Terms and Conditions
Theflowerrun.com.au (the “Site”) is owned and operated by AJP Trading Trust trading as The Flower Run (ABN 21652763864 ) (“The Flower Run”, “We” or “Us”). Any use of theflowerrun.com.au is in total agreement with the terms and conditions that are outlined below. These terms and conditions also govern the supply of any goods to you by The Flower Run whether facilitated by the Site or by any other means. If you do not agree to these terms and conditions, you should immediately cease use of the Site. The use of the Site and the provision of goods to you by The Flower Run is conditional on your acceptance without modification of these terms and conditions.
These terms and conditions supersede and exclude all prior/other dealings, discussions, representations and/or arrangements relating to the use of the Site and/or the supply of goods by The Flower Run.
Any failure on the part of The Flower Run to exercise or any delay in exercising any right, power or remedy pursuant to these terms and conditions does not operate as a waiver. If any term of these terms and conditions is unenforceable or invalid, such term(s) will be severed and the remaining terms will continue to bind the parties.
The Flower Run reserves the right, at our complete discretion, to revise these terms and conditions at any time by posting new/revised terms on the Site. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes. It is your responsibility to check periodically for any changes we may make to these terms and conditions.
The Flower Run has sole discretion to accept or reject any order or any variation or modification of an order. The Flower Run has sole discretion to accept or reject any order cancellation request.
If you have entered into a subscription arrangement to receive flowers on a regular basis either weekly, fortnightly or monthly, you agree that your subscription will continue until such time as it is cancelled by you. If you wish to cancel your subscription you must do so prior to 11.59 pm on the day prior to your next scheduled delivery.
All reasonable efforts will be made by The Flower Run to have flower and/or any other goods ordered, delivered to you on the date they are ordered. However, under these terms and conditions time is not of the essence and The Flower Run shall not be liable for any failure to deliver or delay in deliver for any reason.
The Flower Run expressly reserves the right to cancel and/or refund or exchange, any order placed and/or paid for.
All price indications or price lists provided by The Flower Run are subject to alteration at any time without notice. To avoid any doubt this includes subscription arrangements.
The use of the Site is at your sole risk. Theflowerrun.com.au is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part of it at any time. The Flower Run does not guarantee that prices or promotions displayed on the site are valid at time of ordering.
To the maximum extent permitted by applicable law, The Flower Run expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and any warranties that access to the Site will be uninterrupted or error-free, that the site will be secure, or that information on the site will be complete, accurate or timely.
Limitation of liability
To the fullest extent permitted by applicable law, you understand and agree that neither The Flower Run nor any of its third-party content providers shall be liable for any direct, indirect, incidental, special, consequential, punitive, or any other damages relating to or resulting from your use of or inability to use the Site or from any actions we take or fail to take as a result of electronic mail messages you send us. These include, but are not limited to, damages for errors, omissions, interruptions, defects, delays, computer viruses, your loss of profits, loss of data, unauthorised access to and alteration of your transmissions and data, and other tangible and intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence, or otherwise, and even if we or our representatives have been negligent or have been advised of the possibility of such damages.
Use of material from the Site
Theflowerrun.com.au (including all its content) remains property of The Flower Run and is protected by copyright and other laws of Australia and other countries. You use of the Site is in agreeance that you will not use any material from the Site for your personal or a related parties benefit or advantage.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with The Flower Run. The Flower Run is in no way responsible for any content appearing on such an Internet site or webpage. The Flower Run also does not accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use or reliance upon the data or materials which appear at the linked Internet sites or webpages.
Theflowerrun.com.au is operated by The Flower Run in Western Australia. The laws of Western Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Western Australia, for any action to enforce these terms and conditions.