Our website's legal stuff.

This document sets out the terms and conditions of use of this Site (Terms of Use).  These Terms of Use apply to all visitors, account holders, customers and users of this Site.  Your access and use of this Site signifies that you accept and agree to be legally bound by these Terms of Use. 

To the extent permitted by law, Pollinate reserves the right to change these Terms of Use at any time without prior notice.  If Pollinate does so, you may be required to accept the revised Terms of Use before you are able to continue to use the Site.

1. Use of Site

1.1 You are responsible for all of your activity in connection with accessing and using this Site, including the purchase of any goods or products available on this Site (Products).  You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using this Site.

1.2 As a condition of your use of the Site, you agree to abide by all applicable laws and regulations.  You must not use this Site for any activity that is unlawful or illegal. Specifically, and without limitation, you are prohibited from and agree not to use the Site to:

i. violate any laws;

ii. defame, abuse, harass, stalk, threaten or otherwise offend others;

iii. disseminate (e-mail or otherwise) any material, which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;

iv. use any address harvesting software or automated scripting tool software;

v. use any robot, spider, scraper or other automated means to access the Site and collect content for any purpose without our express written permission;

vi. engage in chain letters, scams, pyramid schemes, unsolicited e-mailing or spamming via Pollinate’s tools;

vii. impersonate any person or entity or act in any way that is false or misleading;

viii. use (upload, post, e-mail, transmit) Site content in way that you do not have a right to under any law or contractual obligation;

ix. distribute viruses or any other technologies that may harm the Site, the interests or property of Pollinate or other users;

x. interrupt or attempt to interrupt the operation of the Site in any way;

xi. impose an unreasonable load on our infrastructure or interfere with the proper working of the Site;

xii. copy, modify, or distribute any other person’s content without their consent;

xiii. bypass measures used to prevent or restrict access to the Site; or

xiv. in any way that makes available using the Site any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.

1.3 Pollinate reserves the right to make any improvements or changes in the information, services, Products, and other materials displayed on the Site, or terminate the Site, at any time without prior notice.

2. Your Account

2.1 In order to use certain features of the Site, the Site may require you to register and create a customer account (Account) with Pollinate by following the registration process set out in the Site.

2.2 As part of the Account registration process, Pollinate may ask you to provide certain information, including personal information.  You consent to the collection, use and disclosure of the information by Pollinate as set out in our Privacy Policy.  You warrant that all information that you provide at the registration stage is true, complete and accurate.  You must ensure that your registration details are up-to-date at all times.

2.3 Pollinate reserves the right to refuse to create an Account, suspend or terminate your Account at any time if we suspect that any information that you provide is not correct, if the delivery address is not correct or your Account has been misused and shall incur no liability for such suspension or termination.

2.4 You assume full responsibility for all activities that occur under your Account, including any purchases of Products made through your Account.

2.5 Use or access to your Account is subject to a logon system.  You are responsible for keeping your login details safe and secure, and you must not disclose them to any other person.  You must not assign, transfer or otherwise deal with your Account without our consent (which can be withheld at our absolute discretion).

3 Ordering and Purchasing Products

3.1 This Site allows you to order Products.  Any information provided on this Site in respect of any Products (including the price of the Products) does not constitute an offer to sell but an invitation to treat only, and is subject to the availability of the Products and your eligibility to purchase the Products.

3.2 The prices for the Products shown on this Site are payable in Australian dollars and include GST where applicable.  The Product prices exclude shipping and handling fees, which you will be advised of in the electronic order form when completing your online purchase.

3.3 Pollinate reserves the right to vary or correct the Product prices or specifications on this Site at any time without prior notice.

3.4 By placing an order using this Site, you are offering to purchase the Products at the price (plus any shipping and handling charges or other applicable charges) specified in the electronic order form you completed, and on these Terms of Use.

3.5 This Site offers different payment methods which you may select in the electronic order form when completing your online purchase.  You are solely responsible for any fees or charges that may be imposed on you by a third party in connection with your choice of payment method.  If any fees or charges are imposed on us in connection with your choice of payment method (for example, merchant fees for payment by credit card), then these may be charged to you.  The additional amount (if any) will be set out in the electronic order form.

3.6 All orders must be paid for in full and cleared funds before your Products are despatched and delivered to you.  You will receive receipt of payment immediately upon purchase and an acknowledgement email once the Product has been shipped.

3.7 Pollinate will use reasonable endeavours to despatch your Products within 3 to 10 business days of your order being placed.  Pollinate only delivers Products to Australia.  You delivery address set out in your online order (Delivery Address) must be located in Australia.  Pollinate will use reasonable endeavours to deliver the ordered Products to the Delivery Address.

3.8 The estimated delivery time for Metropolitan Australian orders is 1 to 2 business days. Other regions may take up to 5 more business days.  The actual delivery date will depend on the third party delivery carrier.  Pollinate makes no guarantee around delivery times and any delays by the delivery carrier are not Pollinate’s responsibility.  Delay in delivery does not relieve you from your obligation to accept delivery of and pay for your Products.

3.9 Your Products will be deemed to have been delivered to you, and you will be deemed to have accepted delivery, if the delivery carrier’s tracking system states that delivery has occurred.  Subject to you making full payment, title and risk in the Products will pass to you upon delivery or deemed delivery of the Products.

3.10 To the full extent permitted by law, Pollinate may, in our absolute discretion, reject or cancel any order we receive for any reason at any time before delivery (even if the order was accepted by the Site), including the unavailability of Products, an error in the price or the description of the Products on the Site, cancellation or dishonouring of your payment or any error in the order placed by you.  In such case, we will refund to you any amounts that you have paid for the cancelled order using your chosen payment method.

3.11 Purchases of Products that have been made in error can be cancelled by the customer if the order has not yet been shipped.  To do so, you must contact us at info@pollinategroup.org.  The refund will be provided to you using your chosen payment method.

3.12 Pollinate does not offer any “change of mind” refunds for Products purchased on this Site.

3.13 To the full extent permitted by law, Pollinate excludes all representations, warranties, terms, statutory guarantees, conditions and undertakings in respect of the Products.  Where the Products are covered by statutory guarantees that cannot be excluded under Australian Consumer Law, or other conditions, warranties or representations that are implied by law and which cannot be lawfully excluded (Prescribed Terms), Pollinate’s liability in relation to such Prescribed Terms is limited to the resupply of Products or equivalent goods, the repair of the Products or the payment to you of the cost of having the Products repaired or supplied again.  This does not exclude or restrict any rights or remedies that you may have in relation to a “major failure”, as that term is defined in the Competition and Consumer Act 2010 (Cth).

3.14 To the full extent permitted by law, a representation, warranty or Prescribed Term will not apply to any fault or failure of the Products if it has been caused by accidental or deliberate damage, neglect or misuse, whether by you or another person.

4 Donations

4.1 Pollinate is registered as a charity with the Australian Charities and Not-for-Profits Commission and our Pollinate Energy Australia Relief Fund has been endorsed by the Australian Taxation Office as a deductible gift recipient.

4.2 Donations to Pollinate of $2 and over may be tax deductible.  Immediately upon payment of a donation, you will receive a receipt from Pollinate outlining your donation.  The details required to enable you to claim a tax deduction will appear on the tax deductible receipts issued to you by Pollinate.

4.3 Donations are non-refundable once made, and you are not entitled to receive any goods or services in consideration for a donation.  Donations will not be publicised without your prior consent.

4.4 If you believe that there has been an error with your donation, you should notify Pollinate immediately by emailing info@pollinategroup.org.  You must inform us of the date of transaction and chosen payment gateway (for example, paypal or credit card) and provide us with a copy of your receipt.  Donations that Pollinate determine to have been made in error will be refunded within 5 business days of the date of notification.

4.5 All complaints, grievances and disputes will be treated seriously, quickly and in a timely manner, having due regard to procedural fairness and confidentiality.  All parties are required to participate in the dispute resolution process in good faith.  Any issues should be directed to Pollinate in the first instance. If you are not satisfied with the outcome, you can still refer it to your financial institution, which will obtain details of the disputed transaction and may lodge a claim on your behalf.

5 Intellectual Property Rights

5.1 The materials and content of this Site is protected by copyright, trade mark and other intellectual property laws.  The materials and content are owned by Pollinate, its affiliates or other third parties from whom Pollinate has received certain legal rights.

5.2 You must not report, modify, publish, sell, reproduce, distribute, post, display, transmit, upload, communicate to the public, or in any way exploit any content on the Site for commercial purposes unless you have obtained the prior written consent of Pollinate, which Pollinate may grant or withhold in Pollinate’s absolute discretion.  You agree not to reverse engineer, decompile or disassemble the Site or any part thereof into a human-readable form.

5.3 You may view these materials and content online or print a single copy for your own personal use and record as long as you abide by these Terms of Use and do not remove any copyright or other proprietary notices.  You may use the online documents to carry out the online services available to you in the intended manner.

5.4 Unless expressly stated, nothing contained in this Site should be construed as a licence or right of use of any trade mark displayed on this Site without the express written permission of the owner of the trade mark.  You must not tamper with or commercially use any trade mark, logo or names (including business and domain names).

5.5 The pictures and images of people, Products, places or things displayed on the Site are either the property of Pollinate or are used with the permission of third parties.  Any use of such pictures or images by you or anyone authorised or affiliated with you is strictly prohibited.  Unauthorised uses of pictures and images may violate copyright or trade mark laws, privacy laws, communication laws or regulations, and other laws or regulations.

6 Disclaimer

6.1 To the fullest extent permitted by law, all statutory and implied guarantees, warranties and conditions of any kind in connection with this Site and its contents are expressly disclaimed.  Pollinate does not exclude any statutory or implied guarantee, condition or warranty which cannot be lawfully excluded.

6.2 This Site is provided for informational purposes, general interest and enquiry only.  While Pollinate uses reasonable efforts to ensure that the information on this Site is complete and up-to-date, Pollinate makes no warranty, representation or guarantee as to the accuracy, currency or completeness of any information on this Site.  The use of this Site is at your own risk.  Before relying on any information on this Site or placing any orders to purchase any Products, you should first verify the accuracy of the information and its relevance.

6.3 Pollinate will endeavour to make this Site available, but does not warrant that this Site will operate uninterrupted or be error free, that any defects will be corrected or that this Site and their servers are free of computer viruses, trojans, spyware and other harmful material.  Pollinate reserves the right to change or discontinue any feature on this Site, the availability of this Site and the software required to access it at any time without prior notice.

6.4 Pollinate does not warrant that it will be able to prevent any unlawful, harmful or inappropriate use, modification or alteration of this Site, or that it will give notice of such use, modification or alteration.

6.5 Pollinate does not warrant or represent that your use of the information of the Site will not infringe the rights of third parties who are not affiliated with Pollinate.

6.6 Pollinate makes no representation that the content of this Site complies with the laws of any country outside Australia.  If you access this Site from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

7 Limitation of Liability

7.1 To the full extent permitted by law, Pollinate excludes all liability for any direct, indirect, incidental, special, consequential or punitive loss or damage, loss of profits, revenue, expectation, business, savings, data or unavailability of systems or any other loss whatsoever, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with this Site, or any use of, access to, or reliance upon any part, information or content of this Site (including the inability to use any part of this Site or the services available on this Site).

7.2 You expressly release Pollinate, its affiliated companies and their officers, agents and employees from all claims whatsoever which you may have against any one or more of them arising out of or connected with any conduct of any one or more of them in relation to any transaction conducted on the Site or any use by you of the Site or the information or content contained on it.

7.3 In respect of any condition, warranty, representation or consumer guarantee implied or provided by law that cannot be excluded, where permitted by law, Pollinate’s liability is limited, at the sole discretion and option of Pollinate, to the minimum obligations or liabilities permitted by law.

8 Linked Websites

8.1 This Site provides links to other websites (External Sites) that Pollinate does not control.  These hyperlinks are provided for your convenience only.  The fact that these links exist does not constitute an endorsement of the External Sites by Pollinate.  Pollinate takes no responsibility for content on or the security of the External Sites (including any products or advertising on them).  You agree that Pollinate is not responsible or liable for any loss or damage that you may suffer or incur due to any actions caused by these External Sites or your use of these External Sites.

9 Privacy

9.1 All personal information that you supply in connection with this Site will be collected, used, disclosed and managed by Pollinate according to the terms of our Privacy Policy.  By using this Site, you are agreeing to the Pollinate Privacy Policy as set out at https://pollinategroup.org/privacy-policy/

10 General

10.1 Pollinate may, without prior notice and in its sole discretion, discontinue, suspend or terminate the whole or any part of the Site at any time.  All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including without limitation the disclaimers and liability provisions.

10.2 If any provision of these Terms of Use is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.

10.3 These Terms of Use are governed by and construed in accordance with the laws of the State of Victoria, Australia.  You agree that the courts exercising jurisdiction in Victoria will have the exclusive jurisdiction to resolve all disputes arising from this Site or these Terms of Use, and you agree to submit to the jurisdiction of those courts.6.5