WEBSITE TERMS AND CONDITIONS OF USE

1.       About the Website

• Welcome to frontiergardening.com.au (the 'Website '). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products '). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services ').
• The Website is operated by Indent Direct Australia (ABN 96 0789 416 89). Access to and use of the Website, or any of its associated Products or  Services, is   provided by Indent Direct Please read these terms and conditions (the '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.
• Indent Direct Australia reserves the right to review and change  any of the  Terms by updating this page at its sole discretion. When Indent Direct Australia updates  the Terms, it will use reasonable endeavours to provide you with notice of updates  to the Any changes to the Terms take immediate effect from the date of    their publication. 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 Indent Direct Australia in the user

3.       Purchase of Products and Returns Policy

• 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 (the 'Purchase Price ').
• Payment of the Purchase Price may be made through (the '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.

• Following payment of the Purchase Price being confirmed by Indent Direct Australia, you will be issued with a receipt to confirm that the payment has been received and Indent Direct Australia may record your purchase details for future

• Indent Direct Australia may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund  pursuant  to  this clause.

4.       Warranty

• Indent Direct Australia's Products come with guarantees that cannot be excluded under the Australian Consumer. 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 repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty ').
• You may make a claim under this clause (the 'Warranty Claim ') for material defects and workmanship in the Products within 12 months from the date of purchase (the 'Warranty Period ').
• In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Indent Direct Australia showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending email notice to: onlineorders@indentdirect.com.au.

• Where the Warranty Claim is accepted then Indent Direct Australia will, at its sole discretion, either repair or replace any defective Products or  part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for  parts or  You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.
• The Warranty shall be the sole and exclusive warranty granted by Indent Direct Australia 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.
• All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty
• The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or

5.       Delivery

• You acknowledge that the Purchase Services offered by Indent Direct Australia integrate delivery (the ' Delivery Services ') through the use of third-party delivery companies (the ' Delivery Service Providers ').
• In providing the Purchase Services, Indent Direct Australia may provide you with a variety of delivery and insurance options offered as part of the  Delivery Services by the Delivery Service Providers. You acknowledge and agree that Indent Direct Australia is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service  Providers in  respect to providing the Delivery
• In the event that an item is lost or damaged in the course of the Delivery Services, Indent Direct Australia asks that you:
• contact us by sending an email to onlineorders@indentdirect.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the purchase. 

6.       Copyright and Intellectual Property

• The Website, the Purchase Services and all of the related products of Indent Direct Australia are subject to copyright and other Intellectual Property Law. 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) (the 'Content ') are owned or controlled for these purposes and are reserved by Indent Direct Australia or its
• Indent Direct Australia 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:

• the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Indent Direct Australia; or
• the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or
• 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 Indent Direct Australia 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.

7.       Privacy

• Indent Direct Australia takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Indent Direct Australia's Privacy Policy, which is available below.

8.       General Disclaimer

• You acknowledge that Indent Direct Australia does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Products other than provided for pursuant to these
• Indent Direct Australia will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the

• 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.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
• Indent Direct Australia 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
• Use of the Website, the Purchase Services, and any of the  products of Indent Direct Australia (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the  Products of  Indent Direct Australia, 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 Indent Direct Australia including any third  party where  the  Delivery Services are made available to you) make any express or  implied  representation or  warranty about its Content or any products or Purchase Services  (including  the  products  or  Purchase Services of Indent Direct Australia) 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:
• 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;
• 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);
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

• the Content or operation in respect to links which are provided for the User's
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such

9.       Limitation of Liability

• Indent Direct Australia'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 Indent Direct Australia is the resupply of information or Purchase Services to
• You expressly understand and agree that Indent Direct Australia, 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
• Indent Direct Australia 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 Indent Direct Australia, by third parties or by any of the Purchase Services offered by Indent Direct
• You acknowledge that Indent Direct Australia does not provide the Delivery Services to you and you agree that Indent Direct Australia will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or  opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

10.    Indemnity

• You agree to indemnify Indent Direct Australia, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
• 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;

• 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
• any breach of the Terms. 

11.    Venue and Jurisdiction

• The Purchase Services offered by Indent Direct Australia is intended to be viewed by residents of Australia. 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 New South Wales, Australia.

12.    Governing Law

• The Terms are governed by the laws of New South Wales, 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 New South Wales 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.

          Privacy Policy

1.       We respect your privacy

• Indent Direct Australia respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal
• "Personal information" is information we hold which is identifiable as being about you. 

2.       Collection of personal information

• Indent Direct Australia will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other
• You may provide basic information such  as your  name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide  information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer
• Additionally, we may also collect any other information you provide while interacting with us. 

3.       How we collect your personal information

• Indent Direct Australia collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access  our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy. 

4.       Use of your personal information

• Indent Direct Australia may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

• Indent Direct Australia may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. 

5.       Disclosure of your personal information

• We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this   Personal information is only supplied to a third party when it is required for the delivery of our services.
• We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
• We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Indent Direct Australia, frontiergardening.com, its customers or third parties. 
• Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. 
• If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
• By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

6.       Security of your personal information

• Indent Direct Australia is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and
• The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7.       Access to your personal information

• You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at orders@indentdirect.com.au.
• We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act. 

8.       Complaints about privacy

• If you have any complaints about our privacy practises, please feel free to email the details of your complaints to onlineorders@indentdirect.com.au We take complaints very seriously and will respond shortly after receiving written notice of your complaint. 

9.       Changes to Privacy Policy

• Please be aware that we may change this Privacy Policy in the We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10.    Website

(a)         When you visit our website

When you come to our website (www.frontiergardening.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner  to analyse how people use our site, such that we can improve our service.

(b)         Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or  damage your  computer. Most web  browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads    to website visitors through third party services  such  as  Google Adwords. These ads may appear on this website or other websites you visit.

(c)         Third party sites

Our  site may from time to time have links to other  websites not owned or   controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Indent Direct Australia is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.