If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms of use, which together with our privacy policy govern WHOLESALE HORTICULTURAL GROUP’s relationship with you in relation to this website. By using this website, you consent to the processing of your personal information as described therein and warrant that all data provided by you is accurate. If you do not agree to be bound by these terms of use, then please immediately discontinue your use of our website.

The term ‘WHOLESALE HORTICULTURAL GROUP Pty Ltd’ (WHG) or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 3 Legacy Rd., Epping VIC 3076. Our company registration number is ACN 634 375 394 in the state of Victoria. The term ‘you’ refers to the user or viewer of our website.

We may amend these terms of use from time to time without notice. Any amendment will be effective immediately upon being posted on this website. Your continued use of this website after any amendment becomes effective will constitute your agreement to be bound by these terms of use, as amended.

The use of this website is subject to the following terms of use:

Purchase of Goods

1. All purchases are subject to our Terms and Conditions available here Terms and Conditions

Privacy

2. We may collect, use, store, record and transmit your personal information entered on this website. For further details, our Privacy Policy sets out how we will use your personal information and can be found at Privacy Policy. Your continued use of the website and the provision of your personal information constitutes your approval for us to deal with your personal information in accordance with these terms of use and the Privacy Policy.

Disclaimer

3. We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this website (information) or that it is suitable for your intended use. The information is provided by us in good faith on an “as is” basis without warranty of any kind.
4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms of use.
5. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, more complete or more timely resources of information.
6. The website may contain historical information that is not current and is provided for reference purposes only.
7. The Information does not constitute professional advice or advice about the suitability of its products for your or any circumstances.
8. We do not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this website and the Information is at your own risk.
9. We reserve the right to vary or modify the Information contained on this website, to change or discontinue any feature or part of this website, to change the hours of availability and the equipment required to obtain access to this website, without notice and without liability.
10. We make no warranties, guarantees or representations that the material in this website will not cause damage or that material is free from any computer virus or other defects. It is your responsibility to complete a virus and similar checks on any Information downloaded.
11. All warranties, representations and implied terms and any liability which may arise in relation to your access to or use of this website or the Information is expressly excluded to the extent permitted by law.
12. We reserve the right to suspend or terminate your access to the website at our sole discretion for any reason.
13. We will use reasonable endeavours to ensure that the website is available continuously, however we do not guarantee that access to the website will be continuous or uninterrupted.

Limitation of Liability

14. We will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information on this website or the selection of goods or services referring to it. Under no circumstances will we be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of this website results in the need for servicing or replacing of equipment, we will not be liable for those costs.
15. Where liability cannot be excluded, to the extent permitted by law any liability incurred by us is limited to the re-supply of the Information on the website or the reasonable costs of having the Information re-supplied.

Links to other Sites

16. Unless expressly stated, hyperlinks to third-party websites contained within the website are not maintained or controlled by us. These third-party hyperlinks are provided as a reference solely for your convenience. As a result, we make no warranties about third party websites, nor do we accept any liability or responsibility for or endorse the content or use of these websites. If you enter a third-party website from this website, you do so at your own risk. We take no responsibility for any virus, hacking or breach of security arising from the use of any such hyperlinks.

Intellectual Property

17. The copyright in the content of this website is owned by us and/or our affiliates. All rights reserved.
18. You acknowledge and agree that all content, coding, graphics, images, animations and Information available on this website is protected by copyright, trade mark or other intellectual property rights and laws.
19. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without our prior written consent. However, you may download and print these terms of use for your personal non-commercial use.
20. You expressly acknowledge that your use of this website does not result in you gaining any right, title or interest to the Information or any other aspect of the website.
21. Commercial use of the website and the Information is expressly prohibited.
22. All trade marks and trade names which appear on this website are proprietary to us and/or our affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this website should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

Spam

23. Any publication of our e-mail address on this website is to facilitate communications relating to the goods and services supplied by us. It must not be inferred as consent by us to receive unsolicited commercial electronic messages.

Access to password protected / secure areas

24. The access and use of password protected/secure areas on the website is restricted to authorised users only. Any unauthorised attempt to access these areas of the website may be subject to prosecution.

Miscellaneous

25. By accessing and using this website, you agree to submit to the exclusive jurisdiction of the Courts of the State of Victoria, Australia / the Courts of New Zealand. If you access this website from other jurisdictions, you are additionally responsible for compliance with local laws.
26. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
27. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) are valid and enforceable.
28. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or party of the same or other provisions or delayed or omitted to exercise its rights.
29. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.