TERMS AND CONDITIONS OF WEBSITE USE
This website, Blue Mountains Fine Flowers (http://www.bluemountainsfineflowers.com.au) is owned and operated by Sunflower Investments Pty Ltd, ABN 30101985380
These Terms and Conditions of Website Use (Terms) govern your access to and use of this Website. When using the Website, you must comply with the Terms.
The Company may change the Terms at any time. If you do not agree with the Terms you should leave the Website immediately. By continuing to use the Website, you accept the Terms.
The material on the Website provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights of any kind in this Website are owned by or licensed to the
Company and are protected by copyright, trade mark and other intellectual property rights and laws, and the Company reserves all rights.
Nothing in these Terms shall be construed as conferring on you any right or license (by implication, estoppel or otherwise), under copyright or other intellectual property rights, in relation to the Website and/or content on the Website.
Apart from fair dealing for the purpose of personal use, private study, research, criticism or review
as permitted under Australian copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this Website without the Company’s prior written consent.
You must not, without the Company’s prior written consent, modify, reproduce, adapt, alter, decompile, disassemble, reverse engineer, post or upload to another website, transmit, broadcast, copy, duplicate, distribute, publish, create derivative works of, exploit or otherwise deal with any material on the Website in any way, in whole or in part.
DISCLAIMER AND LIMITATION OF LIABILITY
The content, products and services available on this Website are provided on an “as is” basis.
The Company does not represent that the information contained in this Website is accurate, comprehensive, verified, complete or error free.
The Company assumes no liability for the contents of any other website you may access from this Website.
Certain State and Commonwealth legislation, including the Trade Practice Act 1974 (Cth)
(as amended from time to time), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions.
To the maximum extent permitted by law, the Company excludes all liability whether under statute, in contract or in tort (including negligence) in relation to this Website, any content or material on this Website and/or your use of this Website or of any content or material on this
Website, including but not limited to in relation to the compatibility, security, quality or fitness for purpose of any content or any goods or services available on this Website.
The Company will not be liable for any losses sustained and arising out of or in connection with use of this Website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. If any law prohibits the exclusion of such liability, the Company limits its liability to the extent permitted by law, to the resupply of the relevant material or information.
You agree to indemnify the Company and the Company’s related bodies corporate (as defined in the Corporations Act 2001 (Cth)) partners, agents, officers, employees and other authorised representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this Website and/or of any content or material on this Website.
THIRD PARTY CONTENT, PRODUCTS AND SERVICES
Products and services offered for sale or advertised, and other information found on this Website, may be the products, services and information of third parties.
Third party flowers, arrangements and other products are not provided by Blue Mountains Fine Flowers. However, if you purchase third party products and services, your legal relationship will be with Blue Mountains Fine Flowers and not the third party. Blue Mountains Fine Flowers guarantees the freshness, flower quality and value of every third party supply. Our third party terms and conditions are in accordance with Interflora’s terms and conditions, which can be found at http://www.interflora.com.au/html/service.aspx?s=5.
The Company makes no representations about the accuracy or suitability of the information provided on this Website. The information is provided ‘as is’ without express or implied warranty.
You use the information at your own risk.
INFORMATION AND MATERIALS YOU SEND TO US
YOUR USE OF THIS WEBSITE
You must only use the Website in accordance with the Terms.
You must comply with all applicable laws regarding your use of this Website.
You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website without the necessary permission of the relevant rights holder.
You must not do or fail to do, directly or indirectly, anything which may:
(a) violate any applicable local, state, national or international laws;
(b) infringe or adversely affect the Company’s right, title and interest in the Website or content of the Website.
(c) infringe or adversely affect any third party’s rights;
(d) interfere with or disrupt the Website operation, functionality, security or any hardware, software, servers, networks or equipment connected to it;
(e) interfere with or disrupt the use of the Website by other users of the Website;
(f) “stalk” or otherwise harass other users of the Website;
(g) attempt to monitor, gather or extract information about Website usage, architecture or users; or
(h) create a link to any part of the Website without the Company’s prior written consent.
In addition, without limiting any other provision of these Terms, you must not:
(a) access, monitor or copy any content or information of the Website using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose;
(b) take any action that imposes, or may impose, in the discretion of the Company, an unreasonable or disproportionately large load on the Website infrastructure;
(c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website;
(d) post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in any Australian jurisdiction from time to time; or
(e) post or transmit any information which infringes the rights of others including, without limitation, privacy rights or copyright, trade mark or other proprietary rights.
This Website may contain links to other websites which are not under the Company’s control or which are not maintained by the Company. The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk. We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this Website does not imply any endorsement or sponsorship by the Company of that website or that we are affiliated in any way with the third party operating that third party website.
CHANGE OF INFORMATION, PRODUCTS AND SERVICES
Information, products and services published or discussed on this Website are subject to change without notice.
If in the Company’s reasonable opinion you fail to comply with any of these Terms, the Company may terminate or limit your access to this Website.
Any legal issues arising out of the use of this Website will be governed by the laws of New South
Wales, Australia and by using this Website you submit to the jurisdiction of the courts of that State.