Terms of Service

TERMS & CONDITIONS

These Terms and Conditions govern your access and use of our website (www.thebeeskneesnursery.com) and related services including the ordering, purchase and delivery of items from our website and subscriptions to our online newsletter (collectively, our ‘Website’).

This Website and all content on the Website is hosted by Shopify and operated and owned by The Bee’s Knees Nursery, ABN: 99 302 091 567 (‘The Bee’s Knees Nursery’, ‘we’, ‘us’ or ‘our’).

These Terms and Conditions are to be read in conjunction with any additional Terms and Conditions or policies we provide (collectively referred to as ‘Terms’), including but not limited to our Privacy Policy, Returns Policy, Shipping Policy, FAQ pages, and item descriptions.

To the extent of any inconsistencies, the provisions of these Terms and Conditions apply.

By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years and you have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.

If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by The Bee’s Knees Nursery.

We, The Bee’s Knees Nursery, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 15 November 2024.

Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  • remove any copyright or other proprietary notations from any materials and software on this website;
  • transfer the materials to another person or “mirror” the materials on any other server;
  • knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service The Bee’s Knees Nursery provides;
  • use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  • use this website or its associated services in violation of any applicable laws or regulations;
  • use this website in conjunction with sending unauthorised advertising or spam;
  • harvest, collect or gather user data without the user’s consent; or
  • use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to The Bee’s Knees Nursery and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by The Bee’s Knees Nursery at any time.

Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, The Bee’s Knees Nursery makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall The Bee’s Knees Nursery or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if The Bee’s Knees Nursery or an authorised representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. The Bee’s Knees Nursery does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links
The Bee’s Knees Nursery has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by The Bee’s Knees Nursery of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

ABN: 99 302 091 567