If you access this Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.
1. Content on this Website
Material or information (“Content”) on the Website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. We do not warrant the accuracy, completeness or adequacy of the content in this Website. You should make your own enquiries before entering any transaction on the basis of the content on the Website.
2. Copyright in material on the Website and restriction of use
You acknowledge that the Website is subject to copyright and possibly other intellectual property rights (“Intellectual Property Rights”). Save and except for any third party copyright included on the Website under a licence or agreement, all the content of the Website and downloads from it, is owned by Absolutely Beautiful Flowers. All rights reserved.
Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any content may in any form or by any means (including electronic, mechanical, micro copying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.
We grant you permission to do the following with the content unless otherwise indicated:
- store a reproduction of the content on your local computer for the sole purpose of viewing it,
- print hard copies of the content for non-commercial use or personal use only,
- reproduce or distribute any complete page of the content so long as:
◦ you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document
◦ you do not modify the copy from how it appears on the Website (unless we expressly authorise it)
◦ the copyright notice appears in its entirety in each copy made or distributed, and
◦ the content is appropriately attributed to us.
Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the content on the Website including audio and video excepts without our prior written approval.
Subject to applicable law, we may revoke the permissions referred to above at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website without notice.
3. External links and advertisements
The Website contains links to websites maintained by other organisations over which we have no control. We do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.
We make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked. You should refer to the relevant external site or advertiser for information on its products and / or services.
4. Linking to this Website
We encourage you to provide links to this Website. While you may use the name “www.absolutelybeautifulflowers.com.au” in the text of any such link, you may not use the Absolutely Beautiful Flowers logo or any of our other trademarks without our prior written consent. You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
5. General restrictions
In using the Website, you must not: (i) violate any applicable laws; (ii) use the Website for any purpose that is threatening, libellous, defamatory, abusive, obscene, vulgar, pornographic, profane, racist, indecent or infringing of another person’s rights; (iii) distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software; (iv) collect or store personal data about other users of the Website; or (v) engage in any other conduct that inhibits any other person from using or enjoying the Website.
6. Warranties and liability
In particular, and without limiting the previous paragraph: (i) while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website or the server from which it operates are free of viruses or other harmful components; and (ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet). We recommend that you install and use up-to-date anti-virus and firewall software on your computer.
Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include: (i) special, indirect, consequential, incidental or punitive damages; or (ii) damages for loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, harmless from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.
8. Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
You may be required to register before you can contribute to this website (e.g. post comments on the Website), this may involve providing your personal information to us or our nominated service provider. You agree that any registration information provided will be truthful and up to date.
By submitting content to the Website, you: (i) grant us a perpetual, worldwide, royalty free, irrevocable and transferable licence in all media to use, reproduce, modify, adapt, publish and display the content for any purpose without compensation, restriction on use, attribution or liability; and (ii) warrant that the content is yours and does not (nor will our use of the content under the above licence) infringe the rights or privacy of any third party.
The comments and content contributed by users of the Website does not necessarily reflect our views. While we use reasonable efforts to make sure such content is appropriate, we are not responsible or liable for the conduct of others.
10. Force majeure
Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.