Our Store Policies
Things You Need to Know - Our General Terms and Conditions
TERMS & CONDITIONS
Upon using this site you agree to the terms and conditions as follows.
These terms and conditions also govern the supply of any goods to you by Seed To Stem by any 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 Seed To Stem is conditional on your acceptance without modification of the terms and conditions.
These terms and conditions supersede and exclude all prior and other discussions, dealings, representations and arrangements relating to the use of the Site and/or the supply of goods by Seed To Stem.
Any failure on the part of Seed To Stem 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.
We reserve the right, at our complete discretion, to change these terms and conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these terms and conditions. Your continued use of this site following the posting of changes to these terms and conditions means you accept the changes.
Seed To Stem has sole discretion to accept or reject any order or any variation or modification of an order. Seed To Stem has sole discretion to accept or reject any order cancellation request. Seed To Stem expressly reserves the right to cancel and/or refund any order placed and/or paid for.
If you have entered into a subscription arrangement to receive flowers on a regular basis (weekly, 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 two days immediately prior to the day of your next scheduled delivery.
Seed To Stem will make all reasonable efforts to have the flowers delivered to you on the date they are ordered. However, time is not of the essence under these terms and conditions and Seed To Stem shall not be liable for any failure to deliver or delay in deliver for any reason.
Any price indications or price lists provided by Seed To Stem are subject to alteration at any time without notice. For the avoidance of doubt this includes subscription arrangements.
Your use of the Site is at your sole risk. The Site 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. Seed To Stem 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, Seed To Stem 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.
The Site may contain links to other Internet sites which are not controlled, associated or affiliated with Seed To Stem. Seed To Stem is in no way responsible for any content appearing on such an Internet site or webpage. Seed To Stem also cannot accept any responsibility or liability for any loss, damage, legal fees, costs or expense you might incur as a result of use reliance upon the materials which appear at the linked Internet sites or webpages.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you understand and agree that neither Seed To Stem 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.
Seed to Stem will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
The laws of Victoria, Australia govern these terms and conditions and your use of the Site, and you irrevocably consent to the jurisdiction of competent courts located in Victoria, Australia for any action to enforce these terms and conditions.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Seed to Stem.
Transfer and Assignment
If Seed to Stem merges, sells or otherwise change control of its business or this website to a third-party, Seed to Stem reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Seed to Stem has collected from you and any agreements it has made with you
The failure by Seed to Stem to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Seed to Stem.
Your Data is Secure
Seed to Stem is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including correspondence, by telephone, by email, via our website www.SeedtoStem.com.au, and from third parties. We don’t guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent; or where required or authorised by law.
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
Third parties where you consent to the use or disclosure; and
Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Seed to Stem will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
This Policy may change from time to time and is available on our website.