Terms and Conditions

OVERVIEW

This website is operated by Ferntree Products. Throughout the site, the terms “we,” “us,” and “our” refer to Ferntree Products. Ferntree Products offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms and Conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms of Service apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to review this page periodically for updates. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or territory of residence, or that you are the age of majority and have obtained the consent of a parent or guardian to allow any minor dependents under your care to use this site.

You agree not to use our products for any unlawful or unauthorized purpose, and you will not engage in any activities that violate the laws of your jurisdiction, including but not limited to copyright and intellectual property laws.

You must not transmit any worms, viruses, or any other harmful code that may interfere with the functionality of the site or the security of other users.

Any breach or violation of these Terms may result in the immediate termination of your access to our services, without notice.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time, in accordance with applicable Australian consumer laws.

You acknowledge and agree that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. However, credit card information is always encrypted during transfer over networks using secure methods.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, the use of the service, your access to the service, or any contact on the website through which the service is provided, without our express written consent.

The headings used in this agreement are for convenience only and do not limit or affect the interpretation or application of these terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is inaccurate, incomplete, or not current. The material provided on this site is for general informational purposes only and should not be relied upon as the sole basis for making decisions. We recommend consulting primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.

This site may contain historical information, which, by nature, is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but are under no obligation to update any information. You agree that it is your responsibility to regularly review changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to modify, suspend, or discontinue the service (or any part or content thereof) at any time, without prior notice.

We shall not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuances of the service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively through our website. These items may have limited quantities, and returns or exchanges are subject to our RETURN AND REFUND POLICY.

We’ve made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display will show the colors exactly as they appear on our site.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change at any time, without notice, at our sole discretion. Additionally, we reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, credit card, and/or billing and/or shipping address.

In the event that we make changes to or cancel an order, we will attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed.

We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions made at our store. You also agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, to ensure that we can complete your transactions and contact you as necessary.

For more details, please review our RETURN AND REFUND POLICY.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, control, nor have any input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be held liable for any issues arising from or related to your use of these optional third-party tools.

Your use of any optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms under which the tools are provided by the relevant third-party provider(s).

We may, in the future, offer new services and/or features through the website, including the release of new tools and resources. Any such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not monitor or have any control over the content or accuracy of these third-party websites, and we do not warrant, and will not be held liable for, any third-party materials or websites, or for any products or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices before engaging in any transactions. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you submit specific materials (such as contest entries), or if you submit creative ideas, suggestions, proposals, plans, or other materials—whether online, by email, by postal mail, or otherwise (collectively, "comments")—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to (1) keep any comments confidential; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate the rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, obscene material, or any computer viruses or other malware that could affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility and shall not be held liable for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our PRIVACY POLICY. 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders, if any information in the service or on any related website is found to be inaccurate at any time, without prior notice (including after you have submitted your order).

We are under no obligation to update, amend, or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website should be taken to indicate that all information in the service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or other malicious code that may affect the functionality or operation of the service, any related website, other websites, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service, any related website, other websites, or the internet.

We reserve the right to terminate your use of the service or any related website for violating any of these prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ferntree Products, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured through the service, or for any other claim related in any way to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Ferntree Products and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or any documents incorporated by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our site.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect that you have failed to do so, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules posted by us on this site or in relation to the service, constitute the entire agreement and understanding between you and us, governing your use of the service. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service, along with any separate agreements through which we provide you services, shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at 

Our contact information is as follows: 

Trading Name: Ferntree Products
Location: Adelaide, Australia
ABN: 27 836 298 788