Upper North Shore Sydney Australia

Terms and Conditions

Green Gardener
Date of Last Revision: 24th August 2013
Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement”) governs our relationship with users and others who interact with Green Gardener. By using or accessing Green Gardener, you agree to this Statement.
Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Green Gardener to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Sharing Your Content and Information

You own all of the content and information you post into Green Gardener. In addition:

For content that is covered by intellectual property rights, like photos (“IP content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Green Gardener (“IP License”). This IP License ends when you delete your IP content.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about Green Gardener, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Refunds and Cancellations

Green Gardener offers a 60 day 100% money back guarantee with all of its products. Refunds are normally processed within 1-2 business days of your request, unless you have contacted your bank or credit card provider and have made a complaint or initiated a chargeback. Those complaints and chargebacks must be finalized before your refund can be processed, and lengthy delays can occur.

To request a refund or a cancellation of a subscription product, the fastest way to do so is via email to info@greengardener.com.au. Support hours of operation are Monday to Friday 10am – 5pm (Sydney time)
Safety

We do our best to keep Green Gardener safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorised commercial communications (such as spam) on Green Gardener.

You will not collect users’ content or information, or otherwise access Green Gardener, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Green Gardener.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

You will not use Green Gardener to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of Green Gardener, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.
Registration and Account Security

Green Gardener users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on Green Gardener, or create an account for anyone other than yourself without permission.

You will keep your contact information accurate and up-to-date.

You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
Spamming

Green Gardener encourages you to use our service as long as you abide by the Green Gardener Terms of Service and Green Gardener’s prohibition on spamming and unethical marketing activities. The following are some examples of spamming that violate the Terms of Service and Green Gardener’s Universal Spam Policy:

Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Green Gardener computer systems.

Relaying emails from a third party’s mail servers without the permission of that third party.

Using, or causing to be used, Green Gardener computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.

Using “robots” or otherwise harvesting other’s email addresses from the Green Gardener site for purposes of sending unsolicited or unauthorized material.

Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

Sending unsolicited emails that direct people to Green Gardener.
Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on Green Gardener that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on Green Gardener if we believe that it violates this Statement.

If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including Green Gardener, the Green Gardener and “termslogo” Logos), or any confusingly similar marketing icons, “termslogo1 “without our written permission.

You will not post anyone’s identification documents or sensitive financial information on Green Gardener.
Payments

If you make a payment on or to Green Gardener all sales come with a 30 day guarantee, after that all sales are final.
Green Gardener’ Disclaimer & Limitation of Liability.

You agree that your use of Green Gardener.com.au services shall be at your sole risk. To the fullest extent permitted by law, Green Gardener its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof.

a. No Warranties. Green Gardener.com.au makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

(i) errors, mistakes, or inaccuracies of content;

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services;

(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(iv) any interruption or cessation of transmission to or from our services,;

(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or

(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

b. Third Party Sites. Green Gardener does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

c. Limitation of Liability. In no event shall Green Gardener, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

(i) errors, mistakes, or inaccuracies of content;

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services;

(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

(iv) any interruption or cessation of transmission to or from our services;

(iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;

(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Green Gardener is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction;

(vi) You specifically acknowledge that Green Gardener shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you;

(vii) Green Gardener.com.au is controlled and offered by Green Gardener from its facilities in Australia. Green Gardener makes no representations that its service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

(viii) Green Gardener is also not responsible for any debit card fees, late fees, default fees, or currency conversion fees or spreads., costs, or damages associated with the user’s banking institution, credit cards, or any other means the user may deploy for payment at its site.

Special Provisions Applicable to Share Links

If you include our Share Link button on your website, the following additional terms apply to you:

We give you permission to use Green Gardener’s Share Link button so that users can post links or content from your website on Green Gardener.

You give us permission to use and allow others to use such links and content on Green Gardener.

You will not place a Share Link button on any page containing content that would violate this Statement if posted on Green Gardener.
Amendments

We can change this Statement at any time without notice.
Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Green Gardener to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of, or relating to, this Statement or Green Gardener exclusively in a state or federal court located in NSW. The laws of NSW will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in NSW, Australia for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on Green Gardener, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

We try to keep green gardener site up, bug-free, and safe, but you use it at your own risk. We are providing green gardener “as is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that green gardener will be safe or secure. Green gardener is not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Our aggregate liability arising out of this statement or green gardener will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, green gardener’s liability will be limited to the fullest extent permitted by applicable law.
Special Provisions Applicable to Users Outside Australia

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the Australia:

You consent to having your personal data transferred to and processed in Australia.

If you are located in countries embargoed by Australia, or are on the Australian. Department of Foreign Affairs and Trade (DFAT) autonomous financial sanctions you will not engage in commercial activities on Green Gardener (such as advertising or payments) or operate a Platform application or website.
Definitions

By “Green Gardener” we mean the features and services we make available, including through (a) our website at www.greengardener.com.au and any other Green Gardener branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By “us,” “we” and “our” we mean Green Gardener P/L.

By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Green Gardener or provide data to us.

By “information” we mean facts and other information about you, including actions you take.

By “content” we mean anything you post on Green Gardener that would not be included in the definition of “information.”

By “data” we mean content and information that third parties can retrieve from Green Gardener or provide to Green Gardener through Platform.

By “post” we mean post on Green Gardener or otherwise make available to us (such as by using an application).

By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By “active registered user” we mean a user who has logged into Green Gardener at least once in the previous 30 days.

By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.
Other

This Statement makes up the entire agreement between the parties regarding Green Gardener, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

Copyright © 2013 Green Gardener.com.au All Rights Reserved

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