Intellectual Property
All the material displayed on or available on this Site, including content, data, information, tables, reports, articles, tools, text, designs, graphics, layouts, names, logos, email communications, and all the underlying source code and software, is owned or used under license by Freek Florals, and is protected by copyright, trademark and other intellectual property laws. You agree not to infringe any intellectual property rights owned by Freek Florals. All of Freek Florals’s rights in this regard are reserved.
Licence for our service
Freek Florals grants You a non-exclusive, revocable, non-transferable licence to use its software on a server controlled by Freek Florals, for the sole purpose of accessing and obtaining information from the Site pursuant to the Terms.
When You use the Site, You may cause our software to send a request to third party providers for information regarding products and/or services. You acknowledge and agree that when You access and collect information from the third party sites using our software, You do so on Your own behalf and that You have not appointed us to act as Your agent. We simply make our service and software available to You by which You may access such third party sites.
You may not copy or reproduce the underlying source code or software either in full or in part, nor attempt to in any way modify, copy, reproduce, republish, upload, post, transmit, distribute, alter, reverse engineer or de-compile in any way any material from this Site including the source code or software. You are not licensed to use or install the source code or software, other than as specifically authorised by Freek Florals. Freek Florals reserves the right to add, remove or vary any source code or software.
Accuracy of information on the site
Where we collect information such as rates, pricing and product information we make every effort to ensure that all information displayed on the Site is accurate and we will correct any errors or omissions as soon as practicable after being notified of them. We collect the information displayed on the Site from a variety of sources, including directly from the providers of the products or services and from our own research. We do not guarantee that the Site will be fault free or that all of the information displayed will be completely accurate and we accept no liability whatsoever for any errors of omissions.
We also allow Users to contribute content to the Site through our Ratings and Review system. Freek Florals monitors such content for illegal or unauthorised activity but does not endorse any of the opinions expressed by individuals or vouch for their accuracy or authenticity.
You should therefore use the Site as a general information service only, and ensure that You obtain accurate and up to date information directly from the applicable Institution before making a decision to apply for or acquire products or services. To the extent permitted by applicable law, Freek Florals disclaims all warranties, representations (whether express or implied) and responsibilities about the reliability, accuracy or completeness of any information contained on the Site. Your use of the Site is at Your own risk. In no event will Freek Florals be liable to You or anyone else for any decision made or action taken by You or anyone else in reliance upon any information contained on or omitted from the Site.
Third party providers’ products and services
You can apply for a third party providers’ products and services using hyperlinks on the Site which will connect You to the relevant Institution or by completing an inquiry referral form requesting follow up contact. The majority of products and services that are displayed on the Site are not provided by Freek Florals and are provided by third parties over whom Freek Florals has no control. You should satisfy yourself that You wish to purchase those products or services before contracting with the third parties. We accept no liability for any products or services or information provided by third party providers. You should obtain further information from the third party providers, and You should not rely solely on the information supplied on our Site.
The third party providers’ products and services that are outlined on the Site, are only an invitation for You to exchange and not an offer capable of forming a binding contract with Freek Florals. In addition, the state or country in which You reside or do business may have particular laws which render the information provided inapplicable to Your specific situation. At all times You should seek further information directly from the Institution in order to make a decision to enter into a binding contract with them.
Freek Florals does not specifically recommend or endorse any particular product, provider or service.
The links or inquiry referral forms to Institutions provided on the Site do not represent a recommendation or endorsement from Freek Florals for that institution’s product, or an endorsement that the general information that we have provided on the Site is completely up to date and accurate. You should therefore obtain all accurate and up to date information directly from the Institution before making a decision to apply for or acquire their product or services.
Reliance on service
Freek Florals provides no guarantee or warranty to You that the services available through its Site will be, free from variation, uninterrupted, error-free, secure, or that defects in the service will be corrected. Whilst Freek Florals will endeavour to maintain ongoing access, access to the Site may be suspended, restricted or terminated at any time. Freek Florals is not responsible for any problems or technical malfunction with the Internet, with the Site, or a combination thereof.
Freek Florals will not be liable for any software or hardware issues that may reside at the user’s end that limits or interferes with the services provided by Freek Florals. These include, but are not limited to, complex networks that do not allow network traffic through to Freek Florals servers including proxy servers, terminal services or ISP issues, and software conflicts on a user’s machine, not allowing the Freek Florals code or software to be installed, used or accessed.
Security of information
While Freek Florals takes all due care in ensuring the privacy and integrity of the information You provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on Freek Florals systems or on Freek Florals’s Site. Freek Florals cannot always ensure that it’s computer systems, network resources, files available for downloading and email communications will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected. Freek Florals disclaims all liability to You to the greatest extent possible pursuant to law should this occur.
Limitation of Liability
Without affecting any of Your statutory rights that cannot be lawfully excluded, Freek Florals, its officers, employees, agents and contractors will not be liable in any way to You or anyone else for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity (irrespective of whether direct, indirect, secondary or consequential), however it arises (whether in contract, tort including negligence, under statute or otherwise), arising from Your use of or in connection with Your use of the Site, even if we have been advised of the possibility of such damages. This includes any products or services obtained from third parties after Your use of our site.
Notwithstanding anything to the contrary contained herein, Freek Florals’s liability to You for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by You to Freek Florals for the Freek Florals services during the term of Your use of the Site.
Indemnity
To the extent permitted by law, You indemnify and agree to keep Freek Florals indemnified against any loss or claim arising out of Your use of the Site, Your completion of an inquiry referral form, or Freek Florals’s provision of Your personal information to any third party in connection with Your completion of an inquiry referral form.
You agree to indemnify and hold Freek Florals, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of Your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of Your representations and warranties set forth in these Terms and/or if any content that You post on the Site or through the Site services causes Freek Florals to be liable to another.
Warranties
Certain legislation (including the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1999 (Vic)) may imply terms, warranties or conditions that cannot be excluded, restricted or modified (“Statutory Warranties”). Subject to the Statutory Warranties and to any other warranties specifically given by Freek Florals, all conditions, warranties and other provisions which might otherwise have been implied into these Terms or otherwise in relation to the Site, are excluded.
You specifically acknowledge that all data, information, code and software used to provide the services on the Site may have errors. Freek Florals makes no warranty as to the accuracy or completeness of data, information, code and software on the site or related publications.
Notice
You agree to promptly inform Freek Florals of any breach by You of these Terms and of any conduct of any other person which You think may be a breach of these Terms, whether the conduct has ceased, is continuing, or may occur in the future.