1. Introduction
1.1. The mobile application, website and related social media accounts are created and controlled by Uniting Flowers (ABN 14 799 259 904) (we, us or our).
1.2. These terms and conditions of use (Terms of Use), together with our Privacy Policy, apply to your use of our products and services and our mobile application, related social media accounts and website www.unitingflowers.com.au (collectively, referred as to the Online Platform). The term you or your refers to the person or organisation accessing, using or relying upon our website and the products and services offered, on or via, the Online Platform.
1.3. Please read these Terms of Use carefully before accessing or using the products or services available through the Online Platform. Whenever you access or use our products, services and/ or Online Platform you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them.
2. Information provided on this Online Platform
2.1. The purpose of this Online Platform is to provide you with information about our products and services. The information and material contained on this Online Platform does not constitute legal, financial, taxation or other advice. Any reliance on, and use of, the information and material contained on this Online Platform is at your own risk.
2.2. We do not warrant the accuracy or completeness of the information and material provided on, or via, the Online Platform and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any inaccuracies, errors or omissions in the information or materials contained on, or via, the Online Platform.
3. Access and use of this Online Platform
3.1. We will not be liable to you or anyone else if for any reason the Online Platform is unavailable (wholly or partly) at any time or for any period.
3.2. Access to the Online Platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or, information and content we provide on, or via, the Online Platform at any time without notice. From time to time, we may restrict access to some parts of the Online Platform (wholly or partly).
3.3. When accessing and using the Online Platform, you must not misuse, disrupt, impair or undermine the security or integrity of the Online Platform or our computing systems or networks, or any computing systems or networks involved in maintaining this Online Platform, or gain unauthorized access to any systems or materials other than those you have been given express permission to access.
3.4. You must not use this Online Platform to post, distribute or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, Trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any law.
4. Liability and disclaimer
4.1. The Internet is not a secure medium and communications to and from this Online Platform may be intercepted or altered in transit. We do not warrant and is not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this Online Platform or any links to third party sites, and for the downloading of any material posted on this Online Platform or any third party site.
4.2. The Online Platform, any information or material displayed on, or via, the Online Platform, our products and services are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Online Platform, information, products and services meets your personal needs and is suitable for the purposes for which it is used.
4.3. To the maximum extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the Online Platform, our products or services, or any information or material displayed on, or via, the Online Platform and third party sites linked to it.
4.4. Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.
4.5. Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed AUD $1,000. To the maximum extent permitted by law, we, our directors, employees, contractors and agents will not be liable to you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, arising out of, or in connect with, the Online Platform third party sites linked to it, the use or inability to use, or reliance on, the Online Platform, any information or material displayed on, or via, the Online Platform, our products or services or these Terms of Use.
5. Intellectual Property
5.1. We are the owner or the licensee of all material and content published on, or via, the Online Platform (including all intellectual property contained therein) (Content). This Online Platform and Content is protected by copyright, trade mark and other intellectual property laws. All such rights are reserved.
5.2. You may download and print Content from this Online Platform for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, license, transfer, or sell any of our Content found on or obtained from our Online Platform without our written consent.
6. Links to or from other sites
We do not recommend or endorse any third party goods, services or content appearing on, or via, this Online Platform, or other sites which are linked to this Online Platform, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these sites, or use of, or reliance on, such sites, products or services is at your own risk and we do not accept responsibility for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise).
7. Amendments
We reserve the right to change, update, or correct the Terms of Use or any information contained on the Online Platform at any time without notice by posting amended Terms of Use to the website. Your continued use of the Online Platform means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the Online Platform immediately.
8. General
8.1. Any failure or delay by us in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
8.2. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.
8.3. If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.
8.4. These Terms of Use are governed by the laws of the state of New South Wales, Australia and each party submits to the jurisdiction of the courts of the state of New South Wales, Australia.
9. Further information
If you have any queries or would like further information about these Terms of Use, our Online Platform, products or services, please contact us at contact@unitingflowers.com.au.