TERMS OF USE

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Copyright

The materials contained in this web site are protected by applicable copyright and trade mark law. You may not copy, reproduce or distribute any information available on this website without our express permission in writing.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Heathmont Flowers (the Company) or its licensors. The use of our trademarks, content and or intellectual property is forbidden without the express written consent from Company.

You must not:

* Republish material from our website without prior written consent.

* Sell or rent material from our website.

* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.

* Redistribute any content from our website, including onto another website.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does not restrict, inhibit or infringe upon the rights of anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept secure and confidential. You must not share these details with anyone else.

Revisions

Company may change these terms from time to time and so you should check these terms regularly. Your continued use of this website will be deemed as your acceptance of any updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

Limitation of Liability

THE MATERIALS AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING; WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Company OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and make use of personal information. The following outlines our Privacy Policy.

When accessing our Website, Heathmont Flowers will learn certain information about you during your visit.

Similar to other commercial Web sites, our Web site utilizes a standard technology called "cookies" (see explanation below, "What Are Cookies?") and Web server logs to collect information about how our Web site is used. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web site, and the Web sites visited just before and just after our Web site, your IP address.

What Are Cookies?

A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Web site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a Web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

IP Addresses

IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you.

Email Information

If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail and telephone.

How Do We Use the Information That You Provide to Us?

Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other items and services to our customers and prospective customers.

{company} will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.

We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights.

A Special Note About Children

Children are not eligible to use our web site and services and we ask that minors (under the age of 13) do not submit any personal information to us. If you are a minor, you can use this site only in conjunction with permission and guidance from your parents or guardians.

How Do We Protect Your Information and Secure Information Transmissions?

Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Web site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information is never transmitted via email.

Heathmont Flowers may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

For site security purposes and to ensure that this service remains available to all users, Heathmont Flowers uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Policy Changes

We reserve the right to amend this privacy policy at any time with or without notice. However, please be assured that if the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is materially inconsistent with this Privacy Policy, without your prior consent.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Website Disclaimer

Disclaimer of Warranties, Accuracy and Use of Information

The content and materials in this website are provided "as is" and without warranties of any kind express or implied. To the fullest extent permissable to applicable law, the Company (Heathmont Flowers) disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and title to any of the materials provided on this site. The Company (Heathmont Flowers) does not warrant that the functions contained in the materials will be uniterrupted or error-free, that defects will be corrected, or that the site or the server that makes it free of viruses or other harmful components. The Company does not warrant or make any representations regarding the use or the results of the use of the materials on this site, or through links to other sites, in terms of their correctness, accuracy, reliability or otherwise. User (and not the Company) assumes the entire cost of all necessary servicing, repair or correction.

Changes are made periodically to many products and services available on the internet, and these changes may or may not be reflected in the materials or information presented on this website. Additionally, because the site is frequently under development, materials, articles and information may be deleted, modified or moved to a different part of this website without advance notice.

Disclaimer of Endorsement

Reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favouring by the Company (Heathmont Flowers). the views and opinions of the authors of documents published on the Company website do not necessarily state or reflect the opinion of the Company, and shall not be used for advertising or product endorsement purposes without prior written approval.

Disclaimer for Hypertext Links

The (Heathmont Flowers) Company's website may contain hypertext links to other websites. Heathmont Flowers is not responsible for the content, quality or accuracy of any external hyperlink or website, or any off-site materials referenced, linked or accessed through the Company website. By using the Heathmont Flowers website, the user acknowledges and accepts that Heathmont Flowers is not repsonsible for any materials stored on other websites, nor is it liable for any inaccurate, defamatory, offensive or illegal materials found on other websites, and that the risk of injury from viewing, hearing, downloading, or storing such materials rests entirely with the user.

Links from the Heathmont Flowers Company website to other sites on the internet do not constitute and endorsement from the Company. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content. quality and accuracy of materials or information obtained from other sites,

Disclaimer of Liability

The (Heathmont Flowers) Company shall not be held liable for any improper or incorrect use of the materials or information contained in this website and assumes no responsibility for any users' use of them In no event shall Heathmont Flowers be liable for any damages, whether direct, indirect, incidental, special, exemplary or consequential (including, but not limited to, business interruption or loss of use, data or profits) regardless of cause, and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this website or the materials and information contained on this site, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, ommission, interrruption, deletion, defect, delay, computer virus, communication line failure, theft or destruction of data, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Indemnification

To the extent permitted by applicable law, by using the Heathmont Flowers Company website, the user agrees to defend, indemnify, and hold harmless, the Company, its agencies, officers, employees, representatives, and agents from and against all claims and expenses, including attorney's fees, arising out of the user's use of this site or materials and information, content, downloads or links provided or available on or via this site.

Jurisdiction

These terms and conditions contained within this document shall be governed and construed in accordance with the laws of the state of Victoria, Australia, without giving effect to any principles of conflict of laws. You understand and agree that any action at law or equity arising out of or relating to these terms shall be filed only in the local, state or federal court located in Melbourne, Victoria, Australia and you hereby consent and submit it to the personal jurisdiction of such court for the purposes of litigating any such action. If any of these terms or provisions shall be deemed unlawful, void, or for any reason unenforceable, then that term or provision shall be deemed severable from the remaining terms and provisions and shall not effect the validity and enforceability of any remaining terms and provisions.

Communications

Communications made through the Heathmont Flowers website shall in no way be deemed to constitute legal or official notice to the (Heathmont Flowers) Company, its agencies, officers, employees, representatives, or agents with respect to any existing, pending, or future claim or cause of action against the (Heathmont Flowers) Company or any of its agencies, officers, employees, representatives or agents where notice is required by federal, state or local law. No communication to the Company made through this website shall be deemed to constitute legal or official notice for any purpose.

DMCA Notice

Heathmont Flowers respects the intellectual property of others.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

* A physical or electronic signature of a person authorized to act on behalf of the copyright owner. Identification of the copyrighted work claimed to have been infringed

* Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed

* Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address

* A statement that the complaining party "in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law"

* A statement that the "information in the notification is accurate", and "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"

The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent:

Send any notifications to;

Attn: DMCA Officer
Company: Heathmont Flowers
Address: 158 Canterbury Road, Heathmont VIC. 3135
Email: sales@heathmontflowers.com.au

CAUTION:

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Note: This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).