Agreement between User and Heritage Roses in Australia Inc.
This website
http://heritage.rose.org.au (Website) is hosted on a server in the state of Western Australia, Australia and is operated by Heritage Roses in Australia Inc.
The Heritage Roses in Australia Inc. website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Heritage Roses in Australia Inc. website constitutes your agreement to all such terms, conditions, and notices.
Acceptance of Terms and Conditions Your access and use of the Website is conditional upon your acceptance and compliance with these terms and conditions (Terms of Use).
Heritage Roses in Australia Inc. may amend the Terms of Use from time to time and without notice. By continuing to use the Website you accept and are bound by the Terms of Use as they apply from time to time.
Modification of these Terms of Use
Heritage Roses in Australia Inc. reserves the right to change the terms, conditions, and notices under which the Heritage Roses in Australia Inc. website is offered, including but not limited to the charges associated with the use of the Heritage Roses in Australia Inc. website.
Links to Third Party Sites
The Heritage Roses in Australia Inc. website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Heritage Roses in Australia Inc. and Heritage Roses in Australia Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Heritage Roses in Australia Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site. Heritage Roses in Australia Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Heritage Roses in Australia Inc. of the site or any association with its operators. You must not create or maintain any link from another website to this Website without the written consent of Heritage Roses in Australia Inc..
Material on the Website The material on the Website, including all text, graphics, images and other material (Material) is provided by Heritage Roses in Australia Inc. for general guidance and is intended to offer the user general information of interest only. The Material is not legal, financial or other professional advice and should not be relied on as a substitute for such advice. Neither the transmission of Material on the Website nor your receipt of any material is intended to create any professional or fiduciary relationship between you and Heritage Roses in Australia Inc..
Heritage Roses in Australia Inc. makes no warranties or representations regarding the quality, accuracy, completeness, merchantability or fitness for purpose of any of the Material. We endeavour to take care in compiling the Material, however the Material may contain inaccuracies, errors or omissions. Any use and/or reliance on the Material is at your own risk.
It is your responsibility to carry out an appropriate virus check to ensure that the Website and the Material is free from viruses and other harmful code before using and/or accessing the Website and any Material.
Restrictions on Use
You may only access, use and/or print the Material for non-commercial or personal uses provided that any copyright notice on such page is not removed. All other use, copying, reproduction, republication, uploading, transmission, distribution and/or modification of the Material is prohibited unless provided for in the Terms of Use or on the Website or expressly authorised in writing by Heritage Roses in Australia Inc. or as permitted by applicable copyright legislation.
No Unlawful or Prohibited Use
As a condition of your use of the Heritage Roses in Australia Inc. website, you warrant to Heritage Roses in Australia Inc. that you will not use the Heritage Roses in Australia Inc. website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Heritage Roses in Australia Inc. website in any manner which could damage, disable, overburden, or impair the Heritage Roses in Australia Inc. website or interfere with any other party\'s use and enjoyment of the Heritage Roses in Australia Inc. website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Heritage Roses in Australia Inc. websites.
Copyright and Trademarks
Unless otherwise indicated, copyright subsisting in the Material is owned or licensed by Heritage Roses in Australia Inc. Unless expressly stated, you may not, in any form or by any means copy, reproduce, adapt, store in a retrieval system, transmit, print, publish or create derivative works from any part of the Material or cause any of the Material to be framed or embedded in another website without the express written permission of Heritage Roses in Australia Inc. or as permitted by applicable copyright legislation.
All names, logos and trademarks are owned by Heritage Roses in Australia Inc. or the third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights or any license to use or distribute any names, logos or trademarks, without express written authorisation of Heritage Roses in Australia Inc. or the relevant third parties.
Indemnification and Release You agree to release, indemnify and hold Heritage Roses in Australia Inc. harmless from and against any and all claims, damages, costs and expenses incurred or suffered by Heritage Roses in Australia Inc. arising from or in any way related to your use of the Site and you agree to pay all solicitors incurred fees. You also agree to release Heritage Roses in Australia Inc. in the event of any virus or disabling feature entering your computer system which results in loss or damage.
Privacy
This Website does not use “cookies” nor does it collect personal information from people who use the Website. Our Internet server may record details about any computer used to access the Website (e.g., the domain from which you access the Internet, the date, time and duration of visits and the Internet address of the website from which you linked to this Website) and details of the information downloaded. The information we collect is used for internal statistical purposes and to improve this Website.
Client Information Policy
Heritage Roses in Australia Inc. recognises that it must maintain and use customer information responsibly. The information collected by Heritage Roses in Australia Inc. is used to help us respond to client inquiries and also helps in determining what services are relevant to our clients so we can better market our Site. We may also use customer information/feedback for marketing and promotional purposes.
Heritage Roses in Australia Inc. strives to protect your personal information to the best of its ability.
Australian Dollars and GST All prices are expressed in Australian dollars and are subject to 10% GST (goods & services tax) unless otherwise stated.
Pricing While we shall endeavour to keep pricing current at all times, pricing may be subject to change without notice.
Virus Warning
Heritage Roses in Australia Inc. does not represent that any information (including any file) obtained from or though this Site is free from any computer viruses or other faults or defects and it is your responsibility to scan any such information for computer viruses. Heritage Roses in Australia Inc. will not be liable to you or to any other person for any loss and damage (whether direct, indirect, consequential or economic) however caused whether by negligence or otherwise, which may result directly or indirectly from any such information or the provision thereof. To the extent that any applicable law that cannot be excluded imposes any liability on Heritage Roses in Australia Inc., that liability shall be limited to the cost of resupplying that information.
Liability Disclaimer
The information, software, products, and services included in or available through the Heritage Roses in Australia Inc. web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Heritage Roses in Australia Inc. and/or its suppliers may make improvements and/or changes in the Heritage Roses in Australia Inc. website at any time. Advice received via the Heritage Roses in Australia Inc. website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Heritage Roses in Australia Inc. and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Heritage Roses in Australia Inc. website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Heritage Roses in Australia Inc. and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Heritage Roses in Australia Inc. and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Heritage Roses in Australia Inc. website, with the delay or inability to use the Heritage Roses in Australia Inc. website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Heritage Roses in Australia Inc. website, or otherwise arising out of the use of the Heritage Roses in Australia Inc. website, whether based on contract, tort, negligence, strict liability or otherwise, even if Heritage Roses in Australia Inc. or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Heritage Roses in Australia Inc. website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Heritage Roses in Australia Inc. website.
General
The Terms of Use are governed by and will be construed according to the laws of Victoria, Australia.
If you have any questions about the use of this Website, please contact a
committee member© Heritage Roses in Australia Inc. 2007.