Terms & Conditions
This website ("Springfern Website") is operated by Springfern (Aust) Pty Ltd (“Springfern”) under the domain name http://www.springfern.com/ and http://www.springfern.com.au/
By accessing, browsing, using or purchasing through the Springfern Website, you agree to the following Terms and Conditions as amended by Springfern from time to time and acknowledge that you have read, understood and agree to be bound by these Terms and Conditions, which include Springfern’s Privacy Policy located at http://www.springfern.com/Store/privacy.html.
1. Springfern Website and Materials
1.1 The information, graphics and materials on the Springfern Website ("Materials") are intended to inform you about the products and services available through the Springfern Website (“Products” and “Services”) and provide you with a mechanism to purchase Products online.
2. Representations and Warranties
2.1 The Materials on the Springfern Website are provided on an “as is” basis. Springfern makes no warranties or representations in connection with the Materials or the Springfern Website including but not limited to the quality, accuracy, completeness, merchantability or fitness for purpose of the Materials.
2.2 Springfern does not warrant or represent that the Springfern Website:
(a) is free from computer viruses, defects or errors;
(b) that you will not experience access delays or interruptions to the Springfern Website; or
(c) that any data transmitted will be correctly delivered and not corrupted, modified or destroyed.
2.3 The Internet is not a secure medium and communications to and from the Springfern Website may be intercepted or altered in transit. Springfern does not warrant that the Springfern Website is free from anything which may damage any computer which accesses the Springfern Website or data on such computer.
3. Limitations of Liability
3.1 To the maximum extent permitted by law, Springfern will not be liable to any person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to the Materials, Products, Services and/or any use of the Springfern Website. This includes, but is not limited to, the transmission of any computer virus.
3.2 To the maximum extent permitted by law, Springfern excludes all warranties or representations in connection with the Products or Services, including but not limited to warranties and representations as to the quality or fitness for purpose of the Products or the quality of the Services.
3.3 Where any law implies a warranty into these Terms and Conditions or liability cannot be excluded which may not lawfully be excluded, then to the maximum extent permitted by law, Springfern’s liability for breach of the warranty will at its option be limited to:
(a) resupplying the Materials or the payment of the cost of having them resupplied, where the breach relates to Materials;
(b) replacing or resupplying the Products or the payment of the cost of having them replaced or resupplied, where the breach relates to Products; or
(c) resupplying the Services or the payment of the cost of having them resupplied, where the breach relates to Services.
3.4 Under no circumstances will Springfern be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to use of the Materials, the Springfern Website, the Products or Services.
4. Links To or From This Website
4.1 You must not create or maintain any link from another website to the Springfern Website without Springfern’s prior written consent. Springfern is not liable for the content on websites which are authorised to contain a link to the Springfern Website.
4.2 Where the Springfern Website contains links to other websites, Springfern is not liable for the content on such websites.
4.3 Links and advertisements appearing on the Springfern Website do not constitute an endorsement by Springfern of the relevant content, product, service or supplier.
4.4 Springfern makes no warranties or representations that material on the web sites to which the Springfern Website is linked does not infringe the intellectual property or other rights of any person anywhere in the world and Springfern does not, and must not be taken to, authorise the infringement of any intellectual property or other rights contained in the material on such other web sites.
5. Copyright in the Materials and the Springfern Website
5.1 Unless otherwise indicated, Springfern reserves all copyright in the content and design of the Materials and the Springfern Website. Springfern owns all such copyright or uses it under licence or applicable law.
5.2 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 the Materials may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without the prior written permission of Springfern.
5.3 Springfern is the owner or licensee of several registered trademarks which appear on the Springfern Website (“Trademarks”). Unauthorised use of these Trademarks will infringe Springfern’s intellectual property rights.
5.4 Springfern reserves all other rights in the Materials and the Springfern Website.
6. Applicable Law
6.1 The law applicable to use of and disputes arising out of the Materials, the Springfern Website, the Products or Services is governed by, and construed in accordance with the laws of the state of Victoria, Australia.
7. Amendment to Terms and Conditions
7.1 Springfern may amend these Terms and Conditions at its discretion and from time to time, effective upon notification on the What's New page of the Springfern Website. Your continued use of the Springfern Website after any amendment to these Terms and Conditions becomes effective constitutes an agreement by you to abide and be bound by these Terms and Conditions as so amended.
