TurfBreed Pty Ltd (‘TurfBreed’, ‘we’, ‘our’ and ‘us’) owns and operates the website located at www.myhometurf.com.au including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, applications, APIs and widgets (‘Website’). By visiting, accessing, browsing, viewing, using and/or otherwise engaging with (‘Using’) the Website (including by contacting us via the Website, using the contact details located on the Website or by purchasing any goods from the ‘My Home Turf’ e-commerce shop which is accessible via the Website), you agree to these Website Terms, which include our privacy policy and collection statement located at [insert URL], as amended from time to time (‘Privacy Policy’).
These Website Terms and the Privacy Policy are collectively referred to in this document as the ‘Terms’. You should carefully review the Terms, and, if you do not agree to them, you must immediately cease Using the Website.
The Terms may be amended at any time and we recommend that you refer to the Terms each time you Use the Website. The amended Terms will be effective from the date they are posted on the Website. Your continued Use of the Website will constitute your acceptance of the amended Terms. Any rights you have to Use the Website will immediately cease if you breach any provision of the Terms.
If you do not comply with the Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, including taking any action in the future.
You do not need to be a registered TurfBreed customer in order to Use the Website.
Additional terms and conditions apply to customers of TurfBreed who purchase goods from the ‘My Home Turf’ e-commerce shop, which are contained in separate documents including Customer Terms.
If you would like to contact us, including in order to apply to become a customer of TurfBreed, you can contact us via the contact details provided on our Website. By providing us with your contact details you agree that we may send you marketing and promotional messages and other information in accordance with the terms set out in our Privacy Policy.
You must ensure that any ‘personal information’ you provide to us (as that term is defined in our Privacy Policy), including your name, phone number, email address and postcode, is accurate and current. We will handle all ‘personal information’ we collect in accordance with our Privacy Policy. You warrant that:
The Website contains content provided to us by other parties (‘Third Party Content’). We have not independently verified any Third Party Content. We may also provide you with access to third-party tools over which we neither monitor nor have any control nor input and you acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis. To the maximum extent permitted by law, we are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content or third party tools, including any representations that the Third Party Content is true, accurate, complete or up-to-date. You rely on Third Party Content and use any third party tools completely at your own risk and discretion.
The Website may contain links to websites operated by third parties not affiliated with us. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Complaints, claims, concerns, or questions regarding Third-Party Content or any third-party tools, linked sites or other products should be directed to the third-party.
The information, data, content, materials and images on the Website, including Third Party Content (‘Website Content’) is not comprehensive. While we use reasonable attempts to check the accuracy of the information on the Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the Website Content. You should monitor any changes to the Website Content from time to time.
You should not rely on the accuracy of any Website Content, and you should make your own inquiries before making any decision.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the Use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your Use from the Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the Website and/or the Website Content (including the Terms and any product descriptions or information). We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted an order). However, we do not undertake to keep the Website or the Website Content updated. We are not liable to you or anyone else if errors occur in the Website Content, or if the Website Content is not up-to-date.
If we choose to run any campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and the Terms, those terms and conditions will prevail.
Unless otherwise indicated, the Website, its underlying code, all related technology, all content, materials and images in any format on the Website, all enhancements, modifications and derivative works, and all intellectual property rights in the foregoing (including without limitation trade marks, copyright, logos and design marks, service marks, trade names, business names, brand names, designs, domain names and all applications and rights to apply for registration of such intellectual property rights and the right to take action against any third party for infringement of any of those intellectual property rights) anywhere in the world, whether statutory, common law or otherwise (‘Our IP’), are owned by, or licensed to, TurfBreed or its related parties.
Your Use of the Website and use of and access to any of Our IP does not grant or transfer any rights, title or interest to you in relation to the Website or Our IP.
You must not infringe Our IP and must not modify, copy, republish, frame, distribute or communicate any part of Our IP without our prior written consent or otherwise Use the Website in a way which will infringe our intellectual property or other rights.
You must not reproduce or use Our IP for any purpose without our prior written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
In Using the Website you agree that you will not:
We reserve the right to exercise whatever means we consider necessary to prevent unauthorised Use of the Website, including instituting technological barriers, or reporting your conduct to any person, entity or governmental or other authority.
If you send us certain specific submissions or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to pay compensation for any comments or to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You may report any suspected violation of the Terms to us by emailing admin@turfbreed.com.au. We will investigate the matters and take any actions we consider appropriate.
The Website is provided ‘as-is’ and ‘as available’ without any express or implied warranty.
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or any Website Content, including but not limited to warranties or representations that they will be true, accurate, complete or up-to-date, that Use of them will be uninterrupted or error-free or free from viruses, or that the Website will be secure.
You acknowledge that Use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of our control.
We cannot ensure that any files you download from the Website will be free of viruses or contamination or destructive features or that the data you upload onto our systems will never be Used without our consent or that our systems are impenetrable.
We are not responsible for loss of or corruption of any data that is entered or uploaded by you or by a third party (including your employees, officers, contractors or customers) in relation to your Use of the Website.
We reserve the right to restrict, suspend or terminate without notice your Use of the Website, any Website Content, any feature of the Website and/or Our IP (including copyright material) at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) whether in contract, tort (including negligence) breach of statutory duty or otherwise arising out of, or in connection with, your Use of the Website and/or the Website Content, or as a result of the inaccessibility of the Website or any Website Content and/or the fact that certain Website Content (including Third Party Content) is untrue, incorrect, incomplete or not up-to-date.
If you constitute a consumer under the Australian Consumer Law while Using the Website and/or related goods or services, nothing in the Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to your Use of the Website or your acquisition of related goods or services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected goods or services again or paying the cost of supplying the goods or services again.
If any provision of the Terms (or part of such a provision) is unenforceable, that provision (or part) shall be deemed severed from the Terms and shall not affect the validity and enforceability of the remaining provisions (or of the remaining parts of the relevant provision).
Your Use of the Website, and the Terms, are governed by the laws of the State of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of its courts.
All provisions of the Terms that by their nature should survive termination of your Use of the Website shall survive including all limitations on liability, disclaimers, jurisdiction and governing law and intellectual property protections.
Any questions about these Terms should be sent to us at admin@turfbreed.com.au.
