Terms of Access to the Mulch Spot

This Website (referred to in these Terms of Access as the “Website”) is owned and operated by MulchSpot.com.au. Mulchspot.com or Mulchspot.au (“Owner”) on the World Wide Web (“WWW”).

The Website is available for you to:
(a) access, and/or
(b) provide information about your products and/or services, conditional on your acceptance without alteration of the terms and conditions set out below.

By continuing to:
(a) access the Website, and/or
(b) provide information about your products and/or services, you are agreeing to the terms and conditions set out below in Parts A, B and C.

Part A Use of Material on the Website

1. Except for the limited use set out in paragraph 2, you may not use the Website, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW;
(e) “framing” the material on the Website with other material on any other WWW site.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.

2. Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
3. You may not modify or copy:
(a) the layout of the Website; and
(b) any computer software and code contained in the Website.

4. The Owner reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media, without the prior written consent of the Owner.

Links to other Websites

5. The Website contains links to sites on the WWW owned and operated by third parties and which are not under the control of the Owner.

6. In relation to the other sites on the WWW, which are linked to the Website, the Owner:
(a) provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by the Owner of the linked site; and
(b) is not responsible for the material contained on those linked sites.

Use of information gathered

7. The Owner and/or people authorised by it may gather and process the information:
(a) which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
(b) regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website.
8. The Owner may authorise others to offer you goods and services using the information acquired through 7(a) and (b) above.
9. You agree to permit the Owner to release personal information for the purposes of 8 above.

Part B Terms and conditions relating to the providing of information about your products and/or services

Uploading information

10. You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) you are authorised to provide the material and/or information;
(b) the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition;
(d) the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
(e) the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales including, but not limited to, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (VIC) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

Licence to use intellectual property

11. By uploading any material which is intellectual property including, but not limited to, copyrighted works, trade marks and service marks (“Your Intellectual Property”) on to the Website, you are granting the Owner a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) reproduce, use and exploit Your Intellectual Property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow the Owner to sub-licence others the same rights granted to the Owner in (a) above.

Removal of information
12. In relation to any material and/or information included on the Website, the Owner may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
13. In the event of removal pursuant to 12 above, no fees paid to the Owner for advertising or any other purpose will be repaid.

Privacy
14. The Owner may provide you with access to personal information of clients registering on the Website.
15. You agree to comply with the Owner’s Privacy Policy (http://mulchnet.webclick.com.au/index.php?privacy-statement) in relation to that personal information as if the reference in that Privacy Policy to “Owner” refers to you, as far as is reasonably possible.

Part C General Terms and conditions relating Parts A & B

16. The Owner is making the Website available for others to publish information without assuming a duty of care to users. The Owner is not in the business of providing professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
17. To the full extent permitted by law the Owner disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
18. The Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
(a) acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2
19. The Owner does not warrant guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW are free of software viruses;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(c) errors and defects in the Website will be corrected.
20. The Owner is not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Owner, its employees or independent contractors, or through any other cause.
21. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability
22. Disclaimer 1 and/or Disclaimer 2 (together, “Disclaimers”) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law the Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
(a) If the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) If the breach of an implied warranty or condition relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

23. The Owner will not be liable for, and you release and discharge the Owner and its respective officers, employees and agents from, any loss or damage whatsoever and whenever caused to you or your agents or employees, including, but not limited to, special, indirect or consequential damages, loss of profit, goodwill, revenue or loss of anticipated saving or loss, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to any matter referred to in the Disclaimers, or as a result of a breach of the terms and conditions of these Terms of Access by it or as a result of a breach of duty of care or negligence arising at law.

Termination of access
24. The Owner may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and the Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
Alteration of Terms of Access
25. The Owner reserves the right to change these Terms of Access:
(a) with or without further notice to you; and
(b) without giving you any explanation or justification for such change.
26. The current Terms of Access are located at: http://www.mulchspot.com.au terms-conditions.

Indemnity
27. You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents (in this clause 27 referred to as “those indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you and publication of or distribution of the material and/or information supplied by you.

Relevant jurisdiction
28. If any part of these Terms of Access are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
29. These Terms of Access will be governed by and interpreted in accordance with the law of Victoria Australia, without giving effect to any principles of conflicts of laws.
30. You agree to the jurisdiction of the courts of Victoria Australia to determine any dispute arising out of these Terms of Access.

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