TERMS & CONDITIONS

In these terms and conditions (Terms), “we” “us” and “our” refers to ABN: 55 823 046 332. Your access to and use of all content on this website is provided subject to the following Terms. The information is intended for residents of Australia only.

We reserve the right to amend this notice at any time and your use of the website following any amendments will represent your agreement to be bound by the Terms, as amended. We therefore recommend that each time you access our website you read the Terms.

Privacy notice – personal information collection statement

We collect your personal information in order to provide you with access to the website, operate the business, and for purposes otherwise set out in our Privacy Policy.

We handle personal information we collect and hold about you in accordance with our Privacy Policy.

If you would like more information about how we collect, handle, use, store and disclose your personal information, how to access and correct the personal information we hold about you, how to make a complaint (including how we handle complaints), please see our Privacy Policy or contact us via email at theteam@nullgardenerslist.com.au

ABN: 55 823 046 332

  1. ABN: 55 823 046 332 is not:
    1. a party to any agreement that users of the website enter into;
    2. responsible for the provision of services under this website.
  2. Unless explicitly specified otherwise, our services are limited to facilitating the use and availability of services provided by users.

Users

  1. In order to access the services provided on this website, you must complete registration by providing certain information as set out on our membership/registration page.
  2. You agree to ensure that your registration details (and any other details you upload to the website) are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, we provide you with a password and User name. On registration you agree to pay for our services as set out on our website.
  4. We reserve the right to terminate your membership at any time if you breach these Terms.
  5. Our information is intended to be used by members within Australia only.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
  4. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatagging or mirroring of our website.

Hyperlinks

  1. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. You agree to any terms of access or use imposed by those sites. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide, nor do we warrant that material on other sites does not infringe the intellectual property rights of any other person.
  2. You may link our website with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  1. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
  2. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
  3. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  4. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

User acknowledgements

  1. In using this site, you acknowledge and agree that:
    1. we are not the provider of services;
    2. if you enter into an agreement with another user of this site, you will be taken to have contracted directly with that person, and we are not a party to that agreement;
    3. you enter into agreements with other users at your own risk;
    4. we do not endorse any user of the website;
    5. whilst users of the site are required by these Terms to provide accurate information, we are under no obligation to undertake additional checks to verify or check the identities or backgrounds of users and we do not confirm, endorse or make any representations about any use or the user’s purported identity or background, nor the safety, quality or legality of the services; and

Disclaimers

  1. The content and/or services provided or made available through the website, are made available to you on an ‘as is’ and ‘as available’ basis.
  2. Users do not provide any services to us and are not our employees, contractors or agents.
  3. We give no warranty that the content on the website is free from error or omission and you should use your own care and skill when accessing and using it.
  4. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.
  5. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. You should protect your software and systems by installing and implementing your own security and system checks.
  6. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owner of that material and we are not responsible for any errors or omissions in such material.
  7. You acknowledge and agree that, to the extent possible under law, we will not be liable:
    1. for any loss, damage, cost or expense incurred by you in connection with your use of the website, including in respect of services provided by a user; and
    2. for any act or omission of any user or third party.

Limitation of Liability

  1. To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

Indemnity

  1. By accessing our website, you agree to indemnify and hold us (and all our related entities, employees and officers) harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:
    1. a breach by you of these Terms;
    2. any negligent or fraudulent act, error or omission by you;
    3. the use of your user account by you or any third party;
    4. the publication or transmission of any information that you provide to us for inclusion on the website;
    5. loss or damage to any property or injury to or death of any person caused by an act or omission by you; or
    6. any claim by a third party against us relating to:
      1. services provided by a user;
      2. your use of the website (or use of the website by any person who access the site using your user account); or
      3. any information that you provide to us via the website.

Restrictions on use

  1. You must not (nor permit a third party to) upload, post or submit any data or information to or via the website (or provide us with any data or information in connection with the site), nor otherwise use the site:
    1. to engage in any activity which breaches any law, infringes a third party’s rights, or in a manner which interferes with the rights of any other person;
    2. to infringe our intellectual property rights (including our trade marks and copyright) or the intellectual property rights of any third party;
    3. in any way that is defamatory, obscene, misleading or deceptive or otherwise illegal;
    4. in any way that infringes applicable anti-discrimination laws;
    5. in any way that constitutes misuse, or resale or other commercial use, of the website (or any content and/or services provided or made available through the website); or
    6. in a way that is regarded by the public or media as unacceptable or which brings our reputation into disrepute or which is otherwise prejudicial or detrimental to our reputation.

Jurisdiction

  1. These Terms are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these Terms will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.
  2. If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.

Variation, suspension and termination

  1. Without prejudice to any other rights or remedies that we may have against you under these Terms or at law, if you breach any provision of these Terms, we may, by giving you written notice, terminate these Terms and disable your access to the site, without any liability to you (other than to pay any amounts owing to you in accordance with these Terms).
  2. We may:
    1. change all or part of the website (including the availability of any feature or content) or suspend access to the site at any time for any reason, without having to give you notice;
    2. impose limits on certain features or restrict your access to all part of the website, without having to give you notice;
    3. terminate your access to the site without notice to you;
    4. edit, remove or alter any content provided by you in our sole discretion.

Privacy

  1. We undertake to take all due care with any information including Comments which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed via this link.

General

  1. If a provision of these Terms is invalid or unenforceable, it may be severed from these Terms and the remaining provisions of these Terms continue in force.
  2. These Terms are the entire agreement between us on its subject matter and supersede any previous arrangements, agreements, representations, understandings or statements (whether verbal, in writing or in some other format).