PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern www.platform13.com.au’s relationship with you in relation to your use of this website.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to www.platform13.com.au’s and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Platform 13 rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Platform 13 is not legally responsible for any loss or damage you might suffer related to your use of the website, www.platform13.com.au, whether from errors or from omissions in our documents or information, any goods, or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Platform 13 liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
DELIVERY OF PHYSICAL GOODS
It is the purchaser’s responsibility to ensure all goods delivered to secure addresses (eg – apartments and units) will be received by the recipient.
All unsuccessful deliveries will result in the goods returned to Platform 13 incurring additional fees to the purchaser. Collection of goods from Platform 13 is available or the redelivery of goods. The redelivery of goods will incur an additional delivery fee to the purchaser.
Platform 13 uses multiple local courier companies to deliver physical goods. Deliveries are processed promptly upon receipt of full payment. Delivery times may vary depending on the delivery company chosen. Platform 13 is not responsible for goods that are either damaged in transit or not received. Platform 13 should be notified immediately of damaged or lost goods. Replacement of damaged or lost items is made at the discretion of Platform 13.
EVENT TERMS AND CONDITIONS:
We require acceptance of all quotes no later than 14 days prior to your event. This is due to the ordering of stock and staff scheduling purposes.
Cancellations of any events less than 14 days prior to an event date are non-refundable in full.
Cancellations of more than 14 days prior to your event date may qualify for a refund on those items that have not been purchased by Platform 13 along with delivery and installation. Please note some floral varieties do require 2 weeks advance ordering from our suppliers/growers.
Full payment of all Events is required Fourteen (14) days prior to event dates. Events are confirmed upon receiving of payment, unless specified by Platform 13. All props provided by Platform 13are the property of Platform 13 and provided on a hire only basis, unless purchased by the customer or client. Platform 13 will collect all hired items, unless specified by Platform 13. If props are to be returned by client, this must occur within one (1) week of Event date. If hired items are damaged by customer or client this will incur additional fees to the value of prop.
If collection of hired items occurs outside of business hours, an additional charge will be incurred.
Platform 13 reserves the right to photograph all arrangements upon installation for promotional material use.
WEDDING TERMS AND CONDITIONS:
All weddings require a 40% deposit upon confirmation, unless specified by Platform 13.
Full payment of all Weddings is required one (1) week prior to Wedding date.
If collection of hired items occurs outside of business hours, an additional charge will be incurred.
Platform 13 reserves the right to photograph all arrangements upon installation for promotional material use.
Cancellations made within one (1) week of Wedding date will result in loss of the complete payable amount.
All props or hired items provided by Platform 13 are the property of Platform 13 and provided on a hire only basis, unless purchased by the customer or client. Platform 13 collects all props, unless specified by Platform 13. If props are to be returned by the client, this must occur within one (1) week of Wedding date.
RETURNS AND REFUNDS
Platform 13 handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Products sold on this website are a perishable, natural item and flowers life span is dependent on species, resulting in some flower varieties living longer than others. Flowers are a product of nature; availability is dependent on season and markets. By accepting these terms and conditions you are acknowledging there may be discrepancies between images and produced goods.
Platform 13 must be notified within three (3) days of purchase of all refunds or returns. Platform 13 will not accept returns based on change of mind or design. In cases of flowers perishing within three (3) days of purchase and all care instructions have been followed or if Platform 13 provides the incorrect goods, Platform 13 will provide a replacement. The value of the replacement is at the discretion of Platform 13.
Platform 13 reserves the right to request images of original goods for our records.
Replacement flowers will not be sent if the original goods have been disposed of or images have not been produced.
DISCLAIMER
To the fullest extent permitted by law, Platform 13 absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose.
Platform 13 gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Platform 13 to bear any entire costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
YOUR PRIVACY
At Platform 13 we are committed to protecting your privacy. Our secure servers protect all information we receive from our customers. Platform 13 respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. www.platform13.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all the customer data www.platform13.com.au collects is secured against unauthorised use or access.
We do not store credit card information on our servers.
THIRD PARTIES
www.platform13.com.au does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Platform 13 may be required, in certain circumstances, to disclose information in good faith and where Platform 13 is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Platform 13, our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods, or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Platform 13. Platform 13 expressly excludes and does not permit you to use or access its website, www.platform13.com.au, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then Platform 13 will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from improper use. Platform 13 reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Platform 13 expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
WHOLE AGREEMENT
These terms and conditions represent the whole agreement between you and Platform 13 concerning your use and access to Platform 13’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
JURISDICTION
This agreement and this website are subject to the laws of Victoria and Australia. If there is a dispute between you and Platform 13 that results in litigation, then you must submit to the jurisdiction of the courts of Victoria.