Website Terms of Use
By accessing this website (flowerpower.com.au) and all subsidiary pages and subdomains), you agree to be bound by the following Terms of Use (“Terms”).
Definitions
- “The Website” means flowerpower.com.au, inclusive of all subsidiary pages and subdomains.
- “We”, “us” or “Flower Power” means Flower Power Pty Ltd.
- “You”, “your” or “yours” means the end user of the Website.
- “Content” includes but is not limited to all copy, imagery and information published on the Website.
- “Data” includes but is not limited to personal information, addresses, contact details and financial information entered into Flower Power’s databases (via the Website or any other means) by you or by any other party.
- “Terms” means the Terms of Use contained in this document.
1. Ownership
- 1.1 This website is owned and operated in its entirety by Flower Power Pty Ltd (ABN 13 000 557 460 / ACN 000 557 460), located at 40 Grady Crescent, Erskine Park NSW 2759, Australia.
2. Use of the website
- 2.1 By using the Website, you agree to be bound by these Terms. If you do not agree, you are not permitted to access the Website.
3. Content, Intellectual Property and Copyright
- 3.1 The Copyright over all Website Content, including but not limited to trademarks, logos, text, photographs, videos, audio, illustrations, graphics, interfaces, information, data and software, is owned by or licensed to Flower Power.
- 3.2 You are permitted to access and view the Website for your own personal, non-commercial use, however Flower Power does not grant you any right to use the Website or its Content or Data for any other purpose, unless expressly sought by you and provided by us in writing.
4. Limitation of Liability
- 4.1 To the extent permitted by law, Flower Power makes no representations or warranties of any kind, express or implied, that:
- i)The information available on the Website is accurate, complete or current;
- ii)Access to the Website will be provided uninterrupted or free from errors;
- iii)The Website or any file, data or program available for download from the Website (or any linked external website) is free of viruses or other technologically harmful material; or
- iv)Any defect in the Website will be repaired promptly.
- 4.2 Any and all risks undertaken when using the Website are assumed wholly by you, and you release Flower Power from any responsibility or liability associated, whether directly or indirectly, with the consequences of you visiting the website.
- 4.3 Flower Power may provide, on the Website, links to external websites for your convenience. Flower Power takes no responsibility and assumes no liability for the contents of these external links.
- 4.4 To the extent permitted by law, in no event shall Flower Power, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Website or these Terms.
5. Indemnity
- 5.1 You agree to indemnify Flower Power against any liability, action, claim, damage, loss, proceeding or expense (including costs) associated with the direct or indirect consequences of:
- i)Your use of the Website or its Content;
- ii)Your non-observance or breach of these Terms; or
- iii)Any breach or inaccuracy contained in any warranty or representation made by you.
6. Your Data and Privacy
- 6.1 The collection and use of Data entered into or associated with the Website is governed by Flower Power’s Privacy Policy, which can be accessed here.
7. Garden Lovers Club Loyalty Programme
- 7.1 The administration of Flower Power’s Garden Lovers Club Loyalty Programme is governed by Terms & Conditions which can be accessed here.
- 7.2 Upon joining the Garden Lovers Club you agree to be bound by the Terms & Conditions mentioned in clause 7.1 in addition to these Terms.
8. Trade Card Programme
- 8.1 The administration of Flower Power’s Trade Card Programme is governed by Terms & Conditions which can be accessed here when logged in to a Trade Member account.
- 8.2 Upon application to join the Trade Card Programme you agree to be bound by the Terms & Conditions mentioned in clause 8.1 in addition to these Terms.
9. Flower Power Gift Cards
- 9.1 The purchase and redemption of Flower Power Gift Cards is governed by Terms & Conditions which can be accessed here.
- 9.2 Upon purchasing a Flower Power Gift Card you agree to be bound by the Terms & Conditions mentioned in clause 9.1 in addition to these Terms.
- 9.3 Upon presenting a Flower Power Gift Card as tender for a partial or full transaction whether in-store or on the Website, you agree to be bound by the Terms & Conditions mentioned in clause 8.1 in addition to these Terms.
10. Pricing
- 10.1 All prices listed on the Website are in Australian Dollars ($AUD).
- 10.2 All prices listed on the Website are inclusive of GST.
- 10.3 All prices listed on the Website are exclusive of any freight or delivery charges.
- 10.4 All prices listed on the Website are subject to change without notice.
- 10.5 Flower Power makes no guarantee that the prices listed on the Website are current or complete. Prices listed are not to be taken as an offer or undertaking by Flower Power under any circumstances.
11. Policies
- 11.1 When engaging Flower Power’s Delivery services you agree to be bound by the Delivery Policy, which can be found here.
- 11.2 When making a purchase from Flower Power you agree to be bound by the Refunds & Returns Policy, which can be found here.
- 11.3 Flower Power’s stance on price matching is governed by the Competitive Pricing Policy, which can be found here.
12. Variations to Terms of Use
- 12.1 Flower Power reserves the right to, at any time and without notice, vary, alter or update these Terms. Any changes take effect from the date they are posted, and by using the Website, you agree to the Terms as they are each time you visit. It is your responsibility to read these Terms and make yourself aware of any variations on a regular basis.
13. Governing Law and Jurisdiction
- 13.1 The Website and these Terms are governed by the law of the state of New South Wales. Any dispute arising from these Terms, or from your access to or use of the Website, will be the exclusive jurisdiction of the courts of the state of New South Wales.
Last updated 1 September 2022.