AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that:
(1) All registration information you submit will be true, accurate, current, and complete;
(2) You will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) You are not under the age of 18;
(5) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(6) You will not use the Site for any illegal or unauthorized purpose;
(7) Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the plants available on the Site. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.
All plants are subject to availability, (and we cannot guarantee that items will be in stock). We reserve the right to discontinue any plant at any time for any reason. Prices for all plants are subject to change and current at the time of purchase on the website. No price change refund is available if pricing online changes.
PURCHASES AND PAYMENT
We accept online card payments. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Australian dollars.
You agree to pay all charges for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Jungle Collective has a strict no cancellation policy. The simple reason being that we order in plants as per each individual customers needs and when an order is placed it’s removed from the shop and is no longer available to purchase. As the plants are living we are not able to resell those plants to another customer.
Our no cancellation policy includes but is not limited to:
- Change of mind – After placing an order you’ve decided you’d no longer like to proceed.
- Discounted products- Opt to re-order the same set of plants after we have announced a left-over stock discounts.
- Price comparison- We work with many different growers and products and quality vary from business to business. For this reason we don’t offer cancellation due to price comparisons.
The Jungle Collective strives to ensure you are a satisfied customer. We want you to be excited about your purchase. If something isn’t quite right please contact us.
On the rare chance that your plant is damaged in the delivery process please email us at firstname.lastname@example.org with photos within 24 hours upon delivery. Once we receive your email and photo’s we can determine the best resolution. Please note and allow for some leaf damage during transportation due to packaging or climate change. If your plant looks like it has wilted during transit, we recommend giving it some water right away – this should help it to recover and settle in or reach out to our horticulturalist on Facebook for some advise.
Please note that The Jungle Collective will not be held liable for any damage (or deteriorating conditions) caused to your plant if it spends a prolonged period awaiting collection from a collection point. It is the customer’s responsibility to either make sure someone is home to accept delivery, request authority to leave, or pick up your delivery from the collection point as soon as possible. Although we take great care in packaging our plants, the less time they spend packaged, the better.
The Jungle Collective will not take responsibility if incorrect delivery details are supplied. It is the customer’s responsibility to make sure the correct contact and delivery details are supplied. We do not allow for delivery details to be changed after an order is place however if you made a typo, please contact us as soon as possible and we will do our best to change them before delivery.
For any returns, return postage is paid by the buyer [you]. Please allow up to 14 days from receipt of returned products for refunds to be made.
We want you to love your new plant as much as we do – if for some reason you don’t please contact us as soon as possible at email@example.com we will do our very best to make it right!
Please note by choosing pick-up you are agreeing to collecting your stock on the date/time you have chosen. As we run as a pop-up shop we can’t accommodate for other pick-up days then what you have selected and no refund will be offered on pick-ups not collected as we order plants in just for your order. If you can’t collect we’d recommend asking a friend or family member to collect on your behalf.
Please note by selecting pick-up you are not able to get delivery. Please don’t leave delivery notes in a pick-up order as we won’t be able to change an order from a pick-up to a delivery once placed.
If you have already placed an order and place a second order as pick-up. Please note we can’t guarantee delivery on this. We recommend selecting delivery and contacting us as we will refund you on the 2nd freight if it’s an order in the same weekend.
During the pick-up process we are not able to facilitate refunds of change of mind. If you have a concern please reach us on email.
Can I return my plant if I have changed my mind?
Unfortunately we can’t accept change of mind returns for live plants. All our stock is ordered directly from the growers and therefore we can’t accommodate for change of mind. Please ensure to read product descriptions and choose carefully
Does my live plant have a warranty?
We do not offer any warranty or health guarantees on live plants. We cannot warrant plant health once they leave our care, as they are shipped in the best health and condition possible. If we do not hear from you within 24 hours of delivery, we will assume they arrived safe and well and cannot be held responsible for their health once they are the care of their new owner.
We do have horticulturists on hand online should you have questions about how to care for your new plants. If you have any concerns with your new plant, please also contact us as soon as possible and we will do our best to help you out – firstname.lastname@example.org
Please note due to COVID and the safety of other there is strictly a no returns policy or change of mind on masks so please choose carefully. Colours and prints may vary from screen. The Jungle Collective will not be liable for the use or misuse of the mask.
What is my item is faulty?
The Jungle Collective reserves the right to decide whether a product is faulty. If deemed faulty, The Jungle Collective will ship a replacement item or offer a credit depending on what is available.
POSTAGE AND HANDLING
Items purchased on this site will be posted accordingly as we’ve announced in our Facebook event page. Postage and handling costs will be calculated when checking out. The Jungle Collective reserves the right to update these costs at any time. When payment is finalised the buyer will receive confirmation of the purchase via the email they provided. If this confirmation email is not received please contact email@example.com. Please leave any specific postage instructions in the comment box provided when checking out. The Jungle Collective cannot take any responsibility for third party delivery personnel who do not follow the instructions provided. You can not opt for a delivery day and Jungle Collective is not responsible for any unforeseen delays with your delivery. Postage is stressful for live organisms and the less time spent in transit the better. If the incorrect delivery details have been provided on check out get in contact asap and we will try to rectify. The Jungle Collective cannot take responsibility if the incorrect postage details have been provided however get in contact and we will do our best to help the situation.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
DISCLAIMER OF WARRANTIES – LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall thejunglecollective.com.au, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless thejunglecollective.com.au and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.