Terms and conditions

Effective from March 13th 2024

 

INTRODUCTION

We have carefully drafted these Terms and Conditions (“hereby referred to as “Terms”) so that you are aware of the rules that will regulate our relationship with you. We have tried to break it down and simplify the Terms however there will be a fair bit of legal jargon as these Terms do form a legally binding contract between you and Estimra Pty. Ltd (ABN 29648855369) . When we use terms such as “our”, “we” or “Estimra” we are referring to Estimra Pty. Ltd. The terms “Subscriber” and “member” will be used interchangeably. Please read them carefully and remember, if you do not agree with the following Terms, do not use our services and/or purchase our products.

 

ACCEPTANCE OF TERMS

Your use of the site and/or the service, or the purchase of one of our memberships and or our products signifies your agreement to these terms and conditions and constitutes your binding acceptance of these terms, including any modifications that Estimra Pty. Ltd. makes from time to time. The products and services that Estimra Pty. Ltd. provides  to customers is subject to the following Terms and Conditions. Estimra Pty. Ltd. reserves the right to update the Terms at any time without notice to the customer. The most current version of the Terms can be reviewed by clicking on the "Terms of Use"  link located at the bottom of the Web pages.

 

This Agreement, which incorporates by reference other provisions applicable to use of www.estimraplus.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.estimraplus.com , sets forth the terms and conditions that apply to use of www.estimraplus.com by User. By using www.estimraplus.com  (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.estimraplus.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

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PRIVACY POLICY

By selecting to purchase a membership, buying a product, utilizing our platform, or participating in any of our giveaways, you affirm that you have reviewed and agree to our Privacy Policy along with these terms and conditions. Estimra Pty. Ltd. reserves the right to amend the Privacy Policy periodically, with updated versions being published on the website www.estimraplus.com. If you disagree with any aspect of the Privacy Policy at any time, it is imperative that you cease using the Site and/or the Service immediately.

 

THE SERVICES

Estimra is an ecommerce brand that sells elegant jewelry globally. It also provides a membership rewards platform called Estimra Plus to Australian residents that offers its subscribers a range of perks including exclusive discounts sitewide of up to 70% off and giveaways. These discounts are only available to members who subscribe to the rewards platform. Members will automatically be entered in the giveaways. These members also get access to a member’s portal where they can manage their profile, payments and update necessary details. Members can cancel their membership at anytime. The purpose of this rewards platform is to generate brand awareness.

Estimra retains the authority to include, alter, adjust, suspend, or terminate any aspect of the Service at its own discretion, without prior notice. Your utilization of the Site and/or Service, including any new services introduced through the Site, is contingent upon adherence to these terms and conditions. Furthermore, Estimra may establish restrictions on any part of the Service or limit your access to sections or the entirety of the Site, at its sole discretion, without assuming any liability or obligation to notify you.

 

USER CONDUCT

1. User shall use www.estimraplus.com for lawful purposes only. User shall not post or transmit through www.estimraplus.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Estimra Pty. Ltd. express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Estimra Pty. Ltd. discretion restricts or inhibits any other User from using or enjoying www.estimraplus.com will not be permitted.

 

1. www.estimraplus.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.estimraplus.com are copyrighted as a collective work under the Australia copyright laws.  Estimra Pty. Ltd. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of  Estimra Pty. Ltd.  and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

1. User shall not upload, post or otherwise make available on www.estimraplus.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.estimraplus.com, User automatically grants, or warrants that the owner of such material has expressly granted Estimra Pty. Ltd. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Estimra Pty. Ltd. the right to edit, copy, publish and distribute any material made available onwww.estimraplus.com by User.

 

1. The foregoing provisions of Section 5 are for the benefit of Estimra Pty. Ltd., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If www.estimraplus.com requires the User to sign up, the User must complete the registration process by providing Estimra Pty. Ltd. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Estimra Pty. Ltd. immediately of any unauthorized use of the User's account or any other breach of security. Estimra Pty. Ltd. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Estimra Pty. Ltd. or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

You acknowledge and accept that you do not possess any ownership rights to your Account, and Estimra retains the prerogative to discontinue the Service at any given moment. Additionally, Estimra reserves the right to terminate your Account, erase all Registration Information, and any other data you've provided via the Site (collectively referred to as User Content) linked with your Account, without prior notification, for any reason or without any reason, including, but not limited to, your violation of the terms and conditions outlined herein. Estimra holds no liability for any damages or losses resulting from the deletion of User Content from the Site and/or the Service.

To cancel your account, simply reach out to support@estimraplus.com and request cancellation.Once your account has been canceled you will receive a confirmation email. Please note that no refunds are available for Estimra Plus Subscriptions. If a recent payment has been processed, kindly ensure to cancel your membership at the conclusion of the billing period.

TERMINATION OF ESTIMRA REWARDS SUBSCRIPTION

To be removed from our mailing or text lists, please contact support@estimraplus.com. Terminating your rewards subscription alone will not remove you from these lists.

If your account fails to pay, there will be a 14 day grace period. Throughout this grace period, there will be automatic attempts to retrieve the overdue payment. If there is no success in paying the outstanding bill after 14 days, your subscription will be terminated.

If you cancel your subscription then change your mind, you will have to create a new subscription. 

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GIVEAWAY DISCLAIMERS

By becoming a member of the Estimra Plus rewards platform you will automatically enter into the giveaways. The Participant agrees to enter the Contest and Agrees that:

 

Any disputes, claims, or legal actions arising from or related to the Contest and its associated promotional gifts shall be resolved individually without resorting to any form of class action.

 

Any judgments, claims, or awards shall be limited to actual expenses incurred by Participants in entering the Contest, with Estimra bearing no responsibility for any legal fees.

 

Participants hereby waive any rights to claim punitive, incidental, or consequential damages, as well as any rights to have damages multiplied or increased, except for actual out-of-pocket expenses incurred during participation.

 

In no circumstance shall Estimra, its licensees, parents, affiliates, subsidiaries, related companies, advertising or promotional agencies, officers, directors, employees, representatives, or agents be held responsible or liable for any damages or losses of any nature, including direct, indirect, incidental, consequential, or punitive damages arising from website access, electronic or computer malfunctions, or entrant participation in the contest, even if Estimra was made aware of the possibility of such damages.

 

Estimra reserves the right to disqualify any Participant found tampering with or abusing any aspect of the Contest, as solely determined by Estimra.

 

In the event of unauthorized human intervention, tampering, or other causes beyond Estimra's control that compromise or impair the administration, security, fairness, or proper operation of the Contest, Estimra reserves the right to suspend, modify, or terminate the Contest.

 

Any deliberate attempt by a Participant to damage the website in order to undermine the legitimate operation of the contest constitutes a violation of criminal and civil laws. Estimra reserves the right to seek damages from any such Participant to the fullest extent permitted by law.

 

Estimra assumes no responsibility for any problems or technical malfunctions of computer systems, servers, software, internet service providers, or email systems, nor for the failure of any entry to be received due to technical problems or incomplete, late, lost, damaged, illegible, or misdirected electronic communications, or any combination thereof.

 

The Contest is void where prohibited or restricted by law. In the event of any concerns regarding the administration, security, fairness, or proper operation of the Contest, Estimra reserves the right to suspend, modify, or terminate the Contest.

 

PROMO CODE

A promo code is to be entered only in the designated field during the checkout process prior to finalising the payment of the purchase. Any attempts to utilize a promo code once payment has been processed will not be validated. 

 

GIFT CARDS

Estimra Digital Gift cards and physical Gift cards are non refundable and cannot be exchanged for cash. They also cannot be used to purchase an Estimra Plus subscription.

 

WARRANTY

All watches provided by Estimra Pty. Ltd. are covered by a two year (24 months) mechanical warranty along with a 3 month battery warranty from the date of purchase. This warranty will cover you for any manufacturing defects on the movement and/or case of the watch. Accidental damages to the watch are not covered, for example scratches to the glass, case, strap, wear and tear will not be covered by this warranty. Water damage and damages caused by modifications or improper repair of parts will also not be covered. To process a warranty request the customer must contact support@estimraplus.com, they will then be provided with further instructions. Estimra Pty. Ltd. will thoroughly assess the returned product, once deemed defective they will either replace or repair the product or refund the price of the purchase back to the original payment method. 
 

REFUNDS, RETURNS AND EXCHANGES

Estimra gift cards, digital gift cards are not refundable and cannot be exchanged for cash.

 

By purchasing an Estimra Plus membership, you are contributing to the support of the Estimra brand. It's essential to understand that memberships require immediate payment upon sign-up, and this fee is non-refundable.

 

Our goods and services are backed by guarantees that are protected under Australian Consumer Law. In the case of major failures, you have the right to cancel your service contract with us and receive a refund for the unused portion or compensation for its diminished value. You also have the option to choose a refund or replacement for major failures with goods.

 

If a failure with the goods or service does not constitute a major failure, you are entitled to have the issue rectified within a reasonable timeframe. If this is not achieved, you can request a refund for the goods and cancel the service contract. Please note that refunds or rectifications cannot be provided for reasons such as change of mind or failure to understand properly.

 

To access certain parts of the Site and Service, you will be required to register on the Site and create a user profile or account (Account). Eligibility is restricted to individuals aged 18 or older.

 

During the registration process, you may need to provide personal information such as your name, address, email address, and other relevant details, and set a password. You agree that all information provided to Estimra for creating an account (Registration Information) will be accurate, current, and complete. Failure to do so may result in the immediate termination of your Account. You are responsible for keeping your Registration Information up to date and maintaining the confidentiality of your password.

When creating an Account, you must not use the email address or username of another person with the intent to impersonate them, use a name that infringes upon the rights of others without authorization, or choose a profane, offensive, or inappropriate email address or username. Additionally, you may not allow any other party to use your Account or password except as outlined herein.

 

You are prohibited from sharing or transferring your Account and disclosing your password to anyone else. You agree to promptly notify Estimra at support@estimraplus.com of any known or suspected unauthorized use of your Account or any security breaches, including loss, theft, or unauthorized disclosure of your password. You understand and agree that you are responsible for all activities conducted under any Account created for your use, regardless of whether you initiated them. Estimra employees, directors, and managers are ineligible to participate or win in the offered giveaways.

 

PRICING

Estimra Pty. Ltd. reserves the right to alter the prices on any product, correct any incorrect pricing, add and/or remove fees without providing any notice. If an item is purchased with incorrect pricing Estimra Pty. Ltd. has the right to cancel the order at any time followed by a full refund of the amount paid.

 

TAXES

Estimra Pty. Ltd. continually works towards minimising excessive fees and taxes for the consumer. All prices displayed on www.estimraplus.com are GST inclusive in accordance with the Australia legislation so that the consumer is able to freely ship tax free. Estimra Pty. Ltd. is not liable for any further customs, duty fees and taxes outside of the Australia legislation.  

 

FORCE MAJEURE

Estimra Pty. Ltd. is exempt from liability for any failure or delay in performance due to circumstances beyond its control. This includes, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, global pandemics, health crisis, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services, telecommunications and courier services). The party that is affected by any such event shall notify the other party within a maximum of 15 days from its occurrence via email at support@estimraplus.com. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement. 

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TERMINATION

Estimra Pty. Ltd. has the right to terminate your use and/or account/profile of the website www.estimraplus.com at its sole discretion. 

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FRAUD

Estimra Pty. Ltd. reserves the right to cancel any orders if deemed suspicious. All matters relating to fraud may be reported to the authorities. If a customer is having  issues with a purchase they made via Paypal they must contact Estimra Pty. Ltd. at support@estimraplus.com . There are resources in place to efficiently and fairly resolve transaction disputes. If the customer lodges a chargeback via PayPal, Estimra Pty. Ltd. reserves the right to deem this action as fraudulent to which it may then be reported to authorities.

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GOVERNING LAW AND JURISDICTION

This Agreement and any operating rules for www.estimraplus.com established by Estimra Pty. Ltd. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
 

COPYRIGHT NOTICE

Content and logos displayed on www.estimraplus .com are of Estimra Pty. Ltd. all rights reserved. All other trademarks appearing www.estimraplus.com are the property of their respective owners.

 

INTELLECTUAL PROPERTY RIGHTS

Estimra Pty. Ltd. owns all its intellectual property rights, such as trademarks and copyright on www.estimraplus.com. Any use of the site www.estimraplus.com or its content including copying or storing such content for commercial use is prohibited without the permission of Estimra Pty. Ltd.

 

LIABILITY

Estimra Pty. Ltd. is not responsible for errors relating to delivery delays, economic harm and/or loss of data. In no event will Estimra Pty. Ltd. be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms, the site, products or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data and whether caused tort (including negligence), breach of contract, or otherwise even if foreseeable and even if Estimra Pty. Ltd. has been advised of the possibility of such damages. In no event shall the maximum aggregate liability of Estimra Pty. Ltd. arising out of or in any way related to these terms, the access and use of the site, or any product or services purchased on the site exceed AUD $100.

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CHANGES

Estimra Pty. Ltd.shall have the right at any time to change or discontinue any aspect or feature of www.estimraplus.com. Estimra Pty. Ltd. also has the right at any time to change or modify the terms and conditions applicable to the users of www.estimraplus.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. 

 

CONTACT US

We welcome all comments, forms and feedback. You can reach us at support@estimraplus.com or alternatively use the form displayed in the Contact Us page.