Please read these Terms and Conditions of Use (Terms) before entering or using this website. By entering or using this website, you are deemed to have accepted these Terms.

PART A – USE OF THE WEBSITE

This website, www.plantstogo.com.au (Website), is owned and operated by Tillage Nursery Group Pty Ltd ACN 114 087 044 (Company). The Website is made available to you for your use on the condition that you agree to and comply with these Terms.

References to "us", "we" and "our" mean the Company and include its related bodies corporate and associated entities (as those terms are defined in the Corporations Act 2001) and references to "you" and "your" mean you, the user of the Website.

The Terms constitute the entire agreement between the Company and you concerning the Website.

We reserve the right to vary the Terms from time to time. Amended Terms come into effect from the time they are posted to the Website. You should review this page regularly to ensure that you are aware of any changes to the Terms.

With the exception of your personal and credit information, all of the material on and in relation to the Website is and remains our property at all times. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the Website except for your own private use. Any other use of the Website material constitutes a breach of our copyright and other proprietary rights.

We are the owner or authorised user of all intellectual property in and associated with the Website and any improvements and modifications thereto, with the exception of your personal and credit information. Subject to any intellectual property rights held by third parties in any advertisements appearing on the Website, we are also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the Website.

Nothing contained in these Terms or the Website should be construed as giving you any right in or licence to any of the intellectual property, trade marks, logos, names or designs, whether registered or unregistered, associated with the Website.

The Website may include advertisements concerning goods or services provided by third parties. These advertisements are not recommendations or endorsements by us of the relevant goods or services. We do not control the content of and we are not responsible for the advertisements. We are not liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the Website. Any concerns you have regarding any advertisement on the Website should be addressed to the third party advertiser.

The Website may contain links to third party websites. These links are not recommendations or endorsements by us and we do not accept any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.

If you provide us with any ideas, suggestions, information or other material in relation to us or our products or services or this Website, you agree that we may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy Policy.

You are responsible for any material you transmit to this Website. You must not use this website to transmit:

• any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes; or
• any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings

We reserve the right in our absolute discretion and without any liability to you whatsoever to remove any material from the Website transmitted by you that is, in our sole opinion, in breach of these Terms.

The Website is provided to you by us "as is". To the fullest extent permitted by law, we exclude any and all warranties (whether express or implied) relating to the Website including, but not limited to, warranties concerning:

• the Website meeting your particular interests and requirements;
• the material on the Website being accurate, complete or reliable;
• the Website and the server being available and free of defects;
• the Website and the server being free of technical problems or viruses; and
• the confidentiality of information transmitted to or from the Website.

To the fullest extent permitted by law, we exclude any and all liability for any direct or indirect loss, damage, cost or expense, however or wherever incurred including, but not limited to any loss, damage, cost or expense that results from:

• your use or misuse of the Website or any material on the Website;
• your inability to access or use the Website or any material on the Website;
• the loss or modification of information or material transmitted to or from the Website;
• the loss of confidentiality in any information or material transmitted to or from the Website;
• any defect, technical problem or virus attached to or arising from the Website or the server;
• the use or misuse of the Website or any material on the website by other users or the conduct of other users on or through the Website; and
• any injury or illness you or any other person sustains as a result of the use of the Website.

To the fullest extent permitted by law, if we breach these Terms or any term, condition or warranty which is implied by law and cannot be lawfully excluded, our liability for that breach is limited to, at our election:

• the re-supply of the relevant services; or
• the payment to you of the cost of having the relevant services supplied again.

To the fullest extent permitted by law, you indemnify us, our related bodies corporate, associated entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by you or any third party as a result of or in connection with your use of or conduct on the Website.

Any personally identifiable information that you submit through or in relation to the website is collected and used by us in accordance with our Privacy Policy. You can view the Privacy Policy at:www.plantstogo.com.au/privacypolicy

We take the privacy of your information seriously and we take all reasonable steps to ensure that the information remains confidential from other users of the website and third parties. We have security in place to protect your personal and confidential information transmitted over the internet. We use industry grade security software to help protect the confidentiality of transmitted information. However, we are not liable for any direct or indirect loss, damage, cost or expense, however or wherever incurred, resulting from the loss of confidentiality of any information.

These Terms will be governed by and construed in accordance with the courts of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria, Australia.

If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

PART B – PURCHASING PLANTS AND ASSOCIATED PRODUCTS FROM THE WEBSITE

We will provide you with an online ordering system to assist you to select from our extensive range of plants and associated products (Services).

Whilst all reasonable care is taken by us in providing the most appropriate and authentic representations of the plants for the Website, due to climatic conditions, seasonal variations, seed variation and other growth conditions, we cannot guarantee the appearance of the plant at delivery will be similar to that seen on the Website.

Payment for any plants and associated products ordered may be made by Visa and MasterCard only. Delivery charges will vary according to pot size, the number of plants ordered and the delivery location.

If you place an order on the Website using a credit card, your credit card number will be encrypted prior to transmission over the internet using secure socket layer (SSL) encryption technology using either an SSL 128 or 256 bit encryption standard (depending upon your browser version). You must use an SSL-compliant browser (for example, Mozilla Firefox or Microsoft Internet Explorer) to guarantee encryption.

You are responsible for any costs associated with accessing the Website including any internet service provider fees and all telephone call charges.

We endeavour to dispatch your order within five to ten business days of it being received by the Company. During school holidays and other annual peak periods, delivery times may be extended. We will notify you by email as soon as possible if there will be difficulty in meeting your order within the quoted time.

If any of the plants or other associated products you ordered are unavailable or cannot be delivered within the stated time or we are unable to process your order, we will immediately refund the purchase price to you or, if you wish to select other plants or products, we will advise you of suitable substitute plants that meet your requirements and that are readily available for delivery. You may then select plants or products in substitution for your original order.

Any plant or associated product that does not meet your requirements can be returned in its original condition (or packaging) to the Company (address: Plantstogo.com.au, c/o Tillage Nursery Group, 950 Westernport Highway, Cranbourne VIC 3977). We require your full name, residential or business address, email address and invoice number to process the return. You may also nominate whether:

• you require a refund in relation to those plants or products returned; or
• if you request a replacement, whether it is be to be collected by you or delivered by us.

We warrant and guarantee to you that:

• we have the right to sell the plants and associated products;
• the plants and associated products are of an acceptable and merchantable quality; and
• the plants and associated products match their description.

All references to $ and dollars on the Website are to Australian currency and include GST. All prices are current at the time of publication on the Website. Unless otherwise indicated, prices shown are for the pot size of the individual plant or product

We will give you a password to purchase our plants and associated products on the Website. You must keep that password confidential and not disclose it to any other person or permit any other person to use that password.