Privacy Policy

Terms of Use and Terms of Sale Introduction

The Terms of Use at Part I below, and the Terms of Sale at Part II below (collectively, Terms) govern your use of our website located at https://phytoca.com.au (Site) and engagement with Phytoca Pty Ltd (ABN 90 623 470 119) (Phytoca), and form a binding contractual agreement between you, the user of the Site, and us (Agreement).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site or engage with us. You can contact us by email at: info@phytoca.com.au

PART I – TERMS OF USE

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1.1 Licence to use Site

We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.

You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.

You must not add any content to the Site:

1. unless you hold all necessary rights, licences and consents to do so;
2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
4. that would bring us, or the Site, into disrepute; or
5. that infringes the intellectual property or other rights of any person.

The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user-generated or any content available on any linked website.

You acknowledge and agree that:

we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and

the Site will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes).

1.2       Intellectual Property Rights

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

The licence in this section will survive any termination of these Terms.

You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in this section

1.3 Warranties

You represent and warrant to us that:

1. you have the legal capacity to enter these Terms; and
2. you have complied with these Terms.

1.4 Provisions of Goods and/or Services

You expressly acknowledge and agree that any goods and/or services that are purchased, order or otherwise requested by you using the Site are provided by us on the terms and conditions contained in our General Terms of Sale at Part II below.

1.5 Liability

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

We do not give any representation or warranty of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site and you expressly agree that your use of this Site is at your own risk.

To the full extent permissible by applicable law, we disclaim all warranties, express or implied, and do not warrant that our Site, its servers, or email sent from us are free of viruses or other harmful components. We are not liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, loss of use, loss of data, loss of business or profits and consequential damages.

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

1. in the case of goods:
   1. the replacement of the goods or the supply of equivalent goods;
   2. the repair of the goods;
   3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
   4. the payment of having the goods repaired, and
2. in the case of services:
   1. the supply of the services again; or
   2. the payment of the cost of having the services supplied again.