DISCLAIMER

Use of this App is at your own risk and Plant Factory Group Pty Ltd is not liable for any loss, damage or disclosure of any personal information that may result from its use. The App accesses the minimum permissions required to enable the App to function and these permissions are detailed when a version of the App is installed. Software bugs will be fixed on a best endeavours basis and can be reported via the App stores.

These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.

DEFINITIONS

“App” means the Plant Factory software application for mobile phones and tablet computers.

“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.

“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.

“We”, “our” and “us” means Plant Factory Group Pty Ltd.

“You” means each of the end user, subscriber or Advertiser (as relevant).

GENERAL

By using this App, you authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.

You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.

Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.

You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.

LIABILITY

Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.

In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.

All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorised use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

GOVERNING LAW

These Terms of Use are governed by the laws of VIC, Australia which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of VIC for determining any dispute concerning these Terms of Use.

YOUR PRIVACY

Last updated: 20 October 2023

At Plant Factory Group Pty Ltd, we are committed to protecting your privacy as a user of our App and services. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our privacy policy below carefully.

INFORMATION WE COLLECT FROM YOU

We only access minimum permissions required to activate, enable and run this App. You agree and acknowledge that use of this App is at your own risk and we are not liable for any loss or damage that may result from your use of this App, however it may occur.

In the course of your visits to our website or use of our App and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).

Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.

You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.

HOW WE USE YOUR INFORMATION

Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.

Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.

Non-Personally Identifiable Information: We also use the information we collect in aggregated and anonymised forms to improve our services, including: administering our website and App services, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.

Any information you choose to make publicly available, such as blog comments and testimonials on our website, or posts on our App, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached or archived form.

STORAGE AND SECURITY OF YOUR INFORMATION

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorised use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.

To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.

We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.

COOKIES AND PIXELS

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website or App to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any Personal Data (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. This may, however, prevent you from taking full advantage of our website and App services.

Our website and our App uses cookies to analyse website traffic, provide social media sharing and liking functionality and help us provide a better visitor experience. In addition, cookies and pixels may be used to serve relevant ads to website and App users through third party services such as Google Adwords and Facebook Adverts. These ads may appear on our website, App or other websites you visit.

SHARING YOUR INFORMATION WITH THIRD PARTIES

We do not and will not sell or deal in Personal Data or any customer information.

Your Personal Data details are only disclosed to third party suppliers when it is required by law, for goods or services which you have purchased, for payment processing or to protect our copyright, trademarks and other legal rights. To the extent that we do share your Personal Data with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy and in accordance with applicable law. Our contracts with third parties prohibit them from using any of your Personal Data for any purpose other than that for which it was shared.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Plant Factory Group Pty Ltd, our customers or third parties.

If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.

LINKS TO OTHER WEBSITES

This App or our website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our App or website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy policy applies solely to information collected by this App and our own website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your Personal Data, please contact us at info@plantfactory.com.au and we will respond within 48 hours.