1.2 By accessing and/or using this Website you agree to be bound by these Terms, including the compliance of all applicable laws, statutes, regulations, and ordinances.
1.3 If you are agreeing to these Terms on behalf of someone else (your employer for example), then you are warranting to us that you have full legal authority to bind that third party.
1.4 These Terms apply to any use of the Website regardless if you are a visitor or a registered user.
1.5 If you do not agree to be bound by these Terms; then do not access or use this Website.
2.1 ESCAWT.com ("Website", "we", "us" and "our") is an ecommerce website which hosts advertising and related content that is created, developed and maintained by third-party users.
2.2 In order to publish content to the Website, you will have to become a registered user; where you are required to provide true, accurate and legitimate information during the registration process.
2.3 You will be asked to provide a valid mobile number, a secure password as well as confirm that you are at least 18 years of age or older to successfully create an account. If you are unable to meet these requirements then you are not permitted to become a registered user on the Website.
2.4 Becoming a registered user will provide you with access to the Website, which is 100% free and provides unlimited use of its basic Services.
2.5 Additional upgrades that are not part of the free, basic Service are available for purchase. These additional upgrades have varying times of expiration, and can be altered or removed by us without notice to you.
2.6 You are responsible for any use of the Website using your registered account, and for safeguarding and maintaining the confidentiality of your account and login information.
3.1 Without limitation, you agree to refrain from the following actions whilst using our Services.
3.1.1 Creating content or materials on the Website that advertises, solicits; directly, or indirectly any of the following:
3.1.2 Transmitting, engaging, interfering, encouraging activities that include but are not limited to:
3.1.3 Creating adult content or explicit material unless:
3.2 We also reserve the right to suspend, block or freeze any content or user accounts - either temporarily or permanently without notification - that are deemed to contain, but not limited to, any of the following:
4.1 The Website offers paid, optionable upgrades for the usage of certain features that improve the functionality and experience of its services.
4.2 The payment for optional upgrades are due immediately upon the checkout process, where you agree and confirm that the upgrades have been initiated upon confirmation of a successful payment, whereby a payment is deemed successful as indicated by:
4.3 Except for any sales tax that we may be required to collect on any purchase; you are responsible for paying all fees and taxes associated with your use of the Website, if any.
5.1 We do not generally offer refunds or credits on purchases unless required to do so by law; of which we will be happy to accommodate any requirements in accordance with such applicable laws.
5.2 However, refunds or credits will not be given under any of the following circumstances:
5.3 Furthermore, under no circumstances will we provide a refund in the event that your account and/or associated content is suspended for any violation of these Terms.
6.1 Other than as expressly set out in these Terms, neither the Website nor its owners make any specific promises about the content or materials within the Services, their reliability, availability, or ability, to meet your needs. We provide the Services on an "as is" basis. To the extent permitted by law, we exclude all warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
6.2 The Website does not warrant or make any representations concerning the ownership, endorsement, accuracy, likely results, or reliability of the use of the content or materials on the Website.
6.3 The content or materials on the Website may contain technical, typographical, or photographic errors that are inaccurate, incomplete or out of date; where the Website is not committed to update such materials.
7.1 The Website has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site, whether or not they may be affiliated with the Website.
7.2 The inclusion of any link, incoming or outgoing, does not imply endorsement by the owners of the Website.
7.3 The use of any such link, incoming or outgoing, are accessed at your own risk.
8.1 The Website contains third party content or materials; including without limitation, text, logos, images, illustrations, audio, photographs, graphics and video, that are protected by copyrights, trademarks, service marks, and all other intellectual property rights which are either owned by, or are the sole responsibility of the third-party users' that make it available. We do not claim any proprietary rights in or to such content or materials whatsoever.
8.2 Any content or materials containing advertisments, information, messages or photos that are listed, transmitted, or otherwise made available for viewing on public areas of the Website will be treated as non-confidential and non-proprietary to you.
8.3 You grant the Website the irrevocable right to use, translate, edit or modify any materials or content, without review or approval by you, for any purpose whatsoever; including, without limitation to, the right to reproduction, disclosure, transmission, publication, broadcasting, posting and advertising the posted materials or content in any media in perpetuity without notice or compensation to you.
8.4 Content or materials from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed unless authorised in any way.
9.1 These Terms are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
10.1 The Website has the right to suspend or terminate your access, for any reason, if we believe you have violated these Terms in any manner.
10.2 You agree not to hold the Website liable for such suspension or termination, and further agree not to attempt to use the Website after the suspension or termination.
10.3 The owners of the Website may, under appropriate circumstances and in discretion, disable, freeze, suspend and/or terminate the accounts of users who may be considered repeat infringers.
10.4 Illegal activities, including all user data related to such illegal activities, will be reported and referred to appropriate law enforcement personnel.
11.1 The information, services, products, features, benefits available to you on this Website may contain errors and are subject to periods of interruption.
11.2 You agree to indemnify and hold the Website harmless against all claims, liabilities, loss in profits, penalties, expenses, defects, damages, costs, attorney fees, or other consequential damages arising from or relating to your use of the Website.
11.3 While we include strict provisions regarding user generated content in these Terms, we do not control and are not responsible or liable in manner for what users post on or through our Website; including any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal user generated content you may encounter on our Website or in connection with your use of our Website.
11.4 We also reserve the right to modify or discontinue, temporarily or permanently, on our Website, any such information, services, products, features, benefits (including without limitation blocking or terminating your Account), rules or conditions, all without notice, even though such changes may affect the way you use our Website.
11.5 If you are dissatisfied with the Website, or any portion thereof, then you are encouraged to discontinue any further use of the Website.
12.1 We encourage you to report any abuse and/or violations of these Terms to us.
These Terms were last updated on: 26th March 2019.