Terms Of Service - GardChek

Effective Date: 21st June 2023

Welcome to gardchek.com.au!

These Terms of Service (“Terms”) govern your use of our website located at gardchek.com.au (the “Website”), as well as any related mobile applications, products, and services (collectively referred to as the “Service”). By accessing or using the Service, you agree to be bound by these Terms. Please read them carefully.

Acceptance of Terms
1.1 By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

1.2 These Terms constitute a legally binding agreement between you and GardChek.com.au. If you do not agree to these Terms, please refrain from accessing or using the Service.

Use of the Service
2.1 License: Subject to these Terms, gardchek.com.au grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for personal, non-commercial purposes. You agree not to use the Service for any illegal, unauthorised, or prohibited activities.

2.2 User Account: In order to access certain features of the Service, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Content: You understand and agree that any content you submit, post, or display on the Service (“User Content”) is your sole responsibility. You retain ownership of any intellectual property rights that you hold in your User Content. However, by submitting User Content, you grant GardChek.com.au a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content on the Service.

Intellectual Property
3.1 Ownership: The Service, including all text, graphics, logos, trademarks, designs, and software, is the property of gardchek.com.au or its licensors and is protected by copyright and other intellectual property laws.

3.2 Restrictions: You agree not to modify, copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or through the Service without explicit written permission from GardChek.com.au.

Third-Party Links and Content
4.1 The Service may contain links to third-party websites, products, or services that are not owned or controlled by gardchek.com.au. gardchek.com.au has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that gardchek.com.au shall not be liable for any loss or damage arising from your use of any third-party websites, products, or services.

Limitation of Liability
5.1 To the maximum extent permitted by applicable law, GardChek.com.au and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Service.

Indemnification
6.1 You agree to indemnify, defend, and hold harmless GardChek.com.au and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use or misuse of the Service, your violation of these Terms, or your violation of any rights of a third party.

Modification of Terms
7.1 GardChek.com.au reserves the right to modify or replace these Terms at any time. Any changes to these Terms will be effective upon posting the revised version on the Website. Your continued use of the Service following the posting of any changes constitutes your acceptance of such changes.

Termination
8.1 GardChek.com.au may, at its sole discretion, suspend, terminate, or restrict your access to the Service at any time without prior notice or liability, for any reason or no reason, including if it believes that you have violated these Terms.

Governing Law and Jurisdiction
9.1 These Terms and your use of the Service shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Australia.

Severability
10.1 If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall be severed from the Terms, and the remaining provisions shall remain in full force and effect.

Please contact us at [email protected] if you have any questions or concerns regarding these Terms.