Terms & Conditions
1. INTRODUCTION
This website www.poweredbyflowers.com.au (Website), is owned, operated and maintained by Botanical Resources Australia (BRA). BRA provides information regarding the products and services it provides, including details of third party products which contain the active ingredient (syn. constituent), pyrethrins extracted from Australian grown pyrethrum daisies, marketed under the trade name Australian Natural Pyrethrins (the Services).
By accessing, and/or using the Website, or using the Services, you agree to be bound by these Terms and Conditions of Use.
BRA may, in its sole discretion, modify, vary, amend or revise these Terms and Conditions of Use (including, without limitation, any Services provided under these Terms and Conditions of Use) at any time, and you agree to be bound by those varied Terms and Conditions of Use.
In these Terms and Conditions of Use:
Content includes graphics, photos, text, videos and other information appearing on the Website;
Intellectual Property Rights means copyright, patents, trade marks, designs and other statutory rights and all common law or equitable rights protecting business or personal reputation; and,
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
2. WEBSITE AND SERVICES
2.1 Use of Website and Services
You must not, and must not attempt to:
(a) use the Website for any purpose other than for the purpose of obtaining information contained on it;
(b) use the Website or the Services in any way that causes, or is likely to cause the Website or access to it to be interrupted, damaged, rendered less efficient or in a way that impairs the effectiveness or functionality of the Website;
(c) authorise any other person to do any act which would, if that act were to be done by you, infringe any Intellectual Property Rights of us, our licensors or third parties;
(d) reverse engineer, decompile, disassemble, modify, translate, or otherwise uncover the source code of any software forming part of the Website;
(e) capture or copy any software on the Website for any reason whatsoever (temporary copies for facilitating a technical computing process excepted);
(f) hack, infiltrate or otherwise do any thing which may compromise the Website;
(g) cause us to lose (in whole or in part) the services of our internet service providers (ISPs) or other suppliers;
(h) introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
(i) prevent or restrict us from complying with any applicable law, industry code or Court order;
(j) use the Website or any of the Services for any improper or unlawful purpose;
(k) use the Website or any of the Services to provide, to aid, abet, procure, counsel or assist another person to provide, or to encourage, solicit or entice the provision of, any services of a sexual nature for monetary or non-monetary consideration;
(l) use the Website or any of the Services to create, host or transmit any defamatory, offensive or obscene material or engage in activities which would cause offence to, insult, humiliate or intimidate others on the grounds of race, religion, creed or sex;
(m) use the Website or any of the Services to harm, or attempt to harm, persons (including persons under the age of 18 years) in any way;
(n) use the Website or any of the Services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
(o) use the Website or any of the Services to create, host or transmit material which infringes the Intellectual Property Rights (including without restriction copyright, trade mark, patent, trade secret or other intellectual property rights) of any other party;
(p) use the Website or any of the Services to create, host or transmit unsolicited advertising material to other users;
(q) use the Website or any of the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
(r) use the Website or any of the Services for any activity which adversely affects the ability of other people or systems to use the Website or any of the Services, or the Internet generally, including the uploading of files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
(s) at any time while you are using the Website or any of the Services, impersonate any person or entity or use or provide a false name or a name that you are not authorised to use.
2.2 No advice
From time to time, BRA will make available on the Website articles and other material setting out information relevant to Australian Natural Pyrethrins and products manufactured by third parties containing Australian Natural Pyrethrins. This information is provided in good faith but, subject to clause 4.2, without any warranty as to reliability or completeness. Particularly in relation to third party products referred to on the Website, You must make Your own enquiries as to suitability for Your purposes.
2.3 No endorsement
BRA does not endorse any third party product which is referred to on the Website.
2.4 Release
Subject to clause 4.2, You forever release BRA, and its directors, officers, employees, agents and contractors, for any and all claims, rights, demands, actions or suits which you have, may have or would have had, in connection with any third party product referred to on the Website or which contains Australian Natural Pyrethrins or Your use of such a product and whether that claim arises in contract, tort (including, without limitation, negligence), under statute or otherwise.
3. INTELLECTUAL PROPERTY RIGHTS IN WEBSITE
(a) You acknowledge and agree that all rights in the Website and all material comprised in the Website are owned by BRA or the supplier of the relevant material.
(b) You acknowledge and agree that You are permitted to use the Website Content only as set out in these Terms and Conditions of Use or as otherwise expressly authorised in writing by BRA, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of the Content.
LIMITATION OF LIABILITY
4.1 Website and Services
Use of the Website and the Services are at your own risk. BRA makes no representation, and gives no warranty or guarantee (to the extent permitted by law), as to the Content generally and in particular, without limitation, the suitability of the Content for Your purposes or the suitability, quality or attributes of any third party goods referred to on the Website.
4.2 Competition and Consumer Act
If the Competition and Consumer Act 2010 (Cth) or any other Act (including, without limitation, equivalent country, state or territory legislation) implies into these Terms and Conditions of Use any term, or otherwise provides that any guarantee applies in relation to the services supplied under or in connection with these Terms and Conditions of Use, which, or the effect of which, cannot be excluded or modified, and if BRA breaches such term, condition, warranty or guarantee, then BRA’ liability (if permitted by the relevant Act) is limited, at BRA’ election, to the re-supplying of the relevant services, a refund of the cost of having those services supplied or payment of the cost of having the services re-supplied.
4.3 Limitation
Subject to clause 4.2 above, and to the extent permitted by law, BRA shall not have any liability whatsoever (whether in contract, tort including negligence, pursuant to statute or otherwise) to you for any direct or indirect loss or damage of whatsoever kind you suffer or incur as a result of, or in any way in connection with, your use of the Website or the Services.
5. INDEMNITY
You indemnify BRA and its directors, officers, employees, agents and contractors, and agree to keep each of them fully indemnified, from and against any loss, claim or damages (including, without limitation, any costs (including legal costs) on a full indemnity basis) suffered, incurred or brought against any one or more of them by a third party as a result of any breach by you of these Terms and Conditions of Use or arising out of any use by You of the Website or the Services, including but not limited to the following circumstances:
(a) any loss, claim or damages suffered or made by any third party arising out of or in relation to any information, material or Content;
(b) any loss, claim or damages suffered by a third party as a result of any infringement of any rights of a third party including, without limitation, Intellectual Property Rights in any information, material or Content;
(c) any loss, claim or damages suffered by a third party as a result of any act or default committed by You and which is directly or indirectly related to any information, material or Content or Your use of the Website;
(d) any loss, claim or damages suffered or alleged by a third party as a result (direct, indirect or otherwise) of any act, omission, failure or default by you or by anyone for whom you are legally responsible (vicariously or otherwise) in any way connected with Your access to the Website or use of any of the Services; or
(e) any loss, claim or damages suffered or alleged as a result (direct, indirect or otherwise) or any use of the goods of a third party referred to on the Website or which contains Australian Natural Pyrethrins.
6. THIRD PARTY SITES
This Website may contain links to other web sites or resources operated by parties other than BRA. References to any products, services, processes, trade names, trade marks, or other information of third parties does not imply or constitute an endorsement, sponsorship, association with or recommendation by BRA. Links to third party sites not operated by BRA are provided to you for your convenience and/or reference only. You acknowledge and agree that BRA does not control such sites and BRA is not responsible for the content on those sites or the privacy of other practices of such sites. You further acknowledge and agree that BRA shall not be responsible or liable, directly or indirectly, for any damage, loss or cost whatsoever caused or alleged to be caused by or in connection with use of or reliance on any such sites or the contents, goods or services available on or through any such site or which may be provided by the operators of those sites.
7. GENERAL
7.1 Relationship
Neither these Terms and Conditions of Use nor use of the Website and/or the Services create any partnership, joint venture or agency relationship between BRA and users.
7.2 Entire Assignment
These Terms and Conditions of Use constitute the entire agreement and understanding between Us with respect to its subject matter and supersede all prior terms, undertakings, or representations between Us concerning such subject matter.
7.3 Severability
If any provision of these Terms and Conditions of Use is void, voidable, unenforceable or illegal, that provision will be read down so as to be valid and enforceable or, alternatively, will be severed from these Terms and Conditions of Use. The severance of any provision in accordance with this clause will not affect the validity or effectiveness of the remaining provisions of these Terms and Conditions of Use.
7.4 Governing law
The interpretation, construction and effect of these Terms and Conditions of Use shall be governed and construed in all respects in accordance with the laws of the State of Tasmania, Australia and the parties submit to the jurisdiction of the Courts exercising jurisdiction in that State.