This website is operated by Virginia Nursery Pty Ltd (ABN 95076613664). It is available at: www.virginianursery.com.au and may be available through other addresses or channels. In this policy, “we”, “us” or “our” is in reference to ‘Virginia Nursery Pty Ltd.’
Variations: We may, at any time and at our discretion, vary these terms by publishing the varied terms on our Site. We recommend you check our site regularly to ensure that you are aware of our current terms. Materials and information (content) on this site are subject to change without notice. We are not liable if any content is inaccurate or out-of-date.
Licence to use our site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our site in accordance with these Terms and Conditions. All other uses are prohibited without our prior written consent.
Prohibited conduct: You must not do or attempt to do anything that is: unlawful; prohibited by any laws applicable to our site which we would consider inappropriate; or which might bring us or our site into disrepute, including (without limitation):
Exclusion of competitors: You are prohibited from using our site, including the content, in any way that competes with our business.
No commercial use: Our site is for personal, non-commercial use only. You must not use our site, or any of the content, for commercial purposes, including any advertising or advertising revenue generating activity on your own website or any other platform, without obtaining permission to do so from us.
Information: The content is not comprehensive and is for general purpose only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the content, we make no representation or warranty in relation to it to the maximum extent permitted by law.
Online Purchasing: You are obliged to have read and agreed to the terms and conditions of the purchase in our Trading Terms, Website Usage and Privacy Policies. We maintain the right to refuse, reject or change an order for any reason, including if there is a security concern, the purchase does not conform to this policy, or if the product is not available. In making an online purchase, you accept the risk of a temporary or unforeseen stock unavailability and understand that a substitution or credit may apply. The resale of any product to a third party or wholesale trade is strictly prohibited.
Pricing: In-store and online pricing may differ, and we maintain the right to make changes at any point in time.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) on our site and all of the content. Your use of our site and access to any content does not grant or transfer to you any rights, title or interest in relation to our site or the content. You must not:
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our site. By making available any User Content on or through our site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, licence, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third party sites: Our site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our site or the content, including (without limitation) that:
You read, use and act on our site and the content at your own risk.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (liability) suffered by you or any third party, arising from or in connection with your use of our Site, online purchasing, delivery and/or the Content and/or any inaccessibility of, interruption to or outage of our site and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out-of-date.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our site and these Terms are governed by the laws of South Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in South Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our site may be accessed throughout Australia and overseas. We make no representation that our site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our site.
Address: 99 Gawler Road, Virginia SA 5120
Phone: (08) 8307 6800
Fax: (08) 8307 6880