1. This website (Site) is operated by Sustainable Gardening Australia Inc ARBN 126 118 287 (we, our or us). It is available at https://www.sgaonline.org.au/ and may be available through other addresses or channels.
2. Consent: By accessing and/or using our Site, you agree to these terms of use, our Privacy Policy (available on our Site at www.sgaonline.org.au/privacy-policy/), and any additional terms outlined within the specific part of the Site that you access (together Terms). Please read the Terms carefully and immediately cease using our Site if you do not agree with any of them.
3. Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
4. Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
5. Prohibited conduct: In using or making any contribution to the Site, you must not do or attempt to do anything:
(a) that is unlawful;
(b) that is prohibited by any laws applicable to our Site;
(c) which we would reasonably consider inappropriate;
(d) that is contrary to SGA’s mission and values which are available on the Site at https://www.sgaonline.org.au/about/mission-and-values/; or
(e) which might bring us or our Site into disrepute, including (without limitation):
(i) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;
(ii) using our Site to defame, harass, threaten, menace or offend any person;
(iii) interfering with any user using our Site;
(iv) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
(v) using our Site to send unsolicited email messages; or
(vi) facilitating or assisting a third party to do any of the above acts.
6. If you breach these Terms, in addition to any other remedies we have, we may block your account or contributions.
7. No commercial use:
(a) Our Site is for your personal, non-commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.
(b) For the purpose of cl. 7(a) and cl. 10(a) of these terms, current financial members of our Green Gardening Professionals industry program (https://www.sgaonline.org.au/seeking-professionals/join-the-ggps/) have a licence to use the Site and its content for the limited purpose of promoting their green gardening business, subject to providing a link to the relevant content on the Site and acknowledging SGA as the source of the content.
8. You agree that you will not:
(a) remove, obscure, or alter any copyright notice or trademark on any Content you access and use;
(b) use any Content in a way that implies endorsement by us or any person referred to or included in the materials without our express consent.
9. Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
10. Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:
(a) copy or use, in whole or in part, any Content without obtaining a licence to do so from us;
(b) subject to subparagraph (a) and cl. 7(b)above, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
11. User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content
12. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the above rights in such User Content; and
(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
13. We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
14. Please ensure you keep your own copies of your User Content as we may not archive, store or back-up User Content nor continue to make User Content accessible online.
15. We will endeavour to provide you with an appropriate credit when we use your User Content, though you understand and agree this may not always be possible.
16. Third party sites: Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.
17. Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
18. Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
(b) access will be uninterrupted, error-free or free from viruses; or
(c) our Site will be secure.
19. You read, use and act on our Site and the Content at your own risk.
20. Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
21. Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
22. Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
23. Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
24. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
25. Jurisdiction: Your use of our Site and these Terms are governed by the laws of Victoria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
26. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
27. Refund Policy: If within 30 days of purchase, you decide not to use our software and services, you may request a full refund. To obtain a refund, you will have to contact us, including the username, email address, and name on file for the account you wish to cancel. At that time, we will cancel your membership and refund any one-time payment made.
For any questions and notices, please contact us at:
Sustainable Gardening Australia Inc ARBN 126 118 287
Email: info@sgaonline.org.au
Last update: 20 February 2019
