This website located at www.plantsforspaces.com.au (Website) is owned and operated by Plants for Spaces Pty Ltd ACN 138 348 517 (“Plants For Spaces” or “we” or “us” or “our“).
By using this Website, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree, you may not use this Website.
1. These Terms and Conditions
1.1 Plants For Spaces recommends that you print a copy of these Terms and Conditions for future reference.
1.2 Plants For Spaces reserves the right to amend these Terms and Conditions from time to time. Every time you wish to use the Website, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time.
2. Other terms and policies
2.2 In addition, your dealings with us may also be subject to other terms and policies, such as:
(a) our Terms and Conditions, which are available at www.plantsforspaces.com.au/terms-and-conditions
(b) our Refunds & Returns Policy, which is available at www.plantsforspaces.com.au/refunds-and-returns
3. Intellectual Property
3.1 All material on the Website, including the text, code, information, graphics, illustrations, photographs, video, music, sound, trading names, logos, design, layout, downloads, pricing, products and services (Content) is protected by copyright and other intellectual property laws.
3.2 Except to the extent permitted by relevant legislation, you must not use, copy, modify, adapt, transmit, store, publish or distribute the Content, or create any other material or derivative works using Content, without obtaining our prior written consent.
3.3 Some Content may be the subject of intellectual property rights owned by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms and your use of this Website must not in any way infringe the intellectual property rights of any person.
3.4 Trade marks (whether registered or unregistered), including the Plants For Spaces brand name and Plants For Spaces logo, must not be used or modified in any way without obtaining the prior written consent of the Company or the relevant third-party owner.
4. Links and Third Party Content
4.1 You must not link to, frame or mirror any part of the Website without Plants For Space’s written authorisation.
4.2 The Website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of Plants For Spaces. Plants For Spaces does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk. You should also check the terms and policies that apply to Third Party Websites you choose to access.
5. Your conduct
5.1 You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website for commercial purposes to the competitive disadvantage of Plants For Spaces);
(c) use the Website to harm, abuse, harass, stalk, threaten or otherwise offend others;
(d) interfere with, disrupt, or create an undue burden on the Website;
(e) upload or transmit any material that:
(i) may infringe the intellectual property or other rights of another person;
(ii) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful;
(iii) includes an image or personal information of another person unless you have their consent; or
(iv) you know or suspect, or should reasonably know or suspect, to be false, misleading or deceptive.
5.2 Without limiting the above, you must not and must not permit a third party to:
(a) misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technically harmful;
(b) attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
(c) attack the Website via a denial-of-service attack or a distributed denial-of service attack;
(d) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the Content;
(e) use, obtain, or attempt to obtain from the Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or
(f) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
6. Disclaimer and liability
6.1 Plants For Spaces does not guarantee that the Website will be secure or free from bugs or viruses or function without interruption or errors. The Website is provided on an “as is” and “as available” basis.
6.2 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. By accessing the Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website.
6.3 To the extent permitted by law, Plants For Spaces excludes all warranties, conditions and representations (whether express or implied) that may apply to the Website or its Content. Plants For Spaces will not be liable to you for any loss or damage of any kind, whether in contract, tort (including negligence), or otherwise, arising under or in connection with:
(a) your use of, or inability to use the Website; or
(b) your use of or reliance on any Content or material displayed on the Website,
including any direct, indirect, special, incidental, consequential or punitive damages, which includes, but is not limited to, loss of revenue or profits or business or anticipated savings, loss of use or goodwill or reputation, loss of data, even if such loss or damage was foreseeable.
6.4 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, as set out in our Terms and Conditions available at www.plantsforspaces.com.au/terms-conditions or any other separate agreement we enter into with you.
When you place an order through this Website, we use a secure server which uses industry-standard encryption to protect the information you send through the Website. We make no warranty in respect of the strength or effectiveness of that encryption and we are not responsible for events arising from unauthorised access of the information you provide.
These terms and conditions are governed by the laws of Victoria, Australia.
If you have any queries regarding these Terms and Conditions, please contact our customer support centre [email protected]