Terms of Use

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Welcome to Refreshmuscle. These Terms of Use ("Terms") govern your access to and use of our website, services, and any related content or materials provided by Refreshmuscle (ABN 50 160 528 506). By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing, browsing, or using our website or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other applicable policies or guidelines. These Terms constitute a legally binding agreement between you and Refreshmuscle.

We reserve the right to modify, update, or change these Terms at any time without prior notice. Any changes will be effective immediately upon posting to our website. Your continued use of our website or services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any updates.

2. About Our Services

Refreshmuscle provides indoor plant care services, gardening education, and related products to residential and commercial clients across Australia. Our services include but are not limited to:

Residential plant maintenance and care programmes
Plant selection consultation and advisory services
Indoor gardening education and workshops
Plant care products and supplies
Custom plant care solutions for homes and offices

The specific terms and conditions of any services you engage will be outlined in a separate service agreement or quotation provided at the time of booking.

3. User Eligibility and Account Responsibilities

To use our website and services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By using our website or services, you represent and warrant that you meet these eligibility requirements.

If you create an account or provide personal information through our website, you are responsible for:

Providing accurate, current, and complete information
Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorised use of your account

4. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, visual_assets, photographs, videos, audio clips, software, and any other materials (collectively, "Content"), is the property of Refreshmuscle or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may access and view the Content for personal, non-commercial use only. You may not:

Copy, reproduce, distribute, publish, display, perform, or create derivative works from the Content
Modify, translate, adapt, or reverse engineer any part of the website or Content
Use the Content for commercial purposes without our prior written consent
Remove or alter any copyright, trademark, or other proprietary notices
Use any data mining, robots, or similar data gathering or extraction methods

Our trademarks, service marks, trade names, and logos may not be used without our prior written permission. Any unauthorised use of our intellectual property may result in legal action.

5. Acceptable Use Policy

You agree to use our website and services only for lawful purposes and in accordance with these Terms. You agree not to:

Use the website in any way that violates any applicable Australian federal, state, or local law or regulation
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
Impersonate or attempt to impersonate Refreshmuscle, our employees, or any other person or entity
Transmit any viruses, malware, or other harmful code that may damage or interfere with any system
Attempt to gain unauthorised access to any portion of the website, other accounts, or computer systems
Use the website to collect or harvest personal information about other users
Send unsolicited communications, spam, or promotional materials through our website
Interfere with or disrupt the integrity or performance of the website or its servers

6. User Content and Submissions

If you submit any content to our website, including reviews, comments, feedback, or other materials ("User Content"), you grant Refreshmuscle a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

You represent and warrant that you own or control all rights to your User Content and that it does not violate these Terms, any applicable law, or the rights of any third party. We reserve the right to remove any User Content at our sole discretion without notice.

7. Third-Party Links and Content

Our website may contain links to third-party websites, services, or content that are not owned or controlled by Refreshmuscle. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

The inclusion of any link does not imply endorsement, approval, or recommendation by Refreshmuscle. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services.

8. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Refreshmuscle disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components
Warranties regarding the accuracy, reliability, or completeness of any content on the website
Warranties that any errors or defects will be corrected

Any advice or information obtained through our website or services does not create any warranty not expressly stated in these Terms.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Refreshmuscle, its directors, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of or inability to access or use the website or services
Any conduct or content of any third party on the website
Any content obtained from the website
Unauthorised access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you have paid to us in the twelve (12) months preceding the claim, or one hundred Australian dollars (AUD $100), whichever is greater.

10. Indemnification

You agree to defend, indemnify, and hold harmless Refreshmuscle, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

Your use of and access to the website or services
Your violation of these Terms
Your violation of any third-party rights, including intellectual property or privacy rights
Your User Content
Any claim that your User Content caused damage to a third party

11. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights under the Australian Consumer Law (ACL) or any other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement. If the ACL applies to you as a consumer, our goods and services come with guarantees that cannot be excluded under the ACL.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to the resupply of the services or payment of the cost of having the services supplied again.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for the resolution of any disputes arising out of or relating to these Terms or your use of the website or services.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the website, constitute the entire agreement between you and Refreshmuscle concerning your use of the website and services. These Terms supersede any prior agreements, communications, or understandings between you and Refreshmuscle regarding the subject matter herein.

15. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us:

Refreshmuscle
227 Johnston St, Abbotsford VIC 3067, Australia
Phone: +61 411 113 777
Email: infocenter@refreshmuscle.world
ABN: 50 160 528 506