Terms and Conditions

Terms and Conditions of Use

These Terms and Conditions ("Terms") govern your use of our website located at Online Plants NT ("Site") and form a binding contractual agreement between you, the user of the Site and us, Online Plants NT (ABN786 65 320 811)

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on 0449609374 or on email at onlineplantsnt@gmail.com.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Online Plants NT reserve the right to make changes to these Terms.

1.Information

1.1The Site contains information and images obtained from sources which are believed to be reliable. However no representation or warranty, express or implied, is made neither that the information and images on this Site are correct nor that the sources of such information and images are reliable.

1.2It is your responsibility to confirm the accuracy of all information and images on the Site.

1.3Some images displayed on this Site will be a plant shown in a large or small pot. Please refer to plant description text, below each plant image for the approximate pot size of that each plant comes in.

1.4We will not accept any liability for any loss what soever of any natured suffered by a person as a result of relying on the information and images on this Site.

1.5The Site contains links to other websites. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website. We make no warranty or representation, express or implied and accept no liability, with respect to the information or materials on any external sites with links on this website. 

2.Intellectual Property Rights

  • 2.1Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site (or are using the rights of third parties with their agreement).
  • 2.2By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
  • 2.3You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • 2.4The licence in clause 2.3 will survive any termination of these Terms. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3

3.Privacy

  • 3.1In operating this Site, we collect personal information about you within the meaning of the Privacy Act 1988 (Cth).
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  • 3.2In collecting, using or disclosing your personal information, we are committed to complying with the National Privacy Principles (NPP's) from Schedule 3 of the Privacy Act 1988 (Cth) as far as practicable. For the latest version of the NPP's, visit http://www.comlaw.gov.au.

 

  • 3.3We will take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure.

 

 4.Delivery

  • 4.1Post Office Boxes will not be accepted for any orders (even seed orders). The goods you order will be delivered to the address you gave when you placed your order.
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  • 4.2While we will endeavour to dispatch your order within 2 business days following receipt of payment for the goods, we will not be liable for late delivery and make no guarantee as to the timeframe for delivery.

 

  • 4.3If you will not be present to accept your delivery you must ensure you have appointed some else to sign for your delivery when the goods are delivered.

 

  • 4.4Delivery of the goods will be taken to be effected when they are delivered to the nearest point to the public road which is on the delivery address. It is your responsibility to move the goods to any other part of the property and to have labour available for that purpose.

 

  • 4.5All goods must be checked by you or by a nominated person on your behalf upon delivery and any damage or shortages noted on the delivery note. We will not be liable in respect of any damage or shortages not entered on the delivery note. We will not be liable in respect of any defects not notified to us within 2 working days of delivery.

 

  • 4.6The goods are at your risk as and from the time when the goods are delivered at the nominated delivery address. You can request that your goods be left without signature. However if, at your request, the carriers do leave the goods without a signature, then you must take full responsibility for any subsequent loss, damage or theft of the goods.

 5.Payment

  • 5.1We currently only accept Paypal as an online payment. We will not be under any obligation to process your order until we receive payment in our bank account from Paypal.
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  • 5.2If you wish to pay by cheque, money order or bank transfer you may contact Online Plants NT during office hours, and we may (in our discretion) allow that method. If payment is made by cheque, money order or bank transfer at least 5 working days must be allowed for clearance prior to the goods being dispatched or collected.

 

  • 5.3Our delivery fee is a standard fee of $19.95 for all orders. The delivery fee will be automatically added to your shopping cart online at the final stage of payment. We reserve the right to change this fee at its discretion.

 6.Refunds

  • 6.1If delivery cannot be made to your address, we will inform you as soon as possible, and refund or offer you store credit (at our discretion) for any sums that have been paid by you or debited from your credit card for delivery.
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  • 6.2We will not issue a refund if you change your mind about your purchase, or if you wish to return the goods for any other reason not provided for by this agreement or the Australian Consumer Law.

 

  • 6.3If you purchase goods and do not request delivery to the postcodes set out on the Site all monies will be refunded.

 7.Limitation of liability

7.1If you consider the goods which are delivered to be defective or to be different to the goods you ordered, you must contact us within 24 hours of receipt of delivery. If we agree that the goods are defective or are different to the goods you ordered, we will provide a full refund for those goods.

7.2If a complaint proves to be baseless then you will be liable to pay us for our costs and expenses in investigating the complaint.

7.3We will not be liable for failures or defects caused or partially caused by weather, incorrect cultivation, or any cause beyond our control.

7.4Our liability to you will be limited to the price you pay us for the goods. We will not be liable for any consequential loss or damage suffered by you. 

8.Description of Goods

  • 8.1The description and price of the goods you order will be as shown on our web site at the time you place your order.

8.2The goods are subject to availability. If the goods you have ordered are not in stock, you will be notified of an approximate delivery date.

8.3If we discover an error in our price or order details, we reserve the right to cancel your order within 48 hours.

9.Miscellaneous

  • 9.1A single or partial exercise or waiver of a right relating to these Terms will not prevent any other exercise of that right or the existence of any other right.
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  • 9.2If any provision of these Terms is determined to be illegal, void or unenforceable, the provision is only ineffective to the extent of that illegality, voidness or unenforceability, without invalidating the remaining provisions.

 

  • 9.3These Terms will be governed by the law of the Northern Territory and any disputes in relation to these Terms or website will irrevocably be submitted to the jurisdiction of the courts of the Northern Territory.

 

PRIVACY POLICY

 

Your privacy is very important to us. As you use our products and services, we want you to be clear how we’re using the personal information you provide to Online Plants NT and the ways in which you can protect your privacy.

If you have any questions, comments or concerns about this Privacy Policy, or would like to revise any of your information, please feel free to email us at info@onlineplantsnt.com.au

Our Privacy Policy explains:

●What information we collect and why we collect it;

●How we use that information;

●The choices we offer, including how to limit the information we share with others; and

●The security, integrity, and confidentiality of the data.

Information We Collect.

We collect information in order to provide our customers with the best products. We collect only information that our customers voluntarily give to Online Plants NT. When you chose to take part in a draw or sign up to our newsletter, you may fill out forms. When you do this, you provide Online Plants NT personal information, such as your name, mailing address, email address, telephone number, credit card, checking account, personal financial information, business partner information, and other information.

How We Use Information We Collect.

We use the information voluntarily given to Online Plants NT to provide, maintain, protect and improve our products and services. We also use this information to offer our customers specifically tailored products and services.

Information We Share.

We do not share personal information with companies, organizations and individuals outside of Company unless one of the following circumstances apply:

●For Everyday Business Purposes – This information will be used by Online Plants NT to process our students’ transactions, maintain their accounts, and to respond to court orders and legal investigations (as required by law).

●For External Processing – We provide information to our affiliates or other trusted business partners to process the information on our behalf in order to fulfill student orders and requests – based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

●For Legal Reasons – We will share information with companies, organizations or individuals outside of Online Plants NT if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

○meet any applicable law, regulation, legal process or enforceable governmental request;

○detect, prevent, or otherwise address fraud, security or technical issues;

○Protect against harm to the rights, property or safety of Online Plants NT our students or the public as required or permitted by law.

●For Marketing from Other Companies – We will share personal information with our partners, affiliates or other trusted businesses to market relevant products and services – including telephone solicitations. The trusted partners are bound by confidentiality agreements, and don’t have any independent right to share your personal information. Visitors have the express right to limit (or eliminate) the sharing of information using the opt-out procedure described below. Also, please write to us to obtain a list of our trusted partners.

Limit the Information We Share – Opt Out.

You can opt out of the use of your information for marketing by other companies by writing a letter to Online Plants NT requesting to opt out and sending it to Online Plants NT. Please feel free to contact through our website, by phone at 0449609374 or email us at info@onlineplantsnt.com.au

Information Security.

We work hard to protect our customers and Online Plants NT from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. Specifically:

●We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to our systems, and to ensure the confidentiality and integrity of the data collected;

●We restrict access to personal information to Online Plants NT employees, contractors and agents who need to know that information in order to process it for Online Plants NT, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

Application and Enforcement.

Our Privacy Policy applies to all of the products and services offered by Online Plants NT and its affiliates or other trusted business partners. Our Privacy Policy does not apply to services offered by other companies or individuals, including products or services from unrelated, third-party vendors. Our Privacy Policy does not cover the information practices of other companies and organizations who are not related to Online Plants NT.

Online Plants NT regularly reviews our internal compliance with our Privacy Policy. Online Plants NT also adheres to several internal safeguards related to the information we collect. When Online Plants NT receives formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our students directly.

Changes in the Privacy Policy.

Our Privacy Policy may change from time to time. We reserve the right to change the Privacy Policy at our discretion and without notice. We will post any privacy policy changes on this page.

Home Garden Consultancy service 

  • Our home garden consultancy service, services clients based in Darwin, its surrounding suburbs and rural areas* of Northern Territory Australia
  • All 1 hour home site consultancy appointments are only 1 hour long, if you require additional time with our garden consultant it is up to the discretion of the consultant to work past this if they are available , there is an additional charge of $50 per hour there after
  • Our home garden consultancy service is for private residences only-business and ABN holders need to contact Online Plants NT to discuss a business consult and our fees
  • Clients must reside within 50km from Darwin CBD or there is an additional surcharge for fuel
  • Fees must be paid prior to the consultation and a receipt will be provided
  • Our 1 hour our Home Garden Consultancy service appointments may be cancelled at an time if required by Online Plants NT, if this happens the client will be given a full refund or the option to re schedule

 

Cancellation policy

  • There is no refund for our Home Garden Consultancy service cancelled less than 24 hours’ notice
  • Scheduled paid appointments can be changed at no additional charge if Online Plants NT are notified at least 24 hours prior

*Rural areas include residents living within 50km from Darwin CBD


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