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Website Terms Of Use

Welcome to Sydney Floral Events

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website (including any desktop and mobile versions of it) and the e-commerce transactions that may be made through Our website.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e those in the left hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Please see the Dictionary at clause 18 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

Operative Provisions

Summary
  1. Acceptance and modification of these Terms of Use
    1. You may only access, browse and use our Website (including any desktop and mobile versions of it) and purchase goods and services that We make available through Our website if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use .
    2. We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use from time to time without notice.
    3. We will always upload the latest version of these Terms of Use to this webpage.
    4. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.
    5. Your purchase of goods  from Us will be subject to the Australian Consumer Law where applicable. The Australian Consumer Law provides 'consumers' (as defined by the Australian Consumer Law) with certain rights that cannot be excluded. The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited by law from being excluded.

By using Our website, You agree to Our Terms of Use.

 

We may change Our Terms of Use at any time.

 
  1. Orders
    1. Our Website allows You to purchase goodsfrom Us.
    2. You cannot use Our Website to place Orders for someone else. If You want to place an Order for delivery of goodsto someone else, You must obtain their prior written consent to  the provision of their Personal Information to Us to the extent necessary for Us to deliver or arrange delivery of the Order to them.  
    3. The pictures and images of the goods that We sell through Our Website are for illustrative purposes only. The goods that are delivered may vary slightly from those pictures and images.
    4. The prices for the goodsthat can be purchased through Our Website areset out on Our Website, include any applicable GST, and are subject to change from time to time without notice.
    5. Any orders that You place on Our Website for goodsare subject to Our approval. This means that if You place an Order, We will have no contractual obligation to deliver the goodsthe subject of any Order until and unless We accept the Order in writing. You will know if We have accepted the Order if We send You an email accepting Your order. If We send You such an email, a contract will be deemed to have been formed between You and Us for the delivery of thegoods the subject of the Order.
    6. If We do not accept Your Order, We will inform you accordingly by email and will not charge You for the goodsthe subject of the Order. If You have already paid us for the Order, We will promptly refund the amount paid into Your nominated Australian bank account.  Sometimes we cannot accept an Order for products that are out of stock, where We identify an error in the price or description of a product and for other reasons.
    7. Once You place an Order on Our Website, We will assign an order number to You which uniquely identifies the Order. Please quote the order number whenever You contact Us about Your order.
    8. Our website can be used solely for the delivery of goodsto customers located in Australia. Unfortunately we do not acceptOrders for goods or services for delivery to addresses outside Australia.  
    9. We are not required to deliver any goodsto You until We receive full payment for them.
    10. Payment must be made for any Order placed by one of the payment methods specified on Our Website.

 

Our website includes e-commerce functionality that allows you to place orders through the website for our products.

  1. Payment Gateway
    1. We utilise a third party payment gateway provided by Paypal ("Payment Gateway") to process payments made to Us via the Website.
    2. Each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:
      1. that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway's software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;
      2. that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;
      3. that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and
      4. acknowledged, understood and agreed to comply with any applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the "Payment Gateway Agreement"), copies of which are available on the Payment Gateway provider website at https://www.paypal.com/au/webapps/mpp/home.
    3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.

We don't control the payment gateway used on the website and we are not responsible for it or its security practices.

 
  1. Order changes and cancellations
    1. If You would like to cancel or make a change to any Order that You have placed with Us through the Website, please contact Us. If You wish to cancel an Order, We will let you know if We agree to the Order being cancelled. If You wish to make any change to an Order, We will let you know if We agree to make the change to the Order, and if so, any relevant change to the price, delivery dates and anything else which becomes necessary as a result of the change. We are not obliged to accept any request to cancel an Order or for a change to an Order in any circumstances except where We do not deliver the Order to You within 30 days from the date of Your Order – in which case You can cancel the Order by sending an email to Us confirming Your cancellation of the Order.
    2. As discussed above, We reserve the right to accept or reject Orders in our absolute discretion. However, once We accept an Order, We will not change or cancel the Order without your approval unless  any goods that You Order are unavailable from Our suppliers or cannot be delivered by Our suppliers within a reasonable period of time that will allow Us to deliver the goods to You within 30 days of the date of Your Order.
    3. For any Order that is cancelled in accordance with these Terms of Use, We will promptly issue a refund to You. by paying the price that You paid for the Order into your nominated Australian bank account.

Orders can only be changed and cancelled under certain circumstances.
  1. Delivery of goods
    1. Our delivery charges for the delivery of Our goods to You are as specified on Our Website.
    2. Where We accept an Order that You place on Our Website, We will use Our best endeavours to deliver the goods the subject of the Order as soon reasonably possible, and in any event within 30 days from the date that You place your Order.
    3. Orders for goods are delivered by third parties and may be subject to delays outside of Our control. If an Order for goods is not delivered to You within 30 days from the date that You placed Your Order, please contact Us so that We can find out what has happened to Your Order.  

 

You can exchange goods you purchase through our website in certain circumstances.
  1. Warranties – Australian Consumer Law
    1. Any goods and services supplied by Us through the Website (which for the avoidance of doubt, does not include goods or services supplied by any user of the Website to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a 'consumer' of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
    2. Where You are a 'consumer' for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
    3. If any goods or services supplied by Us to You through the Website (which for the avoidance of doubt, does not include goods or services supplied by any user of the Website to any person) are supplied to You in Your capacity as a 'consumer' of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:
      1. if the breach relates to goods:
        1. the replacement of the goods or the supply of equivalent goods;
        2. the repair of such goods;
        3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
        4. the payment of the cost of having the goods repaired; and
      2. if the breach relates to services:
        1. the supplying of the services again; or
        2. the payment of the cost of having the services supplied again.
    4. Any warranty against defects provided by Us to You in Your capacity as a 'consumer' under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.
    5. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.   
    6. If any goods that We supply to You come with a manufacturer's warranty, the manufacturer's warranty is in addition to any rights and remedies that you may have, including any Non-Excludable Guarantees.

 

You have rights under the Australian Consumer Law that may govern our commercial relationship with you.
  1. Availability of Website
    1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
    2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.

 

Our website might go offline from time to time.
  1. Website usage restrictions
    1. You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:
      1. copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
      2. do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
      3. use the Website in any way that infringes Our rights or the rights of any third party;
      4. use the Website to create any product or service that competes with the Website; or
      5. take any steps to circumvent any technological protection measure or security measures in the Website.
    2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
    3. You must not use the Website or any part of the Website in breach of these Terms of Use.

We own the website and all IP in the website. You cannot infringe our IP rights. You must comply with all applicable laws.

 
  1. Acceptable Use Policy
    1. You agree that:
      1. using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;
      2. using the Website in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;
      3. using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of "pirated" software or otherwise, is strictly prohibited by these Terms of Use;
      4. introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;
      5. using the Website to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;
      6. using the Website to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, "security breaches" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
      7. using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;
      8. using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;
      9. using the Website to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;
      10. using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person's use of the Website is strictly prohibited by these Terms of Use;
      11. sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;
      12. using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and
      13. use of the Website in breach of any person's privacy (such as by way of identity theft or "phishing") is strictly prohibited by these Terms of Use.

You cannot use the website for any illegal purpose or to violate any person's legal rights.

 
  1. Intellectual Property Rights
    1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.
    2. As between You and Us, We own all Intellectual Property Rights in the Website.
    3. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.
    4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
    5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
    6. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.

We own the website and all IP in the website. We also own all improvement suggestions that you make regarding the website.

 
  1. Responsibility for other users
    1. We do not accept responsibility for the conduct of any users of Our Website.
    2. If You believe that another user of Our Website has breached these Terms of Use please contact Us.
    3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
    4. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website, any sales and marketing practices of any users of Our Website and in respect of any content uploaded by or on behalf of any user into the Website.

We cannot be held responsible for the conduct of Our users.

 
  1. Responsibility for third party claims
    1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
      1. Your use of the Website; and/or
      2. Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

We are not responsible for any claims made by third parties.

 
  1. Hyperlinks
    1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

We are not responsible for third party sites.
  1. Liability
    1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free.
    2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
    3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
    4. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to $ 100.00.

Our liability is limited in many ways.

 
  1. Termination
    1. We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice.
    2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
    3. Termination  of these Terms of Use and access to the Website does not affect any accrued rights of either party.

You and We can terminate your access to the website under certain conditions.

 
  1. Notices
    1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
    2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at htt by sending an email to us at $email_add or by writing to us at $postal_add.
    3. Any notice issued by hand shall be deemed delivered upon delivery.
    4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
    5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
    6. We may send You email or other electronic messages concerning the Website from time to time.  

 

Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

 
  1. General\

1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

We reserve our rights.

 

2. Amendment: These Terms of Use may be amended by Us at any time.

We can change these Terms of Use at any time.

 

3. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.

You cannot transfer your rights under these Terms of Use unless we approve the transfer. We can transfer our right and obligations at any time.

 

4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

If part of these Terms of Use are not legally binding, the rest still are.

 

5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

We are not partners, employers or employees of one another.

 

6. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.

These Terms of Use set out our entire agreement with you.

 

7. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in NSW. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in NSW.

Any legal action will be commenced in NSW.

 
  1. Dictionary and Interpretation provisions
    1. Definitions

In these Terms of Use:

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday – Friday excluding public holidays in NSW.

Business Hours means 9:00am – 5:00pm on Business Days.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.

Order means an order for goodsplaced by You on Our Website.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.

We, Our and Us means The Gifted Bunch [ABN 36766187201] of PO Box 497 Frenchs Forest NSW 1640.

Website means the The Gifted Bunch website owned and/or provided by Us, the homepage URL of which is http://www.thegiftedbunch.com.au and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.

You means you, the person who accesses the Website for any reason.

 

2. Interpretation

In these Terms of Use:

  1. Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
  2. A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party's legal representative prepared the provision.
  3. Currency refers to Australian dollars unless specified otherwise.
  4. A reference to a statute or regulation includes amendments thereto.
  5. A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.
  6. A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
  7. A reference to time is to time in NSW.
  8. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
  9. The words "includes", "including" and similar expressions are not words of limitation.

Capitalised terms are defined in this clause.

 

 

 

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