Introduction

1. Thank you for choosing Kiamba Valley Nursery as your advanced trees and plants supplier. Please note that all communication, transactions and any other activities conducted in connection with the business are subject to the terms and conditions set out in this agreement.
2. The current version of these Terms & Conditions can be viewed at www.kvn.net.au/terms. These terms were first valid on 4 May 2020.
3. For any questions or complaints regarding the website or to receive information regarding use of the website, please contact us via email at contact@kvn.net.au.

Application

4. These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity, and Kateal Investments Pty Ltd (ACN: 639 183 029), doing business as Kiamba Valley Nursery, concerning your access to and use of the www.kvn.net.au. website as well as via any other media channel, mobile website or application, or sales transaction with the business. You agree that by accessing the website, or transacting with the business, you have read, understood, and agreed to be bound by all of these Terms & Conditions. If you do not agree with all of these terms, then you are expressly prohibited from using the website or completing a transaction with the business and you must discontinue use immediately.
5. These Terms & Conditions and any policies or operating rules posted by us on the website or in respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.

Notable Terms

6. The following terms are defined as follows:
• “the business” “us” “we” “our” means the company under which this terms and conditions agreement applies; Kiamba Valley Nursery (ABN: 18 639 183 029). To clarify, actions or communications outlined in this agreement as completed by the business are considered to be completed by an authorised representative.
• “authorised representative” refers to any employee, director or consultant for the business that has the relevant authority, knowledge and capability to execute the task.
• “Terms of Use” “Terms & Conditions” “the terms” refers to this document henceforth.
• “the website” means the website listed at www.kvn.net.au.
• “you” means any customer, subscriber or user of the services connected to the business for any other purpose.
• “subscribers” means any person who has either a) contacted the business via telephone, email, social media or website; b) subscribed to the business via website, email or lightbox; or c) requested a quotation either in person, via email, telephone or through the website.
• “GST” refers to Goods & Services Tax
• “ATO” refers to Australian Taxation Office
• “customers” means any person, company or organisation that has either a) requested a quotation in person, via email, telephone or through the website, or b) made a purchase or placed an order whether in person, via email, telephone, through the website, or through another medium.
• “current customers” refers to any person who has an active quotation or unfulfilled order with the business.
• “website content” “the content” means all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on our website.
• “personal information” means information we hold which is identifiable as being about you.

General Conditions

7. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
8. Supplementary terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference.
9. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms to stay informed of updates.
10. Notice will be given to all current customers if a change occurs. Any outstanding orders and transactions will be subject to the defunct terms and conditions. Quotes however, will be subject to the new terms and conditions.
11. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised terms by your continued use of the website after the date such revised Terms & Conditions are posted.
12. If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.

Orders & Quotes

13. No quotation by Kiamba Valley Nursery shall constitute an offer. Quotes remain open at the business’ discretion, and can be rescinded at any time. They will generally indicate an expiry date, a thirty (30) day period from the date of quotation. Quotes are also subject to product availability as products will not be reserved until an order is placed, and are only accurate at the time of quotation. Customers will be given notice if prices are changed, as this usually constitutes a revocation.
14. All orders placed with the business shall only be accepted subject to these Terms and Conditions. Orders are not confirmed until a receipt has been received by the customer. If an error arises, the business retains the right to alter, if not cancel any order placed. The customer can request to not go through with the order if this occurs. If such an action must be taken, the business will refund the discrepancy in accordance with the ACL.
15. No advertising or marketing releases constitutes an offer, or a quotation. The customer must contact the business and order or request a quote.
16. If the customer purchases an item at the point of sale/order, whether in person or online, the payment will not be treated as confirmed until the business receives confirmation from the relevant payment merchant. If the customer purchases on invoice, payments made will only be treated as confirmed when the business receives confirmation from the relevant payment merchant or bank.
17. Once payment has been received, the customer has thirty (30) days to collect the products. This can be extended if requested, but the business has no obligation to accept. If the customer fails to pick up the products and cannot be communicated with, the order will be cancelled, and the customer will be refunded in full, minus a 5% watering and maintenance fee (of the final GST inclusive sale price).
18. If a customer requires an altering of any order, the business will attempt to fulfill the change, however has no obligation to do so.

Prices & Delivery

19. All prices, whether listed on the website, on other sales channels, in marketing releases or in newsletters are in Australian Dollars (AUD, $). Any quotations made via phone, email or in person are also indicative of Australian Dollars.
20. The prices listed on the website and on other sales channels, are only valid for the day on which they are viewed. The business reserves the right to make changes to prices at any time due to market fluctuation and supply limitations. Prices listed in marketing releases and in newsletters are valid only for the time period specified. If the prices do not display an expiry date or valid period, it is to be assumed that the prices are only valid for the week from the date that they were published.
21. Goods and Services Tax shall be paid by the Customer to the business on every purchase made. All prices include GST unless explicitly specified otherwise. The business is registered for GST with the Australian Taxation Office.
22. Prices do not include delivery. Quotations and orders, unless specified otherwise, will not contain a delivery clause and delivery will not be included. Customers can request a quote for delivery. This will be quoted on an order-by-order basis. The business is not liable for any damage or loss while in transit.
23. Deliveries will be quoted at the business’ discretion. The business will quote a predicted time-frame in business days for deliver, and the customer can accept or reject delivery on this basis. The customer must disclose a destination for delivery before it can be processed. Unless expressly stated, delivery quotes contain GST.

Availability

24. The availability of products is not guaranteed by the business. The business will strive to keep product availability up to date on the website and sales channels, but is not obligated to do so. If an error arises and a product ordered is not available, the business will attempt to fix the issue, but if impractical, the business will offer a refund.
25. The availability of products advertised is not guaranteed by the business. Products are sold on a first come first served basis.
26. Due to the nature of the products sold, if a line becomes unavailable, the business cannot guarantee a time for which it may come available again. However, the business can, at their discretion, offer purchase orders in advance.
27. We reserve the right to refuse service to anyone for any reason at any time.

Payments & Terms

28. The business’ main payment method is EFT, bank transfer, via Osko or other service. If payment is unable to made at the point of sale, customers will be issued an invoice. Payment must be made on the invoice terms prior to dispatch, pickup or delivery of goods. In line with the terms above, the order is not confirmed until payment is received. If the customer loses the invoice, the balance can be requested to be sent out again by the business.
29. The business occasionally accepts major credit and debit cards (MasterCard, Visa, and American Express). However, the business is not obligated to provide these methods, and can prescribe methods or make a method required for a customer, should the business not be able to provide a desired method.

Returns, Refunds, Damages & Defects

30. If availability changes or unexpected circumstances prevent the sale of products ordered, the customer will be refunded in full. If delivery has been purchased, it will also be refunded in accordance with the ACL.
31. If the business suggests an alternative for products and the customer declines, the order will be refunded as above.
32. The business will process any refund requested within seven (7) days of purchasing if the customer changes their mind before pickup or delivery. If a refund is requested after seven (7) days, in which the customer has not picked the product up nor had the product delivered, a 5% watering and maintenance fee will be deducted of the final GST-inclusive sale price, at the business’ discretion.
33. If a customer requests a refund after delivery has been arranged for by the business, they forfeit the right to a refund on the delivery cost.
34. Kiamba Valley Nursery upholds a growth and maturing process that ensures that the products are well maintained and cared for prior to sale. Due to the volatile nature of the products, there is no damages guarantee applicable to the products, and the customer agrees to having ultimate responsibility for the maintenance of the product after it leaves the nursery.
35. Should the product develop a defect that was procured before it was picked up or taken for delivery, and there is sufficient evidence of the fact, the business will offer a full refund in accordance with the ACL (although delivery cannot be refunded). However, the business does not offer refunds on any defect or damage that occurs after it leaves the nursery. The business strongly advises that all customers inspect their products before they pick them up or before the delivery begins.
36. Advice or information given by the business in assistance to a customer regarding product maintenance (or any other product related topic) is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information. The business is not liable for any damages caused by information or assistance given.

Website Access

37. There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
38. The website is provided on an “as-is” and “as-available” basis. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof.
39. We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to the website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the website, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the website.
40. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
41. In no event will the Business be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website.
42. The information provided on the website or in any other medium supported by or connected to the business is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the website or other mediums from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
43. You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the website, you agree not to:
• Systematically retrieve data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the website and/or the content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
• Use any information obtained from the website in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the website in a manner inconsistent with any applicable laws or regulations.
• Use the website to advertise or offer to sell goods and services.
• Engage in unauthorised framing of or linking to the website.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any content.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you.
• Attempt to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website.
• Copy or adapt the website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Decipher, recompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the website, or using or launching any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the website.
• Make any unauthorised use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the website as part of any effort to compete with us or otherwise use the website and/or the content for any revenue-generating endeavour or commercial enterprise.

Privacy Policy

44. We care about data privacy and security. By using the website, you agree to be bound by our Privacy Policy, detailed below, which is incorporated into these terms of use. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
45. Please be advised the website is hosted in Australia. If you access the website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Australia, then through your continued use of the website, you are transferring your data to Australia, and you agree to have your data transferred to and processed in Australia.
46. The business will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support. Additionally, we may also collect any other information you provide while interacting with us.
47. The business collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
48. When you come to our website (www.kvn.net.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
49. We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website.Our website may from time to time use cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
50. The business may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
51. The business may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.
52. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the provision of our services (such as for the delivery of a product).
53. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
54. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of the business, the website at www.kvn.net.au, and its customers or third parties.
55. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
56. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
57. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
58. The business is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
59. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
60. Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that The business is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
61. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at contact@kvn.net.au. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
62. If you have any complaints about our privacy practices, please feel free to send in details of your complaints via email to contact@kvn.net.au. We take complaints very seriously and will respond shortly after receiving notice of your complaint.
63. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

Copyright

64. Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, international copyright laws, and international conventions.
65. We respect the intellectual property rights of others. If you believe that any material available on or through the website infringes upon any copyright you own or control, please immediately notify us via email to contact@kvn.net.au.

Governing Law

66. These terms shall be governed by and defined following the laws of Australia. Kiamba Valley Nursery and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.