Privacy Policy and Terms of Service

Privacy policy

Updated July 2018

This privacy policy sets out our commitment to protecting the privacy of your personal information that we collection through this website, http://www.flogardends.com.au (site) or directly from you.

Please read this Privacy Policy carefully. Please contact us if you have any questions - our contact details can be found on our Contact Page.

If you provide us with your personal information then this indicates that you have had sufficient opportunity to access, and have read and accepted, this Privacy Policy. If you do not wish to provide personal information to us, then you do not have to do so, however it may affect your use of this site or any products and services offered on it.

1) Collection of Personal Information

Personal Information: The type of information we collect may include:

·     name;

·     contact details including email address, address and telephone number;

·     marital status and anniversary;

·     date of birth;

·     demographic information such as postcode;

·     credit card or other payment details (if you are buying product from us);

·     preferences and opinions; and

·     any other information requested on this site or otherwise requested by us or provided by you.

Your Use Of Our Site: As with most online businesses, we may log information about your access and use of our site, including through the use of internet cookies, your communication with our site, the type of browser you are using, the type of operating system you are using and the domain name of your internet service provider.

Your Opinion and Feedback: We may contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. Providing this information is optional to you.

If we receive your personal information from third parties, we will protect it as set out in this Privacy Policy.

2) Collection and Use of Personal Information

We collect and use the information for purposes including:

·     if you have ordered goods from us, to fulfil that order;

·     to contact and communicate with you;

·     for internal record keeping;

·     for market research and business development including website development and gauging website traffic and trends;

·     to deliver personalised site content to you;

·     for marketing including direct marketing;

·     to run competitions or offer additional benefits to you; and

·     to send you promotional information about third parties that we think may be of interest to you.

3) Disclosure of Personal Information to Third Parties

We may disclose your personal information to;

·     credit reporting agencies and courts, tribunals and regulatory authorities where customers fail to pay for goods or services provided by us to them;

·     courts, tribunals, regulatory authorities and law enforcement offices as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights, and

·     third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia.

Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Privacy Policy about handling your personal information.

If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permitted by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser.

4) Your Rights and Controlling Your Personal Information

Choice and Consent: Providing us with your personal information is optional to you. You can choose not to provide personal information. When you provide us with your personal information, you consent to the terms in this Privacy Policy, and to us disclosing or receiving your personal information for the purposes set out in this Privacy Policy.

Your Provision of Third Party Information: If you provide us with third party personal information then you warrant to us that you have the third party's consent to provide it to us.

Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contact us at the email address listed on our Contact Page.

Access: You may request details of personal information that we hold about you, as permitted by law (e.g. the Privacy Act 1988(Cth)). We may refuse to provide you with information that we hold about you, in the limited circumstances permitted by law.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us by email. We rely in part upon customers advising us when their personal information changes. We will respond to any request within a reasonable time. We will promptly correct any information that is inaccurate, incomplete or out of date.

Complaints: If you believe that we have breached the applicable privacy principles or laws and wish to make a complaint about that breach, please contact us by email setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

Unsubscribe: To unsubscribe from our email database, or opt out of communications, please use the unsubscribe button at the bottom of our email communications or contact us via email.

5) Storage and Security

We are committed to ensuring that we keep secure the information you provide to us. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

However, despite the measures put in place, no information transmitted over the internet can be guaranteed to be absolutely secure. We cannot guarantee the security of any information that you transmit to us or receive from us. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6) Cookies & Web Beacons

We may use cookies on this site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.

We may use web beacons on this site from time to time. Web beacons or clear gifs are small pieces of code placed on a web page to monitor the visitor's behaviour and collect data about how visitors are viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

7) Links to Other Websites

Our site may contain links to other websites of interest. We do not have any control over those websites. We are not responsible, or liable, for the protection and privacy of any information which you provide whilst visiting such websites, and such websites are not governed by this Privacy Policy.

8) Amendments

This Privacy Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion. Your continued use of our site following any amendments indicates that you accept the amendments. We recommend that you check this Privacy Policy regularly, prior to providing personal information, to ensure you are aware of any changes, and only proceed to provide personal information if you accept the new Privacy Policy.

If you have any questions, feedback or complaints please contact us at:

Mail: Flo Gardens 1/10 Bonanza DR Billinudgel NSW 2483

Phone: +61 421 500 096

Email: sales@flogardens.com.au

terms of service

These terms set out the agreement for online trading between Zerina Pty Ltd (ABN 56 105 694 988) ("Flo Gardens") and the user of this website ("You/Your") Please read them carefully before proceeding with entering the Website. You must accept these terms and conditions to access this Website any further.

This Website is owned and operated by Flo Gardens.

Placing an Order and Payment

By completing a Purchase Order, You are making an offer to purchase the Product at the price set out in the Website.

Payment must be made at the time of submitting the Purchase Order. Payment can be made by Visa, MasterCard, Amex, or PayPal only. You warrant that You are an authorised user of the credit card, or PayPal account used to complete payment.

All Purchase Orders placed through this Website are subject to confirmation and acceptance by Flo Gardens. We will email you with confirmation of the receipt of Your Purchase Order. Flo Gardens may reject Your Purchase Order for any reason and refund any payment made by You, at any time prior to dispatch.

The Purchase Order must be paid in full immediately upon entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. In some areas of the site, prices will be shown with an estimate of the price in your home currency. These converted prices are for information purposes only, to help you get an idea of the approximate cost of a product, and they may not be the exact amounts that will appear on your credit card statement. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit card provider. For this reason we are not able to take responsibility for the final amount charged to your credit card or PayPal account.

Flo Gardens may vary prices in the event of price changes or mistakes on this Website without prior notice to You. If Flo Gardens requests payment for increased prices, You may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) days of the announcement of the increase.

Prohibition on Resale

Flo Gardens reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not purchase any products for the purpose of using, selling or supplying them as part of a commercial business. This includes using our products to advertise or promote your own goods or services unless you have our prior written consent. Customers wishing to be a stockist of Flo Gardens products must contact Flo Gardens directly, where they will be informed of the options available to buy higher quantities.

Gift Cards

Gift Cards may only be redeemed at the Flo Gardens website and shop. Gift Cards are not valid to be redeemed at any Flo Gardens stockist. Gift Cards are valid for twelve (12) months from the date of purchase. Gift Cards are not redeemable for cash. Unfortunately, Flo Gardens does not take responsibility for any lost or stolen Gift Cards.

When purchasing with a Gift Card, you may still be required to enter your credit card details in order to verify your purchase. If your Gift Card is for the full amount of your order, your credit card will not be charged.

Promotional Codes

From time to time Flo Gardens has special offers that can be applied to your order by using a promotional code that we provide to you. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically. Please note only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.

Return Policy

All sales are subject to our Returns Policy.

Faulty Policy

Every product we send out is initially quality controlled, however if you have received a product with a manufacturing fault we will, in accordance with our obligations under the Australian Consumer Law or similar legislation, happily replace it or refund the cost Please see our Returns Policy for further information. Please note that wear and tear in the course of normal use is not considered a manufacturing fault.

Security

This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the site, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

Flo Gardens does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. While every endeavour is made to ensure every shopping experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.

Limitation of Liability

To the extent permitted by law, all guarantees, warranties or representations which are not expressly stated in this Agreement are excluded. If Flo Gardens is liable for breach of an imposed guarantee or implied warranty or representation, Flo Gardens’ liability is, at its option limited to the replacement of the Products or the supply of equivalent products, the repair of the Products or the payment of having the Products replaced or repaired.

Flo Gardens has provided information on this website as accurately as possible. We take all reasonable care - in so far as it is in our power to do so - to keep the details of your orders and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

Your Use of the Website

You agree that You will use this Website in accordance with these terms and conditions and that You will not use this Website for any unlawful purpose.

You will not violate or attempt to violate the security of this Website. You will not hack into this Website, Flo Gardens computer systems or the computer systems of other users of this Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer.

As you browse Flo Gardens, advertising cookies will be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then enables us to present you with retargeting advertising on other sites based on your previous interaction with Flo Gardens. The techniques our partners employ do not collect personal information such as your name, email address, postal address or telephone number. You can visit this page (http://www.networkadvertising.org/choices/) to opt out of AdRoll targeted advertising.

By entering this Website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. Flo Gardens reserves the right to change this Agreement at any time. Any such changes will be posted on this Website.

Website Availability

From time to time down-time, either scheduled or unscheduled, may occur. Flo Gardens will work within reason to ensure the amount of down-time is limited. Flo Gardens will not be held liable for the consequences of any down-time.

Competitions

We run competitions and contests on our Website and blog in which we may ask for subscription email information and membership. The terms and conditions of each promotion is at the discretion of Flo Gardens and are subject to change.

Intellectual Property

Flo Gardens owns the intellectual property in its designs and images. Flo Gardens prohibits the use of its designs and images for any purpose without prior written permission from Flo Gardens.

Reproduction of part or all of the contents in any form of this Website is prohibited other than for individual and personal use no part of this Website may be reproduced or shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by Flo Gardens or by other parties that have licensed their material to Flo Gardens. Flo Gardens trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Flo Gardens.

All rights not expressly granted are reserved.

This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under Flo Gardens direct control and Flo Gardens accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not they are linked to this Website).

You acknowledge that Flo Gardens is entitled to require you to remove any link from another website to this Website which you install without obtaining Flo Gardens prior written consent.

Termination

Flo Gardens reserves the right to terminate the agreement to supply Products to you at any time before the Products are dispatched to you. Flo Gardens shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.

If the Product has not been delivered to You prior to any termination of this Agreement by Flo Gardens, Flo Gardens will refund to You any payment You have made prior to termination.

Flo Gardens may terminate the agreement under which you can use this Website immediately without notice if you are in breach of any term of this agreement.

Entire Agreement

This Terms of Sale and Use of Website Agreement together with the other policies on this Website are the entire agreement between us.

Governing Law

This Agreement will be governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that state.

Severability

If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this Agreement, but the rest of this agreement is not affected.

Definitions

"Agreement" means the terms and conditions that apply to the use of this Website which may be amended from time to time.

"Product/s" means the product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.

"Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the product.

"Website" means internet website with the URL www.flogardens.com.au and associated websites.