Terms & Conditions - Australian Wildflower Seeds

TERMS OF USE

AGREEMENT BETWEEN USER AND Wildflora Factory Pty Ltd

The Wildflora Factory website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Wildflora Factory website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Wildflora Factory reserves the right to change the terms, conditions and notices under which the Wildflora Factory website is offered, including but not limited to the charges associated with the use of the Wildflora Factory website.

LINKS TO THIRD PARTY SITES

The Wildflora Factory website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Wildflora Factory and Wildflora Factory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Wildflora Factory is not responsible for webcasting or any other form of transmission received from any Linked Site. Australian Wildflower Seeds provides these links to you only as a convenience and the inclusion of any link does not imply endorsement by Wildflora Factory of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Wildflora Factory website, you warrant to Wildflora Factory that you will not use the Wildflora Factory website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Wildflora Factory website in any manner which could damage, disable, overburden, or impair the Wildflora Factory website or interfere with any other party’s use and enjoyment of the Wildflora Factory website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wildflora Factory website.

USE OF COMMUNICATION SERVICES

The Wildflora Factory website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). When using any such facility you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Wildflora Factory has no obligation to monitor the Communication Services. However, Wildflora Factory reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Wildflora Factory reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Wildflora Factory reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of Wildflora Factory.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Wildflora Factory does not control or endorse the content, messages or information found in any Communication Service and, therefore, Wildflora Factory specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts of communication services and websites not owned by Wildflora Factory are not authorised spokespersons for Wildflora Factory and their views do not necessarily reflect those of Wildflora Factory.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Wildflora Factory OR POSTED AT ANY Wildflora Factory Website

Wildflora Factory does not claim ownership of the materials you provide to Wildflora Factory (including feedback and suggestions) or post, upload, input or submit to any Wildflora Factory website or its associated services (collectively “Submissions”). However, by posting, uploading, inserting, providing or submitting your Submission you are granting Wildflora Factory, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission and to publish your name in connection with your Submission, unless you explicitly request otherwise.

No compensation will be paid with respect to the use of your Submission, as provided herein. Wildflora Factory is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Wildflora Factory.

By posting, uploading, inserting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Wildflora Factory WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Wildflora Factory AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Wildflora Factory WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE Wildflora Factory WEBSITE SHOULD NOT BE RELIED UPON EXCLUSIVELY FOR HORTICULTURAL, PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Wildflora Factory AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Wildflora Factory WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Wildflora Factory AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Wildflora Factory AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Wildflora Factory WEBSITE, WITH THE DELAY OR INABILITY TO USE THE Wildflora Factory WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Wildflora Factory WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Wildflora Factory WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Wildflora Factory OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Wildflora Factory WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Wildflora Factory WEBSITE.

TERMINATION/ACCESS RESTRICTION

Wildflora Factory reserves the right, in its sole discretion, to terminate your access to the Wildflora Factory website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Australia and/or the State of Western Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Australia and/or Western Australia in all disputes arising out of or relating to the use of the Wildflora Factory website.

Use of the Wildflora Factory website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Wildflora Factory as a result of this agreement or use of the Wildflora Factory website. Wildflora Factory’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wildflora Factory’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Wildflora Factory website or information provided to or gathered by Wildflora Factory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Wildflora Factory with respect to the Wildflora Factory website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Wildflora Factory with respect to the Wildflora Factory website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Any example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Under the Australian Copyright Act 1968 (as amended) all rights are reserved for all materials contained in Wildflora Factory Pty Ltd websites, excluding materials in linked sites owned by their respective owners.

Australian copyright law follows British copyright law but also reflects international standards found in the Berne Convention for the Protection of Literary and Artistic Works, other International copyright agreements and multilateral treaties and more recently, the U.S.-Australia Free Trade Agreement.

Notifications of claimed copyright infringement under the Australian Copyright Act 1968 (as amended) should be sent to the designated legal representatives of Wildflora Factory Pty Ltd. The name and contact details of our legal representatives (as they may change over time) can be obtained by direct enquiry to Wildflora Factory Pty Ltd at the contact address provided in our website.