TERMS
GENERAL
Unless otherwise indicated, this site and its contents are the property of Home & Garden Landscape and are a registered trademark of Home & Garden Landscape, and/or its subsidiaries, affiliates, or assigns. The site and its contents are protected, without limitation, pursuant to Australian copyright and trademark laws. By accessing this site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this site and you should not do so. These terms (“Terms”) apply to use by a customer or user (“you” or “your”) of Home & Garden Landscaping (“Home & Garden Landscaping”, “we”, “us” or “our”) website www.home-garden.com.au and any related websites, mobile apps, plug-ins and browser extensions (“Website”). These Terms were last updated in August 2021.
TERMS
You may not assign any of your rights or obligations under these Terms without prior written consent by us. A change in your effective ownership or control will be deemed an assignment for the purposes of this clause. We may assign, transfer, license, or subcontract any and all of its rights and obligations under these Terms by notice to you but without requiring your consent. If any provision of these Terms is found to be invalid, illegal, or unenforceable, then such provision shall be deemed to be amended to the extent required to cure such invalidity, illegality, or unenforceability and the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
No waiver of any breach of, or failure to enforce any provision of, these Terms by us shall in any way limit the right of Home & Garden Landscaping thereafter to enforce and compel strict compliance with the provisions of these Terms. These Terms, together with any applicable Additional Terms, set out the entire agreement between us and you in relation to the use of the Website and supersedes all prior arrangements, undertakings, representations, and warranties by or between the parties in relation to the Website, whether written or implied. We may at our sole discretion vary these Terms at any time, effective upon posting an updated version of the Terms on the Website. When we do, we will revise the date of the Terms below. Continued use or access of the Website after any such changes constitutes your acceptance of those changes. These Terms are governed by and are to be construed in accordance with, the laws of Queensland, Australia.
APPLICATION OF TERMS
By accessing and using the Website you agree to be bound by these Terms and our Privacy Policy. If you do not agree, then you are not authorised to use or access the Website. If you are using the Website for commercial purposes, you acknowledge and agree that additional terms may apply to your use of the Website.
ACCEPTABLE USE
You must use the Website in a manner that complies with all applicable laws and regulations. You agree not to damage or harm the Website or any underlying network or system. You may not use the Website to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability. Examples of prohibited activity include: activity contrary to Home & Garden Landscaping public image, goodwill, or reputation; promoting or sharing any offensive or illegal activity or content; introducing or uploading viruses or other malicious code to the Website; undermining the security or integrity of our computing systems or networks; collecting, or attempting to collect, data or personal information about any other Website users without their knowledge or consent; using the Website in any way that might impair functionality or interfere with other people’s use modifying, copying, adapting, reproducing, disassembling, decompiling, reverse engineering, or extracting the source code of any part of the Website; threatening harm to persons or property or otherwise harassing behavior; or infringing the intellectual property or other proprietary rights of others.
REGISTRATION
Access to certain functionalities of the Website will require you to register with us and to create a profile on the Website. We will treat the personal information you provide as part of registration in accordance with our Privacy Policy. You are responsible for providing true, accurate, and complete information; keeping all information you use up to date, and protecting your username and password from getting stolen or misused.
COPYRIGHT
All site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software, and all other material on this site are copyright. All images uploaded and submitted to be displayed on the Website must comply with photography licensee restrictions and are licensed for website use. Images, text, and video submitted must not in any way infringe any third party’s rights, including copyright, logos, trademark, trade names, or other proprietary rights of publicity or privacy. If you believe any material displayed on the Website infringes your copyright, please request that the matter be investigated, where the material will be removed as required. no copyright infringement is intended.
CONTENT
All intellectual property in or related to the Website (including software, source code, trademarks, logos, designs, and inventions, but excluding your Content), is the property of Home & Garden Landscape (“Home & Garden Landscaping Content”). You agree not to copy, distribute, modify or make derivative works of, or use, any Home & Garden Landscaping Content in any way not expressly permitted by us. To enable you to use and enjoy the Website and associated services, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Website in accordance with these Terms. We may terminate this license at any time for any reason.
CONTENT (CUSTOMER)
If you are a registered user, the Website allows you to post content, including photos, pictures, messages and/or enquiries, comments, proposals, design boards, and reviews (“your Content”). You may also post enquiries or messages if you are not a registered user. You (or your relevant licensor) retain all ownership in and are responsible for, your Content. However, you grant to us, or shall otherwise procure the granting to us of, a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free license to use, store, display, save, modify, distribute, create derivative works and save your Content on, or in connection with, the Website and for any and all other purposes that we consider necessary or desirable in connection with our business, whether now or in the future. This may include the use of your Content on or in connection with the advertising and other communications by us on other platforms such as Facebook, Instagram, or LinkedIn. By posting, uploading, or submitting your Content on the Website, you represent and warrant that your Content: is your own work or you have the necessary permission from the author or owner of the relevant Content to use such Content in the manner contemplated in these Terms; does not violate or infringe the moral, intellectual property, privacy, or other rights of any other person; does not contain any virus, work, corrupt file, or other forms of malicious code or content that may harm a website or computer; and does not include any cookie, tracking tag or other tracking devices unless we have provided our prior written consent to such inclusion. We reserve the right to remove or modify your Content, in whole or part, for any reason. Following termination or deactivation of your profile, or if you remove any of your Content, we may keep your Content for a reasonable period of time for backup, archival, or audit purposes.
CONTENT (OTHER)
The Website enables access (including links) to third-party content, websites, products, and services, and it offers interactions with third parties that we do not control. We don’t endorse or assume any responsibility for, and we make no warranties or representations with respect to (a) the accuracy, completeness, or timeliness of any content posted on the Website by any third party; or (b) the offerings (whether products or services) of any third parties or the content of their websites. You should carefully review the legal statements and other conditions of any website which you access through a link from the Website.
ALL RIGHTS RESERVED
Permission is granted to electronically copy and to print in hard copy portions of this site for the sole purpose of placing an order with us or using this site as a resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or re-publication, without prior written permission from us, is strictly prohibited.
COLLECTION OF INFORMATION
Personal information: The type of information we collect from you or from third parties, may include: name; images; contact details including email address, mailing or street address and telephone number; demographic information such as postcode; information you provide to us through customer surveys; details of products and services we have provided to you or that you have enquired about, and our response; your browser session and location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and browsing behavior; additional personal information that you provide to us directly or indirectly through your use of our site, associated applications, associated social media platforms or accounts from which you permit us to collect information; and any other information requested by us and/or provided by you.
TRADEMARKS
Home & Garden Landscaping referenced on this site is the trademark or registered trademark of Home & Garden Landscaping.
DISCLAIMER
While we take all reasonable measures to ensure the security and performance of the Website, we do not guarantee that the Website will be 100% secure, uninterrupted, or error-free. All information on the Website is provided on an ‘as-is basis, without warranty of any kind. Use of the Website is at your own risk. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose. If you are using the Website for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract. We will notify you if we become aware that the security of the Website has been compromised or that there is unauthorised access to any registration you maintain on the Website.
PRIVACY POLICY
Home & Garden Landscape has adopted a Privacy Policy. By using the Website in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you. You agree that we may disclose your personal information in accordance with the Privacy Policy.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any loss or damage, whether direct or indirect, and including loss of profits, loss of business or anticipated savings, general or special damages, consequential or incidental loss arising in connection with: your use of the Website or another user’s acts or omissions on the Website; the Website being unavailable (in whole or in part) or performing slowly; any errors, inaccuracies, or omissions in the information on the Website; any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website; and any site linked from the Website. You agree to indemnify us against any claims, losses, costs (including legal costs), expenses, demands, or liability relating to your use of the Website; your breach of these Terms; and your Content that you post or make available on the Website.