Terms & Conditions

TERMS OF USE

AGREEMENT TO OUR LEGAL TERMS

We are NATURE PEST AUSTRALIA (‘Company‘,
‘we‘, ‘us‘, or ‘our‘), a company registered
in Australia, New South Wales.

We operate the website https://www.naturepest.com.au (the
‘Site‘), as well as any other related products and services that refer
or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

You can contact us by email at hello@naturepest.com.au,
New South Wales, Australia.

These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (‘you‘),
and NATURE PEST AUSTRALIA, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU
MUST DISCONTINUE USE IMMEDIATELY.

We will provide you with prior notice of any
scheduled changes to the Services you are using. The modified Legal Terms will
become effective upon posting or notifying you by hello@naturepest.com.au, as
stated in the email message. By continuing to use the Services after the
effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at
least 13 years of age. All users who are minors in the jurisdiction in which
they reside (generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If you
are a minor, you must have your parent or guardian read and agree to these
Legal Terms prior to you using the Services.

We recommend that you print a copy of these
Legal Terms for your records.

TABLE OF CONTENTS

OUR SERVICES

INTELLECTUAL PROPERTY RIGHTS

USER REPRESENTATIONS

USER REGISTRATION

PRODUCTS

PURCHASES AND PAYMENT

RETURN POLICY

PROHIBITED ACTIVITIES

USER GENERATED CONTRIBUTIONS

CONTRIBUTION LICENCE

GUIDELINES FOR REVIEWS

SOCIAL MEDIA

SERVICES MANAGEMENT

PRIVACY POLICY

TERM AND TERMINATION

MODIFICATIONS AND INTERRUPTIONS

GOVERNING LAW

DISPUTE RESOLUTION

CORRECTIONS

DISCLAIMER

LIMITATIONS OF LIABILITY

INDEMNIFICATION

USER DATA

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

MISCELLANEOUS

CONTACT US

OUR SERVICES

The information provided when using the
Services is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local
laws are applicable.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all
intellectual property rights in our Services, including all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the ‘Content’), as
well as the trademarks, service marks, and logos contained therein (the
‘Marks’).

Our Content and Marks are protected by
copyright and trademark laws (and various other intellectual property rights
and unfair competition laws) and treaties in the United States and around the
world.

The Content and Marks are provided in or
through the Services ‘AS IS’ for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal
Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant
you a non-exclusive, non-transferable, revocable licence to:

access the Services; and

download or print a copy of any portion of the Content to which you
have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere
in our Legal Terms, no part of the Services and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.

If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our
Legal Terms, please address your request to: hello@naturepest.com.au. If we
ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of
the Services, Content, or Marks and ensure that any copyright or proprietary
notice appears or is visible on posting, reproducing, or displaying our
Content.

We reserve all rights not expressly granted to
you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property
Rights will constitute a material breach of our Legal Terms and your right to
use our Services will terminate immediately.

Your submissions

Please review this section and the ‘PROHIBITED ACTIVITIES‘ section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.

Submissions: By
directly sending us any question, comment, suggestion, idea, feedback, or other
information about the Services (‘Submissions’), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you.

You are responsible for what you post or
upload: By sending us Submissions through any
part of the Services you:

confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post,
send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all
moral rights to any such Submission;

warrant that any such Submission are original to you or that you
have the necessary rights and licences to submit such Submissions and that
you have full authority to grant us the above-mentioned rights in relation
to your Submissions; and

warrant and represent that your Submissions do not constitute
confidential information.

You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.

USER REPRESENTATIONS

By using the Services, you represent and
warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with
these Legal Terms; (4) you are not under the age of 13; (5) you are
not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Services; (6) you will not access the
Services through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or unauthorised
purpose; and (8) your use of the Services will not violate any applicable law
or regulation.

If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of the
Services (or any portion thereof).

USER REGISTRATION

You may be required to register to use the
Services. You agree to keep your password confidential and will be responsible
for all use of your account and password. We reserve the right to remove,
reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.

PRODUCTS

We make every effort to display as accurately
as possible the colours, features, specifications, and details of the products
available on the Services. However, we do not guarantee that the colours,
features, specifications, and details of the products will be accurate,
complete, reliable, current, or free of other errors, and your electronic
display may not accurately reflect the actual colours and details of the
products. All products are subject to availability, and we cannot guarantee
that items will be in stock. We reserve the right to discontinue any products
at any time for any reason. Prices for all products are subject to change.

PURCHASES AND PAYMENT

We accept the following forms of payment:

–  Visa

–  Mastercard

–  PayPal

You agree to provide current, complete, and
accurate purchase and account information for all purchases made via the
Services. You further agree to promptly update account and payment information,
including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax
will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in AU Dollars.

You agree to pay all charges at the prices
then in effect for your purchases and any applicable shipping fees, and you
authorise us to charge your chosen payment provider for any such amounts upon
placing your order. We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.

We reserve the right to refuse any order
placed through the Services. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same customer account,
the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole
judgement, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Please review our Return Policy posted on the
Services prior to making any purchases.

PROHIBITED ACTIVITIES

You may not access or use the Services for any
purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavours except those that
are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Services.

Use any information obtained from the Services in order to harass,
abuse, or harm another person.

Make improper use of our support services or submit false reports
of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws
or regulations.

Engage in unauthorised framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any
Content.

Attempt to impersonate another user or person or use the username
of another user.

Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as ‘spyware’ or ‘passive collection
mechanisms’ or ‘pcms’).

Interfere with, disrupt, or create an undue burden on the Services
or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent
or restrict access to the Services, or any portion of the Services.

Copy or adapt the Services’ software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any
way making up a part of the Services.

Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorised script or other software.

Use a buying agent or purchasing agent to make purchases on the
Services.

Make any unauthorised use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means for
the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretences.

Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating
endeavour or commercial enterprise.

USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or
post content. We may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, ‘Contributions’).
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be treated in
accordance with the Services’ Privacy Policy. When you create or make available
any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licences,
rights, consents, releases, and permissions to use and to authorise us,
the Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated
by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libellous, slanderous, or otherwise objectionable (as
determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.

Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.

Your Contributions do not violate any applicable law, regulation,
or rule.

Your Contributions do not violate the privacy or publicity rights
of any third party.

Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.

Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.

Your Contributions do not otherwise violate, or link to material
that violates, any provision of these Legal Terms, or any applicable law
or regulation.

Any use of the Services in violation of the
foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.

CONTRIBUTION LICENCE

You and Services agree that we may access,
store, process, and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices (including
settings).

By submitting suggestions or other feedback
regarding the Services, you agree that we can use and share such feedback for
any purpose without compensation to you.

We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal
action against us regarding your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Services to
leave reviews or ratings. When posting a review, you must comply with the
following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organise a campaign
encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in
our sole discretion. We have absolutely no obligation to screen reviews or to
delete reviews, even if anyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions
or the views of any of our affiliates or partners. We do not assume liability
for any review or for any claims, liabilities, or losses resulting from any
review. By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and
licence to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.

SOCIAL MEDIA

As part of the functionality of the Services,
you may link your account with online accounts you have with third-party
service providers (each such account, a ‘Third-Party Account’) by either: (1)
providing your Third-Party Account login information through the Services; or
(2) allowing us to access your Third-Party Account, as is permitted
under the applicable terms and conditions that govern your use of
each Third-Party Account. You represent and warrant that you are
entitled to disclose your Third-Party Account login information to us
and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the
applicable Third-Party Account, and without obligating us to pay any
fees or making us subject to any usage limitations imposed by the third-party
service provider of the Third-Party Account. By granting us access to
any Third-Party Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that you have provided to and
stored in your Third-Party Account (the ‘Social Network Content’) so
that it is available on and through the Services via your account, including
without limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to
your Third-Party Accounts may be available on and through your
account on the Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to
such Third-Party Account is terminated by the third-party service
provider, then Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your
account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited
to, for accuracy, legality, or non-infringement, and we are not responsible for
any Social Network Content. You acknowledge and agree that we may access your
email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Services. You can deactivate the connection between the
Services and your Third-Party Account by contacting us using the
contact information below or through your account settings (if applicable). We
will attempt to delete any information stored on our servers that was obtained
through such Third-Party Account, except the username and profile
picture that become associated with your account.

SERVICES MANAGEMENT

We reserve the right, but not the obligation,
to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates
the law or these Legal Terms, including without limitation, reporting such user
to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.

PRIVACY POLICY

We care about data privacy and security.
Please review our Privacy Policy: https://www.naturepest.com.au/privacy-policy-2/.
By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted
in Australia. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in Australia, then through
your continued use of the Services, you are transferring your data
to Australia, and you expressly consent to have your data transferred to
and processed in Australia.

TERM AND TERMINATION

These Legal Terms shall remain in full force
and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for
any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive
redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or
remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any
information on our Services. We also reserve the right to modify or discontinue
all or part of the Services without notice at any time. We will not be liable
to you or any third party for any modification, price change, suspension, or
discontinuance of the Services.

We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections, updates, or
releases in connection therewith.

GOVERNING LAW

These Legal Terms shall be governed by and
defined following the laws of Australia. NATURE PEST AUSTRALIA and yourself
irrevocably consent that the courts of Australia shall have exclusive
jurisdiction to resolve any dispute which may arise in connection with these
Legal Terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of
any dispute, controversy, or claim related to these Legal Terms (each a
‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us
(individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to
first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection
with these Legal Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European Arbitration
Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this
ICAC, which, as a result of referring to it, is considered as the part of this
clause. The number of arbitrators shall be two (2). The seat, or legal place,
or arbitration shall be Sydney, Australia. The language of the proceedings
shall be English. The governing law of these Legal Terms shall be substantive
law of Australia.

Restrictions

The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilise class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and
Arbitration

The Parties agree that the following Disputes
are not subject to the above provisions concerning informal negotiations
binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorised use; and (c) any claim for injunctive
relief. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.

CORRECTIONS

There may be information on the Services that
contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
US.CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all of our respective
officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Services; (2)
breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defence and control of any
matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defence of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you
transmit to the Services for the purpose of managing the performance of the
Services, as well as data relating to your use of the Services. Although we
perform regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have undertaken
using the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.

MISCELLANEOUS

These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of
our rights and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms
and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defences you
may have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.

CONTACT US

In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services,
please contact us at:

NATURE PEST AUSTRALIA

__________, New South Wales

Australia

hello@naturepest.com.au