TERMS AND CONDITION

Last Updated 15 October 2018

GARAGE SALE TRAIL FOUNDATION LTD (ACN 154 116 515)

GROW IT LOCAL - TERMS & CONDITIONS

Grow It Local is a celebration of backyard, balcony, community and window-sill farmers.

We aim to help connect local growers and to encourage more Australians to start growing their own food in communities across the nation.

1. INTRODUCTION

1.1In these Terms and Conditions, references to the following words shall have the following meanings:-

(a) “Active Participants” means individuals or entities who register as a participant to the Event via the Website, to register their Patch for display at the Event.

(b) “Claims” means actions, suits, causes of action, arbitrations, debts, dues, costs, claims, demands, verdicts, orders and judgments either at law or in equity or arising under a statute and whether or not the matters giving rise to those claims are known to the parties at the date these Terms and Conditions are entered into;

(c) “Event Hours” means the hours of between 9am and 4pm on Saturday November 24 2018 and between the hours of 9am and 4pm on Sunday 25 November 2018;

(d) “Goods” means fresh produce grown in the designated Patch of an Active Participant or something made from the fresh produce grown in that Patch;

(e) “Grow It Local” or “us” or “we” or “our” means Garage Sale Trail Foundation Ltd (ACN 154 116 515) of Level 1, 116 Chalmers St, Surry Hills, NSW 2010;

(f) “Loss” means, in relation to any person, any damage, loss, cost (including legal fees and costs on a full indemnity basis), expense or liability incurred by the person or any claim, action, proceeding or investigation made against the person however arising and whether present or future, fixed or unascertained, actual or contingent.

(g) “Patch” means a patch of edible garden located in a backyard, balcony, community garden, kitchen garden, market garden, verge or nature garden, foragable public space or windowsill that is registered by an Active Participant for the Event.

(h) “you” means:

(i) Users of the Websites

(ii) Active Participants

 1.2 By registering as an Active Participant in the Event via the Website, and otherwise when you use the Website, you are entering into a legally binding agreement with us and you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by the same.

1.3 You must comply with all applicable laws and regulations relating to your use of the Website and participation in the Event and these Terms and Conditions, as may be amended from time to time.

1.4 We may amend these Terms and Conditions from time to time, but when we do, we will use our best efforts to notify you, which may be by placing the updated Terms and Conditions on our website or emailing you to the email address on your account with us. Please check the Last Updated date at the top of these terms and conditions as published on our website.

1.5 Your continued participation in the Event and use of the Website is deemed acceptance of any amended Terms and Conditions unless you notify us otherwise. If you do not agree to any changes to these Terms and Conditions then you may terminate these Terms and Conditions, your use of the Website and/or participation in the Event in accordance with clause 8.

1.6 You acknowledge and agree that we retain all rights over the Website and the Event including but not limited to all logos, diagrams, graphics, images, layouts, appearance, videos, ideas, methods, databases, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (“Intellectual Property Rights”) and no right, title or interest in the Website or the Event or the Intellectual Property is transferred under these Terms and Conditions or otherwise.

1.7 We may alter the date of the Event for any reason on written notice to you. We will not be liable to you for any Loss or Claims arising from or in connection with a change of the date of the Event. The Event will operate in all types of weather unless we consider that the Event should be cancelled. You accept the risk of bad weather or other disruptions to the Event.

2. PARTICIPATION

2.1  To be entitled to register and participate in the Event, you agree that you meet the following criteria and you represent and warrant that:

(a) you are 18 years of age or older and able to enter into contracts voluntarily;

(b) the information in your registration form is true, correct and accurate;

(c) you are not currently restricted from access to the Event, or not otherwise prohibited from being an Active Participant;

(d) you are not a competitor to us and are not using the Event for reasons that could compete with our business;

(e) you have full power and authority to enter into these Terms and Conditions and doing so will not violate any other agreement to which you are a party;

(f) will not use the Website and participate in the Event except as provided for in these you Terms and Conditions;

(g) you own and have the right and authority to display your Patch.

2.2 We reserve the right to decline your registration, in our discretion. We will let you know if your registration is declined.

2.3 In participating in the Event you must, and represent and warrant that:

(a) you will participate in the Event and display your Patch in good faith;

(b) you will keep your Patch open for the duration of the hours set out in your registration form, which must be within the Event Hours;

(c) it is your responsibility to be familiar with and comply with all applicable Local, State and Federal laws, regulations, rules and ordinances, including, without limitation:

(i) privacy laws, intellectual property laws, anti-discrimination laws and related regulatory requirements;

(ii) any laws and all laws relating to the use of pesticides;

(iii) the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including but not limited to the obligations relating to consumer guarantees;

(iv) Local Council regulations relating to rules regarding the supply of produce and/or food items from private and public property;

(v) all laws, regulations and codes relating to food handling, food safety and food labelling to the extent that you offer Goods for sale or sample.

(d) You will comply with notices sent by us concerning the Event, whether such notices are delivered to you directly (via electronic means or otherwise) or via a general circular to Active Participants on the Website or on our social media platforms (to the extent that you are a user of our social media platforms);

(e) the produce grown in the Patch or the Goods are not illegal or banned under any local, state or federal laws;

(f) you will keep noise to a minimum during, leading up to and packing up after the Event;

(g) you will not cause unnecessary disruption or nuisance to any third party;

(h) you will obtain any necessary permits, licences or permissions to sell any Goods that you grow or produce from your Patch or anything made from that produce (including by offering free samples) at your premises during the Event.

2.4 You will not in relation to the Event:

(a) be false, inaccurate, misleading or deceptive to any person;

(b) act dishonestly or inappropriately;

(c) violate any applicable law, statute, ordinance or regulation;

(d) do anything that may create any liability for us or cause us to suffer Loss of any nature in connection with the Event;

(e) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information in connection with our Intellectual Property Rights including but not limited to on the Website or in any Event materials except as permitted in these Terms and Conditions or as expressly authorised by us in writing;

(f) sell any alcohol to any person during the Event;

(g) consume any alcohol in alcohol free zones;

(h) engage in any action that directly or indirectly interferes with or disrupts the proper working of the Website and/or the Event, including but not limited to unsolicited communications to other Active Participants; or

(i) use our brand, logos, trademarks and any other intellectual property except as expressly permitted or provided by us in writing prior to such use (including as set out on the Website).


3. PREMISES

3.1 In relation to the Event, you acknowledge and agree that:

(a) you own or have been granted the right to use or occupy the premises from which you will open your Patch to the public, as listed on the Website during the Event, whether that property is private or public property (“the Premises”);

(b) your opening of the Patch to the public and participating in the Event does not breach any agreement that you may have with a third party or infringe any third party rights with respect to the Premises;

(c) you have sought and obtained all relevant authority or permissions (including from any Local Council, landlord or strata body corporate) with respect to using the Premises to display your Patch and if you wish to do so obtain all relevant approvals, or permissions to sell any produce from your Patch or anything made from the Patch (including the offer of free samples); and

(d) you acknowledge that the Local Governmental Authority and/or Council area where the Premises is situated may not permit you to open a patch on Public property or their land. If you intend to open a Patch to the public on such public property you are solely responsible for seeking permission from the relevant Local Governmental Authority and/or Council and you agree that we are not responsible or liable for your failure to do so.

 

4. Sale of Produce

4.1 If you wish to offer for sale (including by offering free samples to the public) any Goods, you make the following warranties and representations:

(a) you are responsible for complying with the NSW Food Act 2003, Food Standards Code and all food safety, handling and labelling laws, regulations and guidelines;

(b) you hold all necessary licenses, permits, permissions and approvals to sell the Goods;

(c) if applicable by law, you have registered your details with the NSW Food Authority and have read the Food Handling Guide to ensure they comply with the NSW Food Authority Food Handling Guidelines for Temporary Events and Temporary Events and Food Standards and Labelling.

4.2 You acknowledge and agree that we are not a supplier of your Goods and that we provide the Event for Active Participants and the public to connect and to encourage more Australians to start growing their own food in communities across the nation. Our responsibilities are limited to facilitating the Event. You are solely responsible for and assume all liability in connection with the terms of any contract that you enter into with a third party, before, during or after the Event, relating to the Goods. For the avoidance of doubt, we do not assume any involvement in, responsibility or liability for any Loss or Claims in relation to such contracts.

4.3 We do not make any warranty or representation in respect of the Goods you sell at the Event (which includes the offer of free samples), including without limitation, in relation to the Good’s suitability, quality, fitness for purpose, safety or legality of the Goods.

5. INFORMATION AND WEBSITE

5.1 We may modify, replace, refuse access to, suspend or discontinue the Website partially or entirely, or change and modify any details relating to the Event in our absolute discretion.

5.2 By providing information to us, you represent and warrant that you are entitled to submit that information and that information is accurate, not confidential and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your information accurate and updated. We assume no responsibility for your information being inaccurate or out of date.

5.3 By applying to be an Active Participant, you grant us an irrevocable licence to publish on the Website and in any promotional material (whether hard copy or electronic) (including in connection with the Event) the information that you provide in relation to your listing, including but not limited to for promotional, advertising and/or marketing purposes.

6. CONTENT AND WEBSITE

6.1 You acknowledge and agree that you are solely responsible for the information, data and other content you provide us for inclusion on the Website or post, upload, email, transmit or otherwise make available on the Website or to us (“Content”).

6.2 You warrant that no Content is, shall or could:

(a) be inappropriate, inaccurate, offensive or objectionable;

(b) in any way offend other Active Participants, or users of the Website or bring the Website or us into disrepute in any way;

(c) falsely state, impersonate or otherwise misrepresent your identity, or misrepresenting your details including current address;

(d) be unlawful or potentially or actually libellous, abusive, obscene, discriminatory, offensive or otherwise objectionable;

(e)include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships or is otherwise confidential;

(f) contain software viruses, worms, or any other computer code, files or programs that could interrupt, destroy or limit the functionality of the Website; or

(g) infringe any third party’s intellectual property rights.

6.3 We may in its absolute discretion remove, modify, edit or reject any Content or material published on the Website from time to time in its absolute discretion as it deems fit and without reference to you. We complete editorial control over the Website at all times.

6.4 You must not:

(a) use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(b) use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without Garage Sale Trail’s express written consent;

(c) use the Website to transmit or send unsolicited commercial communications;

(d) use the Website for any purposes related to marketing without our express written consent.

7. LIABILITY AND INDEMNITY

7.1 You acknowledge and agree that:

(a) you are solely responsible for any and all Claims and Loss of any nature howsoever arising in connection with any persons on or entering the Premises during or in relation to the Event, including but not limited to any death or personal injury or damage to property; and

(b) you have or will have in place appropriate and current occupiers liability insurance and any necessary public risk and liability insurance during the Event. You are required to provide a evidence of insurances held when registering as a participant and on our request (acting reasonably).

7.2 You further acknowledge and agree that we have not given any warranties or made any representations relating to your participation in the Event other than as set out in these terms and conditions. This includes but is not limited to:

(a) the benefits of the location of your patch;

(b) the number of potential visitors at any particular patch;

(c) the extent to which we have carried out marketing or advertising to attract visitors to the Event;

(d) the number of participants in the Event and the location of the participants.

7.3 You indemnify and at all times in the future must keep us indemnified for all Loss and Claims incurred or suffered by us arising directly or indirectly from or in connection with:

(a) your breach of any term of these Terms and Conditions;

(b) your breach of any law;

(c) your breach of any warranties or representations in these terms and conditions;

(d) any act or omission by you in respect of any Content or other information provided by you to us; or

(e) any death or injury to persons, or damage to property, caused by any act or omission of you, or your employees, agents, contractors or invitees;

(f) any act or omission by you in connection with the Event, including any negligent act or omission.

7.4 You acknowledge and accept the risk of any communication to or from the Website and Content published on the Website may be accessed, intercepted, used or modified by third parties.

7.5 We do not warrant that access to or use of the Website will be uninterrupted, free from error or that any material published on the Website is free from errors, viruses, worms, trojan horses or any other harmful components. We disclaim any and all liability for any Loss or Claims in connection with any interruption to access, errors or delays in functioning of the Website for any reason.

7.6 To the fullest extent permitted by law we (including our officers, employees and agents) will not be liable for and you release and hold us harmless from all Loss that you may incur and from all Claims arising from or in any way connected with these Terms and Conditions, your use of the Website and the Event.

8. TERM AND TERMINATION

8.1 You may terminate these Terms and Conditions and participation in the Event at any time for any reason by providing notice by email to us. Such termination shall be effective immediately.

8.2 We may terminate these Terms and Conditions and your participation in the Event at any time if we reasonably believe that you have breached these Terms and Conditions in any way, by notice to you. Such termination shall be effective immediately.

8.3 Upon termination, you will lose access to the right to participate in the Event and immediately cease being an Active Participant. In addition, we may block your access to the Website at any time in its absolute discretion.

9. IMAGE CONSENT AND RELEASE

9.1 You consent and agree to us, our employees, contractors and other persons authorised by us, taking photographs and/or creating video recordings (inclusive of visual and audio components) of you and/or the Premises during the Event (“the Images”).

9.2 You authorise us to publish the Images in any form, including film, video, DVD, print, audio, digital and any and all other formats and media now known or to be developed (“the Materials”).

9.3 You acknowledge that we own all right, title and interest in the Images and the Materials and all copyright in the Images and Materials vests in us.

9.4 You waive any and all moral rights (as that term is defined under the Copyright Act 1968 (Cth) in the Images and Materials.

9.5 You understand and agree that we may use the Images and Materials in any form for such purposes as it deems appropriate in its absolute discretion, including but not limited to publication on our websites, marketing and promotional materials and public relations.

9.6 You understand that Materials published on the internet are accessible to all users and that we have no control over the subsequent use and disclosure of the Materials.

9.7 You acknowledge that you are not entitled to remuneration, royalties, commissions or any other forms of payment from us in respect of the Images or the Materials.

9.8 You are not aware of anything that may restrict or prevent us from using the Images and Materials pursuant to this clause 9 inclusive.

9.9 You release and hold us harmless from any and all Claims you may have or liabilities that you may incur in connection with this clause 9.


10.  GENERAL

10.1 If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, it must be read down so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. If this is not possible, the clause or offending part is taken to be severed from the Agreement and the remaining provisions of these Terms and Conditions will not be affected in any way.

10.2 Failure or delay by a party to exercise any right in respect of these Terms and Conditions does not waive that party’s right to act with respect to that breach or subsequent similar or other breaches.

10.3 No party is or has the right to act as agent, representative or partner of another party. These Terms and Conditions does not constitute an association, agency, joint venture or partnership between any parties.

10.4 These Terms and Conditions are governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

10.5 We may give notice under these Terms and Conditions by means of notice on the Website, or by email to your email address on record in your account information. You can notify us by email at [insert email address].

PRIVACY

11.1 You acknowledge that in using the Website, and participating in the Event, you will provide us certain personal information. Our Privacy Policy forms part of these Terms and Conditions and you acknowledge and agree to the way in which we collect, use and disclose your personal information set out in the Privacy Policy.

11.2 You consent to disclosing your personal information to participating local councils.

11.3 You consent to us using the personal information provided by you to contact you regarding anything connected with the Event or the Website, and to contact you for promotional and marketing purposes including but not limited to other services offered by us or our affiliates and partners, and marketing and promotional campaigns.

WEEKEND WALKAROUND

12.1 By participating in the Grow It Local Weekend Walkaround (“the Event”), you agree to open your edible garden during the days and times you selected for public display of your gardening processes and to be available to visitors to discuss your gardening methods including but not limited to the produce that you grow, companion plants to reduce pests, food waste, composting methods , use of seeds or seedlings and recipes from the produce grown in your edible garden.

12.2 Growers can register their patch for one or both of the Event days by completing the registration form on our website www.growitlocal.com (“the Website”).

12.3 The Event is hosted by Garage Sale Trail Foundation. The Website is licenced, operated and maintained by Garage Sale Trail Foundation.