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In these Website Terms of Use and Security Statement (“Terms”), the expressions “we”, “us” and “our” refer to the members of HillcrestSod.com and/or brands owned by HillcrestSod.com.

“Personal Information” means any information from which your identity is apparent or can be reasonably ascertained.

“Website” means the whole or any part of the web pages located at www.hillcrestsod.com (including the lay-out of this Website, individual elements of the Website design, underlying code elements of this Website, or text, sounds, graphics, animated elements or any other content of this Website).

These Terms are governed by the laws in force in [Your Town], [Your State] and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of [Your State], [Your Country] and any courts which may hear appeals from those courts.

Availability
While we strive to ensure our complete range on our Website is available, all styles, quantities and health are subject to availability and confirmation at time of order.

Acknowledgment & Acceptance
Your use of this Website, and any services provided through it (“Services”), are subject to these Terms and all applicable laws. By accessing and interacting with this Website or using the Services, you accept these Terms. If you do not agree, you must refrain from accessing and browsing this Website or using any of the Services. Without limiting our other rights and remedies we may refuse to supply any product or Service, and we may deny access to this Website, to anyone who breaches these Terms.

All rights not expressly granted to you in these Terms are reserved.
We may amend these Terms at any time without notice to you, and it is your responsibility to monitor this Website for changes. Amendments will come into effect from the date they are published on this Website. Any updated version of these Terms will supersede all prior versions. You can view the most current version of these Terms at any time by visiting this page.

Access and Use of Material on this Website
You may only access and use this Website and the Services in accordance with these Terms;

You may only access parts of this Website that are designated for unrestricted public access, unless you are part of our Network or Retailers and you have been given explicit permission to access certain restricted areas and then only for the purposes, and in the manner, permitted;

If we give you a password to access any part of this Website or any Services, you must keep that password confidential and not disclose it to any other person. Nor may you permit any other person to use that password. You must change your password regularly. Further you must change it immediately if you believe that it has become known to any other person;

You must follow our instructions when using the Services, and comply with any specific terms that we publish on this Website or that we give you regarding the Services from time to time;

You must make sure all information and instructions that you give us are true, correct and complete, and that you are authorised to provide the information and instructions;

You may only save a local copy of, or print material posted on this Website for your own information or research, or to inform others about this Website;

You may not reproduce, duplicate, copy, sell, re-sell, adapt, transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, or caching by a storage or information retrieval system, or download accelerator) or otherwise exploit any part of this Website for any commercial purpose;

You must not post or transmit to this Website any illegal, threatening, abusive, defamatory, obscene or indecent information or material of any kind, or encourage any other person to do so;

You must not knowingly post or transmit or permit the posting or transmission of any material to this Website which contains a virus;

You must not post or transmit any material to this Website which breaches any laws relating to a person’s right to privacy or the export of personal information, or personal information about another person without their consent;

You must take your own precautions to ensure that whatever you select from this Website is free of viruses or anything else that may interfere with your or any third parties’ computer systems;

We may refuse access or edit or delete material posted by you in contravention of these Terms.

Products listed on our Website
This Website provides information about the products that we sell. Products shown may be purchased via the shopping facility only upon agreement and an understanding of these “Terms and Conditions”.

We reserve the right to withdraw any product from sale without notice, for any reason. However for various reasons, that product might still appear on our Website.

All Recommended Retail Prices stated on this Website are inclusive of all regulatory Taxes where applicable.

Disclaimers
We will endeavour to ensure that information provided through this Website is accurate and current. However we cannot, and do not, represent or warrant the accuracy, adequacy, completeness of information on this Website or that it is up to date. For example (but without limitation):

Prices and colours of products may change and all products are subject to availability; variations to products may occur from time to time for various reasons (including changes in seasonal range, or product specifications);

While we try to represent products (including colours) accurately, the representation on your screen may be different to the actual product for various reasons;

Description of products are summaries only (with further information available on request to us); and

Due to technical or human error, information may be recorded incorrectly or omitted.

We do not accept responsibility for any loss suffered as a result of reliance on the accuracy, adequacy, completeness or currency of information on this Website. We do not warrant that access to this Website will be uninterrupted or error-free.

Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall HillcrestSod.com, its subsidiary companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use our materials or products. You specifically acknowledge and agree that HillcrestSod.com is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Hillcrest Sod Farm’s material or products, or with any of our terms and conditions, your sole and exclusive remedy is to discontinue using HillcrestSod.com

Liability
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is excluded.

Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of or our liability under such a condition or warranty, that condition or warranty will be included but our liability will be limited for a breach of that condition or warranty to one or more of the following (at our option):

• Supplying the goods or services again;
• Repairing the goods;
• Supplying equivalent goods or services;
• Paying the cost of supplying the goods or services again, or of acquiring equivalent goods or services; or
• Refunding the price you paid us for the goods or services.

This exclusion does not prevent you getting a court order you are entitled to that requires us to do anything we have expressly agreed in writing to do for you. It is also not intended to exclude liability arising under statute if, and to the extent that, such liability cannot lawfully be excluded.

Except for liability for personal injury (including sickness and death), we do not accept liability for any damages (including special, indirect or consequential loss or damage), whether in an action in contract, negligence or other tort, arising out of or in connection with your access to this Website or any goods or services that you purchase from us.

You acknowledge that despite reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of the information on your computer or this Website. We do not accept any responsibility or liability for any losses that you may sustain as a result of any such activity.

Third Party Websites
We are not responsible for any information that does not originate directly from us, for any links we provide to third party sites (“Third Party Websites”), or for information or goods or services at or accessible from those Third Party Websites. This includes the content of third-party advertisements appearing on this Website and links to Third Party Websites. These are provided for convenience only and may not remain current or maintained. The appearance of advertisements for third parties or links to Third Party Websites on this Website is not to be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of those Third Party Websites, or of any information, goods or services referred to or offered on those sites or otherwise posted on this Website. Responsibility for any of that content rests solely with those third parties.

No links may be made to this Website without our prior written consent. Applications for consent must be made to the following address: Marketing Manager, HillcrestSod.com, [Your Company Address].

Prohibitions

You must not: Use or attempt to damage, interfere with or introduce anything (including a virus, robot, spider, scraper or automated means) to this Website or any network or system underlying or connected to it for any purpose, or act in any other way that compromises this Website, the delivery of the Services, or any network or system underlying or connected to them;

Use this Website or any information or other material from this Website, for any commercial purpose;

Remove any copyright, trade mark or any other intellectual property notice from any material accessible on this Website; or copy, distribute, alter or tamper with in any way, or otherwise use, any material contained in this Website (except as expressly permitted in these Terms).

Copyright
This Website is the copyright property of HillcrestSod.com.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form or by any means:

Adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or
Commercialise any information, products or services obtained from any part of this Website without our written permission.

Intellectual Property Rights
We and our licensors, as applicable, own all intellectual property rights in and to this Website and the products and information displayed in it (including text, images, graphics, logos, layout, look-and-feel, animations, software, trade marks, trade names and other material underlying and forming part of this Website and/or the Services.

Except where otherwise specified, any word or logo to which the “™” symbol is attached is our trade mark, and any to which the “®” mark is attached is a registered trade mark. If you use our trade marks in relation to our activities, the Services or our products, you must include a statement attributing ownership of that trade mark to us. Any other trade marks we use are used with the permission of their respective owners.

Termination or Suspension
We may at any time and without notice:

• Change the format and content of this Website and/or any Services;
• Stop providing, suspend or restrict your access to this Website or any Service if you do not comply with any obligation you have to us (whether under these Terms or otherwise); or
• Stop providing or suspend the operation of this Website and/or the Services (in whole or in part).

No such action will affect any of our rights or your responsibilities under these Terms or otherwise, including any disclaimer.

Information about you
We understand that as a visitor to our Website, you may be concerned about your privacy and about any information about you that we gain about you online. We are committed to protecting your privacy and to complying to all relevant Privacy Acts. The following terms tell you how information about you is treated as you access and interact with this Website.

If you visit an area of the Website where you are not required to log on, to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded. However, our system will not record any personally identifiable information about you without your consent.

If you complete an online form on our Website, the information that you enter on that form will only be collected if you actually submit the form to us. If you change your mind and do not submit the information, any information you have entered up to that point will not be collected by our system and will be discarded (note that if your browser has an “auto complete” function, it might automatically fill in the form again the next time you visit that page).

Any personal information that you actually submit to us using our Website or in an e-mail will only be used for the following purposes:

If you choose to allow us to do so, to send you promotional or other information about us, our Website, the Services or our products, either through e-mail, ordinary mail, or some other means;

• To conduct research about our Website, the Services or our products;
• To allow us to personalise our Website or Services for you;
• To process any request that you make; or for security purposes.

Your personal information will only be added to our customer database if you complete and submit the information required in our Subscribe page.

If you choose to use the Services and submit information to us about you for that purpose, you will be taken as authorising us to collect, use, store and disclose that information in the manner and for the purposes contemplated by these Terms. If choose not to provide all of the personal information that we request from you, the Services you request may not be available to you.

If you provide us with personal information about yourself, you should advise us at info@hillcrestsod.com if the information changes, so we can update our records. We may contact you from time to time to check that information we hold is still accurate.

We may disclose personal information that we collect and retain about you to third parties but only for the purposes identified in these Terms or to which you have consented, or when we are required to do so by law. If we provide any contact details to our contracted suppliers who are responsible for processing our mail-outs, we require those suppliers to agree to use that the information only to fulfill that purpose, and not to retain the details once that purpose has been fulfilled.

Under the Privacy Act, you have certain rights to access and request correction of your personal information held by us. Any such request, or any inquiry, should be sent to the following address: Marketing Manager, HillcrestSod.com, [Your Company Address].

We may at any time disclose your personal information including, without limitation, your name and contact details to any relevant authorities, parties and/or applicable intellectual property right holders (or their representatives) if we consider that you are in breach of these Terms, and that disclosure is required for those parties to enforce their rights.

If you subscribe to a mailing list that we maintain (including an e-mail subscription list), you can ask us to remove you from that list at any time by sending us an e-mail with your details to info@ikaboo.com.au. We will comply with that request as soon as we reasonably can. However you understand that sometimes we may have begun distributing a mail-out before we can process that request, and in those circumstances you might still receive that mail-out.

If you have accessed Third Party Websites through this Website and if the operators of those Third Party Websites collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.

Where you access a Third Party Website from this Website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party. You usually cannot be identified from the information that is shared. If you can be identified from this information, we will seek your consent before sharing the information.

Third Party Websites should contain their own privacy statements and the operators of those Third Party Websites are responsible for their own privacy practices.

We will save any e-mail that you send us, if we believe that we have a legal or business requirement to do so. We may monitor e-mail message content for security issues including where e-mail abuse is suspected.

General
Each term of these Terms is separately binding. If for any reason any term is not effective or binding all other terms remain effective and binding.

If we do not exercise or enforce any right available to us under these Terms or otherwise arising at law or in equity, this does not constitute a waiver of those rights.

These Terms (and the provision of products and services by us) are governed by and to be interpreted solely in accordance with United States law. In the event of any dispute arising in relation to these Terms or their subject matter, the United States courts will have non-exclusive jurisdiction over such dispute.