Keeping sustainable landholders on sustainable land

LANDCARE CARBONSMART® WEBSITE TERMS OF USE


1. ABOUT THIS WEBSITE

This website is owned and operated by Landcare Australia Limited (ABN 77 123 058 524) (Landcare Australia) under the domain name " www.carbonsmart.com.au " (Landcare CarbonSMART Site).

Your use of the information, graphics, text, software and materials (Content) on the Landcare CarbonSMART Site is governed by these Terms of Use and our Privacy Statement. By using this Landcare Australia Site you agree to be bound by these Terms of Use.

In addition to the Terms of Use contained in this document, other terms of use or conditions may apply to your use of this Landcare CarbonSMART Site, parts of this Landcare CarbonSMART Site, or to the supply of products and services offered via this Landcare CarbonSMART Site.

By using these parts of this Landcare CarbonSMART Site or obtaining products or services via this Landcare CarbonSMART Site, you also agree to be bound by these additional terms.

2. LINKS TO OTHER WEBSITES

The Landcare CarbonSMART Site may contain links to third party websites. Landcare CarbonSMART does not sponsor or endorse the operators or content of any linked websites.

Subject to any applicable law which cannot be excluded, Landcare CarbonSMART makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any linked websites, material or products or services.

3. INFORMATION AVAILABLE AT THE LANDCARE CARBONSMART SITE

The Landcare CarbonSMART Site provides general information about Landcare CarbonSMART and Landcare CarbonSMART's various programmes, services and activities.

In addition, the Landcare CarbonSMART Site may contain or make available various message services, email lists, mailout or newsletter services, or other tools and facilities which may be of use to you.

Whilst Landcare CarbonSMART has made every effort to ensure that any such features are accurate and free from defect, Landcare CarbonSMART does not warrant the accuracy, correctness or completeness of these features, which are provided on an "as is" basis.

4. LANDCARE CARBONSMART STANDARD PROCEDURES APPLY

All applications, or all competition entries, are always governed by and subject to Landcare CarbonSMART's normal policies, rules and criteria.

5. AVAILABILITY OF THE WEBSITE

As electronic services are subject to interruption or breakdown, access to the Landcare CarbonSMART Site is offered on an "as is" and "as available" basis. Landcare CarbonSMART may withdraw the Landcare CarbonSMART Site at any time and without notice to you.

6. WARRANTIES

While we have made every effort to ensure that the Content is free from error, Landcare CarbonSMART does not guarantee or warrant the accuracy, adequacy or completeness of Content on the Landcare CarbonSMART Site.

All Content is provided on an "as is" basis and without guarantees or warranties of any kind, either express or implied. All terms implied by law, except those that can not be lawfully excluded, are excluded. All Content is subject to change without notice.

Landcare CarbonSMART does not warrant that this Landcare CarbonSMART Site or any linked websites will be free from viruses or defects.

7. LIMITATION OF LIABILITY

Subject to any responsibilities implied by law and which cannot be excluded, Landcare CarbonSMART, and its directors, employees, agents and contractors, are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any Content on this Landcare CarbonSMART Site, to any material on linked websites, or to access or use of the Landcare CarbonSMART Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Liability of Landcare CarbonSMART for breach of a condition or warranty implied by law, and which cannot be excluded, is limited to the extent possible at Landcare CarbonSMART's option, to the supply of the goods or services again, the repair of the goods, or the payment of the cost of having the goods or services supplied again or repaired.

8. INDEMINITY

You indemnify Landcare CarbonSMART in respect of any liability incurred by Landcare CarbonSMART for any loss or damage, howsoever caused, suffered by Landcare CarbonSMART as a result of your breach of these Website Terms of Use, your use of the Website, or Your Content being posted on the Landcare CarbonSMART Site or Landcare CarbonSMART or any third party's use of or reliance on Your Content.

9. COPYRIGHT AND TRADE MARKS

Copyright in the Content on this Landcare CarbonSMART Site is owned or licensed by Landcare Australia , unless indicated otherwise.

Except where necessary for viewing the Content on this website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Content on this Landcare CarbonSMART Site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Landcare Australia .

"Landcare CarbonSMART" and all associated trade marks, are trade marks of Landcare Australia  Limited. Third party trade marks are trade marks of the respective third parties.

10. ACCEPTANCE AND CHANGES TO THESE TERMS OF USE

You acknowledge and accept that your use of the Landcare CarbonSMART Site indicates your acceptance of these Terms of Use. Landcare CarbonSMART®  may at any time vary the Terms of Use by publishing the varied Terms of Use on the Landcare CarbonSMART Site. You accept that by doing this, Landcare CarbonSMART has provided you with sufficient notice of the variation.

11. JURISDICTION

The law applicable to the Landcare CarbonSMART Site and to disputes arising out of the Landcare CarbonSMART Site is the law of the State of NSW, Australia.

12. EXPORT RESTRICTIONS*

We deliver worldwide.

13. SHIPPING POLICY*

Please allow five working days for your card to be delivered. Or 10 working days for overseas deliveries.

All gift card purchases will be delivered by post AU$4.95 postage and handling fee is changed when purchasing your gift card.

14. CUSTOMER SERVICE POLICY*

If we are out of stock, or there are any delivery delays fro your gift card. We will notify you within three business days.

*Note: 12 - 14 conditions applied to CarbonSMART Gift Cards - to purchase our gift card please visit our Gift Card page.


Version 21 December 2007
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