All information and services (including but not general information, and other content) on the Website is provided as a convenience to you.
In placing the information on the Website, iCultivate does not accept any liability (direct or indirect) for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any information, or any error, omission or defect in the information, contained on the Website.
Information contained on the Website should not be relied upon and you should make your own enquiries in respect of any services or information offered on the Website and seek legal advice should you wish to use it for your own purposes.
HYPERLINKS TO THIRD PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than iCultivate. Such hyperlinks are provided for reference only and provided in good faith. iCultivate does not control such websites, and is not responsible for their contents. iCultivate‘s inclusion of hyperlinks to such websites does not imply any endorsement of the information or material available on such websites or any association with their operators, and you use such websites, including information, material, products and services contained in them, solely at your own risk.
In certain circumstances iCultivate may receive a commission, fee or reward for a hyperlink, pointer or other introduction to a third party website. iCultivate is not liable to disclose the basis of such commission, fee or reward except as may be and only to the extent required by law.
USE OF WEBSITE
As a condition of your use of the Website or any services on the Website, you warrant to iCultivate that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. In particular, but without limitation, you agree not to:
- use the Website to defame, abuse, harass, store, threaten or otherwise offend others;
- publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- write political, religious, or moral comments or opinions.
- use any automated scripting tools or software other than those tools provided on the website;
- engage in or promote any unsolicited emailing or spamming via the Website;
- impersonate any person or entity;
- in any way make available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.
iCultivate supports 'healthy' debate. However, in addition to the above, you agree to only post information, be this as questions or answers within a discussion, group, page or any other section of the iCultivate community or within an article that you author, that is relavent to the topics of gardening and sustainability.
iCultivate reserves the right to remove any content that in our view violates any of these conditions.
CHANGES TO SITE
iCultivate may make improvements or changes in the information, services, products, and other materials displayed on this Website, or terminate this Website, at any time without notice. iCultivate may modify the terms and conditions of access to and use of this site at any time, and such modifications will take effect immediately upon posting of the modified terms and conditions on this Website. Accordingly, you agree to read the terms and conditions on a regular basis, and your continued access or use of this Website will be deemed to be your acceptance of the modified terms and conditions.
You agree to indemnify and hold iCultivate and its officers, employees, and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered in any claim or legal proceeding which may be brought or threatened from your use of or conduct on the Website and/or a breach of any of the terms and conditions in relation to the Website.
These terms and conditions and the resolution of any dispute between iCultivate and you will be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. iCultivate‘s failure to insist upon strict enforcement of any provision of these terms and conditions will not constitute a waiver of any provision or right. Any legal action or proceeding between iCultivate and you related to these terms and conditions will be brought exclusively in a court of competent jurisdiction in Australia.
LIMITATION OF LIABILITY
iCultivate does not exclude any rights or remedies available to you under the Trade Practices Act or similar State or Territory legislation which cannot be excluded, restricted or modified at law. Otherwise, iCultivate and its officers, employees, and agents exclude all conditions and warranties in connection with the ownership and operation of the Website including those which may be implied by law. You expressly agree and understand that in no circumstances will iCultivate or its officers, employees, or agents be liable to you for any indirect, incidental, special and/or consequential loss or damage of whatever nature which arise or result from:
- the use of or access to or any inability to use or access the Website or any material on the Website;
- unauthorised access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Website.