ECM Label Turbo Membership Terms and Conditions
The following terms and conditions (Terms) are between you and ECM Label Australia Pty Ltd and its affiliates (ECM Label, ECM, we, us or our) and they govern your and our respective rights and obligations.
Your ECM Turbo membership and benefits are governed by the Terms, and any other terms and conditions that are applicable to the use of your ECM Label account or our websites (ECM Policies). The ECM Label Policies are incorporated into the Terms.
1. Signing up for ECM Turbo Membership
- You must have a valid ECM Label account with an eligible shipping address in order to become an ECM Turbo member. Your ECM Turbo membership is linked to your ECM Label account.
- To become an ECM Turbo member, you must purchase your membership from the ECM Turbo Membership product page. By clicking “BUY NOW” on the ECM Turbo Membership product page, you are entering into a binding agreement between you and ECM Label based on the Terms for the applicable membership period (Membership Period).
- ECM Label will send you an email within 24 hours confirming your ECM Turbo membership.
- ECM Label reserves the right to accept or refuse ECM Turbo memberships in its sole discretion.
2. Cancelling your ECM Turbo Membership
- You may cancel your ECM Turbo membership at any time by emailing us at email@example.com
- If you cancel any time after signing up for a paid membership or converting from a free trial to a paid membership, you will not be refunded your membership fee regardless of whether you made any eligible purchases or have taken advantage of any ECM Turbo benefits. You will continue to receive all ECM Turbo benefits until the end of your Membership Period, but your membership will not be automatically renewed for a further Membership Period.
3. Free Trial Period
- From time to time, we may offer a free trial membership of ECM Turbo. If you sign up for a free trial of ECM Turbo membership, you will be required to provide credit card details to be used should you continue your membership after the free trial period.
- You may cancel your membership at any time during the free trial period.
- If you cancel your ECM Turbo membership during the free trial period, you will incur no fees or other charges for the membership. Your ECM Turbo trial will end immediately and you will no longer receive any ECM Turbo benefits.
- If you do not cancel your ECM Turbo membership before the free trial period has ended, your membership will be automatically renewed for the Membership Period and you will be charged the full membership fee in accordance with clause 5.
- There is a maximum of one free trial of ECM Turbo membership per person. You may not use or create another ECM Label account in order to take advantage of the free trial more than once.
4. Benefits of ECM Turbo membership
- Subject to clause 4(c), as a ECM Turbo member:
- You are entitled to a discount on all eligible ECM Turbo products. The discount will be equal to the membership type you selected i.e. VIP = 20%, Standard = 10%.
- Any additional benefits, which, in our discretion, we may offer to ECM Turbo members from time to time.
- ECM Label may, in its discretion, vary the range of items that are eligible ECM Turbo Products from time to time without notice to you.
- You are only entitled to the benefits of ECM Turbo membership:
- When you purchase ECM Turbo Products for personal/ domestic use rather than business purposes. ECM Turbo members are not permitted to purchase ECM Turbo Products for the purpose of resale, rental or to ship to their customers or potential customers using ECM Turbo benefits;
- If you are based in an eligible ECM Turbo location and your shipment is to an eligible address.
- ECM Turbo membership benefits must only be used for products you purchase for yourself personally or as gifts for others, and you may not use the benefits for commercial gain or for ECM Turbo Products that you sell on a commercial basis. If ECM Label considers, acting reasonably, that you have breached this condition, we may, in our discretion, limit the number of free shipments of ECM Turbo Products you may receive or terminate your ECM Turbo membership and exclude you from participating in the ECM Turbo program in the future.
- ECM Turbo membership does not provide benefits related to other ECM stores or services such as Troy Candy, or Eye Candy Motorsports. However, ECM Label may, in its discretion, add or vary the benefits offered to ECM Turbo members from time to time.
5. Membership Fees
- The fee for each category of ECM Membership (Membership Fee) is as follows:
- AUD $99 for an annual Standard ECM Turbo membership
- AUD $145 for an annual VIP ECM Turbo membership.
- The Membership Fee will be billed in advance of each Membership Period and is non-refundable except as expressly provided for in the Terms.
- Payment of the Membership Fee must be with a valid credit card.
- From time to time, ECM may, in its discretion:
- Offer a discounted Membership Fee for a particular Membership Period. Any such offer will only be available for the time it is advertised on the ECM website and will only apply to the Membership Period to which the offer relates. If your membership rolls over for a further Membership Period, or if you cancel your membership and sign up again after the offer period has expired, the normal non-discounted Membership Fee will apply; or
- Offer ECM Turbo membership for free as part of a promotional offer (e.g with the purchase of another ECM product or service); or
- Offer different membership programs similar to ECM Turbo, and the fees and terms for such different memberships may vary.
- The membership fee is payable:
- once you register for ECM Turbo membership and ECM sends you an email confirming your membership (or, if you have registered for a free trial period, on the day following the conclusion of the free trial period); and
- Subject to clause 6(b) and these Terms, your ECM Turbo membership starts on the date that you registered for ECM Turbo membership and is valid for the Membership Period.
- If you have registered for a free trial of ECM Turbo, your membership is valid for the amount of time of the trial the date of your registration. If you do not cancel your membership within the free trial period, it will automatically renew on the day after the expiry of trial period and your ECM Turbo membership will start on the same day.
- You may terminate your ECM Turbo membership at any time in accordance with clause 2.
- ECM may terminate your ECM Turbo membership for convenience by providing 14 days’ notice and a prorated refund of your ECM Turbo membership fee based on the time remaining on your current membership period.
- ECM may terminate your ECM Turbo membership immediately without notice to you and without refunding your membership fees if:
- we consider that your use of your ECM Turbo membership:
- A. materially breaches the Terms or any applicable law; or
B. is fraudulent or otherwise a misuse of your ECM Turbo membership;
- we are unable to charge your membership fee using the credit card details that you have provided, and you fail to provide us with a new eligible payment method within free trial period of us notifying you of the failure to charge the membership fee; or
- your ECM account is terminated for any reason.
8. Limitation of liability
- Unless otherwise stated in writing, ECM disclaims, and does not make, any representation or warranty of any kind in respect of your ECM Turbo membership and any benefits offered by your ECM Turbo membership.
- To the extent permitted by law, ECM will not be responsible for:
- any losses, costs, damages, injury, expenses or inconvenience that were not caused by any breach on our part;
- any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
- any indirect or consequential losses; or
- any delay or failure to comply with our obligations under the Terms if the delay or failure arises from any cause which is beyond our reasonable control.
- Subject to clause 8(b), and to the extent permitted by law, ECM’s liability to you for:
- any loss or damage arising out of or in connection with the supply of ECM Turbo benefits under the Terms;
- any breach of the Terms by us; or
- any non-compliance with a statutory guarantee;
- is limited to:
- the supplying of the ECM Turbo benefits again; or
- the payment of the cost of having the ECM Turbo benefits supplied again.
- Nothing in the Terms is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in the Terms applies to the full extent permitted by law and subject to any non-excludable right or remedy.
9. Assignment and Transfers
- You may not transfer or assign your ECM Turbo membership or any benefits that you receive from your ECM Turbo membership to, or share your ECM Turbo login with, any another person.
- ECM Label may, in its discretion, assign its rights and obligations under the Terms, either wholly or in part, to its affiliates or any third party.
10. Amendments to the Terms
- ECM Label may, in its discretion, amend the Terms at any time by posting the amended Terms on the ECM Label website. We will also notify you of any material amendments to the Terms directly through the email addressed linked to your ECM Label account. Unless stated otherwise, all amended Terms will be effective immediately upon being posted online.
- Any amendments to the Terms will not affect your rights to cancel your ECM Turbo membership. Your continued ECM Turbo membership and use of ECM Turbo benefits after any amendments to the Terms will constitute your acceptance of the amendments. If you do not agree to any amendments to the Terms, you should cancel your membership in accordance with clause 2.
- If any clause of the Terms, or any amendment to the clauses of the Terms, is found invalid, void, or unenforceable for any reason, that clause/amendment is severable and does not affect the validity and enforceability of any remaining clauses/amendments.
- The failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of ECM Labels rights.
- The laws of Victoria govern the Terms and any dispute between you and ECM Label. Both you and ECM Label consent to exclusive jurisdiction of the courts of Victoria.