Website Terms of Use

1. About the Website

Welcome to www.greenscience.com.au (the 'Website'). The Website provides information regarding the products and services that Green Science Australia and New Zealand Pty Ltd provides.
The Website is operated by Green Science Australia and New Zealand Pty Ltd (ABN 42 680 035 401). Access to and use of the Website, or any of its associated Products or Services, is provided by Green Science Australia and New Zealand Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
Green Science Australia and New Zealand Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Green Science Australia and New Zealand Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Green Science Australia and New Zealand Pty Ltd in the user interface.

3. Copyright and Intellectual Property

The Website, the Services, and all of the related products of Green Science Australia and New Zealand Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Green Science Australia and New Zealand Pty Ltd or its contributors.
All trademarks, service marks, and trade names are owned, registered, and/or licensed by Green Science Australia and New Zealand Pty Ltd. Green Science Australia and New Zealand Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Green Science Australia and New Zealand Pty Ltd.
Green Science Australia and New Zealand Pty Ltd retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
- a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
- a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
You may not, without the prior written permission of Green Science Australia and New Zealand Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

Green Science Australia and New Zealand Pty Ltd takes your privacy seriously, and any information provided through your use of the Website and/or Services is subject to Green Science Australia and New Zealand Pty Ltd's Privacy Policy, which is available on the Website.

5. General Disclaimer

Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
- Green Science Australia and New Zealand Pty Ltd will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.

6. Limitation of Liability

Green Science Australia and New Zealand Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Green Science Australia and New Zealand Pty Ltd, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages that may be incurred by you, however caused and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill, business reputation, data loss, or any other intangible losses arising from your use of the Website, Services, or reliance on any content provided by Green Science Australia and New Zealand Pty Ltd.

7. Indemnity

You agree to indemnify Green Science Australia and New Zealand Pty Ltd, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.

8. Dispute Resolution

Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
Resolution:
On receipt of that notice ('Notice') by the other party, the parties to the Terms ('Parties') must:
- Within 14 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If, after 14 days from the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or Conflict Resolution Service;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation. Each Party must pay their own costs associated with the mediation;
- The mediation will be held in Melbourne, Australia.
Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 14 days have elapsed after the start of mediation and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

9. Venue and Jurisdiction

The Services offered by Green Science Australia and New Zealand Pty Ltd are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

10. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding, or claim arising out of or in any way relating to the Terms shall be governed by the laws of Victoria, Australia.

11. Independent Legal Advice

Both parties confirm that the Terms are fair and reasonable and acknowledge having had the opportunity to obtain independent legal advice.

12. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.