17 Feb 2019
1.1 Thank you for visiting us here at bluegumlandscaping.com.au (the Site). By accessing and using this Site you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use the Site.
1.3 We may change these Terms at any time without notice. Please access the Site and review these Terms regularly to ensure you are aware of any changes made.
Subject to these Terms, you may access and use the Site. If you do not agree with the Terms, then do not use the Site.
4.1 We derive content from sources, which we understand to be accurate and up to date as at the time of publication, however we do not make any representation or warranty as to the currency, reliability, accuracy or completeness of any content provided via the Site.
4.2 While we use reasonable commercial endeavours to update content contained on the Site, you indemnify and release us from all liability for any claim or loss that directly or indirectly results from your reliance on any content provided on the Site, to the extent that such claim or loss was not caused or contributed to by us or our negligence.
4.3 We may engage third parties to author, design or provide content for inclusion in the Site. You acknowledge and agree that in relation to all content contributed by third parties:
(a) any views or opinions expressed in that content are the views and opinions of that third party and not ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of content lies exclusively with the third party who provided it.
5.1 By accessing and using the Site you acknowledge and agree:
(a) we own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of or the Intellectual Property is strictly prohibited; and
(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, its content, our Intellectual Property or products.
5.2 We note that the Site may contain our registered or unregistered trade marks and logos or those of other third parties. Such trade marks and logos must not be used, reproduced or altered in any manner except with our prior consent or the consent of the relevant third party. Any unauthorised use of our or any third party trade marks and logos may constitute trade mark infringement.
6.1 We reserve the right to modify, update or terminate the Site or any part of the Site at any time and at our absolute discretion, without notice or liability to you.
6.2 Any change or modification to the Site or these Terms is effective immediately upon them being posted on the Site. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site then you will be deemed to have accepted those changes or modifications
7.1 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on the Site;
(b) site framed within the Site; or
(c) advertisements displayed on the Site.
7.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third party websites.
7.3 Hyperlinks are provided on the Site for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on the Site is not an endorsement, approval or recommendation of the linked website or its content.
7.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
7.5 Material appearing on linked sites may be subject to copyright. We recommend that you refer to any copyright notices on those sites before making use of any such material.
8.1 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon the Site.
8.2 Your use of the Site is entirely at your own risk. When using the Site, information will be transmitted over a medium or platform, which may be beyond our supervision or control. Information and files available from the Site cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any content transmitted from the Site.
8.3 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Site, which is beyond our direct control. To avoid doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Site.
9.1 To the extent permitted by law, we specifically disclaim all warranties whether express, implied, statutory or otherwise relating in any way to these Terms.
9.2 These Terms include terms implied by law, which cannot be excluded. Our liability for any breach of such implied terms will be limited to our choice of either supplying goods and/or services provided to you again, or the reasonable cost of supplying those goods and/or services again.
10.1 You may link to this Site by making a text link only provided that this is not illegal, obscene, offensive, upsetting or defamatory and does not alter the content of the Site in any way.
10.2 You must not use our trade marks or logos or any Site content as a banner or icon or in any other manner or reproduce, frame, reformat the files, pages, images or information on this Site on any other website without first obtaining our written consent.
You indemnify and agree to keep us, our employees, representatives and agents indemnified against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered or incurred by Us directly or indirectly as a result of any breach of your obligations under these Terms and against all claims, demands, actions, proceedings, costs, expenses, liabilities (including without limitation legal costs and disbursements on a full indemnity basis) arising or connected in any way with these Terms.
You agree not to interfere with the proper working of the Site. You agree not to do anything that imposes an unreasonable or disproportionately large load on the Site.
13.1 Your information includes any personal information you provide to us or other users of the Site and contained on the Site.
13.2 You agree that all information you provide is complete, accurate and current, and that you will take all steps necessary to maintain completeness, accuracy and currency of your information at all times including amending your information as soon as practicable after it changes.
13.3 It is a condition of these Terms that your information must not:
(a) contain any virus, trojan horse, worm, time bomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system, data or personal information;
(b) be false or misleading;
(c) contravene any law, statute or regulation, including without limitation, consumer protection and sale of goods legislation;
(d) be defamatory, unlawfully threatening or libellous; or
(e) infringe any third party's Intellectual Property.
13.4 We may in our sole and absolute discretion, reserve the right to suspend or terminate your use of the Site if your information is not truthful, accurate or current, or if you attempt to transmit any material to the Site which contains any virus, trojan horse, worm, timebomb, cancelbot or other programming routine that may alter, interfere with, damage, delay, intercept or expropriate any system data, personal information or other content on this Site.
14.1 To the fullest extent permitted by law:
(a) all conditions and warranties concerning (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products supplied by Us, Our liability to you is limited to the remedies contained in Section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth), which you agree is your only remedy;
(b) in no event will we, our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Site be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or your inability to use the Site, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not we are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) we are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Site; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
15.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
15.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not constitute a waiver of any other or of any subsequent breach.
15.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond Our reasonable control including, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
15.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in the Site.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in .
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Terms means these website terms and conditions between you and Us.
us, we and our means Blue Van Industries Pty Limited (ACN 166 941 233), trading as “Blue Gum Landscaping Centre” (ABN 15 166 941 233).
16.2 In this Agreement, unless the context indicates a contrary intention:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
(d) the word ‘include’ in any form is not a word of limitation
(e) no rules of construction apply to the disadvantage of one party on the basis that the Terms or relevant part of the Terms was prepared or put forward by that party; and
(f) a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Newcastle, Australia even if the obligation is to be performed elsewhere.
1.1 When you purchase goods or services from us, you may give us your name and e-mail address. This information may be required to process your order for goods and/or services.
1.2 Otherwise, in order to better provide you with goods and/or services, we collect the information that you give us, which may include personal information that is:
(a) automatically collected by our system relating to your visit to the website, such as your IP address;
(b given to us by you when you fill in questionnaires, contact forms or other sections of the Site or when you post or input information to the Site; and
(c) about how you use the Site.
1.3 We do not seek, nor do we collect, personally identifiable information from anyone under the age of 16.
2.1 We may use your personal information for the following purposes:
(a) to process and obtain payment for goods and/or services we provide to you;
(b) to provide you with information you request about goods and/or services we provide;
(c) if necessary, to verify your identity or age; and
(d) to send direct communications including providing you with information about new products or services, events, functions and special offers we are selling or conducting.
2.2 From time to time, we may also ask you to participate in surveys or questionnaires. These help us to improve our levels of service and to maximise the opportunities and benefits you can enjoy.
2.3 We may also send you direct communications electronically updating you about goods, services, offers and special offers. You will only receive electronic messages where you have consented to receive them or it can be inferred from your existing business or other relationship with us, where there is a reasonable expectation of receiving those electronic messages. All electronic messages will identify us and provide an opportunity for you to unsubscribe to them.
3.1 We may use contractors to prepare and send mail-outs and deliver goods.
3.2 We will only disclose your personal information to those contractors or other third parties:
(a) to allow your orders to be processed and delivered to you;
(b) to provide you with marketing and other information about us and our own or related products and services, if you authorise Us to do so; and
(c) if required or permitted by law.
4.1 We take reasonable steps to ensure your personal information is protected from risks such as loss, unauthorised access or use, destruction, modification or disclosure. Aside from you, we only permit authorised personnel to access your personal information.
4.2 While we take reasonable measures to protect our Site and all information, you should be aware that no Internet data transmission can be guaranteed to be totally secure from access by unintended recipients. We will not be responsible for events arising from unauthorised access to your personal information.
5.1 You have the right to access your personal information, which we have collected from you.
5.3 We reserve the right to withhold your personal information where its disclosure to you is restricted by law, is the subject of legal action, or may compromise the privacy of another person.
From time to time, we may give you the choice as to whether or not you wish to participate in promotions, surveys or competitions we are conducting. To take part in these activities, you will be directed to an appropriate mechanism to enable you to sign up. When you sign up you will receive additional information about the terms and conditions that apply to registration and the relevant surveys, competitions or promotions. Please read these carefully as such terms apply in addition to those set out in this policy and could provide you with important information about how personal information collected as part of those activities is dealt with.
7.1 Where marketing information is forwarded to you via electronic messages, there will be a functional ‘unsubscribe’ mechanism contained in the message. If you no longer wish to be contacted by us or receive Our marketing information, you can unsubscribe or contact Our Privacy Officer.
7.2 We will keep a record of your request to ensure you do not receive that information in the future. However, you cannot ask not to receive information, which we are required to provide you by law.
"Cookies" are small pieces of information sent by a web server and stored by your browser on your computer's hard drive so it can later be read back from that browser. This allows your browser to remember some specific information. Cookies enable us to store items in your shopping cart and to identify you on return visits. Most browsers automatically accept cookies, but you can usually change your browser to prevent this. However, while most of the content of our web site can be viewed without accepting cookies, the shopping cart features of the Site will not function properly when cookies are disabled.
(a) by email, at firstname.lastname@example.org; or
(b) by mail, at the following address:
Blue Gum Landscaping Centre,
219 New England Highway,
Thornton, NSW 2322
219 New England Highway
(02) 4966 1552
85 New England Highway
(02) 4938 3669
Monday - Friday: 7am - 4pm
Saturday: 7:30am - 12:30pm
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