Terms and conditions

1. About the Website

1.1. Welcome to growingmadesimple.com.au (the 'Website'). The Website online

courses and newsletters (the 'Services').

1.2. The Website is operated by Growing Made Simple Ltd (ABN 17 206 737 006; ACN 669 346 794) .

Access to and use of the Website, or any of its associated Products or

Services, is provided by Growing Made Simple Ltd . Please read these terms and

conditions (the 'Terms') carefully. By using, browsing and/or reading the

Website, this signifies that you have read, understood and agree to be bound

by the Terms. If you do not agree with the Terms, you must cease usage of the

Website, or any of Services, immediately.

1.3. Growing Made Simple Ltd reserves the right to review and change any of the Terms

by updating this page at its sole discretion. When Growing Made Simple Ltd updates

the Terms, it will use reasonable endeavours to provide you with notice of

updates to the Terms. Any changes to the Terms take immediate effect from

the date of their publication. Before you continue, we recommend you keep a

copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by

clicking to accept or agree to the Terms where this option is made available to you by

Growing Made Simple Ltd in the user interface.

3. Registration to use the Services

3.1. In order to access the Services, you must first register for an account through

the Website (the 'Account').

3.2. As part of the registration process, or as part of your continued use of the

Services, you may be required to provide personal information about yourself

(such as identification or contact details), including:

(a) Email address

(b) Preferred username

3.3. You warrant that any information you give to Growing Made Simple Ltd in the course

of completing the registration process will always be accurate, correct and up

to date.

3.4. Once you have completed the registration process, you will be a registered

member of the Website ('Member') and agree to be bound by the Terms.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Growing Made Simple Ltd ; or

(b) you are a person barred from receiving the Services under the laws of

Australia or other countries including the country in which you are resident

or from which you use the Services.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or

guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your

password and/or email address. Use of your password by any other

person may result in the immediate cancellation of the Services;

parties, is strictly prohibited. You agree to immediately notify Growing Made Simple Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Website is limited, non-transferable and allows for

the sole use of the Website by you for the purposes of Growing Made Simple Ltd

providing the Services;

(e) you will not use the Services or the Website in connection with any

commercial endeavours except those that are specifically endorsed or

approved by the management of Growing Made Simple Ltd ;

(f) you will not use the Services or Website for any illegal and/or unauthorised

use which includes collecting email addresses of Members by electronic or

other means for the purpose of sending unsolicited email or unauthorised

framing of or linking to the Website;

(g) you agree that commercial advertisements, affiliate links, and other forms

of solicitation may be removed from the Website without notice and may

result in termination of the Services. Appropriate legal action will be taken

by Growing Made Simple Ltd for any illegal or unauthorised use of the Website;

and

(h) you acknowledge and agree that any automated use of the Website or its

Services is prohibited.

5. Payment

5.1. Where the option is given to you, you may make payment for the Services (the

' Services Fee') by way of:

(a) Credit Card Payment ('Credit Card')

(b) PayPal ('PayPal')

5.2. All payments made in the course of your use of the Services are made using

Stripe. In using the Website, the Services or when making any payment in

relation to your use of the Services, you warrant that you have read,

understood and agree to be bound by the Stripe terms and conditions which

are available on their website.

5.3. You acknowledge and agree that where a request for the payment of the

Services Fee is returned or denied, for whatever reason, by your financial

institution or is unpaid by you for any other reason, then you are liable for any

costs, including banking fees and charges, associated with the Services Fee.

5.4. You agree and acknowledge that Growing Made Easy can vary the Services

Fee at any time .

6. Refund Policy

Growing Made Simple Ltd will only provide you with a refund of the Services Fee in the event

they are unable to continue to provide the Services or if the manager of Growing Made Simple Ltd makes a decision, at its absolute discretion, that it is reasonable to do so

under the circumstances (the 'Refund').

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Growing Made Simple Ltd are subject to copyright. The material on the Website is protected by

otherwise indicated, all rights (including copyright) in the Services and

compilation of the Website (including but not limited to text, graphics, logos,

button icons, video images, audio clips, Website, code, scripts, design

elements and interactive features) or the Services are owned or controlled for

these purposes, and are reserved by Growing Made Simple Ltd or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or

licensed by Growing Made Simple Ltd .

Growing Made Simple Ltd does not grant you any other rights whatsoever in relation

to the Website or the Services. All other rights are expressly reserved by

Growing Made Simple Ltd.

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in

your device's cache memory; and

use.

7.3. Growing Made Simple Ltd retains all rights, title and interest in and to the Website

and all related Services. Nothing you do on or in relation to the Website will

transfer any:

(a) business name, trading name, domain name, trade mark, industrial

design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name,

trade mark or industrial design, or

or copyright (or an adaptation or modification of such a thing, system or

process),

to you.

7.4. You may not, without the prior written permission of Growing Made Easy and

the permission of any other relevant rights owners: broadcast, republish, upload

to a third party, transmit, post, distribute, show or play in public, adapt or

change in any way the Services or third party Services for any purpose, unless

otherwise provided by these Terms. This prohibition does not extend to

materials on the Website, which are freely available for re-use or are in the

public domain.

8. Privacy

8.1. Growing Made Simple Ltd takes your privacy seriously and any information provided

through your use of the Website and/or Services are subject to Growing Made Simple Ltd's Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties,

representations or conditions implied or imposed by law, including the

Australian Consumer Law (or any liability under them) which by law may not be

limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are

not expressly stated in the Terms are excluded; and

(b) Growing Made Simple Ltd will not be liable for any special, indirect or

consequential loss or damage (unless such loss or damage is reasonably

foreseeable resulting from our failure to meet an applicable Consumer

Guarantee), loss of profit or opportunity, or damage to goodwill arising out

of or in connection with the Services or these Terms (including as a result

of not being able to use the Services or the late supply of the Services),

whether at common law, under contract, tort (including negligence), in

equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the

Website and the Services is provided to you "as is" and "as available" without

warranty or condition of any kind. None of the affiliates, directors, officers,

employees, agents, contributors and licensors of Growing Made Simple Ltd make any

express or implied representation or warranty about the Services or any

products or Services (including the products or Services of Growing Made Simple Ltd ) referred to on the Website, includes (but is not restricted to) loss or

damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect,

failure to correct defects, delay in operation or transmission, computer

virus or other harmful component, loss of data, communication line failure,

unlawful third party conduct, or theft, destruction, alteration or

unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the

Services, or any of its Services related products (including third party

material and advertisements on the Website);

the products of Growing Made Simple Ltd; and

(d) the Services or operation in respect to links which are provided for your

convenience.

10. Limitation of liability

10.1. Growing Made Simple Ltd's total liability arising out of or in connection with the

Services or these Terms, however arising, including under contract, tort

(including negligence), in equity, under statute or otherwise, will not exceed the

resupply of the Services to you.

10.2. You expressly understand and agree that Growing Made Simple Ltd, its affiliates,

employees, agents, contributors and licensors shall not be liable to you for any

direct, indirect, incidental, special consequential or exemplary damages which

may be incurred by you, however caused and under any theory of liability. This

shall include, but is not limited to, any loss of profit (whether incurred directly or

indirectly), any loss of goodwill or business reputation and any other intangible

loss.

11. Termination of Contract

11.1. The Terms will continue to apply until terminated by either you or by Growing Made Simple Ltd as set out below.

11.2. If you want to terminate the Terms, you may do so by:

Your notice should be sent, in writing, to Growing Made Simple Ltd via the 'Contact' link on our homepage.

(a) closing your accounts for all of the services which you use, where

Growing Made Simple Ltd has made this option available to you.

11.3. Growing Made Simple Ltd may at any time, terminate the Terms with you if:

(a) you do not renew the Subscription at the end of the Subscription Period;

(b) you have breached any provision of the Terms or intend to breach any

provision;

(d) the provision of the Services to you by Growing Made Simple Ltd is, in the

opinion of Growing Made Simple Ltd, no longer commercially viable.

11.4. Subject to local applicable laws, Growing Made Simple Ltd reserves the right to

discontinue or cancel your membership at any time and may suspend or deny,

in its sole discretion, your access to all or any portion of the Website or the

Services without notice if you breach any provision of the Terms or any

applicable law or if your conduct impacts Growing Made Simple Ltd 's name or

reputation or violates the rights of those of another party.

12. Indemnity

12.1. You agree to indemnify Growing Made Simple Ltd, its affiliates, employees, agents,

contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and

damage (including legal fees on a full indemnity basis) incurred, suffered

or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting

on the Website or attempts to do so; and/or

13. Dispute Resolution

13.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses

have been complied with (except where urgent interlocutory relief is sought).

13.2. Notice:

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must

give written notice to the other party detailing the nature of the dispute, the desired

outcome and the action required to settle the Dispute.

13.3. Resolution:

On receipt of that notice ('Notice') by that other party, the parties to the Terms

('Parties') must:

13.4. Confidential:

All communications concerning negotiations made by the Parties arising out of and in

connection with this dispute resolution clause are confidential and to the extent possible,

must be treated as "without prejudice" negotiations for the purpose of applicable laws of

evidence.

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute

expeditiously by negotiation or such other means upon which they may mutually

agree;

(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has

not been resolved, the Parties must either agree upon selection of a mediator or

request that an appropriate mediator be appointed by the President of the Conflict

Resolution Service or his or her nominee;

and the cost of the venue of the mediation and without limiting the foregoing

undertake to pay any amounts requested by the mediator as a pre-condition to the

mediation commencing. The Parties must each pay their own costs associated with

the mediation;

(d) The mediation will be held in Queensland, Australia, or online at the discretion of Growing Made Simple Ltd.

13.5. Termination of Mediation:

If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has

not been resolved, either Party may ask the mediator to terminate the mediation and the

mediator must do so.

14. Venue and Jurisdiction

The Services offered by Growing Made Simple Ltd is intended to be viewed by residents of

Australia, the UK, and the USA. In the event of any dispute arising out of or in

relation to the Website, you agree that the exclusive venue for resolving any dispute

shall be in the courts of Queensland, Australia.

15. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy,

proceeding or claim of whatever nature arising out of or in any way relating to the Terms

and the rights created hereby shall be governed, interpreted and construed by, under

and pursuant to the laws of Queensland, Australia, without reference to conflict of law

principles, notwithstanding mandatory rules. The validity of this governing law clause is

not contested. The Terms shall be binding to the benefit of the parties hereto and their

successors and assigns.

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and

reasonable and both parties having taken the opportunity to obtain independent legal

advice and declare the Terms are not against public policy on the grounds of inequality

or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent

jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Date: 14 July 2023