v1.1, last updated: 15/08/2021
TERMS AND CONDITIONS ASSOCIATED FOR THE USE OF OUR WEBSITE, AND TERMS OF SALE. BY USING OUR WEBSITE AND/OR ENGAGING IN SHOPPING MEANS YOU HAVE AGREED TO THESE TERMS AND CONDITIONS IN FULL.
Sprigg Nurseries reserves the right to amend the Terms from time to time. Amendments will be effective immediately upon notification on the Website. By using the Website at any time you acknowledge that you have read, understood and agree to be bound by the then current Terms. Your continued use of the Website following such notification represents an agreement by you to be bound by the Terms as amended.
1.1 In this agreement:
Intellectual Property Rights means all statutory and other rights in and to copyright (including future copyright and rights in the nature of analogous to copyright), and all neighbouring rights, all rights in relation to inventions, including patent rights, innovation patent rights, registered and unregistered trade marks (including service marks), trade, business, company names or internet domain names, registered and unregistered designs, the right to keep Confidential Information confidential, circuit layouts and all other rights resulting from intellectual activities in the industrial, scientific, literary, music, dramatic or artistic fields throughout the world whether subsisting now or in the future and includes any developments or improvements or modifications to any equipment, software, technology, processes, methods or techniques and the right to apply for and be registered as the owner of any such rights anywhere in the world.
Sprigg Nurseries’ Goods means the goods provided by Sprigg Nurseries and available for purchase from time to time via the Website.
Personnel means any of the directors, officers, employees, agents and consultants of an entity.
Related Entity has the meaning it has in the Australian Corporations Act 2001 (Cth).
Representative of a party includes any of an employee, agent, auditor, adviser, partner, consultant, joint venturer, contractor, sub-contractor or Related Entity of that party.
You or you means:
i) if you are acting in your personal capacity, you as an individual; or
ii) if you are acting as the authorised agent on behalf of another person including a company or organisation (including as a Representative of a Registered User) that entity.
2. Using the Website
2.1 You must provide and maintain at your cost all of your telephone lines, modems, computer hardware, software, firewalls and any other equipment or facilities necessary for you to access and use the Website.
2.2 You agree that you will not engage in any activity that directly or indirectly interferes with or disrupts or disparages any of the Website or any of its services or products offered from time to time.
3. Website Content
3.1 The information on the Website provided by and on behalf of Sprigg Nurseries or any of Sprigg Nurseries’ Representatives is provided for your general information only, does not take into account your personal situation or business requirements and does not constitute advice of any kind. You should never use or act on this information without first seeking proper information and advice from qualified legal, financial or other advisors in relation to your particular circumstances.
3.2 Whilst the information on the Website provided by and on behalf of Sprigg Nurseries has been prepared with all reasonable care from sources that Sprigg Nurseries considers to be reliable, to the fullest extent permitted by any applicable laws, Sprigg Nurseries, its directors, servants, agents and shareholders take no responsibility and will not be held liable for any errors, omissions or misstatements in the information.
3.3 Sprigg Nurseries may at any time at Sprigg Nurseries’ absolute discretion without giving prior notice to you delete, alter or move content on the Website or otherwise upgrade or downgrade the Website and its functionality and look and feel. Whilst Sprigg Nurseries seeks to maintain accurate and up-to-date information and minimise the time the Website is unavailable for use, Little Train Shop does not warrant that the information is or will be error-free or up-to-date or that the Website will be available at any given time.
4.1 Payments for Sprigg Nurseries’ Goods must be made by credit card, or other alternative payment methods offered by Sprigg Nurseries from time-to-time, including payment via Paypal, Apple Pay and Afterypay, etc.
4.2 A payment will not be processed unless you supply true, accurate, current and complete information requested by Sprigg Nurseries at the time the service or purchase request is made.
4.3 Sprigg Nurseries will deliver a tax invoice to you in respect of a purchase via electronic means.
5. No warranty
Excepting the warranties and guarantees that cannot be excluded under the Australian Consumer Law, Sprigg Nurseries excludes, and you agree that Sprigg Nurseries, its directors, servants and agents, have not made any warranty regarding the Website or Sprigg Nurseries’ Goods purchased from Sprigg Nurseries, their characteristics or fitness for any particular purpose.
You will, to the maximum extent permitted by the applicable law, at all times and from time to time indemnify, and keep indemnified, Sprigg Nurseries and its directors, officers, agents, subcontractors and employees (together the “Indemnified Party”) harmless from and against all liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by the Indemnified Party, and from and against all actions, proceedings, claims or demands made against any of the Indemnified Party as a result of:
- your use of the Website or Sprigg Nurseries’ Goods purchased from Drouin Nursery;
- your provision of incorrect information to Sprigg Nurseries; or
- any breach of these Terms.
7.1 Except as otherwise stipulated in these Terms, Sprigg Nurseries, its directors, servants and agents will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of any of:
- your use of the Website or Sprigg Nurseries’ Goods purchased from Drouin Nursery;
- any loss of any kind or injury arising out of your use of, reliance on or failure to act, on any information contained on or accessed through the Website;
- any loss of any kind or injury arising out of your use of, reliance on or failure to act, on any information provided in relation to Sprigg Nurseries’ Goods purchased from Drouin Nursery;
- errors, mistakes or omissions on the Website; and
- any failure or omission on Sprigg Nurseries’ part to comply with Drouin Nursery obligations as set out in the Terms.
7.2 This disclaimer does not attempt or purport to exclude liability arising under any applicable statute if, and to the extent, such liability cannot be lawfully excluded. If it can be lawfully excluded then such liability is excluded.
7.3 Sprigg Nurseries, its directors, servants and agents do not accept any responsibility for:
- any use of the Website which is illegal or prohibited by applicable laws which apply to you or Sprigg Nurseries;
- any interference or damage to your own computer or software or electrical supply which arises in connection with your use of the Website;
- losses or injury you may sustain due to unauthorised access to or alteration of your transmissions or data or of information contained on your computer or other device or software or on the Website; or
- malfunctions to computers, hardware or software, or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information or data of any kind.
8. Restricted Use
8.1 You may not interrupt or attempt to interrupt the operation of the Website in any way, or use the Website in a manner that adversely affects the availability of the Website’s resources to any others.
8.2 You may not use the Website for any illegal purpose or in any manner that is inconsistent with the Terms.
9. Protection of information
9.1 When capturing customer data, it is passed by Sprigg Nurseries through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
9.2 The Website has security measures in place to seek to avoid the loss, misuse and alteration of information under Sprigg Nurseries’ control. We will protect any information Sprigg Nurseries has concerning you in the same manner as Sprigg Nurseries protects all our other confidential information.
10. Linked websites and cookies
10.1 The Website may contain links to websites operated by third parties (“Linked Websites”). This information is provided for your convenience only. Sprigg Nurseries is not responsible for the content or privacy practices associated with Linked Websites, nor does Sprigg Nurseries, its directors, servants or agents endorse any products, services or organisations associated with Linked Websites.
11. Intellectual property
11.1 Copyright in the Website (including text, graphics, logos, icons, sound recordings and software) is owned, controlled or licensed by or to Sprigg Nurseries. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth), and except as expressly authorised by the Terms, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website; or
- commercialise any information (including but not limited to images, text, videos or sound recordings) or services obtained from any part of the Website,
without our prior written permission. Requests can be emailed to the Director at email@example.com .
11.2 You may not use of any trade marks appearing on the Website, without the prior written permission of the trade mark owner.
12.1 These Terms are effective unless and until terminated by either you or us. You may terminate these Terms by ceasing to use the Website.
12.2 Sprigg Nurseries may in its absolute discretion terminate this agreement at any time without notice to you for any breach or suspected breach of these Terms, and you will remain liable for all amounts due to Sprigg Nurseries up to and including the date of termination.
12.3 The obligations and liabilities of the parties to these Terms incurred prior to termination date shall survive the termination of this agreement.
13.1 All prices on the website are quoted in Australian Dollars, inclusive of GST but excluding shipping costs. Reasonable shipping costs may be charged to you at the time of purchase of Sprigg Nurseries’ Goods.
13.2 These Terms are governed by the laws in force in the State of Tasmania, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the State of Tasmania, Australia and the Commonwealth of Australia.
13.3 If by reason of any fact, circumstance, matter or thing beyond Sprigg Nurseries’ reasonable control, including but not limited to lockout or other interference with work, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion, governmental or quasi-governmental restraint, unavailability or delay in availability of equipment or transport, Little Train Shop is unable to perform any obligation under this agreement and the Terms, Sprigg Nurseries, its directors, servants and agents are relieved of that obligation to the extent that Sprigg Nurseries are so unable to perform and are not to be liable to you in respect of such inability, except where such liability cannot be lawfully excluded.
13.4 If any of the Terms are held by a court of competent jurisdiction to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
13.5 Sprigg Nurseries’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.6 Any questions about any of the Terms should be sent to Sprigg Nurseries Director at firstname.lastname@example.org.