Definitions

SOILS NORTH produces soil amendments, additives and humates in Malanda, Queensland.

The terms “we”, “us”, “our” and “Soils North” refer to SOILS NORTH .

The web site, soilsnorth.com.au is owned and operated by Soils North located at 32 Pound Road, Malanda, Queensland 4885 Australia.

The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

Notice of Terms and Conditions

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use. If you do not accept all of these terms and conditions, please do not use this Website or buy our Products. In all product sales, the person making the purchase shall be deemed to have accepted this Agreement.

The information contained in this website is for general information purposes only. While we endeavour to ensure and keep the information up-to-date and correct but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose.

We do not undertake any liability or obligation with regard to the content and you therefore use our website and services at your own risk.

In addition, Soils North shall not be responsible or liable for the statements, conduct or action of any third party advertiser on this website.

Every effort is made to keep the website up and running smoothly. However, Soils North takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Liability

PLEASE READ THOROUGHLY

It is a pre-condition to you using our website that you agree and accept that SOILS NORTH is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors, inaccuracies or from omissions in our documents or information, any goods or services we may offer or from any other use of the website.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors (including without limitation, the pricing, availability, images, features, inclusions and exclusions, product descriptions, reviews, ratings etc) to the fullest extent permitted by law.

SOILS NORTH disclaims all warranties and conditions that this websites, its servers or any email sent from SOILS NORTH are free from viruses or other harmful components.

SOILS NORTH disclaims all warranties and conditions with regard to this information, content software, products, services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, to the extent permitted by law.

In no event shall SOILS NORTH (or its officers, directors and affiliates) by liable for any direct, indirect, punitive, incidental, special, exemplary or consequential damages (including without limitation loss of data or information or costs to procure substitute goods or services) arising out of, or in any way connected with, product of service bookings made by you through this website or your access to, display of or use of this website or with the delay or inability to access, display or use this website (including but not limited to, you reliance upon reviews and opinions appearing on this website; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if SOILS NORTH has been advised of the possibility of such damages.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of SOILS NORTH.

Restrictions On Product Use

Products supplied by us are not suitable for all applications. Customers must only use products in accord with instructions supplied with those products.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), SOILS NORTH’S liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

Copyright and Trademark Notice

All contents of this Website are: ©2017 Soils North. All rights reserved. SOILS NORTH is not responsible for content on websites operated by parties other than SOILS NORTH. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks of Soils North and/or its suppliers and may not be copied, imitated or used, in whole or in part, without the prior written permission of SOILS NORTH or the applicable trademark holder.

In addition, the look and feel of this Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of SOILS NORTH and may not be copied, imitated or used, in whole or in part, without the prior written permission of SOILS NORTH.

All other trademarks, registered trademarks, product names and company names or logos and associated images mentioned in this Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SOILS NORTH.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download contents to a local hard disk extracts for your personal and non-commercial use only.
you may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

We expressly reserve all copyright and trademark in our website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Jurisdiction

This agreement and this website are subject to the laws of Queensland and Australia. You agree that all claims you may have against SOILS NORTH arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Queensland, Australia. Use of this Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Use of the Website

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have a SOILS NORTH account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 18 years of age or older in order to register for an account and contribute to our Website. SOILS NORTH does not knowingly collect the information of anyone under the age of 18.

You further represent and warrant that you (a) have not previously been suspended by SOILS NORTH or otherwise banned from using the Website; (b) are not a direct competitor of SOILS NORTH; (c) you will not have more than one SOILS NORTH account at any given time; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason in our sole discretion, including, but not limited to, for violation of this Agreement.

In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. SOILS NORTH does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

SOILS NORTH cannot be held responsible for your choice of product or service. We are at no time responsible for any loss, damage or issues you may have with the Supplier, package, deal and/or any other offer services you choose and cannot be held responsible for any direct or indirect loss you may suffer as a result of using the Supplier product. SOILS NORTH cannot confirm that the information on any of the third party advertising websites is accurate or up-to-date. By using this website and the goods and services offered through the suppliers on this website, you agree and acknowledge that you do so at your own risk and that we are not liable for any action or inaction of the suppliers.

Should you have any problems with the services or products, you must take action at first instance directly with the supplier seller of the products and goods or services.

Cancellation & Refund Policy

We handle returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Third Parties and Links to Other Sites

Through this website you may be able to link to other websites which are not under the control of Soils North. We have no control over the nature, content, availability or privacy practices of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.

SOILS NORTH does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve this website and its services but not for any other use.

SOILS NORTH’S website may contain information provided by third parties for which it accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Privacy

SOILS NORTH respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by logging in to member’s area and editing and saving your details. All information we receive from our customers is protected by our secure servers. SOILS NORTH secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data collected is secured against unauthorised use or access. We do not store credit card information on our servers.

Disclosure of Information

SOILS NORTH may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of SOILS NORTH, its customers or third parties.

Amendment of Terms

SOILS NORTH reserves the right to change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. Be sure to return to this page periodically to review the most current version of the Agreement. We will endeavour to highlight any significant or substantive changes to you where possible.