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Terms of Use

The content on this website is provided by Rising Falcon Pty Ltd T/A Falcon Seeds for the purpose of providing the goods listed for sale and other items from time to time. If you access or use any part of this website, you agree to be bound by these terms.

Accuracy of content:

Rising Falcon Pty Ltd strives to ensure that the content on this website is accurate and up-to-date, but does not represent or guarantee that the content on this website or on any linked website is accurate, reliable, current, complete, suitable or available. You should independently evaluate and verify the accuracy, reliability, currency and completeness of any information, and its suitability for your circumstances, before you rely on it.

Advice

You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns about any of the content on this website. The content on this website is general. It should not be treated as legal, accounting, financial, investment, tax, real estate, medical or other professional advice.

Exclusion of liability

You may have rights under consumer protection legislation that applies to you, e.g. the Australian Consumer Law, which cannot be excluded, limited or modified by these terms.

To the maximum extent permitted by law, Rising Falcon Pty ltd, our directors, employees, consultants, shareholders, agents and other representatives:

  • exclude liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content on this website, and/or from any inability to use the content, any delay in accessing this website or any inability to access this website; and
  • exclude liability (including any liability for negligence) for any inaccuracy, unreliability, lack of currency, incompleteness, unsuitability and/or unavailability of the content.

This exclusion of liability includes, but is not limited to, compensatory damages, direct loss, consequential or indirect loss, loss of data, corruption of data, loss of programs, loss of income, loss of profit, loss of anticipated savings, loss of use, loss of financial opportunity, loss of business, loss of reputation, loss of property, damage to property and third party claims.

Viruses and website availability

You access this website at your own risk. Rising Falcon Pty Ltd ACN 630 276 069 strives to keep this website available and functioning properly. However, it is possible that your ability to access this website may be interrupted or delayed, or that your device becomes exposed to viruses, malware, interception or other interference. Rising Falcon Pty Ltd ACN 630 276 069 recommends that you use up-to-date antivirus and security software that is appropriate for your device, to ensure that communications between it and this website does not expose it to any damaging interference. Rising Falcon Pty Ltd ACN 630 276 069 does not accept responsibility for any interference or loss to your device which arises in relation to your use of this website or any linked website.

Lawful and permissible use of website

You are responsible for ensuring that your access to and use of this website is lawful and does not infringe any intellectual property rights. You must not take any action that could damage, overburden or interfere with this website, or any other person’s use of this website. You must not use any data mining, robots or other tools to automatically and/or systematically collect data from or in relation to this website. You must not use this website to obtain any information about other users of this website, or to transmit malware through this website. Rising Falcon Pty Ltd ACN 630 276 069 does not accept responsibility for any unauthorised access, use or other actions. All rights are reserved in full in relation to unlawful or unauthorised access or use.

Links to other websites

This website contains links to other websites. Rising Falcon Pty Ltd ACN 630 276 069 does not control these other websites and is not responsible for their content. The links do not constitute approval of the content on those websites, or any related organisation, person, product, service or application. Rising Falcon Pty Ltd ACN 630 276 069 cannot guarantee that these links will always work and cannot control whether the other websites are available. Rising Falcon Pty Ltd ACN 630 276 069 does not represent that content on any other websites is reliable or free from malware, defects or infringements of intellectual property rights. Rising Falcon Pty Ltd ACN 630 276 069 does not authorise any infringement of intellectual property rights by providing these links.

Changes to website and access to website

Rising Falcon Pty Ltd ACN 630 276 069 reserves the right to change or delete this website and the content on this website, to discontinue any service offered through this website, and to discontinue your access to this website, at any time without obligation to notify anyone, in our sole and absolute discretion.

Errors in information

There may be errors in the information about products or services on this website www.falconseeds.com.au including outdated information or typographical, programming and other errors relating to the price, image, description, details or availability of the products or services, or relating to promotional offers, delivery or returns. If there is an error, Rising Falcon Pty Ltd ACN 630 276 069  has the right to refuse to sell the products or services, and to correct the error. If we decline your order, we will fully refund you.

Images and colours

Rising Falcon Pty Ltd ACN 630 276 069  cannot guarantee that the images on this website precisely match the colours and textures of our products. The settings on your device may affect the colour and appearance of the displayed image. If you are not satisfied with the product, you may be able to return it in accordance with our Returns Policy [insert link].1

Consumer rights

You may have consumer rights under legislation that applies to you, which cannot be excluded, limited or modified by these terms. Under the Australian Consumer Law, this includes consumer guarantees that goods are of acceptable quality and correspond with the description (if they are sold by description) and consumer guarantees that services will be delivered with due care and skill, and within a reasonable time.

When we sell goods or services of a kind that are not ordinarily bought for personal or household use, to the maximum extent permitted by law, our liability for failure to comply with a consumer guarantee is limited to replacing or repairing the goods, supplying equivalent goods, resupplying the services or paying the cost of replacing or repairing the goods, acquiring equivalent goods or resupplying the services.

To the maximum extent permitted by law, Rising Falcon Pty Ltd ACN 630 276 069  excludes all other conditions and warranties implied by law or custom.

Intellectual property

Rising Falcon Pty Ltd ACN 630 276 069 owns the trade marks Falcon Seeds design work of any packaging. Except as specifically set out in these terms, you are not permitted to use any trade marks, logos, brands, trade names or get-up which are displayed on this website.

Rising Falcon Pty Ltd ACN 630 276 069 owns the copyright in the content on this website (including, but not limited to, text, photographs, images, audio, video, code and software), unless it is expressly attributed to a third party. Subject to the next paragraph, you are not permitted to copy, distribute, modify, frame or use the content on this website without first obtaining the written consent of an authorised person in Rising Falcon Pty Ltd ACN 630 276 069 , unless you are permitted to do so by an express statement in this website in relation to specific content.

You may print and download parts of the content on this website for your own personal and non-commercial use, provided that you do not change or remove the copyright notices.

If you wish to link to this website, please ask us using the contact information below.

Rising Falcon Pty Ltd ACN 630 276 069 has obtained permission from copyright holders (where known) to use third party content. If you believe that any content on this website infringes your copyright or anyone else’s copyright, please contact us using the contact information below.

Any content that you post on, or send to, this website (including but not limited to suggestions) will not be treated as confidential or proprietary. You grant Rising Falcon Pty Ltd ACN 630 276 069 a non-revocable, perpetual, worldwide, transferable, royalty-free, non-exclusive right to use this content for any purpose.

Changes to terms

These terms may be amended from time to time and were last amended on [date]. Any amendments will be effective immediately once the amended terms are published on this website. Your continued access to or use of this website will constitute your acceptance of the amended terms.

Severability

If any of these terms offends any law applicable to it in a jurisdiction and is as a consequence illegal, invalid or unenforceable in that jurisdiction then:

  • • where the offending term can be read down so as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
  • • in any other case the offending term must be severed from the other terms for that jurisdiction in which event the remaining terms operate as if the severed term had not been included.

Applicable law

The laws of Western Australia apply to these terms, and the parties submit to the exclusive jurisdiction of the courts of Western Australia.

Contact information

Contact information: sales@falconseeds.com.au