Terms of use

1. BY USING OUR SITE YOU ACCEPT THESE TERMS

By using and visiting our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

2. WHO WE ARE AND HOW TO CONTACT US

www.fancyplants.com/au is a site operated by Fancy Plants® Australia Pty Ltd ("We" and “our”). We are registered in Australia under company number ABN 95 123 746 743 and have our registered office at262 -276 Lorimer Street, Port Melbourne, Victoria 3207 Australia.

We are a limited company.

To contact us, please email: [email protected]

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.
• Our Cookie Policy.

4. ELIGIBILITY REQUIREMENTS

In order to use our site, the following requirements must be complied with:

• Children under the age of 16 are only permitted to use our site with the permission from a parent or guardian provided they are under supervision by such parent or guardian.
  
• Our site is directed to people residing in Australia. We do not represent that content available on or through our site is appropriate for use or available in other locations.
  
• It is your responsibility to ensure that your computer or device meets all the necessary technical requirements to access and use our site.
  
• You may only use our site for your own personal, non-commercial and lawful use and only in accordance with these terms.

You must not:

• Use the content of our site for any unlawful purpose;
  
• Solicit others to perform or participate in any unlawful acts;
  
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  
• Spam, phish, pharm, pretext, spider, crawl, or scrape our site;
  
• Collect or track the personal information of others;
  
• Hack or attempt to breach security or interfere with the proper working of our site;
  
• Use the site for anything illegal or immoral, including the sending of any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, infringes intellectual property rights or the rights of any person, or which, in Fancy Plants® Australia Pty Ltd’s opinion is contrary to the standards of behaviour that we expect from users of the Service or which may have a detrimental impact upon the reputation of Fancy Plants®
  
• Create links to our site from any other website without our prior written permission.

We reserve the right to terminate your use of our site or any related website for violating any of the above prohibited uses.

5. WE MAY MAKE CHANGES TO OUR SITE

You can review the most current version of the Terms of Service at any time at this page.

We may update and change our site from time to time to reflect changes to our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

Your continued use of or access to our site following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

6. WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

8. HOW YOU MAY USE MATERIAL ON OUR SITE

We grant you a limited non-transferrable license to browse our site in accordance with these terms.

We are the owner or the licensee of all intellectual property rights on our site, and of the material published on it. Our material is protected by copyright laws and treaties around the world. All such rights are reserved.

You may not to reproduce, duplicate, copy, sell, resell or exploit any portion of our site without our express written consent.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you breach these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. PRODUCT INFORMATION

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. The products may vary slightly from those images. Although we have made every effort to be as accurate as possible, we may change the product at any time without notice. We reserve the right to discontinue any product at any time.

10. DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

In any event, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

13. HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

14. UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to send content to our site, such as a product review, any content uploaded to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any post on our site if, in our opinion, the post is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

If you wish to complain about content uploaded on our site, please contact us on [email protected]

15. RIGHTS YOU ARE GIVING US TO USE THE MATERIAL YOU UPLOAD

When your content is uploaded or posted to our site, you grant us the following rights to use that content a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media.

16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

17. OTHER IMPORTANT TERMS

Indemnification

You agree to indemnify, defend and hold harmless Fancy Plants® and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

General

If any part of these terms is unenforceable for any reason then it will be removed and the remaining terms shall survive.

If we fail to enforce any of these terms, or delay in doing so, we do not waive our right to do so.

These terms may not be changed by you unless we agree in writing.

18. WHAT LAW APPLIES?

The products, promotions and information appearing on this Website are intended for Australia customers only. We make no representation that the products or promotions are available in any locations other than Australia.

This agreement will be governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision

OUR TRADE MARKS ARE REGISTERED

Fancy Plants, Silky Pot and Chia Pod are Australian registered trademarks of Fancy Plants® Australia Pty Ltd . You are not permitted to use them without our approval.