Terms and Conditions 2017-09-03T07:22:59+00:00

Terms and Conditions

This agreement is governed by the relevant state laws in force. You irrevocably submit to the non-exclusive jurisdiction of the Courts of the relevant state and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. Gardenhood may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of the Gardenhood site is subject to the following Standard Terms of Service and Trade:

Ownership, copyright and trade marks:  The content of this Gardenhood site, the licensor and / or provider of this site (‘Gardenhood’).

Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with Gardenhood. Accuracy of information and limitation of liability Gardenhood and its third party suppliers have taken reasonable care that the content of this Gardenhood site, including all information and listings is correct but is subject to amendment at any time without notice. See Disclaimer page for further details.

 

Privacy Policy: Gardenhood dislikes spam as much as you do!   Therefore, personal information will never be given, traded, sold, released or otherwise communicated in any form to any third party.

Content:  When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer stock images and descriptions that are provided by third parties and are freely available for commercial use.  You may use catalog content solely in connection with your listing during the time your listing is on Gardenhood.

While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all Gardenhood policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Trading on Gardenhood and Limitation of Liability

 

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our site, including dealing with underage or fraudulent persons. You will not hold Gardenhood responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items.

 

You acknowledge that we are not an registered nursery Instead, our site is a venue to allow anyone to offer, sell, and buy plants and produce at any time, from anywhere in Australia, in a fixed price format. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item. You should consider and use all of our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.

When you enter into a transaction you create a legally binding contract with another user, unless the item is listed in a category under the Non-Binding Bid Policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not Gardenhood – are responsible for enforcing any rights that you may have.

You alone, and not Gardenhood, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Gardenhood services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Gardenhood services.

To the extent that Gardenhood is able to limit the remedies available under this Agreement, Gardenhoodexpressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

The supply of the services again; or

the payment of the cost of having the services supplied again.

Release

If you have a dispute with one or more users, you release us (and our officers,

directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Breach

Without limiting other remedies available to Gardenhood at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  1. you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way (including those Policies referred to in Clause 22 below);
  2. we are unable to verify or authenticate any information you provide to us;
  3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or

if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

 

Your Responsibility:

 

You must read the terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any service provided. You must not resell the service or any products or accessed by means of the service, or permit any other person, without the express permission of Gardenhood. You are responsible for all use of the service. You must not use the service for any activities which breach any laws, infringe any party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority.

You must not use the service in any way, which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your identification.

You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice without the consent of Gardenhood.

You must read and acknowledge that you understand the Biosecurity Act and Laws relevant to your State before trading on Gardenhood.

You must read and acknowledge Sendle Terms and Conditions, Australia Posts Terms and Conditions and Stripe and the Biosecurity Act 2015 before trading on Gardenhood.

You must not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies;
  • use the Gardenhood services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using Gardenhood services;
  • fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made or you cannot authenticate the seller’s identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;
  • manipulate the price of any item or interfere with other users’ listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Gardenhood;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Gardenhood);
  • transfer your Gardenhood account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm Gardenhood or the interests or property of Gardenhood users;
  • export or re-export any Gardenhood tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the Gardenhood services or Gardenhood copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.
  • Commit offences under the Biosecurity Act 2015
  • Read the seller pack and what the How to Sell video before selling on the platform

 

Fees Services and GST

Joining Gardenhood and searching and buying on listed items are both FREE.   You will need a bank account to transact on the platform.

Gardenhood has a service fee of 25% on each sale on the platform and this is included at checkout payment gateway.  The buyer pays for the item and any postage or couriering charges.

We do not charge fees for using other services, such as listing items, joining in the Forums.

Stripe is our secure payment gateway and they charge 1.75% (plus 30 cents) on transactions which is included in the service and bank fees.  Sellers pay their own fee (default, personal and unilateral payments).

Our preferred courier options are Sendle and Australia Post.   If you are a business registered for GST then you must include that in your listing price.   Gardenhood has integrated Sendle quoting however you are free to use any post or courier service provider.

Any changes to any of the fees or services will be notified within 14 days.

Unless otherwise stated, all charges on this platform are quoted in Australian Dollars.

You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method.

If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 180 days past due, deducting the amount owed from your Paypal account balance.)

Changes to these Terms and Conditions 

Gardenhood has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.

Disputes and Refunds

Please read our Disputes and Refunds policy.  Sellers should acknowledge that:

  1. Should a user dispute a charge directly with their credit card company resulting in Paypal charging Gardenhood’s Merchant account with a $25 service fee then Gardenhood will deduct this amount from the seller’s next sales.  Paypal and Gardenhood will contact the seller and help the seller to avoid this happening on an ongoing basis.   Gardenhood also has a strike out rule and sellers who continuously violate the terms and conditions will be asked to leave.
  2. Sellers are required to resolve any issues directly with the buyer.
  3. It is advisable that regular sellers on the platform have Goods In Transit cover and should an issue occur during the transportation of the goods Sellers should make a claim under their Goods In Transit insurance cover. Gardenhood accepts no responsibility for Goods in Transit.    Gardenhood is a facilitator only and it’s not possible for Gardenhood to monitor every sale on the platform.

Paypal buyer and seller protection is part of this User Agreement and incorporated by reference.   Buyers and sellers agree to comply with Paypal’s policies.    If Paypal make a determination in favour the buyer then the cost of return postage for an item that is not as described will usually be the seller’s responsibility and you (as a seller) authorize.

Sellers must have a payment method on file with Gardenhood. Sellers may change this payment method at any time.  If a dispute comes directly to Gardenhood between the buyer and the seller and we resolve a case in the buyer’s favour, Gardenhood may notify Paypal of the relevant case and seek to remove funds from the seller’s Paypal Merchant account to reimburse the buyer for the full cost of the item, and postage. Where there are insufficient funds in the seller’s Paypal account, we will directly refund the buyer and charge the seller’s designated payment method or put the amount on the seller’s invoice (“Reimbursement”).

For this purpose, you, in the capacity of a seller:

  • authorise and instruct us and Paypal to collect or reverse variable amounts (representing payments related to covered claims) from your Paypal account to carry out a buyer reimbursement;
  • authorise and instruct us to request Paypal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your Paypal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
  • authorise and instruct us to request Paypal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your Paypal account at any point during the resolution process (which may result in Paypal  determining to restrict funds in your Paypal  account in order to manage Paypal ‘s risk exposure pursuant to Paypal  policies – see clause 11: Restricting funds);
  • authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
  • authorise and instruct us to place the reimbursement amount on the seller invoice.

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to implement the terms of the Gardenhood Money Back Guarantee policy. If sellers do not provide Gardenhood with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

 

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Gardenhood.

 

If a transaction is cancelled and you agree to refund the buyer via Gardenhood, you authorize.  Gardenhood to instruct Paypal to reverse the refund amount (in same or other currency) from the seller’s Paypal account, to the buyer.

You will be precluded from bringing an Gardenhood Money Back Guarantee claim if you already have made or are making a claim with Paypal in respect of the same transaction.

Restricting Funds

To protect against the risk of liability, Gardenhood may request, and you agree to authorise the request, that Paypal restrict access to funds in a seller’s Paypal  account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in Paypal determining to restrict funds in your Paypal account in order to manage Paypal ‘s risk exposure pursuant to Paypal policies.

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Gardenhood by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Gardenhood services for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Gardenhood and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing an item on Gardenhood’s sites, you agree to pay Gardenhood’s fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on Gardenhood’s sites, your listing will be posted on Gardenhood’s site.
  • Your listing will be immediately searchable by keyword or category and you are responsible to check and update the listing.
  • Where your listing appears in search and browses results may be based on certain factors including listing format, title, end time, keywords, price and postage cost and seller ratings.

Privacy

We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Gardenhood User Privacy Notice. We view protection of users’ privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Gardenhood User Privacy Notice. If you object to your information being transferred or used in this way please do not use our services.

 

Privacy of Others; Marketing

 

If Gardenhood provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Gardenhood services.

No Agency

Gardenhood is not your agent for any purpose in relation to this Agreement or your use of the Gardenhood services.

Notices

Legal notices must be served on Gardenhood’s registered agent (in the case of Gardenhood) or to the email address you provide to Gardenhood during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

 

Any notices to Gardenhood’s registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail).    Email contact@gardenhood.com.au for the mailing address.

Legal Disputes

If a dispute arises between you and Gardenhood, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact Customer Service to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and forum for legal disputes

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Gardenhood irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.