Conditions (Terms) of Use and Copyright andStatement
1. General Terms of Use
1.1 General
These terms of use, including the terms set out below, the copyright restriction, , and any further terms and conditions applying to specific ERA Nurseries Website (“Website”) content ("Terms of Use"), apply to the use of the Website, the content of the Website, and any secure or subscription services accessed through the Website ("Services").
In these Terms of Use, use of the terms "ERA Nurseries", "us", "our" or "we" refers to ERA Nurseries (Eco Reafforestion Australia Pty Ltd) ACN 13 007 073 921 of 232 South Boundary Road, Hamilton. Victoria 3300 as the owner of the Website, and the terms "you" and "your" refer to the user or viewer of the Website.
By accessing or using the Website, you agree to the Terms of Use on behalf of yourself and/or the organisation on whose behalf you are accessing the Website, and you warrant that you are authorised to do so.
We may change these Terms of Use at our discretion and without notice. By continuing to use the Website, you accept the Terms of Use as they apply from time to time. A copy of the current Terms of Use is displayed on the Website at all times. Your use of this Website and any dispute arising out of such use is subject to the laws of the Commonwealth of Australia and the State of Victoria.
1.2 Limitations on use of Website
It is a condition of you using this Website that you and the organisation that you represent do not:
• defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
• transmit any message, data, image or program which is indecent, obscene or pornographic;
• use the Website or the Website content (including email addresses) to transmit unsolicited commercial electronic messages not directly related to ERA Nurseries’s business;
• transmit any message, data, image or program that would violate the property rights of others, including unauthorised copyrighted text, images or programs, trade secrets or other confidential proprietary information;
• interfere with the rights of others to use the Services;
• transmit any file which contains viruses, worms, “Trojan horses”, adware, spyware, self-executing code or any other contaminating or destructive features (“malware”);
• use the facilities and capabilities of the Services to conduct, or solicit the performance of, any illegal activity;
• impersonate or falsely represent your association with any person or organisation;
• use, reproduce, sell, resell or otherwise exploit any of the Services for commercial purposes except where this is expressly permitted (for example, under a separate licence agreement entered into between you and ERA Nurseries);
• attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of this Website, including the use of automated tools; or
• access or attempt to access information resources you are not authorised to use.
Any use of Website information for operational or commercial purposes must be expressly authorised by ERA Nurseries. For more information, contact ERA Nurseries.
1.3 Disclaimers and limitation of liability
The Website content is for general information purposes only. While ERA Nurseries has taken reasonable steps to ensure the accuracy of the Website content, unless we expressly agree otherwise with you in a separate written agreement, ERA Nurseries disclaims all representations and warranties regarding the currency, completeness, accuracy, reliability, performance, suitability and / or availability of the Website content, and you acknowledge that your use of the Website content is strictly at your own risk.
To the extent permitted by law, ERA Nurseries disclaims all liability for any loss, damage, expense and costs incurred by any person arising out of accessing, downloading, using or relying on any material from the Website. Where any law implies a warranty into these Terms of Use which may not be lawfully excluded, then to the maximum extent permitted by law, ERA Nurseries liability for breach of the warranty will, at our option, be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
You agree to release, indemnify, defend and hold harmless, ERA Nurseries and its employees, contractors and officers from all loss, liabilities, damages, costs, claims and expenses (including legal costs on a full indemnity basis) that arise directly or indirectly from your breach of the Terms of Use and your activities in connection with the use of this Website and any of the Services.
1.4 Links to other websites
Links to other websites are included in the Website for convenience only and do not constitute ERA Nurseries endorsement of material at those websites or any associated organisation, product or service. Linked websites are not under the control of ERA Nurseries, and ERA Nurseries is not responsible for the content of any linked website or any link contained in a linked website, or changes or updates to such websites. You agree that you access and use linked websites at your own risk.
You must not create or maintain any link from another website to this Website without our written consent. To obtain consent, please write to: admin@eranurseries.com.
ERA Nurseries is not responsible to you or anyone else for any loss suffered in connection with accessing or using any linked websites, except as we expressly agree with you in a separate written agreement. This includes, but is not limited to, the transmission of any malware. ERA Nurseries recommends that prior to using any downloaded files you carry out an appropriate virus check.
1.5 Account holders
Some Services may require that you register with ERA Nurseries to obtain a username and password that can be used to log in to access content or secure facilities. It is your responsibility to protect your password from disclosure to unauthorised individuals. If you sign up for a username and password, you agree to be responsible for:
• all activities that occur under your username and password;
• maintaining the confidentiality of your password and the secure information disclosed to you;
• changing your password on a regular basis;
• contacting us if your password becomes known to unauthorised personnel;
• contacting us to change your password if personnel who know the password leave the organisation;
• contacting us if your username, password or shared secrets have been lost, stolen or otherwise compromised; and
• logging out at the end of each session.
1.6 Security and malware
The effective management and security of this Website requires that usage is occasionally monitored, and analysed for evidence of misuse and attempted or actual security breaches. If you violate these Terms of Use, including by unauthorised or improper usage, ERA Nurseries may record these activities and take appropriate action against you or, where applicable, an account you hold with ERA Nurseries. This action can range from issuing a warning, to the termination of your account or access. ERA Nurseries reserves the right to report any offence to the proper authorities.
You acknowledge that the internet is an insecure public network which means there are risks that information sent to or from the Website may be intercepted, corrupted or modified by third parties. In addition, files obtained from or through the Website may contain malware. You agree that you bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks.
1.7 Data formats and email
ERA Nurseries fax machines use A4 paper and print in black not colour.
ERA Nurseries will generally accept email correspondence. Certain transactions may require identification of an individual, which may preclude a transaction being conducted electronically. You should confirm requirements with the relevant area of ERA Nurseries.
ERA Nurseries will direct email replies to the email address from which the communication was sent unless an alternative email address or form of communications is specified (for example, in a relevant agreement between you and ERA Nurseries).
All electronic addresses of ERA Nurseries and its employees published on this Website are for business purposes only. ERA Nurseries and its employees do not consent to receiving unsolicited commercial electronic messages not directly related to ERA Nurseries business.
ERA Nurseries currently employs PMDF, Microsoft Exchange Server and MS Outlook in its email system. These systems enable us to process the vast majority of modern email types and attachments. Attachment types can be in any standard format, including but not limited to MS Office, Word Perfect, JPG, GIF, BMP, MPEG, AVI.
ERA Nurseries employs an email content management system to scan all incoming and outgoing email. It is our corporate security policy to strip all common executable formats, including but not limited to .exe, .vbs, .bat, .pif etc. Please note that the receipt and dispatch of image and multimedia files is reviewed and may be blocked by ERA Nurseries system as they are received, should any issue regarding their content be raised. The receipt of all other attachment types is logged by the system for future reference if required.
Total incoming email message size (including headers and attachments) is limited to 4Mb. Encryption of attachments, if used, should be discussed with the intended recipient before sending, however, PGP or any self-extractive archive is preferred. Winzip is the corporate standard for compression.
2. Copyright
All Website content, including (without limitation) text, graphics, information architecture and coding, is copyright of, or licensed by, ERA Nurseries. Except where otherwise stated in relation to specific Website content or ERA Nurseries material available for purchase through this Website, you may download, display, print and reproduce this material for your non-commercial and personal use, or for non-commercial use within your organisation, provided that any reproduction is unaltered, shows the date of first publication, and that an attribution of the source is included.
ERA Nurseries may enter into a separate agreement with you in relation to use of specific Website content (in which case that agreement will supersede this copyright statement and prevail to the extent of any inconsistency).
Apart from any other use as permitted under the Copyright Act 1968 (Cth) or granted in a separate agreement, all other rights are reserved.
If you wish to make any other use of our Website content, you must have our prior written permission. To ask for permission or for further information, please contact admin@eranurseries.com.