TERMS AND CONDITIONS
Welcome to www.nevadiegreenery.com
Woodman Importing Pty Ltd (ACN 624 625 387) as trustee for the Woodman Family Trust and its related and associated entities ("Woodman") provide website features and other products and services to you when you visit or shop at (the "website"), use Woodman products or services or use software provided by Woodman in connection with any of the foregoing (collectively "Woodman Services").
The Woodman Services include the information, content, materials, products, and software included on or otherwise made available to you through the Woodman Services and references to the Woodman Services in these Terms and Conditions include any or all of these.
Woodman provides the Woodman Services and sells our products/services to you subject to the conditions set out on this page.
Conditions of Use
Please read these conditions carefully before using Woodman Services. By using Woodman Services, you agree to be bound by these conditions.
We offer a wide range of Woodman Services, and sometimes additional terms may apply. When you use a Woodman Service, you will also be subject to the terms and conditions and policies applicable to that Woodman Service ("Service Terms"). Our help pages may contain Service Terms and other important information relating to your use of the Woodman Services. If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will always prevail to the extent of any inconsistency.
2. ELECTRONIC COMMUNICATIONS
When you use any Woodman Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Woodman Services. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any Woodman Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Woodman or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.
Other than to the extent necessary to use any Woodman Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any Woodman Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any Woodman Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Woodman Service or its content without our express written consent.
All trademarks not owned by Woodman that appear in any Woodman Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Woodman. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of Woodman without our express written consent. You may not use any meta tags or any other "hidden text" utilising Woodman ’s names or trademarks without our express written consent.
5. RIGHTS OF ACCESS AND USE
Woodman or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the Woodman Services. The right granted to you does not include any license or permission to use the Woodman Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any Woodman Service or any part thereof.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Woodman or its licensors, suppliers, publishers, rights holders, or other content providers.
You may not misuse the Woodman Services. You may use the Woodman Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by Woodman under these Conditions of Use terminate if you do not comply with this clause 5.
6. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the relevant section of our website.
You may not use any Woodman Service: (i) in any way that causes, or is likely to cause, any Woodman Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Woodman Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Woodman Service, the circumstances and our assessment of relevant factors. Suspension or termination of an Woodman Service may occur in connection with, or result in suspension or termination of other Woodman Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Woodman Service, cease using any Woodman Service, terminate your account or the Woodman Service, or remove or edit certain content and material you post (each as permitted by that Woodman Service).
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Woodman a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Woodman , its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Woodman, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Woodman for all claims brought by a third party against Woodman arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
8. INTELLECTUAL PROPERTY CLAIMS
Woodman respects the intellectual property of others. If you believe that an item or information on any Woodman Service infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Rights Infringements as set out in clause 19 below.
9. EXPORT POLICY
Woodman sells and delivers products Australia wide.
10. OTHER BUSINESSES
Parties other than Woodman may operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
11. DISCLAIMER AND LIABILITY
Unless otherwise specified in writing, Woodman disclaims, and does not make, any representation or warranty of any kind in respect of the Woodman Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the Woodman Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the Woodman Services.
Woodman will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any Woodman Services, (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an Woodman Services, we limit our liability to the amount you have paid to us for the relevant Woodman Service.
Nothing in these conditions is intended to (i) override any express commitments Woodman gives to you for particular Woodman Services (for example, commitments Woodman gives to provide a refund of fees in certain circumstances) or (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.
12. APPLICABLE LAW
The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its related entities’ or any third party's intellectual property or other proprietary rights.
13. WOODMAN SERVICES
We reserve the right to cease providing any Woodman Service to you, to discontinue any Woodman Service and to make changes to any Woodman Services at any time. Your access to Woodman Services may be suspended or restricted in accordance with these Conditions of Use and the applicable Service Terms, and as necessary for our business operations including without limitation to allow for repairs, maintenance or the introduction of new features or services.
We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on our website. You will be subject to the Conditions of Use and Service Terms made available on the website at the time that you use the Woodman Services. You may at any time, cease using any Woodman Services, terminate your account or the relevant Woodman Service (in accordance with Section 6) including in the event of any such change.
If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Woodman Services only with the involvement of a parent or guardian.
18. OUR CONTACT DETAILS
Address for service of notices for Woodman Pty Ltd:
86/100 Robina Town Centre Dr, Robina QLD 4226
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS
If you believe that your rights are being infringed, you may fill out and submit a notice to us and the address stated below. We respond expeditiously to rights owners and their agents who complete and submit a notice to communicate concerns about any alleged infringement to Woodman.
Upon receipt of a notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a notice, you grant to Woodman the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Woodman for all claims brought by a third party against Woodman arising out of or in connection with the submission of a notice.
Important Warning: giving false, misleading or inaccurate information in the notice to Woodman may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
20. ADDITIONAL WOODMAN SOFTWARE TERMS
1. Use of the Woodman Software. You may use Woodman Software solely to use and enjoy the Woodman Services as provided by Woodman, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Woodman Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Woodman Software or otherwise assign any rights to the Woodman Software in whole or in part. You may not use the Woodman Software for any illegal purpose. We may cease providing any Woodman Software and we may terminate your right to use any Woodman Software at any time. Your rights to use the Woodman Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Woodman Software that are specifically identified in related documentation may apply to that Woodman Software (or software incorporated with the Woodman Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Woodman Service is the property of Woodman or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the Woodman Software, whether in whole or in part, or create any derivative works from or of the Woodman Software.
4. Updates. In order to keep the Woodman Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale
These Conditions of Sale govern the sale of products on www.nevadiegreenery.com by Woodman to you.
Please read these conditions carefully before placing an order for products/services sold by Woodman , by placing an order you agree to be bound by these conditions.
1. OUR CONTRACT
With respect to products and services sold by Woodman, your order is an offer to us for you to buy the product(s)/service(s) in your order. When you place an order to purchase the product(s)/service(s) from us, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain Woodman Services the Order Confirmation may be posted on a Message Centre on the Woodman website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm our acceptance of your offer to buy the product(s)/service(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product(s)/service(s) to you and send e-mail confirming that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with Woodman.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format.
PAYMENT & RISK
Unless otherwise agreed to in writing with Woodman, payment for any product(s) and/or services must be made to Woodman before we dispatch the product(s) to you. Risk in the product(s) passes to you when the product(s) are despatched to you.
2. CANCELLATION AND RETURNS POLICIES
Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
the supply of goods made to your specifications or clearly personalised;
the supply of goods which may deteriorate or expire rapidly;
a service if Woodman has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started.
You may only return defective goods within 7 days of receipt of delivery for a full refund of the purchase cost of the item. You will still be responsible for all freight costs (including the cost of return of goods).
STATUTORY RIGHTS AND REMEDIES
Our cancellation policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law.
3. PRICING & AVAILABILITY
All prices are exclusive of GST unless otherwise specified. Any and all prices and/or price lists may change without notice for any reason.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
4. DISCLAIMER AND LIABILITY
Unless otherwise stated in writing, Woodman disclaims, and does not make, any representation or warranty of any kind in respect of any product we offer on the website or that you may order from us. Woodman will not be responsible for (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses; or (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
Unless otherwise stated in writing, our liability to you for any loss arising from or relating to the offer or sale of any product/service by us on the website is limited to a refund of the relevant amount paid for the product/service.
The disclaimers, exclusions, and any other limitations on Woodman ’s liability in this Section do not override any express commitments Woodman gives to you.
Nothing in these conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.
5. APPLICABLE LAW
The laws of Queensland govern this Agreement and any dispute of any sort that might arise between the parties. Any dispute relating in any way to this Agreement will only be adjudicated in the courts of Queensland. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights.
We reserve the right to make changes to our website, these Conditions of Sale, our policies, and our trails at any time by posting the changes on our website. You will be subject to the Conditions of Sale and policies available on the site at the time that you order products/services from us.
If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may only use www.nevadiegreenery.com with the involvement of a parent or guardian.
10. OUR CONTACT DETAILS
Our contact details are:
For general inquiries: Here
Address for service of notices for Woodman:
86/100 Robina Town Centre Dr, Robina QLD 4226