This web site (the "Web Site") is owned and operated by Botanica Editions as a division of Ayus Holdings Pty Ltd (ABN 48 715 761 719) ("we/us"). The use of this Web Site is governed by the following terms and conditions, as amended by us from time to time (the "Terms and Conditions").
By using the Web Site, you acknowledge that you have read and understood these Terms and Conditions, and agree to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using the Web Site. If you do not agree with these Terms and Conditions you must immediately stop using the Web Site.
We do not represent or warrant that the Web Site will be accessible or available on a timely basis, or that access to the Web Site will be uninterrupted or error free. Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Web Site. We may modify or close down the Web Site (or part of it) at any time without any liability on our part.
Products advertised are affected by seasonal factors and may not be available; please contact us to confirm availability of the product.
This Web Site may contain links to other web sites maintained by third parties. We do not make any representation as to the accuracy or suitability of any of the information contained on those other web sites, and do not accept any responsibility or liability for the conduct of those third parties or content of those other web sites.
If this site contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this site does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Unless otherwise indicated, intellectual property in all information, data, images, logos and trade marks contained in this Web Site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using this Web Site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of this site without our prior written consent, please call us on +61 3 9376 9311 between 9:00 AM and 4:00PM AEST.
You must not use any trade marks, service marks or logos which appear or are used on this Web Site, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of this Web Site (other than solely for your own personal domestic purposes) without our prior written consent.
We do not warrant that any data (including any file) obtained through this Web Site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Web Site.
Cookies are data files stored on your computer after you access certain web sites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again. Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site. Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies. This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate web site, such as Cookie Central.
While we will attempt to ensure that the information provided on the Web Site (including illustrations and specifications for products) is correct, we cannot guarantee its reliability, accuracy or completeness. The information provided on the Web Site should not be considered advice of any nature. Such information is provided on an "as is" basis, without warranties of any kind, either express or implied.
In no event shall we, or any of our subsidiary companies or each of our respective officers, employees, agents, contractors or agents (altogether "Company and Staff") be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to, your use or non-use of the Web Site, or your reliance upon information contained upon the Web Site. Without limiting the previous sentence, the Company and Staff will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:
a failure to receive any electronic message from you or any other person using the Web Site, or any corruption of any such message;
b inaccuracy of any information contained on the Web Site;
c action taken by you as a result of information contained on the Web Site;
d temporary or permanent unavailability of the Web Site;
e interception of, or any other unauthorised dealing with, any electronic message sent by you or any other person using the Web Site;
f defect in, or problem with, any computer system or communication link;
g delays in electronic communication; or
h unavailability of, or defect in, any products advertised on the Web Site.
The above does not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred on you, or implied by the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited to whichever we see fit to provide of:
a in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
b in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
You agree to indemnify the Company and Staff and keep the Company and Staff indemnified in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which the Company and Staff or any of them may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with regard to the Web Site (or any part of its content and functions) or your breach of these Terms and Conditions.
Your ability to access and use the Web Site may be terminated by us at any time without notice and without any liability to the Company and Staff. Any indemnities given by you and limitations on the Company and Staff's liability will survive such termination.
You must comply with all applicable laws, regulations, and codes in relation to your access to, or use of the Web Site.
A right relating to these Terms and Conditions may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in the State of Victoria, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State.
If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.