets contained within this website or any associated services.
• Use any automated tools, including but not limited to web crawlers, bots, scrapers, or spiders, to access or copy any portion of this website or its Content.
• Use our Content for the purpose of creating competitive products, services, or marketing materials.
• Misuse any trademarks, logos, or other branding elements associated with EcomTakeoff, including any use that may cause confusion or imply endorsement or affiliation.

TRADEMARK PROTECTION

"EcomTakeoff," its associated logos, designs, and trade dress, and all related names, slogans, and marks are trademarks or registered trademarks owned exclusively by EcomTakeoff. Unauthorized use of these trademarks or trade dress is strictly prohibited and constitutes a violation of intellectual property rights.

INFRINGEMENT ENFORCEMENT

We take violations of intellectual property rights seriously. Any unauthorized use, reproduction, or distribution of our Content will result in:

1. Immediate Legal Action: Including claims for damages, penalties, and injunctive relief.
2. Liability for Costs: You agree to reimburse all legal fees, costs, and expenses incurred in enforcing our rights, including investigation, litigation, and other related expenses.
3. Reporting Violations: We reserve the right to report violations to relevant authorities, including Australian and international intellectual property enforcement agencies, and pursue criminal charges where applicable.

USER RESPONSIBILITIES

By accessing this website, you acknowledge and agree that:

• You are solely responsible for ensuring that your use of our website and Content complies with applicable intellectual property laws and these Terms.
• Any unauthorized reproduction, distribution, or use of our Content will result in full legal liability under Australian law and applicable international treaties.
• You will immediately notify us if you become aware of any infringement or unauthorized use of our Content.

LICENSE TO USE

We do not grant any implied or express license or right to use any Content, trademarks, or proprietary information contained on this website. Written consent must be obtained directly from us for any such use.

GOVERNING LAW

All disputes or claims related to the intellectual property rights associated with this website will be governed exclusively by the laws of South Australia, Australia.

SURVIVAL CLAUSE

This section of the Terms shall survive any termination or expiration of your use of this website or our services.

SECTION 1 - ONLINE STORE TERMS

ELIGIBILITY AND AGE REQUIREMENTS

By agreeing to these Terms, you confirm that you:

• Are at least the age of majority in your jurisdiction of residence.
• Have provided valid and explicit consent for any minor dependents under your supervision to use this site, where applicable.
• Are legally capable of entering into a binding agreement and are not barred from doing so under any applicable laws.

If you do not meet these eligibility requirements, you are prohibited from accessing or using our website or any of the services offered through it.

AUTHORIZED USE

You may only use this website and our services for lawful purposes and in accordance with these Terms. Specifically, you agree that you will not:

1. Use our products or services for any unlawful, fraudulent, or unauthorized purpose.
2. Violate any local, national, or international laws or regulations applicable to your use of our site, including but not limited to:
• Copyright, trademark, and intellectual property laws.
• Consumer protection laws and regulations.
• Data privacy laws and anti-spam legislation.
3. Use the website or services to engage in any activity that exploits, harms, or threatens harm to any individual or entity, including harassment, defamation, or discrimination.

SECURITY AND PROHIBITED ACTIONS

To maintain the integrity and security of our website and services, you expressly agree that you will not:

1. Transmit, upload, or distribute any software, viruses, worms, or other malicious code that could damage, disrupt, or impair the operation of our site or associated services.
2. Attempt to gain unauthorized access to any part of our website, its servers, or any related systems through hacking, password mining, or any other unlawful means.
3. Interfere with or disrupt the functionality of our website, including by using automated systems, such as bots, scrapers, or spiders, to access the site without our explicit written consent.
4. Modify, reverse-engineer, or tamper with any part of the website or the services provided through it.
5. Circumvent, disable, or interfere with any security features of the website or services.

VIOLATIONS AND ENFORCEMENT

We take violations of these Terms seriously. Any breach of these provisions will result in:

1. Immediate Termination: Your access to the Services and website will be revoked without prior notice.
2. Legal Action: We reserve the right to pursue civil, criminal, or injunctive remedies against violators to the fullest extent permitted by law.
3. Liability for Damages: You agree to indemnify and reimburse us for any losses, costs, or damages (including legal fees) resulting from your violation of these Terms.

USER RESPONSIBILITIES

By using this website, you acknowledge and agree that:

1. You are solely responsible for all activities conducted under your account or in connection with your use of the Services.
2. You will ensure that all information provided by you, including billing and contact information, is accurate and up-to-date.
3. You will immediately notify us if you suspect unauthorized access to your account or a security breach involving our website.

LIMITATION OF LIABILITY

We will not be held liable for any damages arising from your failure to comply with this section, including any harm caused to your device, software, or data as a result of unauthorized or improper use of our website or services.

SECTION 2 - GENERAL CONDITIONS

RIGHT TO REFUSE SERVICE

We explicitly reserve the right to refuse service to any individual, entity, or group at our sole discretion and without obligation to provide justification. Reasons for refusal may include, but are not limited to:

1. Violation of these Terms or any related policies.
2. Suspicion of fraudulent, abusive, or harmful activities.
3. Non-compliance with applicable laws or regulations.
4. Behavior that we, in our sole judgment, determine to be inappropriate, disrespectful, or harmful to our business, staff, or other customers.

Our decision to refuse service may result in the immediate suspension or termination of your access to our website, services, or products without notice or liability.

DATA TRANSMISSION AND SECURITY

You acknowledge and agree that:

1. Your content (excluding sensitive payment data) may be transmitted unencrypted over various networks. This transmission may involve:
• Changes to comply with technical requirements of connected networks or devices.
• Standard internet communications that are inherently unsecured.
2. All credit card information and payment data provided to us or our payment processors is encrypted during transmission using industry-standard security protocols. While we take commercially reasonable measures to safeguard your data, you understand and accept the inherent risks associated with data transmission over the internet.

We shall not be held responsible for unauthorized access to or interception of any data transmitted during your use of our Services unless caused by our gross negligence.

LIMITATIONS ON USE OF SERVICES

By accessing or using our Services, you agree that you will not:

1. Reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of the Service, including its content, design, and functionality, for commercial purposes without our explicit prior written permission.
2. Use the Services for any purpose other than as explicitly permitted under these Terms.
3. Attempt to bypass any security measures or restrictions that we have implemented to protect the integrity of the Services.

Any unauthorized use of our Services will result in:

• Immediate termination of your access to the Services.
• Liability for damages, including but not limited to legal fees, incurred as a result of such use.

MODIFICATIONS TO THE SERVICE

We reserve the right to modify, suspend, or terminate any aspect of the Service, including its availability, features, or pricing, at any time and without prior notice. We are not liable to you or any third party for any changes, interruptions, or discontinuance of the Service.

USER RESPONSIBILITIES

As a user of our Services, you are solely responsible for:

1. Ensuring that your use of the Services complies with all applicable laws and regulations.
2. Providing accurate, complete, and up-to-date information when accessing or using our Services.
3. Protecting your account credentials, ensuring that unauthorized individuals cannot access your account, and notifying us immediately of any suspected unauthorized use.

LIMITATION OF LIABILITY FOR GENERAL CONDITIONS

We are not liable for any losses or damages arising from your failure to comply with this section, including:

1. Unauthorized use of your account or credentials.
2. Data interception during transmission that occurs outside of our direct control.
3. Service disruptions, modifications, or terminations made in accordance with these Terms.

SECTION 3 - UNIQUE BRANDING PROTECTION

OWNERSHIP AND SCOPE OF PROTECTION

All elements of our brand, including but not limited to our website, logos, colors, designs, copy, course materials, sales materials, packaging, slogans, digital assets, and overall branding (collectively, "Brand Assets"), are wholly original and proprietary to EcomTakeoff. These Brand Assets represent the intellectual property of Eli Dangerfield, Eli Dangerfield Pty Ltd, and Jake Benjamin Batic.

Our Brand Assets are protected under Australian and international intellectual property laws, including copyright, trademark, and trade dress laws. Any unauthorized use, replication, reproduction, or imitation of these materials, whether in whole or in part, will constitute a violation of our intellectual property rights.

PROHIBITED USES

You agree that you will not engage in any of the following actions without our explicit prior written consent:

1. Copying or Replicating: Any duplication, reproduction, or use of our Brand Assets for personal or commercial purposes.
2. Plagiarism: Adopting or modifying any part of our Brand Assets, including designs, logos, or materials, for use in competing businesses or any other venture.
3. Reverse Engineering: Attempting to deconstruct, analyze, or recreate our proprietary methods, tools, or branding techniques.
4. Misrepresentation: Using any of our Brand Assets in a way that misrepresents affiliation, sponsorship, or endorsement by EcomTakeoff.
5. Commercial Exploitation: Selling, sublicensing, or distributing any of our Brand Assets without explicit permission.

ENFORCEMENT AND REMEDIES

We enforce our intellectual property rights vigorously. Any unauthorized use, replication, or misuse of our Brand Assets will result in the following actions:

1. Immediate Legal Action: Including but not limited to filing claims for:
• Financial damages incurred by us.
• Statutory penalties under intellectual property law.
• Injunctive relief to cease any continued violation.
2. Cease-and-Desist Orders: Formal notices requiring the immediate cessation of any infringing activities.
3. Reimbursement for Legal Fees: You agree to bear all costs and expenses incurred by us in pursuing enforcement of our intellectual property rights, including attorney’s fees and associated legal costs.
4. Notification to Authorities: Violations may also be reported to local, national, or international authorities for prosecution under applicable laws.

REPORTING VIOLATIONS

If you become aware of any unauthorized use of our Brand Assets, you are required to notify us immediately at https://ecomtakeoff.com/pages/contact. Failure to report violations may result in liability if your actions are determined to have facilitated the infringement.

LEGAL JURISDICTION AND GOVERNING LAW

All matters relating to the protection and enforcement of our Brand Assets shall be governed exclusively by the laws of South Australia, Australia. Any disputes will be resolved in South Australian courts, and violators will be held liable to the fullest extent permitted by law.

SURVIVAL OF PROTECTION

The terms of this section will survive the termination of your use of our website, services, or products. Any violations of our intellectual property rights will continue to be actionable even after the conclusion of your interactions with us.

SECTION 4 - ACCEPTANCE OF LIABILITY FOR TERMS VIOLATION

INDEMNIFICATION AGREEMENT

By accessing this website or using any of our Services, you agree to:

1. Fully indemnify, defend, and hold harmless EcomTakeoff, Eli Dangerfield, Eli Dangerfield Pty Ltd, and Jake Benjamin Batic from and against any and all claims, liabilities, damages, losses, expenses, and costs, including but not limited to reasonable legal fees, arising from:
• Your breach or violation of these Terms.
• Your use or misuse of the Services, website, or any of its content.
• Your violation of any applicable law or the rights of any third party.
• Any unauthorized actions taken by third parties who gain access to your account due to your negligence or failure to maintain account security.

LIABILITY FOR VIOLATIONS

You expressly agree that:

1. Any violation of these Terms will result in full liability to the extent permitted by law, including but not limited to:
• Financial damages, including compensatory, punitive, and statutory damages.
• Equitable remedies, such as injunctions or orders for specific performance.
• Reimbursement of all costs incurred by EcomTakeoff, including legal fees and investigation expenses.
2. Liability extends to both direct and indirect violations, including actions that facilitate, enable, or encourage others to violate these Terms.

CONSENT TO JURISDICTION AND VENUE

You agree that any disputes, claims, or controversies arising from your access to this website, use of our Services, or violation of these Terms will be:

1. Governed exclusively by the laws of South Australia, Australia.
2. Resolved solely in the courts of South Australia.
3. Subject to the jurisdiction of South Australian courts, regardless of your location or domicile.

By accessing this website, you expressly waive any right to contest the jurisdiction or venue of these courts.

ASSUMPTION OF LIABILITY

You acknowledge that:

1. You are solely responsible for your actions while accessing our site or using our Services.
2. If your actions result in harm to EcomTakeoff, its proprietors, or any related parties, you will bear full financial and legal responsibility for the consequences of those actions.
3. This assumption of liability applies to all direct and indirect consequences of your violation, including reputational damage, financial loss, and operational disruptions.

SURVIVAL OF TERMS

The provisions in this section shall survive the termination of your use of our website, Services, or products. Any liability arising from your violation of these Terms will remain actionable even after your interactions with EcomTakeoff have concluded.

WAIVER OF DEFENSES

You expressly waive any defense that may limit your liability for violations of these Terms, including but not limited to claims of ignorance, lack of intent, or misunderstanding of the Terms.

RELEASE OF LIABILITY

To the fullest extent permissible by law, EcomTakeoff, Eli Dangerfield, and Jake Benjamin Batic are not liable for any losses or damages resulting from your breach of these Terms.

SECTION 5 - ACCURACY OF INFORMATION

COMMITMENT TO ACCURACY

We make every reasonable effort to ensure that the information provided on our website is accurate, current, and complete. This includes, but is not limited to, details about products, services, pricing, availability, promotions, and other related content.

LIMITATION OF GUARANTEES

Despite our best efforts, we do not guarantee that:

1. All information on the website is entirely free of typographical errors, inaccuracies, or omissions.
2. Content will always reflect the most current updates, changes, or corrections to our products, services, or policies.
3. The website will function without interruption, technical issues, or delays that might affect the accuracy or timeliness of the information displayed.

USER RESPONSIBILITY FOR RELIANCE

By using our website, you acknowledge and agree that:

1. Any reliance on the information provided on this website is at your own risk.
2. You are responsible for verifying the accuracy, completeness, and relevance of any information before making decisions based on it.
3. We are not liable for any losses, damages, or consequences resulting from your reliance on any information provided on our website.

RIGHT TO CORRECT ERRORS

We reserve the right, at any time and without prior notice, to:

1. Correct any typographical errors, inaccuracies, or omissions in any content on the website.
2. Update, modify, or delete any information, products, or services listed on the website.
3. Cancel or refuse any orders or transactions based on incorrect information, including pricing errors, even after payment has been processed.

In the event that we make corrections to pricing or other critical information after your order has been placed, we will notify you as soon as possible and offer options to proceed under corrected terms or cancel your order with a full refund.

NO WARRANTY FOR THIRD-PARTY INFORMATION

Our website may include content or links from third parties for informational purposes. We do not warrant or guarantee the accuracy, completeness, or reliability of third-party information. Any reliance on such third-party content is at your own discretion and risk.

ARCHIVED OR HISTORICAL CONTENT

This site may include historical or archived information provided for reference purposes only. Such information is not guaranteed to be current and should not be used as a primary basis for decision-making without consulting more recent, accurate, or complete sources.

DISCLAIMER OF LIABILITY

We shall not be held liable for:

1. Any errors, inaccuracies, or omissions in the information provided on the website.
2. Any delays or disruptions in updating information that may impact your decisions.
3. Any damages, direct or indirect, resulting from your reliance on the information presented.

USER NOTIFICATION

It is your responsibility to periodically review this website for updates, corrections, or changes to the information provided. Continued use of the website constitutes acceptance of any such changes or corrections.

SECTION 6 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES

1. "AS IS" AND "AS AVAILABLE" BASIS:
   Our website, products, and services are provided on an "as is" and "as available" basis without any guarantees, representations, or warranties of any kind, whether express or implied.
2. NO WARRANTIES PROVIDED:
   To the fullest extent permissible by law, we expressly disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to:
• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties regarding the accuracy, reliability, or completeness of content or materials on our website.
• Warranties that the website or its services will be uninterrupted, error-free, secure, or free of viruses or harmful components.
3. THIRD-PARTY CONTENT AND SERVICES:
   Any third-party content, links, or services made available through our website are provided for your convenience. We do not endorse, warrant, or assume responsibility for any third-party products, services, or information.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, we shall not be held liable for any damages or losses, whether direct, indirect, incidental, consequential, special, punitive, or otherwise, arising out of or related to:

1. USE OF OUR WEBSITE, SERVICES, OR PRODUCTS:
• Inability to access or use the website, including but not limited to service interruptions or errors.
• Failure of the website, services, or products to meet your expectations or needs.
• Any errors, omissions, inaccuracies, or delays in the information provided on the website.
2. USER ACTIONS:
• Your reliance on or use of any information, products, or services offered on our website.
• Your failure to comply with these Terms or applicable laws.
3. UNFORESEEABLE OR EXTERNAL EVENTS:
• Events beyond our reasonable control, including but not limited to technical issues, hacking attempts, data breaches, natural disasters, or acts of God.
4. LOSS OF DATA OR BUSINESS INTERRUPTION:
• Loss, corruption, or theft of data arising from your use of the website or services.
• Business interruptions, lost revenue, or loss of profit caused by website downtime, errors, or discontinuance of services.

LIMITED LIABILITY CAP

In jurisdictions where exclusions or limitations of liability are not fully enforceable, our total liability to you for any claims arising out of or relating to your use of the website, services, or products will be strictly limited to the lesser of:

• The amount paid by you for the products or services in question.
• AUD $100, regardless of the nature of the claim (whether in contract, tort, or otherwise).

WAIVER OF CONSEQUENTIAL DAMAGES

You agree that we will not be held liable for any indirect or consequential damages, including but not limited to:

1. Loss of income, profits, business opportunities, or goodwill.
2. Costs incurred for substitute goods or services.
3. Claims or damages resulting from third-party actions or negligence.

USER RESPONSIBILITY

By accessing or using our website and services, you acknowledge that:

1. It is your responsibility to ensure that the products or services offered meet your specific requirements.
2. You assume all risks associated with your use of the website, products, and services, including reliance on any content provided.

NO GUARANTEE OF RESULTS

We do not guarantee specific results, financial gains, or outcomes from the use of our products or services. All performance results may vary based on individual circumstances, user actions, and external factors beyond our control.

SURVIVAL OF TERMS

The disclaimers, limitations of liability, and exclusions in this section shall survive any termination of your use of the website, products, or services.

SECTION 7 - INDEMNIFICATION

USER AGREEMENT TO INDEMNIFY

By accessing or using our website, products, or services, you expressly agree to indemnify, defend, and hold harmless EcomTakeoff, its proprietors (Eli Dangerfield, Eli Dangerfield Pty Ltd, and Jake Benjamin Batic), as well as its officers, directors, employees, contractors, affiliates, agents, licensors, and service providers (collectively referred to as "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, costs, and expenses, including but not limited to reasonable attorneys' fees and legal costs, arising out of or related to:

1. YOUR BREACH OF THESE TERMS:
• Any violation or non-compliance with these Terms of Service, including any unauthorized or prohibited use of our website, products, or services.
2. YOUR ACTIONS OR OMISSIONS:
• Misuse, abuse, or fraudulent activity conducted by you or under your account.
• Any infringement by you on intellectual property rights, trademarks, copyrights, or proprietary rights of any party.
3. VIOLATION OF APPLICABLE LAWS OR REGULATIONS:
• Any failure by you to comply with local, national, or international laws, regulations, or ordinances in connection with your use of our website or services.
4. THIRD-PARTY CLAIMS:
• Claims brought by third parties arising out of or in connection with your use of our products or services, including disputes involving purchases, actions, or reliance on the information provided on the site.

SCOPE OF INDEMNIFICATION

This indemnification obligation includes, but is not limited to, claims involving:

1. Data Breaches or Misuse of Data: Resulting from your negligence, improper access, or misuse of the website or services.
2. Defamation or Misrepresentation: Statements or actions taken by you that cause harm to our brand, reputation, or third parties.
3. Contractual Breaches: Violations of agreements you enter into with us or third parties as a result of transactions conducted via our website.

COOPERATION IN DEFENSE

You agree to cooperate fully with us in the defense of any claims for which you are required to indemnify us. This includes, but is not limited to:

1. Providing all relevant information, documents, and access to resolve disputes efficiently.
2. Refraining from making any admissions, agreements, or settlements without our prior written consent.

Failure to cooperate may result in increased liability on your part for any resulting damages or legal costs.

LIMITATION OF OUR LIABILITY

While you are required to indemnify and defend the Indemnified Parties as outlined, this section does not waive or reduce any limitations of liability outlined in Section 6.

SURVIVAL OF INDEMNIFICATION OBLIGATIONS

Your indemnification obligations under this section shall survive:

1. The termination of your use of our website, products, or services.
2. The conclusion of any business or contractual relationship with EcomTakeoff.
3. Any transfer, cancellation, or expiration of your account or access to our site.

ENFORCEMENT AND REIMBURSEMENT

In the event that we must defend ourselves against claims resulting from your actions or inactions, you agree to reimburse us for all costs incurred, including but not limited to:

1. Legal fees and court costs.
2. Settlement amounts or judgments.
3. Investigative and administrative costs incurred in the defense of claims.

SECTION 8 - GOVERNING LAW

APPLICABLE JURISDICTION

These Terms of Service, along with any related agreements, transactions, or disputes, shall be exclusively governed by and construed under the laws of South Australia, Australia. This includes all matters of interpretation, enforcement, and performance of these Terms.

EXCLUSIVE VENUE FOR DISPUTES

You agree that any legal disputes, claims, or proceedings arising from or related to your use of this website, its services, or these Terms shall be exclusively brought before the courts located in South Australia, Australia.

1. Consent to Jurisdiction:
   By accessing this site, you irrevocably consent to the jurisdiction of the South Australian courts for the resolution of disputes.
2. Waiver of Jurisdictional Objections:
   You waive any right to contest jurisdiction or venue in the courts of South Australia on the grounds of inconvenience, residency, or any other basis.

CHOICE OF LAW

The laws of South Australia will apply to all disputes, regardless of:

• Your location, residency, or country of access.
• Any conflicting legal principles or laws of another jurisdiction that might otherwise apply.

LIMITATION ON CROSS-BORDER DISPUTES

If you access this website from a location outside of Australia, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. You agree that:

1. Australian laws shall supersede any foreign laws in relation to disputes arising from your use of the website.
2. You will bear any additional costs or legal challenges related to cross-border enforcement of judgments or claims.

NO APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS

The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any transactions conducted through this website.

DISPUTE RESOLUTION AND MEDIATION

Before initiating formal legal action, you agree to engage in good faith negotiations to resolve any dispute. In the event negotiations are unsuccessful, either party may request mediation under South Australian law as a preliminary step before court proceedings.

SURVIVAL OF TERMS

This section shall survive the termination of your use of the website, services, or any related agreements. Any disputes arising after the termination of your account or access to the website shall still be subject to these governing law provisions.

SECTION 9 - CHANGES TO TERMS OF SERVICE

RIGHT TO MODIFY TERMS

We reserve the right to update, modify, amend, or replace any portion of these Terms of Service at any time, at our sole discretion, without prior notice to you. This includes the right to address emerging issues, legal changes, operational requirements, or other business needs as they arise.

1. Immediate Effect of Changes:
• All changes to these Terms will become effective immediately upon posting to this website unless otherwise specified.
• Your continued use of the website, products, or services after changes have been posted constitutes your acceptance of the updated Terms.
2. Notice of Substantial Changes:
• While we are not obligated to provide direct notice of updates, we may, at our discretion, notify users of substantial changes to the Terms via email or website announcements.

USER RESPONSIBILITY FOR MONITORING CHANGES

It is your responsibility to regularly review this page for updates to these Terms. You agree that:

1. Failure to review updated Terms does not exempt you from compliance with the revised Terms.
2. Continued access or use of our website or services following updates signifies your agreement to the new Terms in full.

ENFORCEMENT OF TERMS, INCLUDING RETROACTIVE ISSUES

1. Retroactive Application:
   If any ongoing or unresolved issues, disputes, or violations occurred before the Terms were updated, you acknowledge that the updated Terms may still apply to such matters to the fullest extent permitted by law.
2. Reservation of Rights:
   We expressly reserve all rights to enforce the updated Terms against any violations, including but not limited to:
• Initiating legal or administrative actions.
• Implementing retroactive enforcement measures where permissible by law.
• Terminating or suspending access to the website or services for violations, regardless of when they occurred.

SCOPE OF CHANGES

Changes to these Terms may include, but are not limited to:

1. Updates to policies on prohibited activities, user responsibilities, or intellectual property protection.
2. Modifications to the scope of services, pricing, or legal provisions governing the relationship between you and EcomTakeoff.
3. Introduction of additional terms, requirements, or dispute resolution mechanisms.

LIMITATIONS ON USER RECOURSE

You agree that:

1. Updates to these Terms shall not entitle you to any refund, reimbursement, or other remedy, unless specifically required by applicable law.
2. Your failure to comply with the updated Terms will result in enforcement measures, including possible termination of services or legal action.

SURVIVAL OF OBLIGATIONS AND RIGHTS

The provisions of these Terms shall survive updates, meaning that:

1. Any rights, obligations, or liabilities accrued prior to the update remain enforceable under the new Terms.
2. Violations occurring under the old Terms may still be addressed in accordance with the updated Terms where applicable.

RESERVATION OF ALL RIGHTS

We expressly reserve all rights, including but not limited to:

1. The right to modify or discontinue any portion of our website, services, or policies without liability.
2. The right to take legal action against users who violate our Terms, regardless of when the violation occurred.

SECTION 10 - CONTACT INFORMATION

PRIMARY POINT OF CONTACT

If you have any questions, concerns, or require clarification regarding these Terms of Service, please visit our official contact page at:
https://ecomtakeoff.com/pages/contact

On this page, you can find all the relevant methods to reach us, including email and additional support resources.

ADDITIONAL SUPPORT OPTIONS

For faster resolution, please direct your inquiries to the appropriate category on the contact page, such as:

1. Legal or Policy Concerns: Indicate that your query relates to these Terms of Service.
2. Technical Issues: Provide detailed descriptions of the problem, including any relevant screenshots.
3. Order or Billing Inquiries: Include your order number or transaction details for faster assistance.

RESPONSE TIME

While we aim to address all inquiries promptly, our response times may vary based on the complexity of the issue and the volume of inquiries. Generally, you can expect a reply within 2-5 business days for most matters.

OFFICIAL COMMUNICATION ONLY

All communications regarding these Terms or our services must be submitted through the contact methods listed on our official contact page. We are not liable for messages sent through unofficial channels.