TERMS & CONDITIONS

The website at https://www.heritagefloralco.com and all associated digital platforms, social media accounts and mobile applications (together, Website) and the Website’s contents, products, materials and services (together, Website Services) are owned, operated and provided by NJR Studios as trustee for NJR Trust trading as Heritage Floral Co. ABN 88 929 005 615 (HFC, we, us or our). The term ‘you’ refers to any user or browser of the Website or purchaser of our Website Services.

The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Website Services.

It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Website Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Website Services (together, users).

You acknowledge and agree that the use of the Website and Website Services is at your own risk and that using the Website and Website Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Website Services may be terminated in accordance with the provisions below.

If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Website Services.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Website Services.

1. WEBSITE PERMITTED USE
HFC prohibits the use of the Website or any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and Website Services responsibly and to comply with any applicable laws and regulations. You agree you must not interfere with or disrupt the platforms, servers or networks connected to the Website. You agree you may not use the Website or Website Services for any purpose that is unlawful or to solicit the performance of any illegal activity or other conduct that infringes HFC’s rights or the rights of others.

You may not use the Website or Website Services, or any part of them, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) any content or additional information accessed or purchased through our Website Services, or any other communications provided by us for your personal use, or in a manner not permitted by the Terms and Conditions.

2. SERVICES
Our Website aims to offer and provide you with information about HFC's Website Services from time to time, including our online shop, as well as the floral design and installation, decoration and arrangement services we offer primarily for events and weddings in New South Wales, Australia (Services). HFC offers floral design, decoration and arrangement services which may include wedding and floral design consultations, customised mood boards and flower delivery, set up and dismantling services.

Details about the products we offer via our Website online shop, as well as information about how to contact us to make a booking for a consultation and find out more about our Services, are available on the Website.

The information, content and material contained in or made available through the Website and Website Services are provided for general information purposes only. None of the content on this Website represents or warrants that the Website Services or Services are appropriate or effective for you.

To the extent that we provide any explicit or implied recommendations of any Website Services or Services, such recommendations are only general and not specific to any situation. The information we provide is not intended to be a substitute for professional financial, legal or building and construction advice, nor do we claim to be an expert in any specific commercial field.

All information provided by us is provided in good faith, though we make no guarantees of any specific results or outcome from the use of the Website, Website Services or Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however, we do not make any representations or warranties that the information we provide is reliable, current or complete at all times. Your reliance on any of our Website Services or the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome or results.

Testimonials (visual and written) and any publicity materials displayed on our Website are examples of real experiences and opinions of people's experiences with us, our Website, Website Services and/or Services, and are for illustration only. All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results.

We may refer to third-party products, services, experts, and other third-party service providers on the Website. Any such reference is not intended as an endorsement or statement that the information provided by the third party is accurate. We make no warranties as to the suitability or reliability of third-party service providers nor give any guarantees as to the outcome or results of their products or services. It is your responsibility to conduct your own research and make your own determination about any such products, services, experts, and other service providers.

We may participate in affiliate marketing and may allow affiliate links to be included on our Website. This means that we may earn a commission if and when you click on or make purchases via affiliate links. We will inform you when one of the links on our Website is an affiliate link and will only affiliate with products, services, experts and other third-party service providers that we believe will provide value to our customers and followers. You recognise that it remains your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference or information provided by us and will conduct your own research and will rely upon your own research in deciding whether to purchase the affiliate product or service.

3. ENQUIRIES, REGISTRATION AND SUBSCRIPTION
By making an enquiry via the form on our Website, sending us an email, using any current or future messaging service or online booking system on our Website, or subscribing to any current or future newsletter or blog on our Website, purchasing our Website Services or Services, you will be added to our email list. If you do not want to remain on our database you can follow the instructions on the form to update your subscription or data preferences or unsubscribe from our email communications or email us at any time at hello@heritagefloralco.com.

You agree that all information you provide to us through the Website and to us directly will be true, accurate, current and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Website Services. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

If we offer account registrations and you register an account with us via our Website, you are responsible for maintaining the confidentiality of your account details and password and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security.

If account registrations are available on our Website, HFC will keep your registration information on a secure server. We will use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and Website Services to you, to administer our Website and to notify you of products or special offers that may be of interest to you. For more information, please refer to our Privacy Policy.

4. CONSULTATION BOOKINGS AND APPOINTMENTS
Information about how to make an appointment for a consultation with us, including our initial consultations are available on the Website.

You acknowledge and agree that all personal information which does or may identify you that you provide to us via the Website, by email, phone, in person or in any other way or for any other purpose, which may include, but is not limited to, your title, name, age, gender, address and telephone number (Personal Information), will be true, accurate, current and complete. You acknowledge and agree that HFC (and, if applicable, any relevant third party of our choosing) will collect your Personal Information for the purpose of booking a consultation and any Website Services, Services or information you may request. You acknowledge that if we cannot collect this and other Personal Information as requested, we will not be able to book your consultation appointment and may not be able to provide you with some or all of our Website Services or Services. For more information, please refer to our Privacy Policy.

Initial consultations will be subject to the applicable terms and conditions provided on our Website and/or otherwise advised at the time of booking.

Whilst HFC makes every effort to avoid clashes and/or cancel consultation appointments, we at our sole discretion, may cancel or reschedule appointments at any time and for any reason prior to the scheduled time.


5. CHANGES TO OUR SERVICES, PAYMENT AND PRICING
Our Website Services and, subject to any formal agreement we have with you, our Services may be subject to change without notice. We reserve the right at any time and without notice to modify or discontinue any Website Services and Services and we shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any Website Services or Services. Subject to law, we reserve the right to limit the sales of our Website Services and Services to any person, region or jurisdiction. All descriptions of our Website Services and Services and pricing on our Website are subject to change at any time without notice, at our sole discretion.

You must pay the fees as provided in this Website and/or at the rate and in the manner specified in any formal agreement we have with you and any invoice issued. HFC accepts no responsibility for bank transfers that are declined or not accepted due to disruptions with internet connections or problems with your provider.

Payments for Services must be made to our bank account by EFT direct deposit or as otherwise provided in any formal agreement with you within seven (7) days of the date of the invoice. Where payment is not received by the due date, we are entitled to suspend the provision of our Services and withhold any design material as security until all past due balances are paid, charge interest on outstanding amounts from the invoice due date until the date payment is made, and to charge administration fees and costs in accordance with the terms of our formal agreement. If payment is not made by the due date or within any additional rectification period, we may terminate our agreement subject to its terms, and you will not be entitled to any refund.

Transactions are processed in AUD figures. Fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds and/or delivery related to your purchase, are solely between you and that third party. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

6. ONLINE SHOP
Products

Our online shop includes the sale of A La Carte products, including but not limited to bouquets, centrepieces, buttonholes and pin corsages. Further details are available on the Website.

We endeavour to ensure that all products available via our online shop on our Website are accurately described. Where we offer products supplied by third-party suppliers, we rely on information provided to us by our suppliers. Unfortunately, on some occasions it is possible that our Website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order. As we offer products for sale made from natural or organic materials, there may be variations between the product image(s) and the product you receive. We endeavour to ensure that all colours are displayed accurately but you should be aware that colours may appear slightly differently on different electronic displays and screens. The shade or colour that may appear on one screen compared to another shall not be grounds for returning a product based on a fault or error. Furthermore, as natural items, there are natural variations in the size, colour, structure, and shape of our flowers.

To the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information or other content available or offered on our Website are accurate, complete, reliable, current or error-free, nor do we make any warranty about the standard or quality of any of the products offered via our Website.

On rare occasions, our suppliers may find themselves unable to deliver products to us or the products delivered may not be of sufficient quality. We reserve the right to withdraw any products from our Website at any time and/or remove or edit any materials or content on our Website. Whilst we will make our best efforts to process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from our Website, whether it has been sold or not, removing or editing any materials or contents on our Website, or for refusing to process or accept an order after we have sent you the order confirmation.

Care Instructions

You should expect your flowers to last for the duration of the wedding day. Once bouquets are removed from their water source their lifespan naturally deteriorates.

To help your flowers last as long as possible we recommend you:
(a) avoid touching the flower petals;
(b) ensure the water container is filled with fresh water;
(c) keep the flowers away from drafts and heat.

We are available via email to answer any of your concerns or questions regarding the care of your flowers.

Purchases

Prices quoted in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each product as set forth on the Website, including any merchant fees.

Refer to section 5 above for further information in relation to payment and pricing.

Gateways and Merchants

HFC uses payment-processing merchants. By purchasing via www.heritagefloralco.com, you agree to comply with the terms provided by the payment-processing merchant or payment platform. We (or our payment-processing merchant) may securely collect personal information obtained during your purchase or transaction for the products. You acknowledge that if we cannot collect this personal information and other personal information as requested, we will not be able to process your purchase and/or provide you with some or all of our Website Services. For more information, please refer to our Privacy Policy.

We reserve the right to change the preferred payment gateway from time to time and without notice.

Credit Cards, Chargebacks and Payment Security

We accept credit card payments for products sold in our online shop via our payment-processing merchant. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway unless it is caused by our fraud or negligence. To the extent that you provide us with your credit card(s) information for payment, we shall be authorised to charge your credit card(s) for any prior unpaid charges. You shall not make any chargebacks to our account or cancel the credit card that is provided as security, without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. HFC reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.
Shipping and Delivery

You acknowledge and agree that HFC uses third parties to ship and deliver products purchased via our online shop, and that we are not responsible for any shipping or delivery, including any late or failed deliveries. By purchasing products, you agree to review, accept and comply with the shipping terms provided by the third-party supplier and that your sole recourse of action for any issues with your delivery will be between you and the relevant supplier.

You understand that delivery times noted on your order confirmation or receipt or on the Website are guidelines only and HFC is not liable for delays or changes to the delivery times.
You are responsible for providing an accurate delivery address. HFC accepts no responsibility for delivery to an incorrect address. If we are unable to deliver to an incorrect or incomplete address and the order is returned to us, we can redeliver but the customer will incur an additional delivery charge as well as a product replacement fee for any perishable items, such as flowers, that need to be replenished.

Please refer to our Website or contact us at hello@heritagefloralco.com for questions about and details of delivery charges, including any entitlements to free delivery.
We encourage recipients to be available and ready for the arrival of their flowers. Upon arrival at the delivery address if the recipient is not available, we will leave the order on the doorstep (or safest place possible), ring the doorbell and send a confirmation text message to the recipient. For our records, we will take a picture of where the order was left. If we are unable to find a safe spot to leave the order or cannot access the premises, the customer will be contacted to provide a new delivery address and will incur an additional delivery charge.
If applicable, tracking details for orders will be emailed promptly after they become available.

Cancellations, Refunds and Returns

Heritage Floral Co. may, at its sole discretion, cancel your order for products at any time prior to dispatch. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable.

Cancellations must be made no later than 4 weeks prior to dispatch. Cancellations may be made by emailing us at hello@heritagefloralco.com. For products ordered within 4 weeks of dispatch, we are unable to provide a refund if you change your mind.

Due to the perishable nature of our products, we do not accept returns or exchanges for change of mind or if you cause the flowers to become damaged or fail to take reasonable steps to care for them, as recommended in our care instructions.


Faulty Products

All faulty products are eligible for return for a refund or credit note.

This does not include:
(a) normal wear and tear;
(b) damage arising from improper assembly or modification;
(c) damage arising from abnormal use or abuse;
(d) damage, wear and tear as a result of improper or lack of maintenance and/or care (e.g. failure to follow our recommended care instructions);
(e) damage to external or product packaging only;
(f) insignificant minor variations in dimensions, shape, structure and colour; and
(g) insignificant minor imperfections or superficial blemishes.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

If you believe your product is faulty, please contact us at 0424 083 834 quoting your order number and include a description and image/s of the fault. If we confirm the product is faulty, please return the product to our studio.


7. REVIEWS AND ONLINE COMMUNITY GUIDELINES
The Website and our other digital platforms, mobile applications and social media accounts (Communication Services) may allow you to post information, photos, content, user submissions and/or upload materials, including video and features such as live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website or is in any way connected with the Website.

Reviews

If you enter into a formal agreement with us for Services and the agreement is terminated for breach, you will be prohibited from publishing a review on any public forum and agree to raise any dispute and provide feedback directly with us. The dispute and/or feedback may be subject to obligations of confidentiality.

General community guidelines

It is essential to ensure that all our members of our community adhere to our community guidelines to maintain a safe and ethical online environment for all. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to a Communication Service. You agree you may not communicate any content or incite any behaviour that is offensive or directly attacks, intimidates or harasses someone based on religion or faith, race or ethnicity, nationality, sexual orientation, age, gender or gender identity or disability. You must not defame, stalk, bully, abuse, harass or intimidate anyone or restrict another user’s use and enjoyment of the community in any way. HFC prohibits negative, dishonest or misleading conduct of any kind that threatens the integrity or security of the community on our platform. You must not create or operate from a user account on social media or any other platform for anyone other than yourself. You must not pretend that you are or that you represent someone else or impersonate any other individual or entity for any purpose.

You acknowledge we have the right, but not the obligation, to monitor and review User-Generated Content, and from time to time, we may, at our sole discretion and without prior notice to you, remove or edit any of your User-Generated Content that we find you may not have the permission to post, is offensive or for any other reason. If it is found, or we have reasonable grounds to believe, that a member of the online community is threatening the safety of the community or has provided information that is not true, accurate, current and complete, we may suspend or terminate their access to the community, refuse future use of the Website Services and inform the relevant authorities where appropriate. You agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content. You acknowledge and agree that we do not authorise, condone or endorse any User-Generated Content, and are not responsible for the accuracy, legality or decency of such content. You are responsible for verifying the veracity of any claims or statements made in any User-Generated Content.

8. THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible for the information, services or resources of any third parties, nor do they imply any endorsement by, or affiliation with us. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. Unless otherwise stated, these Terms and Conditions only cover the use of this Website and our Website Services. Any other link will be covered by the terms and conditions of that website or resource, of which we are not responsible either directly or indirectly. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, services or resources.

9. MAINTENANCE
HFC is responsible for the support and maintenance of its Website only. We may, at any time and without notice, modify, suspend or terminate the operation of, or access to the Website, or any part of it, for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may make changes to the Website or Website Services provided through the Website. Access to the Website may depend on telecommunications, Internet service providers and other external factors, and therefore we do not guarantee the availability of the Website at all times or at any specific times.

10. PRIVACY AND SECURITY OF INFORMATION
Our Website and Website Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand and agree to our Privacy Policy as updated from time to time.

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us using the Website or Website Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

11. INTELLECTUAL PROPERTY AND COPYRIGHT NOTICE
You acknowledge and agree that the Website and the Website Services contain information, content and material that is owned by us, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth), whether existing under statute, at common law or in equity, now or hereafter in force.
You are prohibited from copying, distributing, sharing and/or transferring information, content and material from the Website or Website Services (and/or any associated usernames/passwords, if applicable) you purchased to any third party or person. In some cases, we may encrypt and/or stamp licence details (including customer name, address, etc.) to ensure additional safety.
HFC respects the intellectual property rights of others and warrants that all information and materials provided via the Website and Website Services is the original content of HFC, or is otherwise provided with the relevant owner’s or owners’ consent, and does not violate the intellectual property rights of any third parties. All references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to them or it.
These Terms and Conditions do not transfer any of our intellectual property rights to you or any third parties. You are granted no rights with respect to or license of our trademarks, service marks and logos, used in connection with the Website Services and Website. All intellectual property displayed on the Website has been provided, where applicable, with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights for the commercial use or distribution of any names, logos or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Website Services to determine if you are in breach of these Terms and Conditions. If you infringe our intellectual property rights or the rights of any third party, we have the right to suspend access to or terminate your use of the Website or Website Services, and to report you to the relevant authorities or take any actions as appropriate or necessary.

12. TERMINATION OF WEBSITE USE
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Website Services, effective immediately, with no liability to you or any third party for the following reasons:

(a) where you are in breach of any of the Terms and Conditions or any related policies;
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Website Services by the stipulated due date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or any government authority; or
(g) upon a request by you.
If you have entered into a formal agreement for our Services with us, please refer to the agreement in relation to our rights of termination of the Services and consequences of termination.

13. DISPUTES
In the event a dispute arises from, or in connection with, these Terms and Conditions, the party who claims that there is a dispute will give written notice to the other party, including details of the dispute and a proposed resolution. Within seven (7) days of receiving the notice, the parties will meet to resolve the dispute or if they are unable to do so they will agree upon another method to resolve the dispute in good faith. All aspects of such meetings, except the fact that the meeting was held, will be confidential and privileged. If the parties do not resolve the dispute or where the dispute remains unresolved following the meeting and the parties do not agree upon an alternative method to resolve the dispute, within twenty-one (21) days after receipt of the notice, the dispute may be referred by either party to litigation by notice in writing to the other party.

14. WARRANTIES AND LIABILITY
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS.

IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO, IN THE CASE OF GOODS, AT OUR OPTION, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED, AND, IN THE CASE OF WEBSITE SERVICES, AT OUR OPTION, THE SUPPLYING OF THE WEBSITE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE WEBSITE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE OR WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE AND/OR MAKE THE WEBSITE SERVICES UNAVAILABLE FOR INDEFINITE PERIODS, SUSPEND OR CANCEL THE WEBSITE SERVICES AT ANY TIME OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE WEBSITE AND WEBSITE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND WEBSITE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY OF THE WEBSITE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR WEBSITE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE SERVICES EXCEED THE GREATER OF ONE HUNDRED AUSTRALIAN DOLLARS (A$100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST TWELVE (12) MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE WEBSITE AND WEBSITE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE WEBSITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE WEBSITE. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

WE ENTER INTO AND SHALL PERFORM THIS AGREEMENT AND PROVIDE THE SERVICES SOLELY IN OUR CAPACITY AS THE TRUSTEE FOR NJR TRUST (TRUST) CONSTITUTED UNDER TRUST DEED. THE CLIENT AGREES THAT IN ADDITION TO AND WITHOUT DEROGATION OF ANY OTHER RIGHTS OF LIMITATION OF LIABILITY WE HAVE UNDER THIS AGREEMENT OR IN RELATION TO THE PROVISION OF THE SERVICES, ANY LIABILITY OF HFC ARISING UNDER, OR IN CONNECTION WITH, THIS AGREEMENT IS LIMITED TO AND CAN BE ENFORCED AGAINST HFC ONLY AND TO THE EXTENT TO WHICH IT CAN BE SATISFIED OUT OF THE ASSETS OF THE TRUST OUT OF WHICH HFC IS ACTUALLY INDEMNIFIED FOR LIABILITY. THE CLIENT SHALL NOT BRING ANY PROCEEDINGS OR TAKE ANY ACTION AGAINST HFC IN ANY CAPACITY OTHER THAN AS TRUSTEE FOR THE TRUST OR SEEK ANY RELIEF OR ORDERS THAT ARE INCONSISTENT WITH THE LIMITATION OF LIABILITY OF HFC AS SPECIFIED IN THIS SECTION.

15. WAIVERS AND INDEMNITY
BY USING THE WEBSITE AND WEBSITE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS, YOUR MISUSE OF THE WEBSITE OR WEBSITE SERVICES OR ANY ACTION TAKEN BY US AS PART OF OUR INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS AND CONDITIONS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS AS A RESULT OF OUR DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND, LIMIT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR WEBSITE SERVICES OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THESE TERMS AND CONDITIONS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS AND CONDITIONS.

16. GOVERNING JURISDICTION
The laws of New South Wales, Australia govern these Terms and Conditions and any access to or use of our Website or Website Services. You irrevocably agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from those courts to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.

17. GENERAL
These Terms and Conditions constitute the entire agreement concerning your use of this Website and the Website Services and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this Website and the Website Services.

We reserve the right to amend the Terms and Conditions at any time and to add new or additional terms and conditions on your access to and use of the Website and Website Services.

Please check these Terms and Conditions regularly before using our Website and Website Services to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible.

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed and the remaining portions of these Terms and Conditions will remain in full force and effect.

If we do not exercise or delay in exercising any rights to enforce performance of any of your obligations under the Terms and Conditions, it is not a waiver of our right:

(a) to insist on performance of, or claim damages for breach of, that obligation unless we acknowledge in writing that we have waived our rights; and
(b) at any other time to require performance of that or any other obligation under the Terms and Conditions.

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.



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