Terms of service

OVERVIEW
This website is operated by Biodiverse. Throughout the site, the terms “we”, “us” and “our” refer to Biodiverse. Biodiverse offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve:

transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.
Historical information may not be current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online. These may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We strive to display product colours and images as accurately as possible, but cannot guarantee your screen’s display is accurate.
We reserve the right to:

limit sales to any person or region
limit quantities
discontinue any product
change descriptions or pricing at any time
We do not guarantee the quality of any product, or that errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities per customer, household, or order.
If we make a change or cancel an order, we may attempt to notify you via the contact information you provided.
You agree to provide current, complete and accurate purchase and account information.
You agree to promptly update your account, email, and payment details as needed.

For more information, see our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools "as is" and “as available” with no warranties or endorsements.
Use of these tools is entirely at your own risk.
Future features or tools will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS
Some content or Services may include third-party materials.
We are not responsible for examining or evaluating content, and will not be liable for any third-party materials or websites.
Review third-party policies carefully before engaging in transactions with them.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you submit comments (including creative ideas, suggestions, or proposals), you agree that we may use them without restriction.
We are under no obligation to:

keep comments confidential
compensate for comments
respond to comments

You agree your comments:

won’t infringe any third-party rights
won’t contain unlawful, abusive, or harmful material
won’t impersonate others or mislead
We are not responsible for comments posted by users or third-parties.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
We may occasionally publish errors or omissions related to product descriptions, pricing, availability, etc.
We reserve the right to correct these and cancel or amend orders at any time.
We are not obligated to update or clarify information unless legally required.

SECTION 12 - PROHIBITED USES
You are prohibited from using the site or its content:
(a) for unlawful purposes
(b) to violate any regulations or laws
(c) to infringe on IP rights
(d) to harass, defame, or discriminate
(e) to submit false information
(f) to spread malware or viruses
(g) to collect others' personal info
(h) to spam, phish, or scrape
(i) for obscene or immoral purposes
(j) to interfere with security features

We may terminate your use for violating these rules.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee uninterrupted, error-free or secure Service.
The Service and all products are provided “as is” and “as available” without warranties of any kind.
We are not liable for:

direct, indirect or incidental damages
lost profits or revenue
loss of data or replacement costs

Some jurisdictions may not allow limitations of liability, so these may not apply to you.

SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Biodiverse, its partners, employees, affiliates, agents, and suppliers from any claim or demand arising out of your breach of these Terms or violation of any law or third-party rights.

SECTION 15 - SEVERABILITY
If any part of these Terms is found to be unlawful or unenforceable, it will not affect the validity of the rest of the Terms.

SECTION 16 - TERMINATION
These Terms are effective until terminated by either you or us.
You may terminate by ceasing use of the site.
We may terminate if you fail to comply with any part of the Terms.

SECTION 17 - ENTIRE AGREEMENT
These Terms, along with any policies posted by us, constitute the entire agreement between you and us, superseding all prior agreements.

SECTION 18 - GOVERNING LAW
These Terms of Service are governed by and interpreted in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service on this page.
We reserve the right to update or change these Terms at any time by posting changes to our site. Your continued use of the site constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at enquiries@biodiverse.au.
Our contact information is listed below:

Biodiverse
Email: enquiries@biodiverse.au