Legal
Terms of use
These Terms and Conditions (“Terms”) govern your access to and use of the Ecommerce Academy mobile application (the “App”), operated by Exstatic Media Pty Ltd as trustee for the Ecommerce Factory Trust (ABN 84 423 422 437) trading as Ecommerce Academy (“we”, “us”, “our”), a business based in Victoria, Australia. By downloading, accessing, or using the App, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not use the App.
1. About the App
The App provides Ecommerce Academy members with mobile access to “the Campus” — our online learning platform, including course content, community areas, and related resources. The App is a companion to your existing Ecommerce Academy membership and does not itself create a separate membership or subscription; access is governed by the membership terms you agreed to when you joined Ecommerce Academy, which are incorporated into these Terms by reference.
2. Eligibility and Access
- You must be an active Ecommerce Academy member to access Campus content through the App.
- You must be at least 18 years old, or the age of majority in your jurisdiction, to create and use an account.
- You are responsible for keeping your login credentials confidential and must not disclose them to any third party. If you know or suspect that anyone other than you knows your login credentials, you must promptly notify us at help@ecomacademy.co.
- We have the right to disable your account or access at any time if, in our reasonable opinion, you have failed to comply with these Terms.
- We may suspend or terminate App access if your underlying Ecommerce Academy membership lapses, is cancelled, or is terminated.
3. Acceptable Use and Prohibited Conduct
You may use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Share your account, login credentials, or paid content with anyone who is not an active member;
- Copy, record, redistribute, or resell Campus content or App materials without our written permission;
- Use the App for any unlawful purpose, or in any way that violates applicable federal, state, local, or international law;
- Exploit, harm, or attempt to exploit or harm minors in any way;
- Send, or procure the sending of, any advertising or promotional material, junk mail, chain letters, or spam through the App;
- Impersonate or attempt to impersonate us, our staff, another member, or any other person or entity;
- Use any robot, spider, scraper, or other automated means to access the App or copy any of its material, or use any manual process for the same unauthorised purpose;
- Reverse-engineer, decompile, or attempt to extract the source code of the App;
- Introduce any virus, trojan horse, worm, spyware, or other malicious or technologically harmful code or material;
- Attempt to gain unauthorised access to, interfere with, damage, or disrupt the App, the servers it runs on, or any connected system;
- Disable, overburden, or impair the App, or interfere with any other member’s use of it, including via a denial-of-service attack;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which may, as determined by us, harm us or other members or expose them to liability.
We may report any breach of this Clause 3 to the relevant law enforcement authorities and cooperate with them by disclosing your identity. Your right to use the App will cease immediately in the event of such a breach.
4. Intellectual Property
All content made available through the App — including course materials, videos, text, graphics, logos, and the App itself — is owned by or licensed to us and is protected by copyright and other intellectual property laws worldwide. Your membership grants you a limited, non-transferable, revocable licence to access this content for personal, non-commercial use. You must not download, copy, or use any illustrations, video, audio, or graphics from the App separately from their accompanying text, and you must not use any part of the App’s content for commercial purposes without a licence from us. No other rights are granted. If you copy or use any part of the App’s content in breach of these Terms, your right to use the App ceases immediately and you must, at our option, delete or destroy any copies you have made.
5. Community Areas and User Contributions
The App’s community areas may allow you to post, submit, or share comments, messages, or other content (“User Contributions”). Any User Contributions you post are considered non-confidential and non-proprietary. You retain ownership of your User Contributions, but by posting them you grant us and our affiliates and service providers a right to use, reproduce, modify, display, and distribute that content for the purpose of operating and promoting the App and the Campus community.
You are solely responsible for your User Contributions and represent and warrant that you own or control the necessary rights to post them, and that they comply with these Terms. Your User Contributions must not:
- Be defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable;
- Promote discrimination, violence, or illegal activity;
- Infringe any patent, trade mark, copyright, or other intellectual property or privacy right of another person;
- Be likely to deceive any person, or misrepresent your identity or affiliation with us or any other person;
- Involve unrelated commercial activity, advertising, or solicitation.
We do not verify or endorse User Contributions from other members, and the views expressed in community areas do not represent our views. We have the right, but not the obligation, to remove any User Contribution that we consider breaches these Terms, and to disclose your identity if a third party claims your content infringes their rights. If you wish to complain about content posted by another member, contact us at help@ecomacademy.co.
6. App Store Terms
If you downloaded the App from the Apple App Store or Google Play Store, your use is also subject to that platform’s standard terms of service (including EULA terms), in addition to these Terms. Where there is a conflict specifically relating to the platform’s own usage rules, the platform’s terms will apply to that extent.
7. Availability and Updates
We aim to keep the App available and functioning correctly, but we do not guarantee uninterrupted or error-free access. We may update, modify, suspend, or discontinue the App or any part of it (including specific features) at any time, with or without notice, for reasons including maintenance, security, or changes to our Campus platform.
8. No Reliance on Content; No Guaranteed Results
Course content, strategies, and materials in the App are provided for general educational information only. Any reliance you place on this content is entirely at your own risk. While we make reasonable efforts to keep content accurate and up to date, we do not represent or warrant that it is complete, error-free, or suitable for your particular circumstances. We make no representation, warranty, or guarantee — express or implied — regarding the business, sales, or financial outcomes or results you may achieve from applying any training, strategy, or information accessed through the App. Your results will depend on factors outside our control, including your own effort, market conditions, and how the content is applied.
9. Third-Party Links and Services
The App may contain links to third-party websites or resources. These are provided for your information only and should not be interpreted as our approval or endorsement of them. We have no control over third-party content and are not responsible for it; you access third-party sites entirely at your own risk and subject to their own terms.
10. Security and Viruses
While we take reasonable steps to secure the App, we cannot guarantee that it will be free from bugs, malware, or other harmful code. You are responsible for configuring your own device to access the App safely, including using appropriate antivirus and security software.
11. Disclaimer
The App and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the App will be error-free, secure, or continuously available. Nothing in these Terms excludes any guarantee, warranty, or other right which cannot lawfully be excluded under the Australian Consumer Law.
12. Limitation of Liability and Indemnity
To the maximum extent permitted by law, neither we nor our affiliates, licensors, service providers, employees, agents, officers, or directors will be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of or in connection with your use of, or inability to use, the App, whether based in contract, tort (including negligence), or otherwise, even if foreseeable. Nothing in these Terms limits any liability which cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, or for fraud. Where our liability cannot be excluded, it is limited, at our option, to re-supplying the relevant service or the cost of having it re-supplied, to the fullest extent permitted under the Australian Consumer Law.
You agree to indemnify and hold us, our affiliates, licensors, and service providers harmless from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of the App.
13. Termination
We may suspend or terminate your access to the App at any time if you breach these Terms, if your Ecommerce Academy membership ends, or if we discontinue the App. You may stop using the App at any time by deleting it from your device.
14. Changes to These Terms
We may update these Terms from time to time to reflect changes to the App or legal requirements. Updated Terms will be posted within the App or on our website, and your continued use of the App after changes take effect constitutes acceptance of the revised Terms.
15. Other Terms and Conditions
Additional terms and conditions may apply to specific portions, services, or features of the App or of your broader Ecommerce Academy membership (including our website terms of use and any terms of sale). Those additional terms are incorporated into these Terms by reference. Where there is a direct conflict between those terms and these Terms specifically regarding your use of the App, these Terms will prevail to that extent.
16. Governing Law
These Terms are governed by the laws of Victoria, Australia. You agree to the exclusive jurisdiction of the courts of Victoria, Australia to determine any dispute arising from these Terms or your use of the App.
17. Contact Us
Exstatic Media Pty Ltd as trustee for the Ecommerce Factory Trust (ABN 84 423 422 437), trading as Ecommerce Academy
Victoria, Australia
Email: help@ecomacademy.co
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