MY GARDEN PAL PTY LTD WEB SITE TERMS OF USE ("Terms")

These are the Terms on which the My Garden Pal Pty Ltd ABN 49 126 285 023, Level 1, 1 Queens Road, Melbourne, Victoria, 3004, Australia (My Garden Pal) permits users to access the My Garden Pal Web Site (Web Site) and use the My Garden Pal garden advice service (Service).

Your access to the Web Site is subject to these Terms and the My Garden Pal Privacy Policy (Privacy Policy). Upon completion of online registration as a user of the Web Site by you, you agree to be subject to the Privacy Policy and to these Terms. By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept the Terms and the Privacy Policy and agree to abide by both the Terms and the Privacy Policy. If you do not agree to the Terms and the Privacy Policy, you must not use or access the Web Site or the Service.

These Terms relate solely to the Web Site and the Service only and do not govern other activities or conduct via the My Garden Pal web site at www.mygardenpal.com.au generally.

  1. Use of the Web Site
    1. The Web Site is operated by My Garden Pal. You are permitted to use the Web Site for the sole purpose of facilitating your access to the Service.
  2. Changes to Terms
    1. My Garden Pal reserves the right to change these Terms at any time and will post a notice on the Web Site giving notice of that change for a period of 30 days. Any subsequent access to, or use of the Web Site will constitute an acceptance of those modifications.
  3. Change of Functionality
    1. My Garden Pal reserves the right to change the functionality of the Web Site at any time without prior written notification, except where the change relates to any fee for the use of the Web Site.
  4. Registration
    1. The full functionality of the Service can only be accessed after completion of the online registration as a user of the Web Site. My Garden Pal reserves the right to deny access or refuse registration to any party at its absolute discretion.
    2. Registration entitles you to create one user profile only. Multiple profiles are not allowed.
    3. My Garden Pal operates the Service for adults only. Accordingly, you must be at least 18 years old to become a registered user If you are under 18 years of age, My Garden Pal will refuse your registration.

  1. Passwords
    1. My Garden Pal has put in place certain security systems on the Web Site, but does not warrant or represent that the Web Site or the information contained on the Web Site will not be subject to unauthorised access.
    2. By using the Web Site, you are responsible for maintaining the confidentiality of your My Garden Pal alias and password and for restricting access to your computer. You agree to be liable if your My Garden Pal alias or password is used by an unauthorised person. You agree to release and indemnify My Garden Pal in relation to any actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against My Garden Pal or which My Garden Pal must pay, sustain or incur as a direct or indirect result of the use (whether authorised or unauthorised) of your My Garden Pal alias or password.
    3. If you believe your My Garden Pal alias or password has been compromised, lost or misplaced, please contact us at: help@mygardenpal.com.au
    4. You should exercise particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
  2. Access
    1. My Garden Pal does not warrant that you will have continuous access to the Web Site. My Garden Pal will not be liable in the event that the Web Site is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
    2. My Garden Pal reserves the right to amend the information provided on the Web Site and to limit access or cease providing information on the Web Site.
    3. My Garden Pal does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including electronic email) are vulnerable to interception by third parties and My Garden Pal does not guarantee the security of these communications or the security of the Web Site.
  3. Fees
    1. Fees which are set out on the Web Site are payable to access and to use the Web Site. If you purchase our "My Garden Pal Desktop" Software, you will receive an initial 3 months free access to the Web Site.
  4. Denial of access
    1. My Garden Pal reserves the right at any time to:
      1. deny all or part of your access to the Web Site or the Service where you fail to keep your My Garden Pal alias or password secure, or in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these Terms;
      2. block your account, hide your profile, delete prohibited Content (including all or part of your profile);
      3. deactivate your account where you have not used the Service for a period of 6 months or more (as calculated by the date of last connection to the Service); or
      4. otherwise to suspend your access to the Web Site or the Service for any reason, without being obliged to give you a reason.

  1. Term and termination
    1. These Terms commence on completion of your online registration as a registered user of the Web Site and will continue until your registration is terminated by either My Garden Pal or you.
    2. You may terminate your registration at any time, for any reason. This may be done online by selecting "terminate account" within your account settings, emailing us at: contactus@mygardenpal.com.au or by contacting us by mail at My Garden Pal Level 1, 1 Queens Road, Melbourne Vic 3004.
    3. My Garden Pal may terminate your registration for any reason (including for breach of the Terms or Privacy Policy) at any time immediately by notice in writing to you. If My Garden Pal terminates your registration because of a breach by you, you are not entitled to a refund of any payments made by you (if any).
  2. Licence and Web Site access
    1. My Garden Pal grants you a limited licence to access and make personal use of this Web Site for the purpose of providing gardening advice, to provide communication with other gardeners and share information but not to download or modify it, or any portion of it, except with the express written consent of My Garden Pal.
    2. This licence does not include any commercial use of this Web Site or its Content, including but not limited to collecting user names and/or email addresses or sending unsolicited emails. The licence expressly excludes:
      1. use by businesses, groups, organisations and companies; or
      2. using the Web Site to advertise or solicit other users to buy, sell or hire any products or services.
    3. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of My Garden Pal.

    1. You are not permitted to link to or frame the Web Site without My Garden Pal's express written permission. Further, you must not utilise framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout of form of My Garden Pal without our express written consent
    2. You may not use any robot, spider or other device or process to retrieve, index or in any way reproduce or circumvent the navigational structure or presentation of the Service or the Content.
    3. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Web Site or the Service or any software used on or for the Service or cause others to do so.
  1. Intellectual Property
    1. For the purposes of these Terms, the term "Intellectual Property Rights" means all rights in respect of registered and unregistered copyright, patents, designs, trade marks, confidential information and circuit layout rights.
    2. You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Web Site or the Service.
    3. If you become aware of any infringements or suspected infringements by any third party of any Intellectual Property Rights in the Web Site or the Service, you must immediately notify My Garden Pal.
    4. If you post or submit any information, content, comment, emails, photos, profiles or other material (Content) and unless My Garden Pal indicates otherwise, you grant to My Garden Pal a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Content throughout the world in any media. You grant to My Garden Pal the right to use the Content as My Garden Pal chooses. You represent and warrant that you own or otherwise control all of the rights to the Content that you post, that the Content is accurate, that the use of the Content you supply does not violate this policy and will not cause injury to any person. You agree to indemnify and keep indemnified My Garden Pal against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against My Garden Pal or which My Garden Pal must pay, sustain or incur as a direct or indirect result of the Content you supply.

My Garden Pal respects the Intellectual Property Rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at: legals@mygardenpal.com.au

  1. Content
    1. You may post Content so long as the Content is not:
      1. illegal, offensive, racist, obscene, objectionable, threatening, defamatory, invasive of privacy;
      2. false and/or misleading;
      3. sexually explicit or contains sexual references or innuendo;
      4. infringing any Intellectual Property Rights;
      5. injurious to third parties;
      6. information about or promotes illegal activities or conduct;
      7. composed of a profile or photograph of any third person used without his or her permission or photographs of people under 18 years of age (even if they are your children);
      8. consisting of or containing software viruses;
      9. used for political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam"; or
      10. impersonating any person or otherwise misleading as to the origin of any Content.
    2. Unless otherwise requested, you should not provide through the Web Site any telephone number, street address, last name, URL or email address.
    3. In addition to clause 11.3, You agree to be solely responsible for the Content that you post or Content that you transmit to users of the Service. You warrant and represent that your Content will not violate these Terms or the Privacy Policy.
    4. My Garden Pal has the right but not the obligation to monitor, review and edit or remove any Content that we judge to violate these Terms or the Privacy Policy or judge as offensive, illegal or that might otherwise harm, endanger or violate the rights of registered users. My Garden Pal takes no responsibility and assumes no liability for any Content posted by you or any third party.
  2. Disputes
    1. My Garden Pal reserves the right but has no obligation to monitor disputes between you and other registered users.
    2. In the event that you have a claim or action against a user arising from that user's use of the Web Site or the Service, you agree to pursue such claim or action independently of and without any demands from My Garden Pal, and you release My Garden Pal from all claims, liability and damages arising from or in any way connected to the claim or action.
  3. Privacy
    1. For details of My Garden Pal's privacy policy in relation to this Web Site and the Service, please refer to the My Garden Pal Privacy Policy. You acknowledge receiving and reading a copy of the Privacy Policy, which may be viewed on the Web Site at www.mygardenpal.com.au.

  1. Indemnity
    1. You agree to indemnify and keep indemnified My Garden Pal against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against My Garden Pal or which My Garden Pal must pay, sustain or incur as a direct or indirect result of your use of the Web Site or the Service.
    2. You agree to give full cooperation and provide My Garden Pal with reasonable assistance in conducting the defence of such a claim.
  2. Disclaimer of warranties
    1. Although reasonable efforts are made by My Garden Pal to ensure the integrity of the Web Site by using virus checking software, My Garden Pal cannot guarantee the safety of your computer systems. My Garden Pal does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Web Site.
    2. My Garden Pal makes no representations or warranties of any kind, express or implied as to the operation of this Web Site, the Content or the conduct of the users (whether offline or online). My Garden Pal may, but is not obliged to undertake a vetting process in relation to users and/or user’s profiles. You expressly agree that your use of this Web Site is at your sole risk.
  3. Limitation of liability
    1. You confirm that you have not relied on any representation, description, illustration or specification which is not expressly stated in these Terms.
    2. To the fullest extent permissible by applicable law, My Garden Pal disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. My Garden Pal will not be liable for any damages of any kind arising from the use of this Web Site or the Service.
    3. The maximum aggregate liability of My Garden Pal for all proven losses, damages and claims arising out of this Agreement, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited for an aggregate of all claims to the amount paid by you (if any) for the Service.
    4. Where My Garden Pal's liability cannot be excluded under any law, My Garden Pal's liability will be limited to, at its discretion, either re-supplying the Service to you or paying you the cost of re-supplying the Service to you.
    5. Despite any other clause, My Garden Pal is not liable to you or to any other person for:

      (a) any losses or damages of any kind caused by or resulting from any wrongful, wilful or negligent act or omission by you; or

      (b) any direct or indirect lost profit or revenue, exemplary damages, deletion or corruption of electronically or digitally stored information, or without limiting the foregoing, any indirect or consequential loss or damage howsoever described or claimed.

    1. Nothing in this clause limits a party's liability with respect to damages for:

      (a) personal injury, including sickness and death; or

      (b) damage to any real property or chattels.

  1. Jurisdiction
    1. This Agreement will governed by the law of the State of Victoria, Australia, and any dispute arising out of this Agreement or the use of the Web Site or the Service will be determined by the courts of that State and their appellate courts.

 

 

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