Terms of service
Terms of Service for EvoTech Digital
Last Updated: July 13, 20255
OVERVIEW
Welcome to EvoTech Digital. This website and all related services, tools, and information available from this site (collectively, the "Service") are operated by Evotech Digital (ABN: 72 375 743 898). Throughout these Terms, the terms "we," "us," and "our" refer to Evotech Digital.
By accessing or using any part of our website or purchasing anything from us, you agree to be bound by these terms and conditions, including any additional terms and policies referenced here or available by hyperlink (collectively, "Terms of Service" or "Terms"). These Terms apply to all users of the site, including browsers, vendors, customers, and merchants.
Please read these Terms of Service carefully. If you do not agree to all the terms and conditions, you may not access the website or use any Services.
Any new features or tools added to the current store will also be subject to these Terms. 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 by posting updates to our website. It's your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our online store is proudly hosted by Shopify Inc., which provides us with the e-commerce platform to sell our products and Services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm you are at least the age of majority in your Australian state or territory of residence, or that you are the age of majority and have given us consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach of these Terms will result in immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time, in compliance with applicable laws, including consumer protection legislation. (Added "in compliance with applicable laws" for clarity and reassurance)
You understand that your content (excluding credit card information) may be transferred unencrypted over various networks and may undergo changes to adapt to technical requirements. Credit card information is always encrypted during transfer over networks to ensure your security.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We strive for accuracy but are not responsible if information on this site is not entirely accurate, complete, or current. The material is provided for general information only and should not be solely relied upon for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not necessarily current and is for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. It's your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service, except where such liability cannot be excluded under Australian Consumer Law. (Added ACL clause)
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our comprehensive Refund Policy: [LINK TO REFUND POLICY].
We make every effort to display product colors and images as accurately as possible. However, we cannot guarantee that your device's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or Services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or Service on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected, except as guaranteed by Australian Consumer Law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. This includes orders placed by or under the same customer account, credit card, and/or billing/shipping address. If we make a change to or cancel an order, we may attempt to notify you using the e‑mail and/or billing address/phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card details, so we can complete your transactions and contact you as needed.
For more details on returns and refunds, please review our Refund Policy: [LINK TO REFUND POLICY].
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no control or input. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or conditions, and without endorsement. We have no liability whatsoever arising from or relating to your use of optional third-party tools. Your use of such tools is entirely at your own risk and discretion, and you should review the terms provided by the relevant third-party provider(s).
In the future, we may offer new Services and/or features through the website, which will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, nor do we warrant or have any liability for them.
We are not liable for any harm or damages related to purchases or transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully before engaging in any transaction. Complaints, claims, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send us specific submissions (e.g., contest entries) or unsolicited creative ideas, suggestions, proposals, plans, or other materials ("Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. We are not obligated to maintain any Comments in confidence, pay compensation for any Comments, or respond to any Comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any third-party rights (including copyright, trademark, privacy, personality, or other proprietary rights), nor contain unlawful, abusive, obscene material, or computer viruses/malware. You may not use a false e‑mail address or mislead us or third-parties as to the origin of any Comments. You are solely responsible for your Comments and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY].
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), except as required by Australian Consumer Law.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any Australian federal, state, or local regulations, rules, or laws; (d) to infringe upon our or others' intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of these prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods or cancel it at any time, without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered through the Service are provided 'as is' and 'as available' for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, EXCEPT AS REQUIRED BY AUSTRALIAN CONSUMER LAW.
In no case shall Evotech Digital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of any Service or products procured using the Service, or for any other claim related to your use of the Service or any product, except where such limitation is prohibited by Australian Consumer Law. Our liability shall be limited to the maximum extent permitted by Australian law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Evotech Digital and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us, governing your use of the Service and superseding any prior or contemporaneous agreements, communications, and proposals (whether oral or written), including prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Western Australia, Australia.
SECTION 19 - CHANGES TO 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@evotech.au.
Our Business Contact Information:
- Business Name: Evotech Digital
- ABN: 72 375 743 898
- Business Address: 30 Tenterden Way, Gosnells, WA 6110, Australia (This is our administrative and dispatch location; not a retail storefront.)
- General Inquiries Email: info@evotech.au
- General Inquiries Phone: +61 466 911 816
- Orders and Support Email: orders@evotech.au
- Orders and Support Phone: +61 468 311 816