Riddells Creek Growers Club Membership Terms & Conditions

1. Please carefully read the following Terms and Conditions (“Terms”) relating to your access to and/or use of your membership to the Riddells Creed Growers Club membership program (“Membership”) so that you (“you” or “your” as the context may require) are completely clear on the nature of our agreement. If you have any questions or queries, please reach out to us at your convenience. . The Membership is owned and operated by Riddells Creek Nursery () (“Riddells Creek Nursery”, “we”, “our” or “us” as the context may require).

2. These Terms apply in conjunction with our Privacy Policy (which can be found at www.riddellscreeknursery.com.au/policies/privacy-policy) and our Website Terms and Conditions (which can be found at www.riddellscreeknursery.com.au/policies/terms-of-service) which should be read together with these Terms. To the extent of any inconsistency between these Terms and our Privacy Policy or Website Terms, these Terms shall prevail to the extent of the inconsistency.

3. We may, in our sole discretion, modify or revise these Terms or any of our other policies at any time without notification, and you agree to be bound by such modifications or revisions. We recommend periodically revisiting the Terms to ensure you are kept up-to-date with any changes made.

 

Your Membership

4. Riddells Creek Nursery owns the Membership and the Website and we offer a range of various benefits those who sign up to the Membership, including exclusive monthly discounts, early access to sales events and access to a community and other benefits outlined at: www.riddellscreeknursery.com.au/pages/growers-club. You understand that we, in our sole discretion and without prior notice or liability, may discontinue, modify or alter any aspect of our Membership/s, including, but not limited to, (i) restricting the offerings and benefits that are available in any Membership, (ii) restricting the amount of use and/or access permitted, and/or (iii) restricting or terminating your right to use your Membership or any part of your Membership. You agree that any termination or cancellation of your access to or use of your Membership may be effected without prior notice to you. We will always, at all times, act reasonably in enforcing these rights, however, must reserve all rights to do so to protect us and other clients.

5. By signing up to a Membership, you hereby represent and warrant that:

1. You are 18 years of age or older;
2. You have the legal capacity (i.e. both mentally and physically) to enter into a legally binding agreement;
3. Any agreement is entered into freely and voluntarily without any outside pressure;

• ; and

1. You have read and accept these Terms as well as our Website Terms and Conditions and our Privacy Policy.

 

Signing up to a Membership

6. In order to sign up to a Membership, you must either:
   1. Visit contact us page: riddellscreeknursery.com.au/pages/contact ; or
   2. ask a staff member at our nursery, located at 675 Kilmore Rd, Riddells Creek VIC 3431 and provide your full name, email address, valid phone number and post code.
   3. Call us at (03) 5428 7387 and sign up over the phone providing your full name, email address, valid phone number and post code.

7. It may take up to two (2) business days for your Membership to be successfully registered/activated.

8. For clarity, there is no fee to sign up to a Membership.

9. Memberships are not transferable, unless otherwise stated.

10. Should you wish to cancel your Membership, you must email send an email E-mail via website - https://riddellscreeknursery.com.au/pages/contact or by calling us at (03) 5428 7387 and requesting a Membership cancellation.

11. Once your Membership has been cancelled, you understand that you will not have access to any of the Membership benefits.

 

Availability of your Membership

12. The availability and use your Membership may be limited based on demographic and/or geographic and/or other criteria as we may establish from time to time.

 

Liability

13. To the full extent permitted by law: (a) Riddells Creek Nursery disclaims all warranties and representations, whether express or implied, including as to the operation of your Membership, any content, benefits, information, products or services made available by your Membership; (b) Riddells Creek Nursery does not warrant that your Membership will be uninterrupted or error free, that any defects will be corrected or that the content is free from viruses or other harmful components; and (c) Riddells Creek Nursery shall not be liable for any loss, damage or personal injury whatsoever which is suffered or sustained (including but not limited to indirect or consequential loss), as a result of (i) using your Membership; (ii) any incorrect or inaccurate information howsoever caused; or (iii) any technical difficulty, error, non-receipt, delay, omission, interruption, deletion, defect, theft, destruction, fraud, unauthorised access or intervention, tampering, virus, bug, or communications, network or equipment failure.

14. If for any reason your Membership is not capable of operating as planned, or if its security, fairness, integrity or proper conduct is affected, including circumstance beyond the control of Riddells Creek Nursery, Riddells Creek Nursery reserves the right in its sole discretion to disqualify any individual who tampers with their Membership and to cancel, terminate, modify or suspend their Membership.

15. You agree to indemnify and keep indemnified Riddells Creek Nursery and its officers, employees, agents, subsidiaries and affiliates against any claim, loss, damage, liability, costs, penalties or suits arising out of your use of your Membership. In no event will Riddells Creek Nursery be responsible for any special, indirect, consequential or economic loss.

 

Intellectual Property

16. Riddells Creek Nursery is the sole owner of all the copyright, trade marks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with your Membership unless otherwise specifically stated.

17. By accessing your Membership, you agree that you will not republish, reproduce, copy, sell, modify or otherwise exploit (in full or in part) any material within your Membership without our express written consent.

 

Privacy

18. We collect, use, hold and disclose your personal information in accordance with our Privacy Policy (available at www.riddellscreeknursery.com.au/policies/privacy-policy).

19. Any personal information that is collected in accordance with any Membership is owned by Riddells Creek Nursery.

 

General

20. Your Membership may provide links or references to other sites originating from other companies, individuals or organisations but we have no responsibility for the content or operation of any such sites and shall not be liable for any damages or injury arising out of or resulting from access to or use of such sites.

21. You accept that your Membership and the benefits available are provided on an "as is" and "as available" basis without any warranties of any kind either expressed or implied, and all warranties are waived to the fullest extent permissible pursuant to applicable law.

22. You are aware that other businesses and/or entities do not have any authority, express or implied, to make any representation or warranty on behalf of Riddells Creek Nursery. Riddells Creek Nursery takes no responsibility for any disputes, complaints, claims or suits that arise out of the acts or omissions of any other business or entity including their offers, products or services, misrepresentation or default by the business and/or entity. Any complaints in relation to these matters shall be made direct to the relevant business and/or entity.

23. To the extent permitted by law, but subject to the Competition and Consumer Act (2010) and any other applicable laws that cannot be excluded, Riddells Creek Nursery excludes all liability in contract, tort (including negligence) or otherwise in connection with these Terms and all terms, conditions, warranties and representations (express or implied). Riddells Creek Nursery makes no warranty as to the accuracy or completeness of any information provided to you. To the extent permitted by law, we will not be liable for any cost, loss, expenses or damages in respect of your Membership or for any errors contained within your Membership, or for any technical error that may occur in the administration of your Membership including any omission, interruption, deletion, defect or delay. Subject to any rights under applicable laws and to the extent permitted by law, where our liability cannot be excluded, such as for a breach of implied conditions or warranties, our liability will be limited, at the option of Riddells Creek Nursery, if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of the goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (iv) the payment of having the goods repaired and, if the breach relates to services, (i) the supply of the services again; or (ii) the payment of the cost of having the services supplied again. In no event shall we be liable for economic, indirect or consequential loss.

24. We will not be liable for any delay or failure caused by circumstances outside its reasonable control (including but not limited to any act of God, war, pandemic or epidemic, industrial dispute, electricity or network or communications failure, governmental or legal restraint).

25. These Terms are governed by the laws of Victoria, Australia. Any provision held to be unenforceable, invalid or illegal will be severed and will not invalidate remaining terms.