Terms and Conditions

Introduction

 

Welcome to greenbeings.com.au (Website). This Website is owned and operated by Green Beings Australia Pty Limited (ACN 129 920 083) (Green Beings, we, us).

 

These terms and conditions together with any additional terms, conditions, notices and disclaimers contained on the Website (Terms) govern your use of and access to the Website. There are also specific conditions that apply to third party software applications such as Google maps and the product selection tool supplied by 3FUMZUP Pty Limited.  From time to time the Website may run competitions, prize draws and promotions.  These trade lotteries will be subject to additional terms and conditions, which will be made known to you at the time. Your continued use of the Website constitutes your acknowledgement and agreement to abide by and be bound by these Terms.

 

We reserve the right to make changes to the Terms from time to time in our sole discretion and without notice to you. Please periodically review these Terms.  By continuing to visit and use the Website after we make any such changes, you accept the Terms as modified.

 

Intellectual Property Rights

 

Green Beings is the owner of all right, title and interest (including present and future copyright) in the Website.

 

All material including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on the Website (‘Material’) are owned exclusively by Green Beings, its related bodies corporate or others who have licensed their material to Green Beings (unless expressly indicated otherwise).  Certain third party copyright materials will be included on the Website from time-to-time. 

 

You are granted a limited, non-exclusive and revocable licence to download the Materials contained in this Website solely for your non-commercial and personal use. You acquire no proprietary interest in the Materials.

 

If you are an internet service provider you may supply the Materials contained in this Website to your subscriber. Any other use of any of the Materials is prohibited without the prior written permission of Green Beings including without limitation the reproduction (for any purposes other than those noted above), modification, adaptation, transmission or communication of the Materials.

 

The trade marks and service marks illustrated on the Website owned by Green Beings or certain third parties must not be used in any way without the prior written permission of Green Beings or the third party owner of the trade mark, as applicable. ‘Green Beings’ is an unregistered trade mark of Green Beings Australia Pty Limited.

 

Requests for permission to use the Website other than as set out above may be sent to comments@greenbeings.com.au with a link to the comment and your reasons for objecting to it. We’ll consider whether there are grounds for editing or removing the comment and take appropriate action, but you won’t necessarily be contacted as to our decision.

 

For non-compliance with any of the actions outlined above your content may be removed. Green Beings reserves the right (but assumes no obligation) to take any of the following actions at our sole discretion at any time and for any reason without giving you any prior notice:

 

  • Change, suspend, or discontinue all or any part of our Website
  • Reject, move, or remove any Content that you submit to the Website
  • Reject, move, or remove any Material or Content that is available on the Website
  • Terminate your access to or use of the Website

 

By posting Content on the Website you agree to the following:

  • you are entering into a communication with us and we can contact you via email and other commercial electronic ménages in relation to the Content or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice by contacting us at stopemailingme@greenbeings.com.au
  • similarly, if you have chosen to receive e-mail updates and newsletters, these can be cancelled at any time by contacting us at stopemailingme@greenbeings.com.au

Use of Website by Children

While Green Being's Website may be viewed by children, we do not ensure that all Material and Content are appropriate for children of all ages. All visitors to this Website under 18 years of age must obtain the consent of their parents or legal guardians. Green Beings requests parents and guardians to supervise their children when accessing or using the Website.  No Content should be submitted to, or posted at, the Website by visitors under 18 years of age without the consent of their parent or guardian. If you are under 18 years of age and you post Content you and your parent or guardian will be deemed to accept the application of these Terms to such Content.

 

Health Information

All health and medical information displayed on this Website, if any, is presented in summary form only and is intended to provide general consumer understanding of health care topics .   We are not qualified to and do not provide medical advice. The information should not be used in place of a visit, call or consultation with your doctor or other health care provider. We do not recommend the self-management of health or medical problems, nor do we promote or recommend any particular form of medical or alternative treatment. We advise people using information accessed through the Website to also research original sources of authority.

 

You should remember that all information that is disclosed in the bulletin boards, forums and/or other public-posting areas of the Website becomes public information and you should exercise caution when deciding to share any of your personal information.

 

Product Liability

Any mention or reference to third party companies or a third party vendor’s products on the Website is for informational purposes only and does not constitute an endorsement or a recommendation. Green Beings does not warrant the reliability, accuracy, timeliness or completeness of information on any of the products displayed on the Website, nor does it warrant their operation, maintenance, merchantability or fitness for a particular purpose.

 

Except as may be expressly stated otherwise, all third party products must be ordered directly from the third party vendor, and all licenses and warranties, if any take place between you and that third party vendor without any involvement, obligation or liability whatsoever on the part of Green Beings.

 

Pricing and availability as set forth in the Website are subject to change without notice, and may not be available in all countries from which the Website may be accessed. The Website may contain references to products, services and programs that have not been announced or made available in your country. The Website may contain references to future planned products. Such products are only planned and Green Beings give no guarantee as to their availability.


Accuracy of information and disclaimer of warranties

While all reasonable care has been taken in publishing and maintaining the Website, Green Beings and sponsors of any Material presented on the Website accept no liability or responsibility whatsoever for, or in respect of, any use of the Website or any reliance upon Material contained on the Website or any linked website. Articles cited here are summaries provided for informational purposes and general guidance only. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions. Green Beings makes no claims as to the currency of the links.

 

Green Beings will not be liable for any loss resulting from any action or decision by you in reliance on the Material or Content on the Website, nor any interruption, delay in operation or transmission of the Website.  You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website.

 

Links to the Website

You may establish a link to the website provided that the link does not state or imply any sponsorship or endorsement of your site by the Website and you must immediately stop providing any links to the Website on written notice from us.

 

Third party links and advertising

Links and other pointers to websites operated by third parties will appear on the Website from time to time. These websites do not form part of the Website and are not under the control of Green Beings as such we have no responsibility for the contents on any such linked website.  If you link to any such website you leave this Website and do so entirely at your own risk.

 

The Website displays third party advertisements, which may or may not contain links or referral buttons to websites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Green Beings, its related bodies corporate or their officers, employees, contractors or agents of the relevant advertiser, its products or the services of any such linked website.

 

 If you contact a third party using functionality provided on the Website, including via e-mail, the Website accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.   Green Beings will not be a party to any contract or transaction entered into by you with any such third party, nor shall you involve us in any way in any dispute between you and such third party.

 

Indemnity

You agree to indemnify, defend and hold harmless Green Beings, its related bodies corporate and their officers, employees, contractors and agents from and against all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from any failure on your part to comply with these Terms.

 

Disclaimer of liability

To the full extent permitted by law, Green Beings, its related bodies corporate and their  officers, employees, contractors and agents will not be liable for any loss, claims, damages or costs (including legal costs and expenses on a full indemnity basis) arising out of or in connection with your use or inability to use the Website including but not limited to all indirect, incidental, special and consequential damages or loss of profits or opportunity to any person even if such loss or damages were reasonably foreseeable. If this provision in unenforceable in whole or in part in any jurisdiction due to relevant laws then in no event will the liability of Green Beings to you for any damages, losses, claims or anything else exceed the lesser sum of AUD$1 and the amount paid by you, if any, for accessing this Website.

 

Without limitation to the foregoing and to the full extent permitted by law, Green Beings’ liability, if any, for any breach of a condition or warranty implied by the Trade Practices Act or similar state and territory legislation in Australia which cannot be excluded is limited to any one or more of the following as determined by Green Beings in its absolute discretion:

  • in the case of goods:

  1. the replacement or repair of the goods or the supply of equivalent goods; or

  2. the payment of the cost of repairing the goods or of supplying equivalent goods; and

  • in the case of services:
  1. the supply of the service again; or
  2. the payment of the cost of having those services supplied again.

 

General

In the event that any part of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of any other part of these Terms, which shall remain in full force and effect and shall be construed as if the invalid or unenforceable part were not part of these Terms.

 

No waiver of any obligation or right by Green Beings shall be effective unless in writing and executed by Green Beings. No waiver of any breach of this Agreement shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other term.

 

Expressions used in these Terms that are defined in the Copyright Act 1968 (Cth) have the meanings attributed to them in that Act unless the context indicates otherwise.

 

Governing Law

These Terms shall be construed and interpreted in accordance with the laws of News South Wales, Australia. By using the Website, you hereby consent to the exclusive jurisdiction of the law courts of New South Wales, Australia in respect of all matters or disputes arising out of or relating to these Terms or any use of the Website.

 

This Website is controlled and operated by Green Beings from its offices within Australia. If you access the Website from other locations you do so on your own initiative and are responsible for compliance with your local laws, to the extent that such local laws are applicable.