Ella Ding Enterprise Pty Ltd: Website T&C

Last updated: 28 December 2023 

1. Introduction 

1.1. By using this website (located at www.ellamayding.com.au), any related websites or URLs, social  media platforms owned or operated by us (Sites) and using our Services, you agree to be legally  bound by these Terms and Conditions (Terms). 

1.2. By agreeing to these Terms, you are entering into an agreement with Ella Ding Enterprise Pty Ltd  (ACN 659 503 652), including its successors, assignees and related bodies corporate (defined in  the Corporations Act 2001 (Cth)) (Ella Ding or we or us). 

1.3. By accessing or using our Services, you warrant and represent to us that: (a) you have read, understand and agree to be bound by these Terms;  

(b) you are over the age of 18 years; and 

(c) you have the right, authority and legal capacity to enter into a legally binding agreement and  to abide by these Terms. 

1.4. All of our terms and conditions and policies that are linked to or in the Sites, including our Privacy  Policy and our Membership Terms, are incorporated into these Terms. You agree to comply with  all such Terms when accessing or using our Services. 

2. Use of the Services 

2.1. You agree that you are responsible for your access to our Services and for ensuring that any  persons that may access the Services through your account or internet connection are aware of  and compliant with these Terms. 

2.2. You warrant and represent to us that your use of the Services will comply with all applicable laws  and regulations in Australia, in your state/country, in the location that you access the Services and  otherwise where applicable, and that you will not use our Services for any activities that are  unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights  of others. 

2.3. We reserve the right to add, change, modify, suspend or discontinue at any time any portion of the  Services or access to the Site, in our sole discretion. We may impose limits on any portion of the  Service or restrict your access to portions of or the entire Site in our sole discretion without notice  to you.  

Details and marketing emails 

2.4. When you provide your details to us, you warrant and represent that the details are accurate and  that you are the account holder or authorised nominee of the contact number that you provide to  us.  

2.5. You consent in advance to be contacted during our usual business hours (including in relation to  customer service matters, order confirmation/assistance, product offers and/or other promotional  purposes) and to receiving marketing and promotional materials via electronic communication to  the contact details provided in accordance with our Privacy Policy.

Your Conduct 

2.6. You agree that you will not: 

(a) engage in unlawful, obscene, harassing, intimidating, threatening, predatory or stalking  conduct, or conduct that may fall under one of the aforementioned categories; 

(b) disclose or share your password or login information for the Services with any party; 

(c) use the Services in a manner that may affect, damage, disrupt, impair, disable, interfere with  or prevent the reliability and performance of the Services, or interfere with or attempt to  interfere with any other user's use of the Services; 

(d) copy or impersonate any other person or entity, or misrepresent any of your details including  your image (for example by using only accurate and current photos), name, age, identity,  affiliation, connection or association with any other person or entity; 

(e) use the Services to promote or solicit involvement in or, support of a political platform, religion,  cult, or sect; 

(f) post a person’s personal information or images without express permission; (g) solicit or engage in any illegal or unlawful activity; 

(h) use the Service to redirect users to other websites or encourage users to visit other websites; (i) use the Service for any phishing, trolling or similar activities; 

(j) defraud, scam, hack, swindle or deceive other users of the Services; 

(k) harvest or collect email addresses or other contact information of other users from the  Services by electronic or other means or use the Services to send, either directly or indirectly,  any unsolicited bulk e-mail or communications, unsolicited commercial e-mail or  communications or other spamming or spamming activities; 

(l) circumvent, disable or otherwise interfere with security-related features of the Services or  features that determine whether you are acting in accordance with the Terms; 

(m) attempt to access any Services or area of the website that you are not authorised to access;  (n) allow third parties to access and use the Services via your account; 

(o) collect or solicit another person's personal information or images for commercial, inappropriate  or unlawful purposes; 

(p) use any programs, scripts, bots or other automated technology to scrape or access the  Services or hijack user accounts or log-in sessions; 

(q) embed, frame, include or imitate any part of the Services on another website, application or  other platform, without our prior written authorisation; 

(r) use any kind of code, program or device containing reference to Ella Ding or the Services in  order to direct any person to any other website for any purpose; 

(s) resell, rent out or make any commercial use of the Services; 

(t) use robots, data mining or similar data gathering or extraction methods or otherwise collect  any pictures, descriptions, data or other content from the Services; 

(u) attempt to mislead others as to the origin of any information through the Services by copying,  forging or manipulating identifiers such as headers, footers or signatures; 

(v) use automated methods or processes to use or access the Services or create user accounts;

(w) attempt to, or actually gain, unauthorised access to our Services, the server on which our  Services is stored or any server, computer or database connected to our Services; 

(x) cause harm to our Services by hacking, phishing, introducing viruses, trojans or other  programs, scripts or material that may be malicious or technologically harmful to us, our  website, Services or other users of our Services; or 

(y) use the Services other than for their intended purpose. 

User accounts 

2.7. To access and use the Services, you may be required to register for a user account. 

2.8. You agree that you are solely responsible for maintaining the confidentiality of your account details,  including your password. When you register an account with us, please note that your Personal  Information will be accessible by us in accordance with our Privacy Policy. 

2.9. You agree that User Content you provide to us may be made publicly accessible to third parties,  including other users or visitors of the Services. You agree that we are not liable to you for the use  or access of User Content by third parties and Payment Gateways.  

2.10. We retain the right to screen and verify you or your business and identity in our sole discretion.  You agree to submit to such screening and to provide to us, at your cost, immediately upon request,  complete, accurate and current information confirming your identity and eligibility to use the  Services, including company records, copies of photo identification (such as drivers licence and  passport) or other identifying documentation.  

2.11. You understand that we may, in our absolute discretion, investigate, take legal action, terminate or  cancel your access to the Services, your account, Subscription or Membership at any time and for  any reason, without notice to you, including if it is found that you have, or are suspected of, violating  these Terms. 

3. User Content 

Licence to use User Content 

3.1. Our Services may provide you with the opportunity to submit User Content. Please note that your  name and location submitted on the Services may be publicly displayed on the Service and other  users will have access to this information may use it or share it with third parties. If you choose to  voluntarily disclose any other information in your use of the Services, that information will be  considered public information and the protections of our Privacy Policy may not apply. 

3.2. You agree that you are responsible for your access to our Services and for ensuring that any  persons who may access the Services through your internet connection are aware of and compliant  with these Terms. 

3.3. By providing or sending to us, uploading, publishing, transmitting or making available any data,  content or other material to us (User Content), you agree to grant us, ours affiliates, licensees and  successors, a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate,  create derivative works from, distribute and display in any form, any such content, including but not  limited to text, images, videos, graphics, audio and photographs without attribution, including for  the purpose of completing your Order. 

3.4. You agree that User Content you provide to us may be made publicly accessible to third parties,  including other users or visitors of the Services. You agree that we are not liable to you for the use  or access of User Content by third parties. 

3.5. By uploading, publishing, transmitting or making available any User Content to us, you warrant and  represent to us that:

(a) you hold all the intellectual property rights to the User Content and have the authority to upload  or make available the User Content and licence the User Content to us; 

(b) our use of the User Content will not infringe or violate any third-party rights, including but not  limited to defamation, intellectual property rights, moral rights and privacy rights and will not  give rise to an obligation to make any payment to a third party; 

(c) any User Content you associate with the Services or send to other users is accurate, complete,  not false and not misleading; 

(d) the disclosure and use of the User Content to us will not cause harm to any other user or third  party, or violate their rights including any patent, trade mark, trade secret, copyright or other  intellectual property or proprietary right (such as User Content that contains copyrighted  material without permission) or right to privacy; 

(e) our use of the User Content will not breach the security of the Services or our users by  containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code,  programs or content; 

(f) the disclosure and use of the User Content by us does not violate these Terms or other  policies, or any applicable law, rule or regulation; 

(g) the User Content does not contain any obscene, pornographic, profane, sexually oriented,  threatening, defamatory, abusive, offensive, indecent, harassing, inflammatory, inaccurate,  misrepresentative, fraudulent or illegal content including any racist, bigoted, hateful or violent  content; 

(h) the User Content does not promote or cause harm or intimidation of any kind against any  group or individual; 

(i) the disclosure and use of the User Content by us does not violate the privacy of any other  person by containing visual or audible representations of another person without his or her  express written consent or violate their data protection or privacy rights; 

(j) the disclosure and use of the User Content by us will not bring Ella Ding or the Services into  disrepute; and 

(k) the User Content does not contain, promote or enable illegal or unlawful activities. Our rights and liability in relation to User Content 

3.6. We retain the right, at any time without reason or notice, to pre-screen, review, control, monitor,  reject, delete or edit User Content. However, we are not obliged to do so. 

3.7. You agree that we may require you to remove, amend or delete User Content and that you must  comply with such requirement within one day’s written notice to you. 

3.8. You acknowledge and agree that we do not control, take responsibility for, or assume any liability  for, any content submitted by you, or other users of the Services or any third parties, and that we  are not liable for any mistakes, defamation, omissions, falsehoods, obscenity, pornography or  profanity you may encounter. You agree to release us and our agents and officers and employees  from any such claims or liability and acknowledge that the User Content submitted by you or other  users, as well as any other information or materials available through the Services may have  copyright protection whether or not it is identified as being copyrighted. 

4. Termination  

4.1. Without prejudice to any other remedies, we may, in its absolute discretion, at any time and without  notice to you: 

(a) terminate these Terms; and/or

(b) terminate the Services or your access to the Services.  

4.2. To the maximum extent permitted by law, we will not be liable to you for any further loss or damage  you suffer because we have exercised its rights under this clause or these Terms. 

5. Intellectual Property 

5.1. We own, control or licence all materials contained on, or in, our Services, including text, images,  graphics, logos, designs, illustrations, audio, videos, music, user interfaces, photographs, trade  marks, logos, coding or programming and artwork, including but not limited to the design, structure,  selection, coordination, expression, “look and feel” and arrangement of such content contained in  our Services (Ella Ding IP). 

5.2. Ella Ding IP is protected by copyright, trade mark laws, and various other intellectual property rights  and unfair competition laws and must not be copied, imitated or used (in whole or in part) without  our prior written consent. 

5.3. Access to and use of our intellectual property is granted to you on a limited, revocable, non sublicensable licence, subject to these Terms. You agree that you will not: 

(a) copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display,  reverse engineer, decipher, decompile or otherwise disassemble any portion of the Ella Ding IP or our Services or cause or assist others to do so; 

(b) challenge our ownership of Ella Ding IP; 

(c) infringe Ella Ding IP; or 

(d) use or make any intellectual property that is similar to Ella Ding IP. 

5.4. You may access and use the information provided in our Services, on a limited, revocable, non sublicensable licence, for your personal, non-commercial informational purposes. No content may  be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded,  translated, transmitted or distributed in any way to any other computer, server, website or other  medium for publication or distribution or for any commercial enterprise, without our prior written  consent.  

5.5. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence  to, or assignment of, any of our intellectual property rights, whether by estoppel, implication or  otherwise. We reserve all rights not expressly granted in the Services. 

6. Privacy 

6.1. You agree that we may, and that you expressly consent to, sending you emails regarding the  Services, including any information regarding or relating to our Services, in accordance with our  Privacy Policy. Please see our Privacy Policy for information about our privacy practices. 

6.2. You consent in advance to be contacted during our usual business hours (including in relation to  customer service matters, Order confirmation/assistance, product offers and/or other promotional  purposes) via the contact details you provide to us, including by phone, email or post (as  applicable).

7. Unauthorised access and malicious materials 

7.1. To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever  (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or  otherwise caused by any malicious or harmful programs, scripts or technologies that may affect  our Services as aforementioned, system failures or any other harmful material that may infect your  computer, device, programs, data or other proprietary material and you release us from any such  liability. 

8. Third Parties 

8.1. Our Services may, from time to time, contain links to and from websites which are owned or  operated by other parties. Any third party services, content, information, and products that may be  displayed on our Site are provided solely for the benefit of our paid users and we make no  representations or warranties regarding any third party products, services and discounts.  

8.2. Links in the Services and/or Sites to third parties do not constitute sponsorship, approval or  endorsement of the content, policies, practices or services offered by those parties unless  expressly stated by us in writing.  

8.3. Third party websites are governed by their own terms and conditions and privacy policies and we  recommend that you make your own enquiries as to their terms. We do not accept any liability for  any information on, or the privacy practices of, any third party websites. 

9. Limitation of Liability 

9.1. To the maximum extent permitted by law, neither Ella Ding, nor any of its employees or agents, will  be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness  and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss  of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort  or otherwise, arising from or in connection with: 

(a) any act, omission or negligence or the use of, or reliance on, information, comments or  opinions contained obtained through or in our Services; 

(b) any use of the information on or access to Services including if for any reason the Services  are unavailable at any time or for any period;  

(c) any errors in, or omissions from, the information contained in the Services; (d) any Services supplied by us; or 

(e) these Terms or any breach of these Terms. 

9.2. You understand and agree that you are responsible for your own acts, omissions and negligence  and if there are any consequences to your acts, omissions or negligence or through your use of  the Services, that you will be responsible for those consequences. 

9.3. To the extent permitted by law, we expressly disclaim all warranties of any kind unless expressly  stated in the Services or if required under Australian Consumer Law. Nothing in these Terms  purports to exclude any rights or remedies in respect of goods or services under the Australian  Consumer Law which cannot be excluded, restricted or modified. 

9.4. This clause survives termination of these Terms. 

10. Disclaimer of Warranty 

10.1. We provide the Sites and their contents on an “as is” basis and use of this information is at your  own risk. While we aim to update the Sites regularly, neither Ella Ding, nor any of its employees or 

agents, makes any representation or warranty as to the accuracy, completeness, currency or  reliability of the information contained on the Sites.  

10.2. We reserve the right to restrict access to the Services or any part of the Services, change or  withdraw any products, information or content featured in the Services or provided through our  Services, without notice. You acknowledge and agree that we retain complete editorial control over  the Services and may alter, amend or cease the operation of the Services or any part of the  Services, at any time, in our sole discretion.  

11. Release and Indemnity 

11.1. You agree to release and indemnify and hold us and (as applicable) our affiliates, agents, and  employees, harmless from and against any claims, demands, proceedings, losses and damages  (actual, special and consequential) of every kind and nature, known and unknown, including legal  fees on a full indemnity basis, arising from or in relation to your purchase or use of services  purchased or provided by us, your use or access of the Services, or any access to the Services by  a third party arising out of your breach of these Terms, or your violation of any law or the rights of  a third party.  

11.2. This clause survives termination of these Terms. 

12. Amendments and correction of errors 

12.1. We reserve the right to amend these Terms from time to time as it sees fit. Any amendments or  changes to these Terms are effective from the date on which the amended terms are published  except in relation to Orders placed prior to the publication of any varied terms.  

12.2. Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by  a notice on or in the Services, it is your responsibility to keep up to date with any changes or  amendments to these Terms by checking this page, which contains our most accurate and up to  date version of our Terms. 

12.3. We reserve the right to amend any errors in the Services, including any pricing errors, and amend  any information, at any time without notice to you. 

13. General 

13.1. Waiver: Any failure or delay by us in exercising a power or right (either wholly or partially) in relation  to these Terms does not operate as a waiver or prevent us from exercising that power or right or  any other power or right. We are not liable to any other party for any loss, cost or expense that may  have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms. 

13.2. Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms  as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation  to the extent and for the period that we are unable to perform the obligation. You agree that we will  not be held liable for any delay or failure in performance of any part of the Services. 

13.3. Severability: If any part of these Terms is determined by a court of competent jurisdiction to be  invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect  the validity of the remaining provisions of these Terms. This clause survives termination of these  Terms. 

13.4. Relationship: These Terms do not confer an agency, partnership, joint venture, employee employer or franchisor-franchisee relationship between us and you or any other party unless  expressly stated otherwise.

13.5. Entire agreement: These Terms (and all other terms and conditions and policies that are  incorporated by these Terms) and any additional policies or terms you have agreed to through use  or access of our Services make up the entire agreement, and supersede all prior written and oral  agreements, representations, undertakings and understandings. Where there is an inconsistency  between these Terms and any additional Terms, the additional Terms will prevail. This clause  survives termination of these Terms. 

13.6. Jurisdiction: These Terms are governed by the laws of Victoria, Australia. You irrevocably and  unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its  appellate courts. Although the Services may be accessed throughout Australia and overseas, we  make no representations or warranties that its content, or the Services, comply with the laws  (including intellectual property laws) of any country outside Australia. If you access the Services  from outside Australia, you do so at your own risk and are responsible for ensuring compliance  with all laws in the place where you are located. This clause survives termination of these Terms.

Mobile Terms of Service

Ella May Ding

Last updated: April 24, 2024

The Ella May Ding mobile message service (the "Service") is operated by Ella May Ding (“Ella May Ding”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Ella May Ding’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Ella May Ding through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Ella May Ding. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to EllaMayDing or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Ella May Ding mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to EllaMayDing or email support@ellamayding.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.