Terms and Conditions

IMPORTANT: 

Please read these terms and conditions carefully before submitting your Order or using the Weed Force website.  These terms and conditions regulate the use of the website, ordering process, delivery of Goods, return of Goods and the terms on which Weed Force is prepared to trade. 

 

The material contained in this web site is for the sole purpose of providing information about Weed Force Pty Ltd ( hereafter referred to as Weed Force)  (www.weedforce.com.au) and its products and services to interested parties. 

By browsing www.weedforce.com.au or the Weed Force Facebook page it means you agree to the Terms of Use and the privacy statements of this site.

 

Before using any Goods purchased from Weed Force, You MUST read the product Specifications, Product Label, and Directions For Use the product label and ensure that you only use the Goods in a manner that is consistent with the terms of the product label.  The use of Goods for purposes for which they have not been registered may be a breach of legislation in Your State or Territory. Applying Goods at rates, in situations, or under conditions which not recommended on the product label may cause personal injury, damage to property, damage to desirable vegetation, and reduce yields of crops and pastures, for which Weed Force is not liable. 

 

Weed Force has compiled this web site in good faith. Weed Force makes no representation or warranty (express or implied) as to the completeness, currency, accuracy or any other aspect of the material contained in this web site or in any linked web sites. 

To the extent permitted by law and except where to do so would render any part of this disclaimer void, Weed Force is not liable for any direct or indirect loss or damage including, but not limited to, any special, compensatory, indirect, punitive or consequential loss or damage, arising out of the use of this web site or any web sites linked to this web site; and

excludes all conditions and warranties implied by any law.

By placing an Order, You warrant that You:

 

1.1.     are aged 18 years or older; 

 

1.2.         are purchasing the Goods for use strictly for the purpose for which the products are legally registered and will abide by all recommendations as documented on the Product Label and Directions For Use

 

1.3.        are authorised to place an Order and effect payment for the Goods in the manner nominated in Your Order; 

 

1.4.        have provided accurate and complete identification information, including name, address, telephone number and e-mail address; and

 

1.5.        will only use the Goods in a manner that is consistent with the purposes for which they are registered and in conformity with any labels appearing on the Goods or any manufacturer Specification, Product Label, and Directions For Use. 

 

2.1.        These terms and conditions form the basis of any Contract between Weed Force and You for the purchase of Goods that you order either through the Website or purchase through an appointed Weed Force reseller.

 

2.2.        Each Order that You submit to Weed Force and which Weed Force accepts will form a separate Contract in respect of the Goods to which that Order relates.  Each individual Contract may be delivered separately, and consequently separate Freight Charges and other charges may apply to each of these separate Contracts.  Weed Force may consolidate multiple separate Contracts upon request and at its discretion.

 

2.3.        Any Contract between You and Weed Force is taken to be formed in Victoria (being the place where Weed Force accepts Your Order).

 

2.4.        Weed Force may update, vary or amend these terms and conditions (to create Revised Terms and Conditions) at any time, however the Revised Terms and Conditions will not affect any Contracts that have already been formed.  The Revised Terms and Conditions will apply to any Orders that are submitted after the Revised Terms and Conditions are published on the Website and will be comprised in any Contracts that are formed after the time of publication.

 

3.1.        Product brochures, Fact Sheets, Specifications, Product Label, and Directions For Use for the Goods appearing on the Website are supplied to Weed Force by the manufacturer.  In publishing these materials Weed Force is merely conveying information and representations made by the manufacturer and is not making any independent representation, or giving any warranty or guarantee, about the nature, characteristics, quality or grade of the Goods or the purposes for which they are suitable to be used. Where Information is summarised on the Web site in the form of text, photos or video material, this is done for the purpose of providing general information only. It is intended that this information is consistent with the manufacturers Specifications, Product Label, and Directions For Use. If any discrepancy is interpreted then the manufacturers Specifications, Product Label, and Directions For Use will always take precedence. In providing general information Weed Force in no way intends to make independent representation about the Products or vary from any Specifications, Product Label, and Directions For Use for the Goods provided by the manufacturer.

 

3.2.        You acknowledge that the Goods delivered to You may vary from the manner in which they are represented or described in the Specifications, Product Label, and Directions For Use or the Website in non-material ways, including in relation to their size, colour or packaging. 

 

3.3.        Goods must be used in accordance with the directions given on their product labels, Specifications, Product Label, and Directions For Use. Some Goods are registered for specific uses only.  It may be an offence in Your State or Territory to use the Goods for a use other than their registered use.  Weed Force is not responsible for providing any advice to You on the appropriate or safe use of the Goods and is not liable if You use the Goods for any use that is not expressly recommended in the Manufacturers Specifications, Product Label, and Directions For Use.

 

3.4.        Weed Force may cease to market or suspend from sale any Good at any time for any reason, and may remove the affected Good from the Website. 

 

4.1.        Weed Force will only accept Orders for delivery within Australia subject to the conditions documented under clause 6. 

 

 4.2.        Your Order is an offer to purchase Goods that are advertised by Weed Force on these Terms and Conditions and at the Price specified at the time You submit Your Order, together with any additional charges associated with Your Order such as Freight Charges and credit card or PayPal fees.

 

4.3.        Weed Force may choose, in its sole discretion, to accept or decline Your Order. 

 

4.4.        Web Orders may only be placed by completing the fields displayed on the Website.  Orders delivered through other electronic means, such as e-mail, will not be accepted.  When submitting Your Order, You will be asked to confirm that You agree to be bound by and comply with these Terms and Conditions.  If You do not, Your Order will not be submitted.  

  

4.5.        Unless You notify Weed Force that You have made an error in Your Order in accordance with the process outlined in clause 9.2, once Your Order has been submitted it cannot be cancelled or varied by You without the agreement of Weed Force (which may be granted or withheld at Weed Force's discretion).  You must send an email  request to info@weedforce.com.au if You wish to request that Weed Force agree to cancel or vary an Order.

 

4.6.        After Your Order is submitted, You will receive an Order Confirmation Email.  The Order Confirmation Email is an acknowledgement that Your Order has been received and does not constitute acceptance of Your Order by Weed Force.

 

4.7.        Weed Force will review Your Order after it is received.  The purpose of this review is to ensure that the Ordered Goods are still in stock, that the Price and Freight Charges are accurate, and that Weed Force is able to arrange delivery to Your Delivery Location.

 

4.8.        Weed Force may notify You of proposed variations to the Order prior to accepting the Order If Weed Force's review of the Order identifies that it is not able to be accepted by Weed Force for any reason.  If the variations notified to You by Weed Force are not acceptable to You, You may cancel Your Order and will be reimbursed any amounts that You have paid in respect of the cancelled Order.

 

4.9.        Weed Force will not accept Your Order or prepare Your Order for delivery to You until it has received payment for the Goods in full, together with payment of any charges associated with Your Order, such as Freight Charges and credit card, PayPal or other payment gateway charges. 

 

4.10.     If Weed Force accepts Your Order, Weed Force will send You an email which:

 

4.10.1.         notifies You that Your Order has been packed for delivery to You; and

 

4.10.2.         attaches a tax invoice for Your purchase.

 

4.11.     Upon acceptance of Your Order by Weed Force, there is a binding Contract between You and Weed Force in relation to the sale and purchase of the Goods the subject of the Order.

 

 

5.1 Payment shall be made in full before the goods are Shipped and the acceptance of any order is based on our Terms and Conditions. All prices are correct as at 23 March 2016 - Unless otherwise stated all Prices listed are in $AUD and Include GST.

 

5.2.        Prices for Goods advertised on the Website may vary depending when finalising payment via the website shopping checkout. This price variation may be due to delivery location, shipping charges, Pay Pal or banking charges associated with processing your order.

 

 5.3       When submitting Your Order, You will be asked to nominate the address for the Delivery Location. Weed Force will only arrange delivery within the Australia Post Delivery Network. When placing an order on the website, You are responsible to provide a delivery address which is serviced by Australia Post. If you wish to request an Delivery Location outside the Australia Post Network, You may make a request under the terms outlined under clause 6.4.1

 

 

5.4.        You must pay for Goods at the time You submit Your Order. When You submit Your Order through the Website, You may pay by credit card or PayPal or such other payment gateways as are offered on the Website from time to time

 

5.5.        If for any reason Weed Force does not accept Your Order, You will not be charged for the Goods.  Any payments that have been made to Weed Force will be refunded to You.

 

5.6.         You will be required to pay a Flat Rate Shipping Fee with every order   purchased via the Web site. This Flat Rate Shipping Fee may vary from time to time however this fee will be clearly displayed on the website at the time of making Your purchase.

 

5.7.         Unless otherwise stated on the Website orders exceeding $AUD 100 may be eligible for free delivery to Locations serviced by the Australia Post Delivery Network. This is offer is a limited offer and may be withdrawn from the Website at any time at the sole discretion of Weed Force.

 

5.8.         Weed Force reserves the right to charge an additional Shipping Fee in addition to those Shipping Fees documented under Clause 5.7. and 5.8. for orders which are requested to be shipped to designated Remote Locations as defined by Australia Post. In such circumstances, this fee will only seek to compensate Weed Force for the additional charges by Australia Post or other courier chosen by Weed Force to deliver to designated Remote Locations.

6.1.        Subject to payment being received from You and Goods being in stock, Weed Force will ordinarily process Your Order within 2 Business Days of its receipt.  The Goods will ordinarily be dispatched to the Delivery Location within approximately 2 Business Days of Weed Force receiving Your Order (subject always to Your Order being accepted by Weed Force and payment in full being made by You), depending on the delivery service and your Delivery Location.  Actual delivery dates are dependent on geographical location and Goods carrier transit times. 

 

6.2.         Most deliveries are sent via Australia Post Bags or Parcel Post depending upon the dimensions and weight of the order. These will be shipped from our Victorian based warehouse. Delivery times are expected to be consistent with the time lines published from time to time by Australia Post.

Weed Force may also use other courier companies, if they are more efficient for your address.

Weed Force will not deliver orders to unattended delivery locations or addresses. If your nominated delivery location or address is unattended at the time of delivery, Australia Post or other nominated courier company representative will issue you a notice to contact for collection.

6.3.        Delivery charges may be charged to you when placing orders via the Website. These charges will be incurred consistent with the terms documented under Clause 5 and will be included at the time your order is placed.

 

6.4.        Deferred delivery dates will not be accepted by Weed Force.

 

6.5.        The Delivery Location must be in Australia.  Only one Delivery Location is permitted with each Order.

 

6.6.        You must nominate a Delivery Location that is able to be serviced by the Australia Post delivery network.  

 

6.7       Requests can be made for delivery to a location not serviced by the Australia Post Delivery Network by emailing a request to info@weedforce.com.au.

Weed Force will consider each request however it will chose to accept or reject at its sole discretion. The full cost of any delivery outside the Australia Post Delivery Network will bourne by You less any Free Delivery entitlement that your order may be eligible for under Clause 6.

 

6.8      Weed Force will only deliver Goods to the nominated Delivery subject always to safety of delivery persons and Location accessibility.

 

6.9.        In some circumstances The Goods carrier may contact You prior to delivering your Goods to confirm the Delivery Location, date and time.

 

6.10.        You, or an authorised representative of You, must be available to accept delivery of the Goods at the Delivery Location at the date and time confirmed with the carrier.  You or Your authorised representative must sign delivery documents acknowledging delivery of the Goods.

 

6.11.        If Weed Force incurs any costs as a result of You not taking delivery of the Goods, Weed Force may recover those costs as a debt due from You.

 

6.12.        If You or Your authorised representative are not available to accept delivery of the Goods at the Delivery Location or the freight carrier is unable to deliver the Goods to You at the nominated Delivery Location for any reason then, unless otherwise agreed, the freight carrier will be instructed by Weed Force to return the Goods to the freight carrier's depot.  Following the return of the Goods:

 

6.13.1.            You and Weed Force may agree a new Delivery Location and/or a new delivery date and time and Weed Force will arrange for the Goods to be re-delivered to You, subject always to You paying any additional costs associated with the re-delivery of the Goods to You; or

 

6.13.2.            You may, at Your cost, collect the Goods from freight carrier's depot at a date and time that is agreed with the freight carrier if they allow this service.

 

          All arrangements relating to new delivery dates and times or the collection of Goods from the freight carrier must be made by You directly with the carrier.

  

6.14.     If the freight carrier does not arrive at the location, date or time agreed with You, You should email Weed Force info@weedforce.com.au and it will arrange for the Goods to be delivered to You at another date and time.  Depending on the circumstances (including those set out under clause 6), you may be required to pay additional costs associated with the delivery of the Goods at the subsequent date or time. 

 

6.15.     Goods will be deemed to have been delivered to You when they are unloaded at the Delivery Location, irrespective of whether You or Your representatives are present for delivery or sign any delivery documents.  In these circumstances, the freight carrier's records will be taken to be proof of delivery to You unless manifestly incorrect.  Weed Force is not responsible for any loss of or damage to Goods that are delivered to the Delivery Location when You or Your representatives are not in attendance.

 

6.16.     Whilst Weed Force will make every effort to deliver the Goods to the Delivery Location in line with the timeframes outlined in clause 6.1 and at the time and date agreed between You and the freight carrier in accordance with clause 6.6, delays can occur.  Weed Force is not liable for any loss or damage directly or indirectly caused by or arising from the failure to deliver the Goods by the estimated date for delivery.

 

7.1.        Title to and risk in the Goods will pass to You on delivery to You. 

 

7.2.        You accept all risk of loss or damage to the Goods regardless of the manner in which such loss or damage is caused, from the time risk passes to You under clause 7.1, including where delivery is effected despite You or Your authorised representatives not being present. 

 

7.3.        If you are returning Goods to Weed Force under the terms outlined under clause 8 You accept all risk of loss or damage to the Goods regardless of the manner in which such loss or damage is caused, from the time risk passes to You under clause 7.1 and 7.2 until the Goods are delivered and accepted by a designated Weed Force warehouse. 

8.1.        Weed Force is committed to ensuring it complies with its legal obligations to accept the return of Non-compliant Goods.  However, subject to clause 8.6. or any applicable laws, Weed Force is not required to accept the return of Goods for reason only that You have changed Your mind about purchasing the Goods, no longer require the Goods or no longer require the quantity of Goods which You ordered.  If You wish to return the Goods for reasons such as these, You must request via email info@weedforce.com.au to obtain Weed Force's agreement to accept their return and to obtain details of the location to which the Goods are to be returned.  Except where required by law, Weed Force will only accept the return of Goods if they are unused, in their original packaging and in a suitable condition for re-sale.

 

8.2.        Where Weed Force does agree to accept the return of Goods despite not being required by law to do so, You will be required to pay all costs associated with the Goods being returned to Weed Force.

 

8.3.        You must inspect the Goods upon delivery to You and inform Weed Force within 2 Business Days if the Goods are Non-compliant Goods, by emailing Weed Force info@weedforce.com.au.    

 

8.4.        If the Goods that have been supplied are Non-compliant Goods then, subject to any applicable laws, Weed Force may at its option:

 

8.4.1.            replace those Goods with Goods which do not suffer the problems specified above; 

 

8.4.2.            repair those Goods or reimburse You for the cost of repairing those Goods so that they do not suffer the problems specified above; or

 

8.4.3.            reimburse to You the Price for those Goods, if You have paid it, 

 

          and in each case, if it is necessary to engage a third party carrier to transport the Goods to Weed Force or a location nominated by Weed Force, Weed Force will pay or reimburse You for the reasonable costs of freight.

 

8.5.        Due to the risk of the Goods deteriorating or becoming contaminated through the manner in which they are stored and not due to any manufacturing defect, unless any applicable law otherwise requires, Weed Force will not accept returns of Goods if it does not receive notification by email under the terms of clause 8.3. that the Goods are Non-compliant Goods within 2 Business Days of delivery.

 

8.6.        Weed Force offers a 30 day No Hassle Free Return Offer on all on line sales. This offer only applies on-line sales and does not apply to any purchase through a reseller or retail outlet or to wholesale accounts. This offer is intended to accommodate You changing Your mind about purchasing the Goods, You have determined that the Goods are not suitable for your intended purpose, You no longer require the Goods or You no longer require the quantity of Goods which You ordered.  If You wish to return the Goods for reasons such as these, You must request this via email info@weedforce.com.au to obtain Weed Force's agreement to accept their return and to obtain details of the location to which the Goods are to be returned.  Except where required by law, Weed Force will only accept the return of Goods if they are unused, in their original packaging and in a suitable condition for re-sale.

 

8.7.        30 day No Hassle Free Return Offer eligibility period will be calculated as 30 calendar Days from the date of delivery of the Goods to You

8.8.        If you are returning Goods to Weed Force under the terms outlined under clause 8 You accept all risk of loss or damage to the Goods regardless of the manner in which such loss or damage is caused, from the time risk passes to You under clause 7.1 and 7.2 until the Goods are delivered and accepted by a designated Weed Force warehouse. 

 

8.9.        Except for Non-compliant Goods, You will be responsible for all costs associated with returning the Goods until they have been delivered and accepted by a designated Weed Force warehouse. 

 

9.1.        From time to time there may be errors in the operation of the Website or in information submitted by You that results in the Order details not being correct.

 

9.2.        If any information that You submit with Your Order is incorrect, You may correct that information by sending an email to info@weedforce.com.au within 1 hour of your order being placed on the website.   

9.3.        If You experience any difficulties with the functionality of the Website and You believe that may have affected an Order which You have submitted, or have attempted to submit, You should email Weed Force info@weedforce.com.au  as soon as possible and in any event prior to Weed Force accepting Your Order, which may be as soon as 1 Business Day after it is submitted.

 

10.1.     Weed Force may, by notice to You, cancel Your Order if:

 

10.1.1.         payment of the Price for the Goods and all associated charges (including, for example, Freight Charges and credit card, PayPal or other payment gateway charges) is not received for any reason within 2 Business Days of Your Order being placed;  

 

10.1.2.         after accepting the Order, Weed Force identifies that there is a material error in any information included in the Order, including the Price of the Goods or any associated charges such as Freight Charges; 

 

10.1.3.        Weed Force or its freight service providers are unable safely to deliver the Goods to the Delivery Location and/or are unable to locate the Delivery Location, and alternative deliver arrangements cannot be agreed with You under clause 6 within 5 Business Days of the original intended delivery date;

 

10.1.4.         it learns that any of the warranties in clause 1 are not true; or

 

10.1.5.         Weed Force no longer holds the Ordered Goods in stock, provided that where practicable Weed Force will first endeavour to vary the Order by offering You a later delivery date or functionally equivalent products to the Goods.  

        Weed Force reserves these rights  to cancel Orders for reasons including that the placement of Orders is automated and relies upon the correct functioning of computerised systems and errors in their operation that impact upon Weed Force's ability to fulfil Orders may not be immediately apparent.

 

10.2.     If for any reason it is necessary to reimburse amounts paid by You, Weed Force will reimburse them:

 

10.2.1.         to the same credit card as You made the payment, where You paid by credit card; or

 

10.2.2.         to your PayPal account, where You paid by PayPal;

 

10.2.3.         to Your bank account where you paid by electronic funds transfer or BPAY (subject, in the case of the latter, to you supplying Weed Force with Your account details); or

 

10.2.4.         in any other case, in any manner which Weed Force reasonably considers to be practicable and equitable having regard to the manner in which payment was effected.

 

11.1.     To the extent permitted by law, Weed Force excludes all conditions, warranties and other provisions relating to the condition or quality of the Goods.  

 

11.2.     Weed Force is not in the business of providing technical or agronomic advice about the Goods or their uses.  You warrant to Weed Force that You:

 

11.2.1.         are not relying upon any conduct or representation of Weed Force or any of its officers, employees or agents in determining whether to purchase the Goods, the use to which the Goods may be put or how the Goods are to be applied; and

 

11.2.2.         will rely upon Your own skill and judgement, or the skill and judgement of advisers other than Weed Force, in relation to the quality of the Goods or their fitness for any purpose for which they may be required;

 

11.2.3.         will read and comply with any Specifications, Product Label, and Directions For Use, material safety data sheets, as well as any product descriptions or manufacturer brochures which the manufacturer publishes and makes available with the Goods, before using the Goods.

 

12.1.     You agree that Weed Force has no liability or obligation to You or any other person arising (directly or indirectly) out of, or in connection with:

 

12.1.1.         the Goods being Non-compliant Goods, save that Weed Force will comply with clause 8.4;

 

12.1.2.         the Goods becoming damaged, contaminated or deteriorating after they are delivered to You;

 

12.1.3.         the Goods not being fit to be used for the purposes that You intend to use them for but which are not uses or purposes for which the Goods are registered, expressly recommended in the Specification, Product Label, and Directions For Use, or designed to be used;

 

12.1.4.         You do not use the Goods in accordance with the Specification, Product Label, and Directions For Use, including  (without limitation) because You apply the Goods at the wrong rates, fail to use Goods in conjunction with other recommended products, or fail to use Goods at the correct time of the season; or

 

12.1.5.         You use the Goods acting on the negligent or misleading advice of any party other than Weed Force.

 

12.2.     Any liability which Weed Force has to You (including, without limitation, for breach of Contract, negligence or breach of any statutory duty) relating to any loss or damage suffered by You will, to the extent permitted by law, be reduced or limited to the extent (if any) that You cause or contribute to the loss or damage.

 

12.3.     To the extent permitted by law, Weed Force is not liable for, and You release Weed Force from liability for, any indirect or consequential loss or damage (including loss of profits, loss of contracts, loss of opportunity or loss of reputation), irrespective of how that loss or damage was caused (including as a result of Weed Force's negligence), even if such loss or damage was reasonably foreseeable.

 

12.4.     You indemnify Weed Force against all claims, costs, liabilities, losses and expenses incurred by Weed Force arising from:

 

12.4.1.         You causing damage to any property or injury or death to any person in connection with the use of the Goods;

 

12.4.2.         any breach of the Contract by You (including a breach of any warranty in clause 1 and Your failure to use the Goods in accordance with clause 3.3); or

 

12.4.3.         any other wilful or negligent acts or omissions by You or Your officers, employees, agents or contracts,

save to the extent caused or contributed to by the wilful or negligent acts or omissions of Weed Force.

 

12.5.     Some Goods may be accompanied by a manufacturer's warranty.  This warranty is between You and the manufacturer.  You must comply with the warranty claims process outlined in the manufacturer's warranty if You wish to make a claim under that warranty. 

 

13.1.      Weed Force (www.weedforce.com.au) understands the importance of privacy protection and is committed to complying with the Privacy Act 1988 (the Act). Weed Force will comply with its Privacy Policy in handling your personal information. Please refer to the Weed Force Privacy Policy published separately on the Website

13.2. Weed Force will record your e-mail address if you submit a form. Your e-mail address will be used only for the purpose for which you have provided it, except where Weed Force has your consent.

 

13.3. If you provide personal information to Weed Force, Weed Force will not use or disclose this information other than for the purpose you provided it, except:

·         if Weed Force has your consent;

·         if Weed Force is authorised to do so by law;

·         if Weed Force reasonably believes it is necessary to lessen or prevent a serious and imminent threat to an individual's life, health or safety or a serious threat to public health and safety; or

to protect Weed Force rights or property.

13.4. When you visit our web site to read, browse, or download information as an unregistered member, we will record:

• the date and time of your visit to our site;
• the pages viewed;
• any information downloaded; and
• the address of your server.

We will not record any personal information (personal information has the same meaning under the Act). Our purpose for recording such data is for operational performance only unless you have given us your consent by subscribing to our newletter database or becoming a registered customer/member.

13.5. Our website and customer data are handled by external professional web hosting companies.

13.6. Our web site contains links to other web sites ('linked sites'). Weed Force is not responsible for the privacy practices of linked sites.

 

13.7.     Weed Force uses third party carriers to delivery the Goods to You and, if necessary, for their collection from You after delivery.  You agree to Your personal details being provided to these carriers to the extent reasonably necessary to enable them to deliver Goods to, or collect Goods from, the Delivery Location.

 

13.8.     If You elect to receive promotional materials from Weed Force, Weed Force may send You notification of campaigns, sales, specials, Goods or other promotional materials to You either by email or to Your postal address or Weed Force may telephone You to inform You of its promotions.  You may unsubscribe from receiving these campaigns at any time by emailing this request to info@weedforce.com.au 

Weed Force is not liable for any failure to perform its obligations under this agreement to the extent and for so long as its performance is prevented or delayed because of an event of Force Majeure.  If practicable in the circumstances, Weed Force will give You notice of the event of Force Majeure.

 

15.1. Terms of Use the material contained in this web site is for the sole purpose of providing information about Weed Force (www.weedforce.com.au) and its products and services to interested parties.

15.2.    Weed Force owns the copyright in the material contained in this web site. In addition to copying permitted by law, the material may be copied subject to the following conditions:

15.2.1.  The material is to be used for personal or non-commercial purposes; and

15.2.2.   The copies retain any copyright and other intellectual property notices contained in the original material.

15.2.3.   This web site and the products, technologies or processes described in this web site may be the subject of other intellectual property rights owned by Weed Force or by third parties. No licence is granted in respect of those intellectual property rights. Your use of this web site must not infringe the intellectual property rights of any person.

15.2.4.  Except where you obtain the prior written consent of Weed Force:

15.2.5.  Trade marks (unregistered or registered) and logos must not be used or modified in any way; and

15.2.6.  You must not link to this web site.

15.2.7.  The intellectual property rights for code and design of www.weedforce.com.au retain copyright to Weed Force Pty Ltd and must not be duplicated or modified in anyway except where you obtain the prior written consent of Weed Force Pty Ltd.

 

16.1.     The Contract is governed by the laws in force in the State of Victoria.  The parties submit to the jurisdiction of the courts of Victoria, including the Federal Court of Australia.

 

16.2.     The Contract is the entire agreement between You and Weed Force in relation to its subject matter, and replaces and supersedes all past discussions, representations, agreements or understandings, whether written or oral.

 

16.3.     If any part of the Contract is void, illegal or unenforceable it is to be severed from the Contract to the extent to which such severance can occur without affecting the remaining provisions.

 

16.4.     Weed Force waives a right under a Contract only by written notice that it waives that right.  A waiver is limited to the specific instance to which it relates and to the specific purpose for which it was given.

 

16.5.     You may assign Your benefits or novate Your benefits and obligations under a Contract to a third party only with the prior written consent of Weed Force.

 

16.6.     Weed Force has the right but not the obligation to set-off any monies owing by You on any account against any monies owing by Weed Force to You on any account.

 

16.7.     Nothing in a Contract is to be treated as creating a partnership or trust. 

 

16.8.     No rule of construction applies to the disadvantage of Weed Force only because Weed Force put forward the Contract or any portion of it.

 

16.9.     A reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time.

 

In these Terms and Conditions, the following words have the following meanings:

 

17.1.     Weed Force means Weed Force Pty Limited ACN 602 207 152 of 2072 Logan Road. Mt Gravatt Queensland 4122.

 

17.2.     Business Day means a day other than a Saturday, Sunday or public holiday in the place where an act needs to occur or, if used in a context where no act needs to occur, in the State of Victoria.

  

17.3.     Contract means a contract between You and Weed Force for the sale and purchase of Goods, which comprises these Terms and Conditions and the terms of Your Order, but does not include the Specification, Product Label, and Directions For Use.

 

17.4.     Delivery Location means the location specified by You when submitting Your Order as the place at which delivery of the Goods is to occur, or any other location agreed between You and Weed Force or its freight carriers in accordance with these terms and conditions.

 

17.5.     Force Majeure means an act of God (including lightning, storm, flood, fire, earthquake, explosion, cyclone, tidal wave, landslide, or adverse weather conditions), an act of public enemy, war, sabotage, blockage, revolution, riot, insurrection or civil commotion, or disruption to the supply of power, gas, water or fuel, and in each case the event must not be caused by and must be beyond the control of the party affected by the act.

 

17.6.     Freight Charge means the fee payable by You for the cost of having the Goods delivered to the agreed Delivery Location, as estimated at the time of placing Your Order and (if applicable) as varied by subsequent notice to You by Weed Force pursuant to clause 5.8.

 

17.8.     Goods means products that are offered for sale by Weed Force through the Website or appointed Weed Force reseller.

 

17.9.     GST means the same as in the GST Law.

 

17.10. GST Law means the same as "GST law" means in the A New Tax System (Goods & Services Tax) Act 1999.

 

17.11. Non-compliant Goods means Goods that:

 

17.11.1.     do not conform with the Specification, Product Label, and Directions For Use, other than non-conformances of the kind permitted by clause 3.2;

 

17.11.2.     are damaged or contaminated before they are delivered to You;

 

17.11.3.     are not fit for the purpose for which they are registered or designed to be used;

 

17.11.4.     are past their expiry date at the time of delivery; or

 

17.11.5.     are not the Goods which You Ordered or are not the correct quantity of Goods that You Ordered.

 

17.12. Order means an order for Goods submitted by You through the Website.

 

17.13. Order Confirmation Email means an email from Weed Force to You acknowledging that Your Order has been received by Weed Force.

 

17.14. Price means the price of the Goods as applicable to the Delivery Location at the time You submit Your Order which, unless otherwise indicated, does include GST.

 

17.15. Privacy Policy means Weed Force's privacy policy as published on the Website.

 

17.16. Specification, Product Label, and Directions For Use means the description of the Goods published by Weed Force using information that is provided to Weed Force by the manufacturer of the Goods, including photographs, material safety data sheets, product labels, product descriptions and manufacturer brochures.

 

17.17. Website means www.weedforce.com.au 

 

17.18. You means the purchaser of Goods through the Website or nominated Weed Force reseller.

 

In these Terms and Conditions, unless the context otherwise requires:

 

18.4.     References to "dollars" of "$" are to Australian Dollars (AUD$), and all Prices, Freight Charges and other fees or charges are in Australian Dollars.

 

18.5.     Words in the singular include the plural and vice versa.

 

18.6.     If a word or phrase is defined its other grammatical forms have the corresponding meanings.

 

18.7.     "Includes" means includes without limitation.

 

18.8.     If the date on or by which an act must be done under this agreement is not a Business Day, that act must be done on or by the next Business Day.

 

18.9.     Where time is to be calculated by reference to a day or event, that day or the day of that event is excluded