GENERAL TERMS AND CONDITIONS
Welcome to our website. If you
continue to browse and use this website you are agreeing to comply with and be
bound by the following terms and conditions of use, which together with our
relation to your use of this website.
“Content” means any and all material, links, words and images including but not limited to any information, recommendations, comments, and advertisements submitted or posted to or provided on our website by us and users of our website.
“Job seeker” means any user who uses our website to seek a job or apply for a job posted on our website.
“Services” means the Content, memberships, discussion forums, products and services, learning management system, coaching services, and employment information provided on our website by us and users of our website.
“the website” means The Garden Frankston website.
“We”, “our” and “us” means The Garden Frankston including its directors, officers, employees, and contractors.
“You” and “User” means the individual using our website and Services.
FORUM AND CONTENT RULES
Any Content you submit or post to our website must comply with the Terms; be made in good faith; and be true, correct, accurate and up-to-date to the best of your knowledge.
You must not submit or post any Content that:
- uses aggressive, rude or offensive
- encourages illegal intent including false claims, defamation, harassment, fraud and collusion;
- contains ads, links or other forms of advertising, or solicits business, in a discussion forum (paid advertisements are permitted outside of discussion forums on our website);
- constitutes junk mail or bullying;
- is abusive or malicious against or may offend any other person;
- violates the rights of, harms, or threatens the safety of any other person;
- contains any other objectionable material; or
- breaches any laws.
You may post recommendations, businesses you have used the services of, experiences and other information in discussion forums on the website. You agree to only do so in good faith, with honest, fair and non-offensive reviews, using appropriate language, truthful descriptions and helpful comments.
The posting of comments, reviews and experiences on the website is meant to try to help other visitors to the website, and to share guidance and information. Our aim is to encourage helpful comments and feedback and hope that you will assist in, benefit from and enjoy this initiative. We ask that you carefully consider any comments you may post and the impact they may have in a respectful manner.
We may review and delete any post or Content that in our sole judgment violates these Terms. We may also, in our sole discretion, ban you from using the website at any time, without notice.
We will take any other action, where required, against any person that does not abide by these Terms or where action is taken against us by any person, visitor or third party as a result of any Content posted by you.
Opinions, advice and all other information expressed by participants in discussion forums are those of the author and not ours or anyone associated with our website. You rely on any such information at your own risk and need to make your own enquiries before taking any action related to any post.
Any action you choose to take with any other user on or through this website, including but not limited to the provision of your personal information, telephone, email, arranging a meeting or other activities with anyone on or through this website is at your own risk. We are at no time responsible for or liable for any action you choose to take under any circumstance.
By submitting and posting any Content to the website, you represent and warrant that you have the ownership right and title to the Content or have the necessary third party licenses to post it on the website and will not breach any third party rights in doing so. In other words, in submitting the Content, you have the right to post or repost the Content and it will not breach copyright, and will not be considered defamatory, offensive or otherwise illegal.
You grant us irrevocable and unconditional rights to use, publish, and transmit your Content for sharing, educational, informational and any other reproduction.
You must not transmit any viruses, malware, worms, etc. of
any kind and you must not upload, post, host or transmit unsolicited material
or messages to the website.
Any Content you submit to the website may be shared, copied, reposted, redistributed or otherwise used by other contributors, visitors, advertisers or other users of the website on social media, educational platforms or any other channels provided the relevant attribution to the owner is made.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
We are not in any way responsible for any action, loss or damage that may result from any Content you may provide to us that we post on our website including but not limited to any loss of business, revenue, profits or any claim by any individual or otherwise that may read and rely on your Content to their detriment.
GOODS AND SERVICES
We sell digital and physical goods and services including courses on our website. The prices for these goods and services are shown on our website. We reserve the right to change the prices of goods and services at any time without notice to you.
In addition to the price for the goods or services, you will also need to pay the listed delivery charge (if any) for your selected delivery option. Any delivery charge will appear in your shopping cart.
We reserve the right to change the features and privileges of any subscription services provided our website including but not limited to restricting or terminating the services.
You must be over 18 years of age to use this website and to purchase any goods or services.
By using our education or life coaching services, you agree that we are not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances will you hold us liable for any actions you take nor will you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by us.
All our information on both the website and in consultations is intended to assist you and does not in any way, nor is it intended to, substitute professional, financial or legal advice. Results, including but not limited to educational, professional and employment outcomes, are not guaranteed and we take no responsibility for your actions, choices or decisions.
Users may advertise goods and services on our website, except in discussion forums. You must be over 18 years of age to post any advertisements.
By posting any advertisement on our website, you represent and warrant that you have the right to sell the advertised goods or services and that you will not breach any third party rights in doing so. All advertisements must comply with the Forum and Content Rules in these Terms. We exclude all liability in accordance with the Liability and Indemnity provisions in these Terms.
The cost of advertising on our website will be notified to and agreed with you separately.
We allow job seekers to apply for jobs posted on our website and to provide information on our website for prospective employers. We also allow prospective employers to post jobs on our website for job seekers.
All information and jobs posted on our website must comply with the Forum and Content Rules in these Terms. Prospective employers warrant and agree that they will only post jobs on our website that actually exist and to comply with all applicable legislation.
We are a facilitator only for the purpose of connecting job seekers with prospective employers on our website. We do not guarantee that users will find a job or suitable jobs on our website. We make no warranty about the suitability, availability or performance of any job seeker. We are not responsible for any losses, liabilities, costs or expenses incurred by either job seekers or prospective employers as a result of any employment arising from any information or job posted on our website. The employment agreement or arrangement is directly between the job seeker and the prospective employer.
Users with a paid membership may hire rooms on a casual basis. The hire rates are shown on our website.
Members are strictly prohibited from hiring rooms for or on behalf of non-members.
Rooms are available for hire during the following times only:
Monday to Friday 9am to 10pm
Saturday 6am to 10 pm
Sunday 6am to 10 pm
The hire period must include the setting up and packing away time. Rooms must be vacated on time.
Members must comply with any additional terms and conditions of hire we may separately impose.
We may, in our sole discretion, refuse or cancel any hire, and cancel or terminate a membership at any time, without notice.
Payment for any goods or services available on our website, excluding goods or services advertised by third parties, may be made via the methods stated on our website.
Should any payment method you use fail or is later reclaimed by the bank or card issuer, you agree to pay any costs incurred by us.
By nominating a credit card or bank account to be direct debited, you confirm that you are authorised to make such a purchase.
Advertisers agree to receive all invoices by email to an email address nominated by you. It is your responsibility to ensure that this email address is working correctly.
All payments for advertising must be received in full prior to the advertisement being published.
Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at our sole discretion.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
CANCELLATIONS, RETURNS AND REFUNDS
We handle returns and process refunds in accordance with Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 30 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly and made by the same method that you made payment. All refunds are made at our sole discretion.
LINKS TO OTHER WEBSITES
We may from time to time provide on our website links to other websites, advertisements, and information about other websites for your convenience. This does not mean that we sponsor, endorse, approve of or have an arrangement with these websites, unless we expressly disclose otherwise.
We may from time to time provide on our website affiliate links to products on other websites. We may receive a commission for purchases made through these links. We will disclose these links where they are provided on our website.
We take no responsibility for any content on linked websites, information or advertisements provided by third parties on our website, or information or advice provided directly to you by third parties.
To the fullest extent permitted by law, we absolutely
disclaim all warranties, expressed or implied, including, but not limited to,
implied warranties of merchantability and fitness for any particular
purpose. We make no warranty that the website or any documents, goods or
services offered, sold or otherwise provided on our website will be available
on an uninterrupted basis, or free of errors, or that defects will be
corrected, or that our website or its server is free of viruses or any other
Whilst we at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on our website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not our responsibility to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusion of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
LIABILITY AND INDEMNITY
You agree that we are not liable for any direct, indirect, consequential or incidental loss, damage or injury which may result from your use of our website or your reliance on any information on our website, whether from errors or omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any
products, services or information available through this website meet your
specific, personal requirements. You acknowledge that such information and
materials may contain inaccuracies or errors and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.
In addition, you agree to fully indemnify us, our officers, employees, agents and successors in rights, and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards (direct, indirect, actual, consequential or incidental) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, made by any party which arises out of or in any way related to your use of our website or your reliance on any information on our website.
COMPETITION AND CONSUMER ACT
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.
Our liability to you will be limited to the supplying of any goods or services to you again, the replacement of the goods, or the payment of the cost of having the goods or services supplied to you again.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download or purchase from time to time on this website.
We expressly reserve all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the Contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the Content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
We are committed to protecting your
privacy. We use the information we collect about you to maximise the services
that we provide to you. We respect the privacy and confidentiality of any information
provided by you and adhere to the Australian Privacy Principles. Please read
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.
DISCLOSURE OF INFORMATION
Wemay be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
We reserve the right to disclose the name and any other personal details of any user of the website to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution or investigation of any breach or alleged breach of the law or these Terms.
We will also disclose to prospective employers any information which users provide to us for that purpose.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, we may use any information that you provide to improve our website and services but not for any other use.
EXCLUSION OF COMPETITORS
If you are in the business of providing similar information, goods or services for a fee to users, whether they be business users or domestic users, then you are a competitor of ours. We expressly exclude and do not permit you to use or access our website to download any documents or information from our website or obtain any such documents or information through a third party. If you breach this term then we will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. We reserve the right to exclude and deny any person access to our website, services or information in our sole discretion.
We reserve the right to change, modify, add or remove
portions of these Terms at any time. Please check these terms regularly prior
to using our website to ensure you are aware of any changes. We will endeavour
to highlight any significant or substantive changes to you where possible. If
you choose to use our website then we will regard that use as conclusive
evidence of your agreement and acceptance that these Terms govern your
and our rights and obligations to each other.
These Terms represent the whole agreement between you and us concerning your use and access to our website and your use and access to the Content and Services on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these Terms in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
These Terms and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and us that results in litigation then you must submit to the jurisdiction of the courts of Victoria.