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Welcome to our website! This website (located at www.lawncultureaustralia.com.au) is owned and operated by Lawn Culture Australia Pty Ltd (ACN 675 751 336) trading as Lawn Culture Australia (“we”, “us’’).
By using our website, you’re (the person visiting our website) agreeing to be bound by these terms and conditions. If you don’t agree with these terms, please don’t use our website.
Please note that these terms govern your use of our website. Additional terms apply to our memberships and trade promotions. If you intend to purchase a membership from us, you’ll be provided with access to these additional terms.
Making changes
We can decide to change these terms at any time. If we do, we’ll post a copy of our revised terms on our website. Changes to the terms will take effect immediately on being published on the website. Your continued use of the website indicates your acceptance of the revised terms.
Ending our agreement
This agreement may be terminated at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, however, you will no longer be authorised to access the website.
Privacy
You can understand more about the way we collect, store, and manage your personal information by viewing our privacy policy available on our website, here.
2. Your use of our website
3. Intellectual Property
4. Promotion
We love it when you post about our goods and services on social media and on our website. If you do share images or videos (or any other depiction whatsoever) of our services on your social media, you provide to us your express and unconditional consent to share your posts on our social media.
We will of course provide appropriate attribution to you (through tagging you or other appropriate means) when reposting your posts.
You grant us permission to use and reproduce your name, business or trading name and logo (if applicable), photograph or likeness, including any trade marks, as well as evidence of services delivered, and results achieved to promote our business. This includes granting us permission to do so in relation to any post, review, testimonial or submission you contribute to our website.
5. Links
Links to our website
If you would like to link to our website, please get in touch with us with your URL, a brief description of your website and why you want to establish a link.
Please note that if we allow you to link to our website, we may impose certain terms or conditions.
If the nature or content of your website changes in any significant way after the authorised link is established, you must let us know and provide us with a new description of your website. If the change means that your website is no longer a good fit with ours, we may ask you to remove the link. Refusal will constitute a breach of these terms.
You can contact us at info@lawncultureaustralia.com.au.
Links from our website
We may include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information.
You acknowledge that they are used at your own risk. Please note that we include these links for your convenience, however we don’t necessarily endorse or support the views, opinions, standards, or information expressed on them. We have no control over the nature, content, and availability of those websites.
For your own safety, please make sure you check the protocols and standards of the linked sites before using them.
6. Cookies
We use cookies to monitor browsing preferences and to help us improve, promote, and protect our website and services.
By continuing to use the website, you agree to our cookie policy. You can find out more information about our cookie policy in our privacy policy, which is available on our website.
7. Security
On our website we may provide or publish general advice, recommendations, information, reviews, or assistance in relation to our goods and services, believing it to be accurate, appropriate, and reliable at the time but we don’t give any warranty of accuracy, appropriateness, or reliability.
Any information and advice we give is general in nature and is not intended to constitute or substitute for professional advice, medical advice, or naturopathic advice. Unless required by law, we won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on any such information or advice.
9. Limitation and Exclusion of Liability
Liability under the Australian Consumer Law (ACL)
Australians are entitled to guarantees under the ACL. We can’t and won’t change these. We specifically exclude all other guarantees that might apply to our services.
Liability for breach of contract
To the maximum extent applicable by law, we specifically exclude all liability for breach of contract.
Other liability, including for negligence
To the maximum extent applicable by law, we specifically exclude all other liability to you, including for negligence. Liability for consequential losses To the maximum extent permitted by law, we exclude all consequential losses, however arising.
Customers outside of Australia
(a) We warrant that we have rendered the services with due care and skill.
(b) We don’t warrant our products or services will be error free or that it will meet all your needs or requirements. This limited warranty is the only warranty provided by us and is in lieu of all other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.
(c) Subject to legal limitations or restrictions applicable to this transaction, our liability for any breach of the limited warranty provided above is limited to the fees paid by you or the cost of re-supplying the product, whichever is less.
(d) We specifically exclude all other liability to you however arising, including for negligence and consequential loss.
(e) By accepting this agreement, you’re waiving, releasing, and discharging all claims you have or may have against us on an ongoing basis relating to our services.
Website ‘as is’
We make the website available to you, however you use it at entirely your own risk.
Everything on the website is provided “as is” and “as available” – we don’t make any representations or warranties of any kind – and, to the maximum extent permissible by law, we exclude all liability for loss or damage you might suffer because of:
(a) failures, errors, mistakes, inaccuracies, interruptions, defects, delays, viruses, lost, stolen, altered or misused data, unlawful third-party conduct arising out of the website;
(b) whole or partial discontinuation of the website;
(c) unsuitable or out of date information on the website (including third-party material and advertisements on the website);
(d) you or any other person acting or not acting, on any information;
(e) personal injury or property damage of any nature resulting from your or any other person’s access to or use of the website;
(f) any unauthorised access to or use of information or data, including personal and financial information, collected by us;
(g) any interruption of transmission to or from the website;
(h) any unauthorised access to or use of information or data, including personal and financial information, collected by us;
(i)any malware (bugs, viruses, trojan horses, ransomware or other harmful code or communications) which may be transmitted to or through the website, including links to other sites;
(j) costs incurred by you in using the website; and
(k) links which are provided for your convenience.
Indemnity
It is your own responsibility to ensure that any services or information available through
this website meet your specific requirements.
You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting
from your use of the website.
This clause survives termination of this agreement.
10. What happens if we disagree?
Dispute resolution
If we disagree about something that relates to this agreement, we both agree not to go straight to court or a tribunal unless we need urgent relief, like an interlocutory order.
We agree to follow the steps set out in this clause first.
(a) First, the party with the issue needs to tell the other person about the issue in writing so they understand what the problem is. This written notice needs to include the outcome that the person with the issue wants and the action they think the other person needs to take to settle the issue.
.(b) Once the other person receives the notice of the issue, both parties agree to do their best to try and resolve the issue together within 20 business days.
If a dispute is declared, any communications between us are confidential and should be treated as ‘without prejudice’ negotiations for the purpose of evidence law. This means that neither of us can use these communications if we go to court.
Mediation
(a) If we can’t resolve the issue on our own, we agree to select an independent mediator to help us work through the problem. We have up to 7 business days to select a mediator together.
(b) If we can’t agree on a mediator, then we both agree to ask the President of the Law Society in NSW to appoint a mediator for us.
(c) If we must mediate, we agree to attend virtual mediation whenever possible, or else to go to mediation in NSW and split the fees of equally between us.
This clause survives termination of this agreement.
11. General
(a) If anything in this agreement is unenforceable, illegal, or void, it is severed, and the rest of the agreement remains in force.
(b) Any waiver by any party to a breach of this agreement will not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
(c) Our website isn’t a part of another entity, such as Facebook, YouTube, TikTok, Instagram, Snapchat, Twitter, or Google and isn’t endorsed by or affiliated with any of those websites or their owners.
(d) Neither party will be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including, but not limited to, by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by
any government or semi government authorities, or major injury or illness of key personnel.
(e) No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this Agreement or any party of it.
(f) The law of NSW, Australia governs this agreement, and the parties submit to the non-exclusive jurisdiction of the courts of NSW.