1. TERMS AND CONDITIONS OF USE
This site www.batphone.com.au, organicfertilisershop.com, plantofhealth.com.au (\"website\") is owned and operated by Batphone Pty Ltd ABN 50 297 078 797 (\"Batphone\"). Your access to the website is conditional upon your acceptance and compliance with the terms and conditions contained in this document, the Privacy Statement and any other notices, disclaimers, terms and conditions or statements contained on this website (known collectively as \"Conditions of Use\").
2. ACCEPTANCE OF CONDITIONS OF USE
By accessing, viewing or otherwise using this website, including purchasing goods or services over the website, you acknowledge and agree to be bound by these Conditions of Use. If you do not agree with any of the Conditions of Use, do not use this website. Batphone reserves the right to amend the Conditions of Use at any time with or without notice to you. The amended terms of Conditions of Use will be effective immediately. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes. These Conditions of Use were last amended on 6 April 2010.
3. RESTRICTIONS OF USE
You must not use this website in any manner or for any purpose which is:
a) unlawful or in any manner which violates any right of Batphone or third party ; or b) is prohibited by the Conditions of Use.
4. ORDERING PROCEDURE
You may offer to purchase goods or services described on this website for the price specified on this website. Your order must contain your name, email address, credit card details and any other ordering information specified on this website. We give no undertaking as to the availability of products advertised on this website. Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase. You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. If we do not accept your offer to purchase the goods or services for any reason (for example, if the product is unavailable), neither of us will be under any further liability to the other arising out of your original offer or our non acceptance of that offer. We are not required to give reasons for rejecting your offer to purchase. If we have not responded to you within seven days, your offer will be deemed to be rejected. Delivery of the goods or supply of the services to you will be effected in the manner described on this website. We will endeavour to deliver the goods within the time periods described on this website, but accept no liability for failure to do so. Title to and risk of loss or damage to the goods passes to you upon dispatch. Payment must be effected in the manner described on the website. All prices are in Australian dollars. Prices are inclusive of goods and services tax. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods or services. The goods and services are offered for sale only to persons who can make legally binding contracts for the purchase of the goods or services offered.
5. CANCELLATION DUE TO ERROR
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods or supply of the services to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card account for the amount in question.
6. WARRANTY POLICY
Batphone will adhere to warranties and return policies of our suppliers for products sold on this web page. Please return the product and proof of purchase to Batphone at 22 Morrisby St, PO Box 54 Geebung Qld 4034. We note that no refund can be provided without proof of purchase.
7. COPYRIGHT
Unless expressly indicated to the contrary, Batphone or its licensors own all copyright in all texts, graphics and layouts (\"Material\") on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading Material from this website.
8. REPRODUCTION
You may reproduce in whole or in part the Material only if:
a) the reproduction is not for public or commercial purposes; and
b) you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute Batphone as the copyright owner or licensee of the work. Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any Batphone copyright.
9. LINKS TO OTHER WEBSITES
From time to time, this website may contain links to web sites operated by third parties. Batphone does not approve, endorse or sponsor any content or Material on third party websites. Batphone is not responsible for and disclaims any liability arising in connection with the contents of any linked web site nor any hyperlink contained in the linked web site.
10. DISCLAIMER
The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an \"as is\" and \"as available\" basis. Batphone does not warrant or make any representations concerning the completeness, timelines, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall Batphone be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any Material. The use of the website and content is at your own risk. We make no warranty that goods or services acquired from us over this website will meet your requirements. Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website. This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the Material located on third party websites. We do not approve of, endorse, or sponsor any content or Material on third party websites. We make no warranties or representations that use of Material on third party websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on third party websites by linking to such Material or allowing such Material to link to this website.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, and except as otherwise stipulated in these Conditions of Use, Batphone will not accept liability to you for damages for loss of earnings or loss of profit, or for any indirect, special, or consequential loss or damage which may be suffered or incurred by you or which may arise directly or indirectly including in respect of:
a) the accessing, downloading, using or relying on any Material on this website or any material on a third party website;
b) personal injury (including sickness and death);
c) goods or services supplied pursuant to an order placed on this website; or
d) any failure or omission on our part to comply with our obligations as set out in these Conditions of Use, whether caused by negligence of Batphone or otherwise. The liability of Batphone for a breach of a condition or warranty implied by law and to which cannot be excluded, is limited, to the extent possible, at Batphone option to:
a) the supply of the goods or services again; or
b) the repair of the goods; or
c) the payment of the cost of having the goods or services supplied again or repaired.
12. VIRUS WARNING
Batphone does not represent or warrant that any files or other Material obtained from or through this website are free from computer viruses or other defects, including trojan hoses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
13. INDEMNITY
You agree to defend, indemnify and hold Batphone, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement or transmission of any Material on this website by you.
14. SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
15. TERMINATION
Batphone may, in its sole discretion, terminate or suspend your access to all or part of this website for any reason at any time without notice. In the event of termination, you are no longer authorised to access the website. All restrictions imposed by you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.
16. GOVERNING LAW
The Conditions of Use are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.
17. SEVERABILITY
If any provision of the Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect. 18. CONSENT
You consent to Batphone using and disclosing your personal information for the purpose of contacting you, including but not limited to by telephone, email, SMS and MMS, for the purpose of offering you products and services or for other marketing purposes. Such consent is provided for an indefinite period, and may only be revoked by you contacting Batphone and informing it that you no longer wish to receive such communications.