FLEXIGARDENFRAMES WEBSITE
The Website, flexigardenframes.com.au (“Website) and the “FlexiGardenFrames” business are owned and operated by Silverside Holdings Pty Ltd (ABN 76 625 375 635) trading as FlexiGardenFrames (“FGF”).
1. Your Acceptance
By accessing or using the Website and/or by submitting User Submissions (defined below), you (referred to herein as “you”, “your” or “User”) agree to accept and comply with these Terms of Use and our Privacy Policy available at flexigardenframes.com.au. If you do not agree to these Terms of Use, please do not use, access, or submit User Submissions for the Website.
FGF may, in its sole discretion, modify or revise these Terms of Use, the Privacy Policy, or any of its other policies at any time without notification, and you agree to be bound by such modifications or revisions. FGF recommends periodically revisiting the Terms of Use to ensure you are kept up to date with any changes made. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
By using or accessing the Website and/or submitting User Submissions (defined below), you affirm that: (a) you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent to access or use the Website or post User Submissions (defined below); and (b) you are fully able and competent to understand and abide by these Terms of Use. If this is not the case, please do not access, use or submit User Submissions to the Website
2. Website Content
All materials and content on the Website, including but not limited to any and all text, images, graphics, software, sounds, templates, trade marks, service marks, trade marks, designs and products, but excluding the User Submissions defined below (“Website Content”) is the property of FGF and its related companies, affiliates, contractors and licensors and subject to copyright and other intellectual property protection. Brands, logos, images and tag-lines are registered or unregistered trade marks owned by FGF and its contractors, affiliates and licensors.
You can access Website Content and User Submissions for your own personal, non-commercial purposes but you must not republish, copy, reproduce, transmit, distribute or use any Website Content or User Submissions in any other way, or modify or adapt any Website Content or User Submissions, without the prior express permission of FGF or the relevant copyright owner.
Reasonable efforts are taken to ensure that the Website Content is accurate and up-to-date. However we make no warranties or representations about accuracy, correctness, reliability or completeness of the information provided.
3. User Submissions
Users of this Website may submit material and content to be published on the Website by way of the facilities provided on this Website (“User Submissions”). User Submissions must be submitted in accordance with any applicable formats, file sizes, specifications, requirements and procedures specified on this Website or in these Terms of Use. You acknowledge that your User Submissions may be published on the Website and otherwise dealt with in accordance with these Terms of Use.
We reserve the right to moderate and pre-vet all User Submissions. We will determine, in our absolute discretion, whether any User Submission will be posted on the Website. Where possible, we may contact you to confirming whether or not your user Submission is suitable to be posted on the Website at our discretion. Notwithstanding the approval of any User Submission by us, these Terms of Use will continue to apply. We reserve the right, at any time, to refuse to publish or to remove any User Submission from the Website for any reason in our absolute discretion, including without limitation where the material is considered obscene, pornographic, offensive, inappropriate, blasphemous, or infringing upon the rights of any third party. User Submissions are also subject to any terms outlined on any advertisement or page inviting User Submissions to be made.
When you submit any User Submission, you license and grant FGF, its contractors, affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, copy, modify, edit, re-purpose, adapt, publish, communicate to the public, make available, distribute and display such User Submission for any purpose throughout the world in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that your User Submissions are your own work, are original and that you have the full right title and authority to grant the rights set out in these Terms of Use.
You agree that you are fully responsible for all aspects of your User Submissions. We shall not be liable in any way for any User Submission to the full extent permitted by law. You warrant and agree that:
(a) you will not submit any User Submission that is or could be considered in breach of any rights of others including copyright, trade mark, trade secret, patent, moral rights and other intellectual property, privacy or publicity rights;
(b) you will not submit any User Submission that is or could be considered defamatory, libelous, obscene, vulgar, harmful, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, hateful, bullying, humiliating, discriminatory, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
(c) you will obtain prior consent from any person or from the owner(s) of any property that appears in your User Submission, including the parent or guardian of any person aged under 18;
(d) you will obtain full prior consent from any person who has jointly created or has any rights in your User Submission, to the uses and terms herein; and
(e) your User Submission shall not contain viruses or cause injury or harm to any person or entity.
4. Your Conduct
You agree and warrant that in your use of and access to the Website and submission of User Submissions (hereafter defined as “use”):
(a) you will not use the Website for any purpose that is unlawful and you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems;
(b) you will not use the Website to collect information about others without their consent, or to stalk, bully, harass or violate the rights of any other person;
(c) you will not attempt to gain unauthorised access to any services or information;
(d) your use of the Website will not compromise the security or integrity of our computer systems, networks or any websites or servers, whether by allowing intruders into the same, introducing viruses, harmful programs or other threats, imposing an unreasonably large load on the Website or using any computer program, file or device to damage, tamper or interfere with the Website;
(e) you will not post, publish, transmit, distribute or upload via the Website any unauthorized or unsolicited emails, chain letters, advertisements, promotional materials, ‘junk mail’, ‘spam’, pyramid scheme or other similar activity; and
(f) you will not provide false names or personal information, impersonate any person or entity or falsely misrepresent any User Submissions.
Any cost associated with use of the Website is the User’s responsibility and is dependent on the Internet service provider used. We reserve the right, at any time, to verify the validity of User Submissions. The use of any automated software or any other mechanical or electronic means that allows a User to automatically make submissions repeatedly, is prohibited.
We may terminate or suspend your access to the Website in part or in full at any time, for any reason including misconduct on the Website or breach of these Terms of Use, with or without notice.
Without limiting any other terms herein, you indemnify FGF and its contractors, affiliates and agencies for the breach of any terms and conditions outlined in these Terms of Use, committed by you or on your behalf.
5. Modifying the Website
If any activities on the Website are interfered with in any way or are not capable of being conducted as reasonably anticipated due to any reason beyond our reasonable control, we reserve the right, in our absolute discretion, to the fullest extent permitted by law: (a) to disqualify any User; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the activity, as appropriate.
Without limitation to the foregoing, we may modify, suspend or discontinue the services available on the Website, or delete, modify or supplement the Website content and User Submissions, at any time without notice.
6. Payment terms, delivery and returns
The following terms are applicable to all purchases of FGF products.
(a) Online payments are made via the Shopify system
(b) Orders will not be dispatched until funds have cleared into our account.
(c) All orders are sent out via Australia Post or an appropriate third-party courier firm.
(d) All postage and packaging costs for all deliveries are as provided on the checkout page of the Website.
(e) All products advertised on the Website are subject to availability.
(f) The price payable for any products or services is the price specified on the online store at the time of placing the order. Prices displayed are subject to change at any time.
(g) Any order placed on the online store is an offer by you to purchase a particular product for the price specified at the time you place your order. You acknowledge by placing an order, you are agreeing to pay for and accept delivery of the product(s) ordered.
(h) International customers will be liable for any customs charges, duties, or tariffs for their destination country. International customers order at their own risk.
(i) You should inspect the product(s) immediately upon receipt at your nominated delivery address and you must notify FGF within five (5) working days of delivery of any shortfall, damage or incorrect orders.
(j) Risk of loss and title for the product(s) pass to you upon dispatch from us, to the delivery carrier.
(k) FGF is not responsible for any delay in delivery of any products caused by, or in any way connected with, any other cause beyond the reasonable control of FGF (including but not limited to shortfall of supplies, strikes, industrial disputes).
(l) We do not offer and will not permit returns or exchanges for change of mind or any other reason, subject always to your rights under applicable laws including the Australian Consumer Law. All orders are final and returns and exchanges will only be offered where there is a fault with the product (as per the terms outlined below) or where otherwise required by law.
(m) If a product received by you is damaged or faulty, promptly contact us by email, support@flexigardenframes.com.au] to organise for the faulty product to be returned (a photo showing the damage/fault may be requested), then return the faulty product with your proof of purchase attached and a written reason detailing the fault or damage and your contact details. Nothing in these Terms of Use reduces or limits your rights under the Australian Consumer Law. Once returned to FGF, if we reasonably assess that your returned product is in fact faulty/damaged and/or in breach of any statutory or express warranty, we will replace your product with an identical product and also arrange to reimburse you for the postage costs incurred by you to return your faulty/damaged product to us. If we are unable to replace the product with an identical product, you may select another stocked product of the same purchase price, or you can opt for a refund of the purchase price of the faulty product. The replacement product will be sent at no charge, as soon as possible, after we receive your faulty or damaged product. Any faulty or damaged product(s) must be complete. Returns will not be accepted by FGF if the fault or damage to the product has been caused by accident or by misuse by either you or a third party or if the product has been modified or tampered with in any way by you or a third party.
7. Warranty Disclaimers
To the extent permitted by law, you agree that your use of FGF products and services and the FGF website shall be at your sole risk. FGF products should only be used for the purpose specified in the product description on product packaging and/or the Website. FGF accepts no responsibility when products are used other than for their specified purpose. To the fullest extent permitted by law, FGF, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the FGF website and your use thereof or your use of any FGF products. To the fullest extent permitted by law, FGF makes no warranties or representations about the accuracy or completeness of the FGF content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and the FGF products (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. FGF does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website and FGF will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
FGF does not warrant that the Website, or the servers on which the FGF website are hosted, are free of software viruses or defects. Accordingly, FGF is not liable for any loss suffered as a result of any such viruses or defects.
8. Liability
Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, FGF and its affiliates and contractors (including their respective officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of your use of the Website.
We assume no responsibility for any technical malfunction, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, virus, bug, tampering, theft or destruction or unauthorised access to or alteration of the Website, or any injury or damage to any person’s computer related to participation in or downloading any material from this Website.
9. Indemnity
You indemnify FGF, its related bodies corporate, directors, employees, agents and representatives, from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered as a direct or indirect consequence of you accessing and/or using this Website or using any FDF product.
10. Links
This Website may provide links or references to other sites originating from other third parties but we accept no responsibility for the content or operation of any such sites and shall not be liable for any loss, damage or injury arising out of or resulting from access to or use of such sites. Please read and ensure that you comply with the terms and conditions on any external sites.
11. Severability
In the event that any portion of these Terms of Use is found to be invalid, void or unenforceable, the remainder of these Terms of Use shall remain in full force and effect.
12. Waiver
No waiver by us of any term shall be deemed to be continuing or shall be deemed a waiver of any other term.
13. Applicable law
These Terms of Use are governed by and to be construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
