PlantSelect Online Terms of Use

1. Your agreement with us

1.1
By using, accessing or purchasing services from the PlantSelect website at www.PlantSelect.com.au (“Website”) and/or mobile application (“Application”), including participating in the matching of plant requirements (“Service”), you agree to be bound by the terms and conditions set out below (“Terms of Use”).

1.2
In these Terms of Use, a reference to “we”, “us”, “our” and “PlantSelect” means Greener Publishing & Media Pty Ltd (ACN 131 112 635) as the context requires.

1.3
(a) A reference to “you” or “your” in these Terms of Use is a reference to a PlantSelect Website and/or Application user as nominated in the user details you use to apply for access, who has been provided with secure login details (in the form of an account number and password) to access, review or use the Service. By logging in and/or using the Website and/or Application or any aspect of the Service, you are agreeing to these Terms of Use.
(b) A reference to “landscape architects”, “landscape designers”, “landscapers”, “Councils”, “Parks and Gardens departments”, “landscape maintenance contractors” and “garden maintenance contractors” will be referred to as Landscapers.
(c) A reference to “plant grower”, “wholesale nursery”, “production nursery”, “retail nursery” and “plant supplier” will be referred to as Greenlife Supplier.

1.4
Except to the extent that these Terms of Use apply, or as required by law, your use of this Service and receipt of any information from us does not create any legal relationship between you and us.

2. What the Service does

2.1
The purpose of our Service is to provide an online database of plants grown in Australia for selection by the Landscapers and matched to Greenlife Suppliers.

2.2
PlantSelect allows Greenlife Suppliers to upload their growing plant list, either via Microsoft Excel spreadsheet or by emailing PlantSelect (“Plant List”). The Plant List will then be ready to be matched and advertised as plants that are available for purchase by Landscapers.

2.3
PlantSelect allows Landscapers to select plants from the online database on the Website or the Application and save the selected plants to a template (“Requirement List”). Landscapers can then submit the Requirement List in order to be matched with the Greenlife Suppliers’ Plant Lists on the database. Greenlife Suppliers will then receive an email and SMS message (charges may apply) notifying them of a new Requirement List that their Plant List matches with. Landscapers will also be able to select the method by which they wish to receive quotes from Greenlife Suppliers for the plants in their Requirement List. A maximum of 5 quotes can be provided to a Landscaper, all of which will be Greenlife Suppliers based in a similar location as the Landscaper or the project.

3. What the Service does not do

3.1
PlantSelect has no control over or interest in any plants, stock or other products shown on the Website and/or Application and we do not endorse any claims made in respect of said plants, stock or products. We are not an agent for any Greenlife Supplier, nor do we offer plants, or any labour-based services in relation to landscaping, landscape designing, growing or nurseries. PlantSelect allows Landscapers, Greenlife Suppliers and other users to provide information and use the PlantSelect Website and/or Application, but we do not check or verify information, and we make no representation as to its accuracy, reliability or relevance. We do not make any commitment that actual plants match the description, specifications, photos (if applicable) or other details as shown on the Website and/or Application. Landscapers may make their own enquiries of Greenlife Suppliers on all these matters.

4. Use and Access of Online Portal

4.1
You may access our Website and/or Application and our Service at any time, unless we have restricted access in order to perform necessary maintenance, updates or upgrades. Your ability to access our Website and/or Application and our Service will otherwise depend on factors out of our control and we do not take or share any responsibility for those factors such as the quality of your internet connection, handset and the state of your hardware.

4.2
Through our Website and/or Application, you may view, cache, browse, display, print or download a copy of any content featured on our Website to your computer, PROVIDED THAT YOU:
(a) use it for the purposes described in clause 2.1 to 2.3 only, and not for purposes that involve the re-sale or re-packaging of our Service, or may prejudice the reputation or interests of PlantSelect;
(b) keep your account username and password secure. You must not share your password with any person. You may only use your own account, and must not use or access any other person’s account, except where you have been authorised by the initial account holder as an additional user;
(c) do not hide, deface, alter or delete any copyright symbol, trade mark or other proprietary rights notice;
(d) do not use or access our Website and/or Application in a manner or for a purpose contrary to the law;
(e) do not hack into, change or otherwise knowingly transmit a virus or otherwise damage our Website and/or Application or any information contained within either;
(f) do not link it to another website and/or application; and
(g) do not breach any other terms of these Terms of Use, or our Privacy Policy which appears on our Website and/or Application, or any other agreement you may have in place with PlantSelect in respect of procuring the Service.

5. Responsibilities of the Online Users

5.1
You may apply electronically for use of our Service and elect to register as a Landscaper or Greenlife Supplier.

5.2
You are responsible for your own user account. PlantSelect takes no responsibility for the level of access granted to staff members, employees or associates to access and/or use an account and provide data to us. If you are an incorporated entity, you authorise the users of the Website and/or Application to access and use the Services we provide on your behalf, with binding contractual effect.

5.3
(a) You must ensure that your login identification details and password that are used to access the Website and/or Application and the details of your account are kept in a safe and secure manner.
(b) You must notify PlantSelect if you are or become aware that there is or has been an unauthorised use of your login identification details and password or account, or any other security breach relating to your account.
(c) You must promptly advise PlantSelect of any changes to your information provided to PlantSelect as part of the subscription processes.
(d) You are responsible for any costs associated with your access to or use of the Website, including internet access fees.
(e) You are responsible and liable for any person that uses your login identification details and password or account including without limitation downloading, accessing or updating a Requirement List or a Plant List.

6. Charges to Landscapers and Greenlife Suppliers for Services

6.1
For your use of the Service, you will be charged a service fee (“Service Fee”), which will be charged on an annual basis, commencing from the date of subscription. Services will not be provided until payment has been made in full. All subscriptions will be for a period of 12 months unless notified otherwise in accordance with clause 10.

6.2
In addition to a Service Fee, Greenlife Suppliers will also be charged a fee depending on the amount of plants they wish to upload (“Plant Fee”). Greenlife Suppliers will incur extra charges if they exceed the limit of plants available for upload pursuant to the Plant Fee.

6.3
Greenlife Suppliers will not have to pay an extra fee if they simply upload new plants in a Plant List which are not already in the PlantSelect database. However, Greenlife Suppliers will incur extra charges if they wish to include and promote any new plant releases via email to the Landscapers and on the Website and/or Application. New plant releases will be flagged as “new” for a 3-month period.

6.4
PlantSelect may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the Website and/or Application. Our fees are non-refundable after the feature is provided, and you are responsible for paying such fees when they are due.

7. Payment

7.1
The accepted methods of payment are as shown on the website from time to time and currently include payment via Visa and Mastercard. Payment made by some methods may incur a surcharge to the customer as imposed by PlantSelect or a payment services provider, and may attract GST if applicable.

8. Technical Information and Security

8.1
The transmission of data over the internet is not always secure. Although we endeavour to secure our Website and/or Application, we are not liable for any breaches of security and you use our Website and/or Application entirely at your own risk.

8.2
We do not warrant that the functions available on our Website and/or Application will be uninterrupted or error free, or free of viruses or programming bugs or interferences due to factors outside our control.

8.3
Your ability to access our Website and/or Application will depend on factors out of our control and we do not take any responsibility or provide any warranties that this Website will be accessible through all web browsers and handsets or that it will be accessible at all times.

8.4
You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

9. Intellectual Property

9.1
Our Website contains intellectual property including trade marks, confidential information and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those things.

9.2
All intellectual property on our Website and/or Application is owned by PlantSelect or licensed for use by third parties we deal with. Unless these Terms expressly permit, you must not copy, reproduce, on-sell, transmit, license, display or otherwise distribute any of that intellectual property in whole or in part without our prior written consent.

9.3
Regardless of original authorship, when any Landscaper, Greenlife Supplier or other user posts information, materials, data or content to this website, they assign full rights of ownership to PlantSelect, other than the right to further licence full ownership rights. PlantSelect may deal with such materials without seeking consent, or making acknowledgment, attribution or payment.

10. Suspension or Termination of Access and Spam

10.1
We reserve the right to suspend or terminate your account, access or subscription to our Service, Website and/or Application at our sole discretion if we believe that you have breached any of these Terms of Use.

10.2
When that happens, we will endeavour to notify you of the breach and ways in which you can remedy it.

10.3
PlantSelect does not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse PlantSelect’s systems, such as by sending unsolicited commercial communications (spam) to PlantSelect, another user or a third party.

11. Disclaimers

11.1
While we endeavour to ensure the accuracy and completeness of the information contained on our Website and/or Application, that information may contain errors and omissions and is liable to change. We make no warranties and accept no responsibility for any loss or damage you may suffer as a result of your reliance on any of the material on our Website and/or Application (including any as to the quality, accuracy, completeness or fitness for any particular purpose of such material).

11.2
Except to the extent required by law, the contents of our Website and/or Application are provided without any express or implied representations or warranties. We exclude all implied conditions and warranties relating to the content of our Website and/or Application to the extent permitted by law.

11.3
Where liability cannot be excluded, any liability incurred by us in relation to the use of our Website and/or Application or their contents is limited to an obligation to re-supply the Services or pay the cost of doing so, at our election, as provided under the Competition and Consumer Act 2010 (Cth).

11.4 To the maximum extent permitted by law:
(a) you agree that PlantSelect and its management, officers, employees, agents, contractors, service providers, successors or assigns will not be liable for any direct or indirect loss or damage, whatsoever (including through negligence) arising out of, or in any way related to, the use of our Website and/or Application;
(b) subject to clause 11.1, under no circumstances will we be liable for any incidental, direct, indirect, consequential, special, punitive or other losses, damages, liabilities, claims or expenses you or others may suffer including damages for loss of profits, loss of opportunity, business interruption or loss or corruption of data or information from the use of our Website and/or Application;
(c) we are not responsible to you or anyone else for any loss suffered in connection with the use of our Website and/or Application, any of their contents, or any third party website that may be linked on our Website, for any loss incurred as a result of damage to your or another person’s computer system or the transmission of any computer viruses; and
(d) you indemnify and agree to keep us indemnified against any loss or damage or costs incurred by us in connection with your breach of these Terms of Use or of any other legal obligation by you or your use of or conduct on our Website and/or Application or our Service.

12. Privacy Policy

12.1
Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from the following link: [insert].

13. General

13.1
These Terms of Use are in addition to, and not in derogation of, any other terms or conditions that appear elsewhere on our Website and/or Application, or in any other agreement with PlantSelect, and must be interpreted accordingly.

13.2
These Terms of Use may be varied from time to time, and this may occur without notice to you. When these Terms of Use are updated, we will endeavour to provide notice on our Website and/or Application, prior to you logging in to access our Service. Please ensure that you review these Terms of Use regularly as you will be deemed to have accepted a variation if you continue to use our Website and/or Application or our Service after a variation to the Terms of Use has been posted.

13.3
If any part of these Terms of Use is determined to be illegal, invalid or otherwise unenforceable or void, that part shall be severed to the extent necessary and the remainder of these Terms of Use shall continue in full force and effect.

13.4
No waiver of any breach of these Terms of Use will be construed as a waiver of any other breach of these Terms of Use.

13.5
In the case of providing the Services in Australia:
(a) the information on this Website (and/or on our Application) is provided for Australian users (accessing the Website and/or Application both in Australia and outside of Australia) and visitors to Australia (foreign person’s accessing the Website and/or Application whilst within Australia but only to the extent that they remain in Australia) only; and
(b) the Terms of Use shall be governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of that State.

13.6
If you have a query regarding these Terms of Use or for further information on using this Website and/or Application, please contact:
PlantSelect
Telephone: 0433 745 004
Email: enquiries@plantselect.com.au
Postal Address: PO Box 3153 ELTHAM, Victoria 3095