Miscellaneous Policies

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USERS ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE PLEASE EXIT THE SITE.

COPYRIGHT

The entire content in this site, including text, graphics, functionality or code is copyrighted under the United States and other copyright laws and is owned by Australiana Botanicals LLC. Permission is granted to copy or print hard copy portions of this site for the sole purpose of placing an order for Australiana Botanical products. Any other use of the content of this site is strictly prohibited.  

WARRANTY DISCLAIMER

This site, and products represented on it, are provided "as is" and without warranties of any kind, whether express or implied.  Australiana Botanicals LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. 

SITE FUNCTION

Australiana Botanicals LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or the relevant third party provider server are free of viruses or other harmful components.  

SITE ERRORS

Although we believe that the site is accurate in all respects Australiana Botanicals LLC does not make any warranties, or representations, regarding the content in this site in terms of correctness, accuracy, adequacy, usefulness or otherwise.

LIMITATION OF LIABILITY

Australiana Botanicals LLC shall not be liable for any damages that result from using this site, or if it becomes unavailable for any reason, or the materials on this site, or the performance of any of its products, even if Australiana Botanicals LLC has been advised of the possibility of such claim or damages. The above limitation or exclusion may not apply to you depending on applicable law in your state.

PRICING AND AVAILABILITY ERRORS

If a product is mistakenly listed at an incorrect price, Australiana Botanicals LLC reserves the right to refuse or cancel any orders even if the order has been confirmed and your credit card charged.  If your credit card has been charged and your order is cancelled, we shall issue a credit to your credit card account in the amount of the amount charged.  If a product is listed as available but is in fact out of stock and cannot be fulfilled within a reasonable amount of time an immediate refund will be applied.

MISCELLANEOUS

Use of this site shall be governed by the laws of the state of Utah, U.S.A., without regard to choice of law provisions. This includes the 1980 U.N. Convention on contracts for the international sale of goods. By using this site you have agreed that jurisdiction in all matters arising from the use of this site, or purchase of products, shall be in the state or federal courts located in Salt Lake County, Utah USA.  Any cause of action or claim you may have with respect to the site, or to the purchase of products, or other matters, must be commenced within 365 days after the claim or cause of action arises. Australiana Botanicals LLC's failure to enforce any provision of these terms and conditions shall not be construed as a waiver of any kind.

INDEMNIFICATION

You agree to indemnify, hold harmless and defend Australiana Botanicals LLC, its officers, directors, employees, agents, licensors, suppliers and service providers from all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account, including negligence or misconduct, by you or any other person accessing this site.

 

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