Terms and conditions.

Introduction

These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you must not use this website.

In these terms and conditions, "WormGro", "we", "us" and "our" mean the operator of wormgro.com.au (ABN 39 671 404 907), maker of WormGro at Kookaburra Worm Farms, Gin Gin, Queensland.

Licence to use the website

Unless otherwise stated, we and/or our licensors own the intellectual property rights in the website and the material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website, including republication on another website;
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, on or in relation to this website without our express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of this website may be restricted. We reserve the right to restrict access to areas of this website, or indeed this entire website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material, including without limitation text, images, audio material, video material and audio-visual material, that you submit to this website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe the legal rights of any third party, and must not be capable of giving rise to legal action whether against you or us or a third party, in each case under any applicable law.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Products, pricing and delivery

Prices shown on this website are in Australian dollars and include GST. The price that applies to an order is the price shown on the website at the time the order is placed. Delivery of drums and shuttles is typically 5 to 10 working days; 1L packs ship by express post at no charge within Australia; 1000L shuttles are freighted at a flat rate of $500 to New South Wales, Victoria and Queensland. Prices, sizes and shipping arrangements may change from time to time.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or agronomic matter you should consult an appropriate professional.

Limitations of liability

We will not be liable to you, whether under the law of contract, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this website:

• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, including any guarantee under the Australian Consumer Law; and nothing in this website disclaimer will exclude or limit our liability in respect of any:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation on our part; or
• matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as us.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of Queensland, Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Registrations and authorisations

We are registered with the Australian Business Register. Our Australian Business Number (ABN) is 39 671 404 907. You can view the register entry at abr.business.gov.au.

Our details

You can contact us by email at george@wormgro.com.au, by phone on 0427 573 424, or by post at Kookaburra Worm Farms, Mulgrave Street, Gin Gin QLD 4671.