Terms and Conditions of Use

1. About the Website

(a) Welcome to https://www.foodforestdesigns.com (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

(b) The Website is operated by Ecologic Solutions Pty Ltd ACN 679 005 540. Access to and use of the Website, or any of its associated Products or Services, is provided by Ecologic Solutions Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Ecologic Solutions Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Ecologic Solutions Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. However, changes to the Terms do not apply to any order you have already paid for. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Ecologic Solutions Pty Ltd in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Name

(ii) email address

(iii) location

(iv) Photographs and site information

(b) You warrant that any information you give to Ecologic Solutions Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Ecologic Solutions Pty Ltd; or

(ii) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

(i) the Terms;

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Ecologic Solutions Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Ecologic Solutions Pty Ltd providing the Purchase Services;

(vi) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Ecologic Solutions Pty Ltd for any illegal or unauthorised use of the Website; and

(viii) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

(ix) you will not attempt to reverse engineer, decompile, or disassemble any part of the Website or Purchase Services, or attempt to derive the source code or underlying ideas or algorithms of any part of the Website or Purchase Services;

5. Purchase of Products and Returns Policy

(a) In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

(b) Payment of the Purchase Price may be made through Paypal (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

(c) Following payment of the Purchase Price being confirmed by Ecologic Solutions Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Ecologic Solutions Pty Ltd may record your purchase details for future use.

(d) The Food Forest Design Toolkit and the Personalised Food Forest Blueprint are delivered electronically and cannot be returned. Once either of them has been delivered, Ecologic Solutions Pty Ltd does not provide a refund because you have changed your mind. You may request a refund if the Product has a fault (such as a file that cannot be opened) or was not delivered. For the Complete Food Forest Design and the Expert Food Forest Consultancy, you may request a refund within 5 days from receipt of the Product if Ecologic Solutions Pty Ltd has not yet started work on your Design (as defined in clause 17(a) and as described in clause 17(g)).

(e) All refund requests must be made in writing to Ecologic Solutions Pty Ltd. A refund request for the Complete Food Forest Design or the Expert Food Forest Consultancy because Ecologic Solutions Pty Ltd has not yet started work on your Design must be made within the specified 5 day period. Ecologic Solutions Pty Ltd reserves the right to refuse a refund if the Product has been delivered and works as described. Approved refunds will be paid to the original payment method. Nothing in this clause limits your rights under the Australian Consumer Law.

6. Warranty

(a) Ecologic Solutions Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products corrected or supplied again if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

(b) You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products (for example, a file that cannot be opened or a Design that does not match the information you provided) within a reasonable time from the date of delivery, as provided for under the Australian Consumer Law (Warranty Period).

(c) In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Ecologic Solutions Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Ecologic Solutions Pty Ltd by email at ffdesigns@mailbox.org.

(d) Where the Warranty Claim is accepted then Ecologic Solutions Pty Ltd will, at its sole discretion, either correct or supply again any defective Product or part of it during the Warranty Period at no charge to you.

(e) The Warranty shall be the sole and exclusive warranty granted by Ecologic Solutions Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(f) The Warranty does not apply to any Product that has been subjected to misuse, or that you have altered or modified after delivery, or where the problem is caused by wrong or incomplete information you provided (see clause 17(e)).

(g) You must provide Ecologic Solutions Pty Ltd with a reasonable opportunity to review the Products and any information you supplied that relate to a Warranty Claim. If Ecologic Solutions Pty Ltd determines that the Products are not covered by the Warranty, the Warranty Claim will not be accepted.

7. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of Ecologic Solutions Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (Content) are owned or controlled for these purposes, and are reserved by Ecologic Solutions Pty Ltd or its contributors.

(b) Ecologic Solutions Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Ecologic Solutions Pty Ltd; or

(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

(c) You may not, without the prior written permission of Ecologic Solutions Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

(d) You agree to promptly notify Ecologic Solutions Pty Ltd of any actual or suspected infringement of Ecologic Solutions Pty Ltd's intellectual property rights that comes to your attention. In the event of any unauthorized use of Ecologic Solutions Pty Ltd's intellectual property, Ecologic Solutions Pty Ltd reserves the right to seek all available legal and equitable remedies, including injunctive relief.

8. Privacy

Ecologic Solutions Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Ecologic Solutions Pty Ltd's Privacy Policy, which is available on the Website.

9. General Disclaimer

(a) You acknowledge that Ecologic Solutions Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b) Ecologic Solutions Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that the appearance and contents of a Product may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) Ecologic Solutions Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of Ecologic Solutions Pty Ltd is at your own risk. Everything on the Website, the Purchase Services, and the Products of Ecologic Solutions Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Ecologic Solutions Pty Ltd make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Ecologic Solutions Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(iv) the Content or operation in respect to links which are provided for the User's convenience;

(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. Limitation of Liability

(a) Ecologic Solutions Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Ecologic Solutions Pty Ltd is the resupply of information or Purchase Services to you.

(b) You expressly understand and agree that Ecologic Solutions Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) Ecologic Solutions Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Ecologic Solutions Pty Ltd, by third parties or by any of the Purchase Services offered by Ecologic Solutions Pty Ltd.

(d) Notwithstanding any other provision of these Terms, Ecologic Solutions Pty Ltd shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the Purchase Services, including but not limited to damages for loss of profits, use, data or other intangibles, even if Ecologic Solutions Pty Ltd has been advised of the possibility of such damages.

(e) Nothing in these Terms limits your rights under the Australian Consumer Law. Where the law allows, our liability is limited to supplying the service again or paying the cost of having it supplied again.

11. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Ecologic Solutions Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) notifying Ecologic Solutions Pty Ltd at any time; and

(ii) closing your accounts for all of the Purchase Services which you use, where Ecologic Solutions Pty Ltd has made this option available to you.

(d) Ecologic Solutions Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms or intend to breach any provision;

(ii) Ecologic Solutions Pty Ltd is required to do so by law;

(iii) a third party that Ecologic Solutions Pty Ltd relies on to provide the Purchase Services (such as a payment or hosting provider) has ceased to provide its services to Ecologic Solutions Pty Ltd, so that the Purchase Services can no longer be provided to you;

(iv) Ecologic Solutions Pty Ltd is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or

(v) the provision of the Purchase Services to you by Ecologic Solutions Pty Ltd is, in the opinion of Ecologic Solutions Pty Ltd, no longer commercially viable. If Ecologic Solutions Pty Ltd terminates the Terms under this clause 11(d)(v) and stops providing a Product or Purchase Service you have paid for, it will refund you the unused portion of the Purchase Price.

(e) Subject to local applicable laws, Ecologic Solutions Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Ecologic Solutions Pty Ltd's name or reputation or violates the rights of those of another party.

(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Ecologic Solutions Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

(a) You agree to indemnify Ecologic Solutions Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

13. Dispute Resolution

13.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13.2 Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

13.3 Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the mediation body mutually agreed on by both Parties or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Melbourne, Victoria, Australia.

13.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

13.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

14. Venue and Jurisdiction

The Purchase Services offered by Ecologic Solutions Pty Ltd are intended to be used by residents worldwide. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

15. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

16. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

17. Delivery, Revisions, Consultations and Your Information

(a) In clauses 17 to 22: "Blueprint" means the Personalised Food Forest Blueprint; "Complete Design" means the Complete Food Forest Design; "Consultancy" means the Expert Food Forest Consultancy; "Property Questionnaire" means the property questionnaire you complete for the Complete Design or the Consultancy; "Design" means any plan, layout, plant list, drawing or other design material prepared for you by Ecologic Solutions Pty Ltd as part of the Blueprint, the Complete Design or the Consultancy; and "business day" means a day other than a Saturday, a Sunday or a public holiday in Victoria, Australia.

(b) Revisions: The Complete Design includes one round of revisions to your Design. A round of revisions means one set of requested changes sent to Ecologic Solutions Pty Ltd together. The Consultancy includes the revisions described on the Website for the Consultancy at the time of purchase. Unless the Website states otherwise at the time of purchase, the Blueprint does not include revisions.

(c) Consultations: The Complete Design includes one 30 minute video consultation. The Consultancy includes a 60 minute first video consultation and any further consultations described in the quote or purchase order at the time of purchase. Video consultations are booked using the booking link provided to you after purchase.

(d) Changing a video consultation: If you need to change a video consultation booking (including by rescheduling or cancelling it), Ecologic Solutions Pty Ltd must be given at least 48 hours advance notice before the scheduled start time. You may reschedule each video consultation once at no charge with this notice. If less notice is given, or if you do not attend the video consultation, the booking is automatically forfeited. No rescheduling fee is charged. If Ecologic Solutions Pty Ltd needs to reschedule a video consultation, it will give you as much notice as it reasonably can and offer you another time at no cost to you.

(e) Wrong or incomplete information:

(i) Each Design is prepared using the information, answers, photographs, measurements and site details you provide, including through the Website's assessment and the Property Questionnaire. You are responsible for making sure that this information is accurate and complete.

(ii) If information is missing or appears to be incorrect, Ecologic Solutions Pty Ltd may ask you to provide or correct it.

(iii) Ecologic Solutions Pty Ltd is not responsible for a Design that is unsuitable, inaccurate or incomplete because the information you provided was wrong or incomplete.

(iv) If you give corrected or new information after a Design has been delivered, this is not a revision. Ecologic Solutions Pty Ltd may treat it as a new request, for which a further fee may apply.

(f) Delivery: A Product is delivered, and treated as received by you, when Ecologic Solutions Pty Ltd emails it to you or makes it available for you to download or access.

(g) Start of work: For the Complete Design and the Consultancy, Ecologic Solutions Pty Ltd is treated as having started work on your Design when it receives your completed Property Questionnaire or begins preparing your Design, whichever happens first.

18. Designs Are Guidance Only

(a) Each Design is guidance only, based on the information you provide about your property and your goals. Plant results cannot be guaranteed.

(b) Results depend on things outside the control of Ecologic Solutions Pty Ltd, such as weather, pests, site conditions and ongoing care, so Ecologic Solutions Pty Ltd cannot guarantee how your food forest will grow or what it will produce.

19. Council or Local Authority Permits and Legality of Works

(a) It is your responsibility to obtain any council or local authority permits or approvals required for all works you undertake as a result of a Design, before starting those works.

(b) It is your responsibility to make sure that any works you undertake as a result of a Design are legal on the property where you implement the Design.

(c) It is your responsibility to ensure that any works undertaken comply with any laws or regulations that impact your area of works.

20. Plant Suggestions

(a) Plant suggestions in a Design are guides only.

(b) It is your responsibility to check local laws and to confirm that the plants are legally allowed to be planted in your local area, and that it is legal for you to plant them.

21. Licence to Use Your Design

(a) Once you have paid the Purchase Price in full, Ecologic Solutions Pty Ltd grants you a non-exclusive, non-transferable licence to use your Design on the property for which it was prepared.

(b) You may not resell, republish, share or distribute your Design to any other person. The only exception is that you may give a copy to a landscaper, contractor or helper who is working with you to carry out the Design on that property.

22. Your Photographs and Site Information

(a) You permit Ecologic Solutions Pty Ltd to use the photographs, site plans, coordinates, location and other site information you provide to prepare your Design and to provide the Purchase Services.

(b) Ecologic Solutions Pty Ltd will not publish your photographs, site information or Design (for example in a case study or for marketing) unless you give written permission. If you give permission, Ecologic Solutions Pty Ltd will hide the exact location of your property.