Website Terms & Conditions
Focus Planting Australia welcomes you to the website (www.focusplantingaustralia.com.au) and hopes you enjoy your experience. Focus Planting Australia would kindly like to inform you that as a user of the website, you are agreeing to comply and be bound to the following terms and conditions set out below and any other laws or regulations which apply to this website. Users of this website are also bound by the additional policies referenced herein the Terms and Conditions and/or available by hyperlink within the footer of the Focus Planting Australia website. If you disagree with any part of these terms and conditions, you may not browse or read any information or services connected to this website.
These terms and conditions are a legally binding contract which apply to all users of this website, including and without limitation to browsers, vendors, merchants, wholesalers, customers and/or contributors of content. These Terms and Conditions between the you and Focus Planting Australia Pty Ltd (ABN: 60646765255). The Focus Planting Australia offers this website to you, as an opportunity to browse and purchase products that are listed as well as access information, too
Acceptance of the terms:
Remaining on the Focus Planting Australia website acts as confirmation that you have accepted the terms and conditions. Other actions may include completing activities where you must click to accept or agree to the terms and conditions where this option is made available to you on the Focus Planting Australia website interface.
The Focus Planting Australia website has been compiled on the basis of general information current at the time of publication which will be available for review on this page. Any new products or services which are added to the current website are subject to the terms and conditions. After publication, changes in circumstances may occur and this may affect the completeness, accuracy, and integrity of the website’s information. Focus Planting Australia reserves the right to modify the website and thus, this website may undergo modifications and is subject to changes without notice with the purpose of restoring the integrity of the ideas and/or to enhance user experience. Any changes, to the terms and conditions will take immediate effect from their date of publication. update, modify and replace any information on this website and terms and conditions page at any time. To the fullest extent as permitted by law, Focus Planting Australia disclaims liability for any inaccuracies or errors presented in the website’s information or any failure to update or correct this information. The use of this website’s information is consumed entirely at your own of the risks for which Focus Planting Australia shall not be liable. As the user of this website, it is your responsibility to assess and verify factors relating to the information’s security, currency, accuracy, completeness, and reliability. The user must seek professional advice where appropriate and necessary. Focus Planting Australia may perform reasonable endeavours to provide you with notice regarding any updates to the Terms and Conditions. However, it is your responsibility to ensure you monitor and review this page periodically for changes. Continued access and review of the website information following the posting of any modifications is conditional acceptance of those changes.
Moreover, you may not use the Focus Planting Australia products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You are entirely responsible for your activities and actions when visiting and browsing the Focus Planting Australia website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website.
Website Content:
Focus Planting Australia is the owner of this Website. All content including the logo, design, text, graphics and their layout (“Content”) are property of Focus Planting Australia. Unless indicated otherwise through express consentby Focus Planting Australia, you may not copy, distribute, republish, download, resell, store, retransmit, display, post or transmit the content for any reason outside of your personal use. Permission by Focus Planting Australia is required prior to altering, modifying, or adding to the Content. You acknowledge and agree that if you contribute to the Content to the Focus Planting Australia, the Content will become property of Focus Planting Australia. Any comments or materials sent to Focus Planting Australia including feedback data, questions, comments and suggestions (“collectively Feedback”) will be deemed to be non-confidential (where appropriate as per the Privacy Policy’s requirements for handling personal information). Focus Planting Australia will be free to reproduce, exhibit, use, disclose, display, transform and distribute Feedback (which is non-personal) to others without limitation. In addition, Focus Planting Australia will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services incorporating such Feedback. Focus Planting Australia does not warrant or make any representations in relation to the Content, or, the use of or the results of the use of the Content or this Website in relation to their correctness, accuracy, reliability, completeness or otherwise. Focus Planting Australia reserves the right to remove any Content from this Website at any time. Any new features, information or tools which are added to the Focus Planting Australia website shall also be subject to the Terms and Conditions. You may not alter, modify, or contribute to the Content without express consent by Focus Planting Australia.
User Generated Content:
Focus Planting Australia allows users to contribute to the website and or social communication platforms (namely “User Generated Content”). This may include but is not limited to completing forms. You acknowledge and agree that we do not control (on either a functional or editorial level) any content (including, without limitation, information, data, text, software, music, sound, photographs, images, video, responses, messages or other materials communicated, submitted or transmitted by you, respondents to or recipients of the forms created as a result of your use of the Website or the Service) which you create and upload onto either the Website or the Service, or created by respondents to forms created as a result of your use of the Website or the Service (“User Generated Content”), and do not guarantee the accuracy, integrity or quality of such User Generated Content. You must acknowledge, you are solely responsible for ensuring the backing up of any User Generated Content which has been uploaded by you upon this website or to which you have received through the use of any Service. Focus Planting Australia is not liable for the deletion or failure to retain User Generated Content.
User contributions must be accurate and factual nature; genuinely accountable to the user’s position and comply with the law within Australia and in any other country that they are posted. Contributions must not: contain any material that defames any person; contain any material which is obscene, offensive, hateful or inflammatory; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age infringe any copyright, database right, trademark or other intellectual property right of any other person; possible to deceive any person; be made in breach of any legislative duty owed to a third party; be likely to bully, annoy or humiliate another person; be used to impersonate any person, misrepresent your identity or affiliation to any person; be threatening, abusive, or negatively affect the mental state in another person;  advocate, promote or assist unlawful activities not limited to copyright infringement or cybercrime.
Focus Planting Australia reserves the right to determine whether a breach of the user contributions activities has occurred through your use of the Website and Services. If and when a breach of these user contributions occur, Focus Planting Australia may take actions to which we deem as appropriate. This may result in one or more of the following actions: withdrawing your right to use our site (immediately, temporarily or permanently); removing any material that is uploaded by you onto the site (immediately, temporarily or permanently), issuing a warning to you, applying legal proceedings to you for reimbursement of all costs on indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and, disclosure of information to law enforcement authorities as we reasonably feel necessary. Focus Planting Australia excludes any and all liability for actions taken in response to the breaches of the User Generated Content contribution requirements. Focus Planting Australia may take any other action reasonably deemed appropriate.
Data collection:
You acknowledge that Focus Planting Australia’s website may collect data relating to your browsing activity and interactions on this Website. You consent to our use of that data for purposes relating to enhancing the website experience through the modification and development of modifying the information or content, products and services. Such data may also be used to enhance the security of this website for the optimal provision of Focus Planting Australia’s products and services. Further information regarding how Focus Planting Australia treats and handles personal information is available on the Privacy Policy. Focus Planting Australia treats personal information with respect. To better understand how your personal information will be treated as you browse and interact with the Focus Planting Australia website, please see our Privacy Policy.
Limitation of liability, and disclaimers:
Information or materials on this website that you use, or review is pursued entirely at your own risk to which Focus Planting Australia will not be held liable. You must take full responsibility to ensure Focus Planting Australia’s products, services or information available through the website align and meet your requirements.
Focus Planting Australia will not be held liable for any claims, penalties, loss, personal injury or death, damages, costs, or any other financial loss that may arise out of or in connection to your use of the Website. This includes without limitation, direct or indirect losses, consequential loss or damage, loss of data, loss of profit or goodwill, loss arising from any errors or omissions in the Website, or loss arising from use or inability to use the Website, access information and services therein. Focus Planting Australia does not warrant that this website or server that operates it us free from corrupted materials and viruses, occasional outages, or disruptions which in turn may prevent you from visiting, browsing, or accessing this Website. Focus Planting Australia is also not liable for any results pertaining to hardware or software incompatibilities that may arise when accessing or browsing the website. Nor is Focus Planting Australia to be held liable for any damage or financial loss that may result from the transfer of harmful information to your technology system.
As this is an online website, communication of information via the internet may be subject to experiencing delays in the transmission of information. Focus Planting Australia will not be held liable for any interruption experienced in the processing of your order which may cause or result in financial losses at an individual or third-party level.
Links to other websites:
At any instance, the Focus Planting Australia website may also include links to other websites which are operated by third parties (“Third Parties Websites”). These links are provided for your convenience to provide further information and do not signify that Focus Planting Australia endorse or approve the website(s) content including information, graphics and material. Subject to applicable law which cannot be excluded, Focus Planting Australia makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of the products, services and information available on the Third-Party Websites
- that the information and content appearing on the Third-Party Website does not infringe the intellectual property rights of any individual. Focus Planting Australia neither authorises the reproduction of Third-Party Material by linking this information on the Focus Planting Australia website to the Third Party Website
When you follow through Third-Party links which are listed on the Focus Planting Australia Website, material supplied by the Third-Party may be displayed in your browser and may or may not reference to Focus Planting Australia. Such activities are still covered under this section of the Terms and Conditions named, “Links to Other Websites”.
Focus Planting Australia may have monetary agreements with the Third-Party Websites as a result of you linking to the Third-Party Website from this Focus Planting Australia website.
However, your access to the Third-Party website it your responsibility and all activities are governed by the Terms and Conditions pertaining to that Third-Party Website. As a user, you may not create a link to this Website from another website or document without our prior written consent.
User conduct:
As the user of this website, you must take full responsibility for your actions. You may not participate or pursue activities relating to posting or transmitting any communication or solicitation with the motivations or intentions to obtain information from another user. Thus, in accessing this website are not authorised to:Â
- disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
- disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
- upload, post, transmit or communicate files, worms or viruses through the Focus Planting Australia website that are harmful, disruptive, or destructive in nature;
- worms or viruses or any code of a destructive nature;
- attempt to access or use another User’s Account, password, or system;
- use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Focus Planting Australia, Website, Services, Content, User Content, system resources, accounts, passwords, servers;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website or any part thereof;
- use this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
- attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
- use this Website in any way that violates these Terms of Use.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services. Unauthorised use of this website may give rise to a claim for damages and/or legal consequences with regards to criminal offences.
Indemnity:
You acknowledge and agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third-party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Focus Planting Australia Website, your breach of these Terms and Conditions, or your breach of any rights of third-parties.
Currency:
Focus Planting Australia operates with reference to the Australian currency as indicated by the usage and reference of the following concepts: “$” or “dollars”.
Termination and suspension:
Focus Planting Australia reserves the right, without notice and in sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through the Focus Planting Australia Website at any time. An example of situations which may lead to the termination and/or suspension of the services offered through this website may include if your server is involved in any attack on any technology or computer system, that may or may not be within your knowledge or complicity, may result in that server to be blocked or result in a reduction in access or shutdown of the website while the problem is being investigated or fixed. All provisions outlined within the Terms and Conditions, which by nature should survive termination shall survive termination.
Severability:
If any parts of these Terms and Conditions are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms and Conditions, and it will not affect the validity and enforceability of the remaining provisions.
Waiver:
No waiver by Focus Planting Australia of Focus Planting Australia’s rights under these Terms and Conditions shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
Applicable law:
Focus Planting Australia’s Terms and Conditions are governed by and construed in accordance with the laws of South Australia, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of South Australia, Australia.
Online Store Terms:
By placing an order on the Focus Planting Australia website, you are offering to purchase a product and subject to these Terms and Conditions and product availability.
Order Processing and Cancellation:
Focus Planting Australia (FPA) reserves the right to refuse, cancel and refund orders at any time. FPA may in sole discretion, limit or cancel quantities purchased per person, per geographical location or per order. These restrictions may be inclusive of orders placed under the same customer details, the same credit card and/or orders that use the same billing or shipping address. In the situation that Focus Planting Australia modifies or cancels an order, Focus Planting Australia will attempt to communicate this to you via email, and/or the billing details or phone number which was provided at the time the order was created. Focus Planting Australia reserves the right to limit, modify or prohibit orders that in the sole judgement of Focus Planting Australia resemble an order placed by a dealer, reseller or distributor. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates and billing addresses to assist with the transaction’s completion and for communication purposes as necessary.
Modifying or cancelling your order:
If you wish to update your order details, please contact the Focus Planting Australia team on phone or email. A quote of the order confirmation number and other relevant details may be requested to support the process.
Discounts, Coupons and Sale Offers:
From time to time, the Focus Planting Australia website may have special pricing activities associated with discounts, offers and sales. The special terms and conditions associated with such activities and promotions featured on the Website will be provided within the details of this policy.
Discounts or Coupon codes are to be used in accordance with the applicable instructions as advertised on the Focus Planting Australia website and within the details of this policy. Only a single discount code can be applied upon Checkout, thus one discount code or coupon per single transaction. For further information regarding discount codes such as the validity of these codes, please contact Focus Planting Australia by phone: 1300 476 993 or email at: contactus@focusplantingaustralia.com.au          Â
Contact Focus Planting Australia:
If you have any questions or concerns with regards to the Terms and Conditions, please get in contact with the Focus Planting Australia via our Contact Form.Â
Email: contactus@focusplantingaustralia.com.au
Phone: 1300 976 99-