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Terms & Conditions

TREE 4 LIFE TERMS AND CONDITIONS

WWW.TREE4LIFE.COM.AU  TERMS AND CONDITIONS

 

WEBSITE TERMS OF USE APPLICABLE TO ALL USERS

  1. Accepting these Terms.

In these Terms and Conditions,”Tree 4 Life” “we” “us” and “our” refers to Tree 4 Life Pty Ltd The Trustee for Thelma Trust (ABN 57 567 665 264). This webpage contains the Terms and Conditions (the “Terms” for short) governing your access to and use of www.tree4life.com.au (the “Website” or  “Site”). These are the Terms and Conditions upon which you agree to use the Website and / or our services and all information on this website including purchase of our product/s is provided subject to the following terms and conditions. By using any of our Services (even just browsing our website), you are agreeing to the Terms. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you must not use the Website.

These are our terms and conditions for use of the site which you may access in several ways, including but not limited to the internet, mobile phones and PDA’s. These Terms apply whenever you access the site, regardless of how you access the site.

Your use of this Website is expressly conditioned upon your accepting and agreeing to these terms and conditions. For users who are not registered with this Website and just use it for searching or browsing purposes, your use of the website will be deemed to be an acceptance of our terms and conditions.

 

2.Changes to the Terms

We reserve the right to amend this Notice at any time, we may also at any time make changes to this Website including it’s look, feel, format, content, as well as the products and services as described in this Website. Your use of the Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

 

Members
3. In order to access the services provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy here or through the links on our home page for information relating to our collection, storage and use of the details you provide on registration.

 

4. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

 

5. On registration, we provide you with a password. You are able to change your password once logged in through your profile area. We suggest that you use strong passwords with a mixture of numbers, symbols, and upper and lower case letters. You are responsible for safeguarding the password that you use to access the Services. Tree 4 Life cannot and will not be liable for any loss or damage arising from your failure to comply with the above. On registration you agree to pay for our services as set out on our website pricing tables.

 

6. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

 

Our Website Services

 

7. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.

 

8. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page under ‘Browse the Tree’ under ‘Membership Pricing’ and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

 

Site Access

 

9. When you visit our website, we give you a limited licence to access and use our information for personal use.

 

10. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. You are only authorised to use, view or copy and download small portions of content for your informational records.

 

11.You must not use the Site or directory contained on the Site for any commercial purpose. Any commercial use requires prior written approval from Tree 4 Life Pty Ltd. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

 

12. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

 

Hyperlinks
13. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. Please read the terms and conditions or terms and conditions policies of any other company or website you may like to link to from our website. If you decide to access any third party site links you do so at your own risk. These Terms and Conditions only relate to our Website and the products and services Tree 4 Life offers.

 

14. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

 

15.Content you provide

Content (Content) refers to all information that you post using our Services, including but not limited to data, images, text and multimedia, ( like usernames, business names, profile pictures, listing photos, listing descriptions, reviews, recommendations, comments, videos, etc).

You are responsible for all and any Content you contribute to the Service. All Content whether it is publicly posted or privately transmitted is the sole responsibility of the person who originated such Content. We don’t make any claim to the Content you post. You understand that you are solely responsible for your Content.

16.Your Responsibility with Content you have received via our Services.

We may not monitor or control the Content posted via the Services on the Website and we cannot take responsibility for such Content. Users will be held directly and solely responsible, any use or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your risk.   We do not represent, endorse, support or guarantee the accuracy, completeness, truthfulness, or reliability of any Content or communications posted via the Services. Under no circumstances will Tree 4 Life be liable in any way for Content, including, but not limited to any errors or omissions any Content, or any loss or damage of any kind occurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our Services or broadcast elsewhere.

17.Permission to Use Your Content.

By posting your content through our Services you expressly grant Tree 4 Life a license to use it. We don’t claim any ownership to your Content, but we have your permission to use it to help Tree 4 Life function and grow.

When you provide Content you retain ownership of the intellectual property in that information however by posting your content through our Services you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free licence (with the right to sublicense)  to use, copy, reproduce, edit, process, translate, adapt, modify, publish, transmit, display, distribute and prepare any derivative works of your Content to provide the Services and promote the Tree 4 Life in any form, formats, forums and through any channels, including across Tree 4 Life Services or third-party website or advertising media or medium now known or later developed. This licence ends when you cease your membership except for Content which has already been released as part of the Service.

18. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.

 

19. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.

You represent that the content is accurate, and that you have all the necessary rights to your Content that you have posted and that you are not infringing or violating any third party’s rights by posting it.

20. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.

 

21. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

 

Intellectual Property Rights

 

22. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

 

23. All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

 

24. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

 

25. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

Disclaimers

 

26. You expressly acknowledge that We do not take part in any transaction between users of this site and We cannot be held responsible for any action or non-action of a user of this Website.

27.Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. By using our services you acknowledge that Tree 4 Life may not have any registered users in your location to get notified of your listings or Content that you post at the time of posting. Tree 4 Life’s data base of users will grow organically and will notify those in your region when it has registered users in that region or location.

 

28. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

 

29. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

 

30. From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

 

Limitation of Liability

 

31. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

 

 

32. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

 

33. We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

 

34. We do not participate in any way in the transactions between our users.

 

Indemnity

 

35. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

 

Jurisdiction

36. Tree 4 life is directed to those individuals and entities of Australia. It is not directed to any person and /or entity in any jurisdiction where (by reason of residence, nationality , citizenship or otherwise) the publication or availability of the Website and it’s content, including it’s products and services, are unavailable or otherwise contrary to local laws or regulations.If this applies to you you are not authorised to use or access any of the information on this Site. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

 

37. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

 

Privacy
38. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

39. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.