Website Terms and Conditions

By accessing the Hearts Minds and Flowers website (Site), you agree to these terms and conditions as updated from time to time (Terms of Use) and it will apply to your access and use of the Site and any goods or services available through the Site. These may include HMF workshops and events, charity  events and product.

In these Terms of Use, “we”, “us” and “our” refer Hearts Minds and Flowers and Veronica Arnold (ABN 46 150 038 081).

  1. Privacy

The Terms of Use should be read together with our full Privacy Policy, which is available to view here. By using the Site, you agree to our collection, use and disclosure of your personal information as set out in our Privacy Policy.

  1. Changes to Terms of Use

We reserve the right to amend our Terms of Use and Privacy Policy from time to time. Any amendment will be effective upon notification on this Site. Your continued use of the Site after any amendment constitutes an agreement by you to comply with, and be bound by, the amendments. Accordingly, you should check our Terms of Use and Privacy Policy regularly for changes.

  1. Information on this Site

All information set out on our Site (Information) is provided by us in good faith and on an “as is” basis for general information purposes only.

We make no representation or warranty about the availability, accuracy, completeness, reliability, currency, completeness or timeliness of the Information. You should make your own assessment of the Information contained on the Site. If you choose to rely on any Information, this is wholly at your own risk and you are solely responsible for the consequences of your use of any Information, including any decision to act or not act on the basis of the Information.

The Site may be accessed from outside Australia. We make no representation that the Information or Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and you are responsible for ensuring your compliance with all laws in the place where you are located.

  1. Disclaimer and Limit of Liability

We make no representation or warranty about the Site, including as to the security or availability of the Site, or that your use of, or access to, the Site will be uninterrupted or error free. We provide the Site on an “as is” and “as available” basis. To the fullest extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use, including in relation to accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, and subject to the consumer guarantees addressed below, we will not be liable for any loss, damage, costs or expenses however caused and whether direct, indirect, incidental, consequential, special or punitive, including without limitation loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits, whether arising in contract, tort (including negligence) or otherwise, including in connection with:

  • the use of, or failure to access, this Site, or the websites or social media pages or feeds of other entities which are hyperlinked from this Site (Linked Sites);
  • the conduct of transactions on or via this Site, including the purchase of products and the making of payments or donations on or via the Site;
  • damage caused by any virus, malware or other similar malicious code to your computer, device, system or software as a result of your access to, or use of, this Site or any Linked Site;
  • the occurrence of any cyber theft, cyber hacking, point of sale intrusion, website application attacks, crimeware, unauthorised access to, or any other cyber event on the Site or the IT infrastructure of the Site; or
  • your failure to comply with the Terms of Use.
  1. Consumer guarantees

If a supply under the Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in the Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
  • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies.
  1. Your use of the Site

As a condition of your use of the Site, you agree and warrant to us that you will provide accurate information to us and keep it updated, and not use the Site for any purpose that is prohibited by the Terms of Use. In particular, you agree you will not, and it is prohibited for you to:

  • use this Site to defame, abuse, harass, stalk, threaten or otherwise offend any person;
  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
  • use any automated scripting tools or software;
  • override any security feature or bypass or circumvent any access controls or use limits of the Site;
  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via the Site;
  • impersonate any other person or entity;
  • upload, post, email, transmit or otherwise make available using the Site any material that you do not have a right to make available or which contains viruses, or other harmful computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology that is not open source;
  • interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms); or
  • breach any laws or regulations which are applicable to your use of the Site in your jurisdiction, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws and tax laws.
  1. Linking

You may link to our Site provided you do so in a legitimate and fair way that does not damage our reputation or disparage us, our suppliers or advertisers. You must not establish a link in such a way as to suggest an association, approval or endorsement by us where none exists. You must not frame the Site on any other website. We reserve the right to withdraw linking permission at any time.

  1. Intellectual Property Rights

Copyright and all other intellectual property rights in material contained on the Site (including the text, graphics, videos, Information, designs, data and other content) (Content) is owned by us or our licensors unless otherwise indicated.

While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the Site for any other purpose.

Trademarks, logos and company names referred to, used on, or in connection with the Site are the property of their respective owners.

  1. Third party sites

Our Site (or social media sites on which we maintain a presence) may contain links to Linked Sites. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Site that is not our own.

Unless specifically stated, the inclusion of a Linked Site should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Site, or for any information, product or service referred to on the Linked Site.

Your use of any Linked Site is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Site. We are not responsible for the privacy practices of any Linked Sites, third party social media or other service providers that you can access through this Site, and you should review their respective privacy policies (as applicable).

  1. Your visit to our Site

We may use cookies (small data files that are stored on your computer) and other similar technologies to collect anonymous traffic data and to improve your Site user experience. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use the Site.

We may also collect and store information about your visit to the Site, including:

  • the name of the domain from which you accessed the internet;
  • the date and time you accessed the Site;
  • the internet address of the website from which you linked directly to the Site;
  • the pages you accessed while visiting the Site;
  • the type of device from which you accessed the Site; and
  • the location from which you accessed the Site.

All of the information we collect using cookies is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how the Site was used in order to maintain its effectiveness. We do not collect this information for any type of online advertising.

  1. Complaints

Complaints and disputes will be handled in accordance with our Complaints policy and complaints handling procedure. You agree to participate in good faith in that process. If you believe there has been any error you should notify us in the first instance and as soon as possible so that we can act to resolve your query or concern.

  1. Applicable laws

The Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings in connection with the Terms of Use or the Site.

  1. Contact us

If you have any comments, questions or concerns, you can contact us at:

Hearts Minds and Flowers

ABN 46 150 038 081

Or through our connect page.