Accuracy of Information
All material on the The Grounds is provided in good faith. It is derived from sources believed to be accurate and current as at the date of publication. Your use of The Grounds products is at your sole risk. Access to The Grounds is provided on an ‘as available’ basis. Neither The Grounds and its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on The Grounds will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to The Grounds will be uninterrupted, timely or secure. The Grounds will not be liable for loss resulting from any action or decision by you in reliance on the information on The Grounds, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
The Grounds and its affiliates attempt to be as accurate as possible. However, The Grounds does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by The Grounds itself is not as described, your sole remedy is to return it in unused condition.
Limitation of Liability
The Trade Practices Act and similar state and territory Legislation in Australia may confer rights and remedies on you in relation to the provision by The Grounds of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”).
The Grounds does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) The Grounds and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose,
b) The Grounds does not warrant that the functions contained in any content or your access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits web content to you are free of viruses or any other harmful components,
c) all content is provided “as is” and without warranties of any kind, either express or implied, d) The Grounds does not warrant or make any representation regarding your access to, or the results of your access to, the web site (including any related or linked web sites) or any content in terms of correctness, completeness, accuracy, timeliness, or otherwise, and
Under no circumstances (including but not limited to any act or omission on the part of The Grounds) will The Grounds or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any Content. You expressly acknowledge and agree that The Grounds does not exert control over users of the web site (including individuals referred to on the web site as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, The Grounds‘ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Grounds in the case of goods supplied or offered by The Grounds, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
These conditions and all other specific and additional terms which govern your use of and access to The Grounds will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.