NURSERY & GARDEN INDUSTRY VICTORIA
WEBSITE TERMS & CONDITIONS OF USE
This website and its contents (“Website“) is owned and operated by Nursery & Garden Industry Victoria of 3/307 Wattletree Road, Victoria, Australia, 3145 (“NGIV“). The use of this Site is governed by the following terms and conditions, as amended from time to time (the “Terms and Conditions“).
By using this Website you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Website.
The Website will be updated from time to time, including these Terms and Conditions and the purpose for or manner in which you may use information obtained from the Website. NGIV encourages you to check these Terms and Conditions regularly. By continuing to use this Website after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.
The Website is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Unless otherwise indicated, the copyright is owned by NGIV which reserves all rights. Except for the direct purpose of viewing, printing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms and Conditions, you must not copy, reproduce, modify, communicate to the public, adapt, transfer, distribute, download or store any of the contents of the Website, or incorporate any part of the Website into another website without NGIV’s written consent.
The Website also includes registered and unregistered trade-marks, which are owned by NGIV. Except to the extent that it is expressly indicated to the contrary, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade dress, trade-marks, copyrights or any other intellectual property of NGIV or any other party whose intellectual property appears on the Website.
NGIV reserves the right to revise the content of, amend links from or withdraw access to the Website at any time without notice and without liability to you or any other person.
Links to Third Party Sites
NGIV assumes no responsibility and accepts no liability for the condition or content of third party websites which may be linked to or accessed from the website. Except as NGIV may specifically direct otherwise, NGIV does not authorise the content of those third party websites.
Software and other digital materials available for download
From time to time certain software and related digital materials may be expressly made available by NGIV for downloading from the Website. Unless those software or materials are expressed to be pursuant to specific conditions (in which case those conditions will apply), NGIV grants to you a personal, non-transferable, and non-exclusive licence with no rights of sub-licence to use the relevant software or materials for your own private use, provided that you do not copy, communicate to the public, modify, reverse engineer, or otherwise transfer or purport to transfer any right in them, and provided also that you ensure that all copies of such software and materials retain any copyright or other intellectual property notices. Except as otherwise provided for in the terms of any express licence agreement, NGIV gives no warranties (either express or implied) as to the completeness, accuracy or reliability of such software or materials, and they are downloaded and used by you entirely at your own risk.
Competitions and promotions
Certain parts of the Website may, from time to time, contain competitions or promotions from NGIV or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, NGIV specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you. All competitions and promotions are only open to persons located in Australia who are over 18 years of age, and prizes will not be awarded to people who do not meet this requirement at the time of entry.
Disclaimer and Limitation of Liability
The Website and its entire contents are provided on an “as is” basis. NGIV and its directors, officers, employees, agents and contractors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Website or its contents nor do they accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Website. You should be aware that information current to a particular time or date as placed on the Website does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Website is updated.
NGIV and its directors, officers, employees, agents and contractors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Website, or your reliance upon information obtained from it (whether arising from NGIV’s or any other person’s negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Website or your use of or access to the Website, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, NGIV’s liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as NGIV may choose.
You agree to indemnify and keep indemnified NGIV and its directors, officers, employees, agents and contractors in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which NGIV and its directors, officers, employees, agents and contractors may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the Website (or any part of it) or your breach of these Terms and Conditions.
NGIV policy with respect to refunding of fees is that it does not generally refund fees.
A right relating to these Terms and Conditions may only be waived by NGIV in writing. These Terms and Conditions are governed by and to be construed in accordance with the laws of Victoria, Australia. By using the Website you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. NGIV’s failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by NGIV in writing.