Terms and Conditions

 

Terms and Conditions of Use

This site is owned and operated by AD Weston & SK Fletcher-Well trading as Curlew Country Farm (ABN 83 793 308 901)(“Business”) and all use and access to this site is subject to these Terms and Conditions of Use.

By accessing and using the site you, both in your personal capacity and in the capacity as an agent and representative for any legal entity on whose behalf you access this site, agree to these Terms and Conditions of Use, which shall include the Terms of Use, the Online Trade Terms and Conditions and the Privacy Policy as displayed on www.curlewcountryfarm.com.au

If you can't find the information you need, please make an enquiry via the contact page.

By using or accessing this site you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, then please do not use this site.

Part 1. Terms of Use

1.1 General Use Terms

The Business controls and operates this site from its offices within Victoria, Australia.

If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

All content of the pages of this site is for general information and use only and is subject to change without notice. Every effort is made to keep the site up and running smoothly. However, the Business takes no responsibility for, and will not be liable for, the site being unavailable.

On this site or in any part of the Terms and Conditions of Use the following meaning shall apply:

• “we”, “us”, “our” or “Business” shall refer to AD Weston & SK Fletcher-Well trading as Curlew Country Farm (ABN 83 793 308 901)

• “you” or “the Purchaser” shall refer to the person, either personally or as representative for and organization that access the site and/or purchase products from the Business.

• “site” means any website operated by the Business and any website on which the Terms and Conditions of Use are displayed or available.

1.2 Revisions of Terms of Use

The Business may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms on the Business site.

You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

1.3 Site Contents, Ownership & Use Restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned, licensed or controlled, and are reserved, by the Business and its related companies, affiliates, licensors and licensees.

1.4 Personal, Non-commercial Use

Permission is granted to display, copy, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:

• Placing an Order with the Business; or

• Using this site as a technical resource,

provided that you do not modify the site and that The Business retains all copyright and other proprietary notices contained in the Contents. You must not, without our prior written permission, exploit or use any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

1.5 Prohibited Conduct

You are not authorised, without the prior written permission of the Business and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.

No trade mark (whether registered or otherwise) that is contained on this site or otherwise used by the Business may be used without the Business’s, specific, written permission or that of the trademark owner.

Please note that the permission granted to use material on the site terminates automatically if you breach any of these Terms of Use.

1.6 Security Disclaimer

Although we endeavor to maintain the security of information on this site, it cannot be guaranteed that information you receive or supply while accessing this site will be secure or protected at all times.

You agree to take responsibility for the safekeeping of any user name and password issued by the Business to access any restricted sections of the site. You are liable for all activity on any device which you have left logged in or requested to be 'kept logged in'.

You are liable for all activity, including contracts and damages, if your user name or password is used by another person (whether authorised or unauthorised).

You agree to release and indemnify the Business in connection with any use of your user name or password.

The Business may suspend or cancel your account and access to restricted sections of the site at any time without prior notice.

1.7 User information

You grant the Business an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to the Business’s site, email or otherwise provide to the Business from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

1.8 General Prohibitions

You must not upload, post, transmit or otherwise make available through the site any material which:

• Violates or infringes the rights of others (including their privacy and intellectual property rights);

• Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

• Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

• Restricts or inhibits any other user from using or enjoying the site;

• Affects the functionality or operation of the site or its servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or

• Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require The Business to take remedial action under any applicable industry code.

Any material posted on this site, may, without notice and at our discretion, be removed, altered or cropped.

1.9 Indemnity

You agree to indemnify and will keep the Business indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Business in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

1.10 Disclaimer of Liability

To the extent permitted by law, the Business will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:

• The use, copying, or display of the contents of this site.

• Products or services supplied by the Business under these Terms of Use.

• A failure or omission on the part of the Business to comply with its obligations under these Terms of Use.

1.11 Disclaimer of Warranty

The Business is providing this site and its contents on an 'as is' basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site.

The Business and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services).

To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site.

To the extent permitted by law, the Business expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

1.12 Online purchase

All purchases made using the site shall be subject to the Online Trade Terms and Conditions in Part 2.

1.13 Damages

Any unauthorised use of this site may give rise to a claim for damages and in some circumstances may constitute a criminal offence.

1.14 Termination

All restrictions, licences granted by you and limitations of the Business's liability will survive termination of your right to use the site and any restriction of access.

1.15 Third Party Links

The site may include links to other sites. These links are provided for your convenience to provide further contact or information. They do not imply that the Business recommend or endorse the views expressed on those sites. The Business has no responsibility for or control over the content of the linked sites or their availability.

1.16 Governing Law

The laws of the State of Victoria, Australia shall govern the use of this site and by using the site you hereby agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Part 2. Online Trade Terms and Conditions

2.1. Terms and Conditions of Trade

All purchases made using the site shall be subject to the Terms of Use and the Online Trade Terms and Conditions effective at the time of acceptance of an order.

2.2. Contract Formation

For clarification any specials, price or offers set out on the site, shall constitute an invitation to treat only. Any purchase order submitted by you via the site shall constitute an offer acceptable by the Business and the Business may reject any offer to purchase submitted by you via the site or email and a contract shall only be completed once the Business accepts your offer on the terms of your offer.

If the Business does not accept your offer and suggests an alternative option such suggestion shall constitute an invitation to treat only.

The Business reserves the right to refuse, limit or cancel any order you place with us

2.3. Price

Prices for our products are subject to change without notice. Any price stated on the web site is only indicative until formal acceptance of the offer by the Business has been confirmed. All prices specified on the site are guides only and are subject to change without notice. The agreed Price for any purchase on the site shall be the price specified in the Business’s acceptance.

We reserve the right at any time to modify or discontinue the sale of any product or service, without notice. At times we may cease the sale of or run out of a particular product or service before being able to indicate so on the web-site. All products are therefore indicative until confirmed by the Business.

The Business shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of product or services.

2.4. Payment Terms

Any purchase via the site shall be payable on placement of the order, unless you have a prior approved credit account with the Business.

2.5. Delivery

The Business may not deliver everyday and delivery restrictions may apply and are subject to any limitations set out on the site or communicated by the Business.

It is your responsibility to supply and provide accurate and correct delivery details and contact phone numbers. With rural properties, this must be a rural address locatable using Google Maps (not farm number, RSD or RMB numbers). For some country areas more than 5km from a town, a remote farm or addresses on unmarked roads, it may not be possible to deliver. If in doubt please check with us if this may apply before ordering.

The Business retain the right to cancel any order where we are unable to ascertain with precision the delivery address. Any delivery made to the address supplied shall be proper compliance with the agreement even if the address provided is wrong.

If your order directs the delivery to be left at a location without anyone to accept the delivery, or at another address, then you agree to accept the risk of any damage or deterioration of the products.

The Business shall be entitled to decide not to deliver to addresses where the delivery person feels there is any personal safety concerns, including by animals, residents or conditions. Deliveries may be delayed in the event of access or weather conditions. In such cases the delivery may be made at a later time or the products may be collected from an address determined by the Business.

2.6. Allergies and Adverse Reactions

Flowers may contribute to allergic or other adverse reactions in people or animals. Some products may be toxic to people or animals if consumed. None of our flowers shall be considered safe for consumption by people or animals.

The Business shall not be responsible for any allergic or other adverse reactions associated with our products and you release and agrees to indemnify the Business from any claim in relation to such claim from any third party who have come into contact with our products through you or by an order made by you.

2.7. Arrangement and Conditions Any image on the site of flowers and arrangements are for indication purpose only. All flowers and arrangements are unique due to seasonal availability and growing conditions. Differences may occur between flowers and arrangements even where multiples of the same product are ordered and such variation shall not constitute a defect. If flowers are left out of water or in hot conditions their condition may deteriorate faster than expected and the useful enjoyment time may be reduced.

2.8. Termination

Your ability to purchase products from this site may be terminated by the Business at any time without notice.

2.9. Governing Law

The Governing Law of all purchases pursuant to the Online Trade Terms and Conditions shall be the laws of the State of Victoria, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

Where the jurisdiction of the Magistrates’ Court arises, the parties submit to the non-exclusive jurisdiction of the Shepparton Magistrates’ Court.

Part 3. Security & Privacy Policy

If you cannot find the information you need, please make an enquiry via the contact page. The Business will not reveal your personal information to external organisations except for the purposes of fulfilling your order.

3.1 Customer Information

• We do not collect personal information when you visit our site unless you log on, place an order or register with us.

• When you place an order you will be asked for the following personal information: your name, email address, mailing address, delivery address, any special delivery instructions and phone number. We may share this information, and only that information which is absolutely necessary, with those third parties that are involved in the processing of your order. For example, the financial institution that issued your credit card and the shipping carrier that delivers your order.

• We do not share, sell, rent or barter any identifiable personal information to any third party without your permission.

• When you log on to our site or place an order, we may ask you for your name and email address, such information may be used by us for providing you special and promotional emails.

• We may have specials and promotional emails available to make your shopping and purchasing experience easier. Should you decide to subscribe, we will send you information from time to time. You may unsubscribe at any time. Subscription to this service is optional and free.

• When you submit feedback or questions via email, or contact us for information about our site, we will request your name and email address. We use this information solely to respond to your inquiries.

• When you enter a contest or other promotional feature, we may ask for your name, address, and email address so we can administer the contest and notify winners. We may ask for other information to enable us to improve our site or to send you special offers.

• Our site contains links to other sites. The Business is not responsible for the privacy practices or the content of other sites.

• By default all web server log files capture IP addresses. We may use your IP to help diagnose problems with our server, administer our site and to track web usage. This information is used internally and is not shared with anyone else. As Governments introduce new privacy legislation the Business’ privacy policies may be reviewed and updated as appropriate. More information on privacy legislation is available from the Federal Privacy Commissioner at www.privacy.gov.au.

3.2 Use of Private Information

The Business does not give information about you to any third party unless one of the following applies:

• you have consented;

• for the purpose of completing an order placed with the Business;

• we have told you we collect the information for a purpose that includes provision to a disclosed third party;

• it is required or authorised by law;

• it will prevent or lessen a serious and imminent threat to somebody's life or health; or

• the disclosure is reasonably necessary for law enforcement or for the protection of public revenue.

3.3 Cookies & Other Technologies

A cookie is a small amount of information sent from a Web server to your computer. We use cookies when someone logs on to our site to maintain that log on, to retain log on information if requested, and for the service of our Shopping Cart. We do not use cookies for marketing, promotional or advertising purposes, nor do we use cookies to track your Internet activity before or after you leave our site. Any activity while you are on our site may be monitored.

3.4 Marketing Communications

The Business has found that attractive, graphics-rich emails are a quick, effective and low-cost way to communicate with customers and prospects about new products, promotional items and technical information about products. We do not want to send emails to you if you would prefer not to receive them. Therefore, every email provides a way for you to unsubscribe from future emails. We also have administrative procedures in place to remove email addresses and domains that consistently send failure messages to our email servers.

3.5 Updating Your Information

Changes to your contact, invoice and delivery details can be made by contacting us through the contact section of www.curlewcountryfarm.com.au

3.6 Changes to Privacy Statement

The Business may without notice amend, change or update this Privacy Statement at any time. All use of this site and purchases made using this site are subject to the Terms and Conditions of Use including the Terms of Use and the Online Trade Terms and Conditions as displayed on www.curlewcountryfarm.com.au