1000 TREES PTY LTD WEBSITE TERMS OF USE

1. ABOUT THE WEBSITE

1.1 Thank you for using our Website located at 1000trees.com.au (‘Website’). The Website is a digital marketplace through which 4-star and 5-star hotels/resorts or travel agents (‘Marketplace Accommodation Providers’) offer holiday accommodation deals (‘Accommodation Services’) and Purchasers (‘Purchasers’) who book the Accommodation Services directly with Marketplace Accommodation Providers.

1.2 The Website is operated by 1000 Trees Pty Ltd (ACN 617 870 685) (‘1000 Trees’). In this Website, ‘us’, ‘we’ or ‘our’ means 1000 Trees. 1000 Trees provides you access to and use of the Website, and its Accommodation Services.

1.3 1000 Trees is solely the operator of the Website as a platform that connects Marketplace Accommodation Providers with Purchasers.  1000 Trees does not provide Accommodation Services and each Purchaser is solely responsible for selecting the Marketplace Accommodation Providers for the Accommodation Services that will be performed.

1.4 Any decision made to select an Marketplace Accommodation Provider, is made in the Purchaser’s sole discretion and at their sole risk and each Purchaser must decide whether an Marketplace Accommodation Provider is suitable for the particular Accommodation Services required.

1.5 Please read these terms and conditions (‘Terms’) carefully. These terms and conditions shall govern your use of our Website. In using this Website and the Accommodation Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Website, or any of the Accommodation Services, immediately.

1.6 You must be a registered member to make orders and access some features of the Website. To register as a Member and use the Website, you must be at least 18 years old, and have capacity to enter into a legally binding agreement. If you register with our Website as a member, submit any material to our Website or use any of our Website services, we will ask you to expressly agree to these terms and conditions.

1.7 By using the Website, you grant your consent to us to send to you direct marketing communications to the email address you provide from which you may unsubscribe at any time.

1.8 Please also review our Privacy Policy at 1000trees/privacy-policy which is incorporated into and made a part of these Terms.

1.9 1000 Trees may amend any of the Terms at any time, and by continuing to use the Website you accept the Terms as they apply from time to time.

2. REGISTRATION AND ACCEPTANCE OF TERMS FOR MARKETPLACE ACCOMMODATION PROVIDERS AND PURCHASERS (‘MEMBERS’)

2.1 To supply the Accommodation Services or obtain access to the Accommodation Services, you must first register for an account through the Website (‘Member Account’). By registering for a Member Account, you will be required to accept the terms and conditions of membership by clicking “I accept” in the user interface as a condition of joining as a member (‘Member’).

2.2 A Member means and includes a Marketplace Accommodation Provider and a Purchaser. 1000 Trees may, in its sole discretion, deny anyone access to membership or the Accommodation Services or the Website at any time and for any reason.

2.3 As part of the registration process for membership, and as a condition of your use of the Website and Accommodation Services, you must provide current, accurate identification, and other information to enter into this agreement with 1000 Trees, including:
(a) an email address
(b) preferred username
(c) a mailing address
(d) a telephone number
(e) a password, and
(f) your current and valid accommodation rating in accordance with the Terms.

(‘Registration Data’)

2.4 You acknowledge and agree as a Member to provide accurate, true and correct information. 1000 Trees may undertake additional enquiries to confirm the identity, background or qualifications of any Members.

2.5  As a condition of your use of the Website to supply and receive the Accommodation Services, you warrant and agree any information you provide to 1000 Trees as part of the registration process, including information relating to third parties, is accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) bound by the Terms to form an agreement with 1000 Trees.

2.6  You can cancel your registration and delete your Member Account in accordance with clause 11.

2.7  You acknowledge that:

(a) we do not confirm the identity of Website users including Members (either as an Marketplace Accommodation Provider or a Purchaser), check their credit worthiness or bona fides, or otherwise vet them;

(b) we do not check, audit or monitor the information contained in Website listings;

(c) we are not party to any contract for the supply or purchase of Accommodation Services advertised on the Website;

(d) we are not involved in any transaction between a Purchaser and a Marketplace Accommodation Provider in any way, save that we facilitate a marketplace for Marketplace Accommodation  Providers and Purchasers and process payments on behalf of Marketplace Accommodation Providers;

(e) we are not the agents for any Marketplace Accommodation Provider or Purchaser.

2.8 You acknowledge and agree that:

(a)  we will not be liable to any person in relation to the offer for sale or supply of any Accommodation Services advertised on our Website;

(b) we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any Accommodation Services and we will have no obligation to    mediate any disputes between the parties to any such contract;

(c)  we cannot be held responsible for the actions or representations of our Members, either on or off the Website;

(d) we cannot guarantee that any information provided by a Member is true, accurate, complete, current and not misleading; and

(e) you will not hold us liable in respect of any loss or damage arising out of any Member actions, representations or transactions.

2.9 Information about products or services on the Website is based on material provided by Member accommodation suppliers including hotels, resorts, travel agents and third-party merchants. This includes information about hotel and resort prices, terms for availability and bookings, and the description of hotels and resorts and their amenities. 1000 Trees is not responsible for the accuracy of such information as we rely on the information supplied by Members. If we become aware of any inaccuracies, we reserve the right to correct any information including but not limited to pricing. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by Members or by third parties. We accept no responsibility for any inaccuracy or incorrect description contained on this Website. Each Marketplace Accommodation Provider remains responsible at all times for the accuracy relating to images, descriptions and amenity descriptions of the accommodation or non-delivery of information. Purchasers agree to make their own enquiries to verify information provided and to assess the suitability of products or services before a Purchase orders any products or services.

2.10 1000 Trees does not accept responsibility for any change in prices or variation of services advertised, and all services and prices are subject to change without notice.

2.11 1000 Trees does not accept any liability for the acts, omissions or default, whether negligent or otherwise of any Members on the Website in connection with any supply including in relation to contracts between Marketplace Accommodation Providers and Buyers.

2.12 1000 Trees may in its absolute discretion refuse to facilitate the supply or products and services where

a) the Purchaser has incorrectly or incompletely placed an order;

b) payment for any products or services ordered by the Purchaser has not been paid; or

c) any products or services are unavailable due to Force Majeure (means occurrence of an event or circumstances beyond the reasonable control of the party effected by it).

3. ACCESS TO WEBSITE

3.1 1000 Trees is a marketplace operator that provides a Website platform for Members with accounts (Marketplace Accommodation Provider Account or Purchaser Account as applicable) to connect online for the supply and booking of Accommodation Services.

3.2 Members warrant as a condition of their use of and access to our Website and Accommodation Services that:

a) they are authorised to enter a legally binding contract if they are supplying or using the Accommodation Services on behalf of another person or entity; and

b) they are not a person prohibited from supplying or receiving the Accommodation Services under the laws of Australia or other country in which the Member resides or from which the Member accesses the Accommodation Services.

c) Marketplace Accommodation Providers warrant as a condition of their use of and access to our Website that the Marketplace Accommodation Provider can supply:

d) a rated 4 or 5-star hotel or resort; and

e)this rating is an independent accreditation, rated by a recognised local authority or rating scheme in the country, territory or region where the 4-star or 5-star hotel or resort is located (“Independent Accommodation Rating Accreditation”).

A Marketplace Accommodation Provider whose Independent Accommodation Rating Accreditation has expired or is pending revalidation must not provide any Accommodation Services on the Website until the Marketplace Accommodation Provider holds or can provide a current and valid Independent Accommodation Rating Accreditation for a 4-star or 5-star hotel or resort rating.

3.3 You must not access and use the Website and Accommodation Services if:

a) you are not of legal age to form a binding contract with 1000 Trees;you are a person barred from receiving the Accommodation Services under the laws of Australia or other countries or regions b) including the country or region in which you are resident or from which you use or plan to use the Accommodation Services; or
c) if you are an Marketplace Accommodation Providers and your Accommodation Rating Accreditation has expired or is not current.

3.4 1000 Trees reserves the right to immediately cancel the registration of a Marketplace Accommodation Provider without notice where the Marketplace Accommodation Providers rating does not meet the Independent Accommodation Rating Accreditation or it is expired or is not current.

4. USER LOGIN DETAILS

4.1 If you register for an account with our Website, 1000 Trees will provide you with or you will be asked to choose a user ID and password.

4.2 You must not use your account or user ID in a way that is misleading or deceptive or in connection with the impersonation of any person including another person’s name, ID or password without permission.

4.3 You must keep your password confidential.

4.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

4.5  You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held responsible or liable for any damages or losses arising out of such a failure.

5. GENERAL OBLIGATIONS AND CANCELLATION AND SUSPENSION OF ACCOUNT

5.1 As a Member, you acknowledge and agree that:

a) you will use the Website only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating any supply on this Website in the relevant jurisdictions;

b) you have the sole responsibility for protecting the confidentiality of your password and email address. The use of your password by any other person may result in the immediate cancellation of your access to this Website;

c) you agree to immediately notify 1000 Trees of any unauthorised use of your password or email address or any breach of security of which you have become aware;

d) your access to and use of the Website is non-transferable;

e) you must not use the Website for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email;

f) any unauthorised commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in immediate termination of your membership or access to the Website;

g) you may not have more than one (1) active account. 1000 Trees reserves the right to merge multiple accounts or to suspend or terminate your account and your access to 1000 Trees Website if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete;

h) you must not send or post unauthorised communications such as spam or advertising on the Website;

i) you must not upload viruses or other malicious code on the Website;

j) you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate;

k) you agree to use the Website in compliance with all local, state and federal laws and regulations.

5.2 If your booking or account shows signs of fraud, abuse or suspicious activity, 1000 Trees may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may:

(a) suspend your account;

(b) cancel your account; and/or

(c)  edit your account details,

at any time in our sole discretion without notice or explanation.

6. MARKETPLACE ACCOMMODATION PROVIDER

6.1 Eligibility

(a) This section 6 applies to you if you are, or wish to be, a Marketplace Accommodation Provider offering Accommodation Services to Purchasers through our Website.

(b) To be eligible for a Marketplace Accommodation Provider account on our Website under this Section 6, you must be:

(c) You may register for a Marketplace Accommodation Provider Account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will be sent to you.

6.2 Website Listings

(a) If you register with our Website as a Marketplace Accommodation Provider, you will be able to submit website listings to the Website.

(b) Website listings that are submitted will be individually reviewed following submission.

(c) Without prejudice to our other rights under these Terms, we reserve the right at any time to reject, unpublish or delete any website listings that breach these Terms or that do not meet any additional guidelines for website listings published on our Website.

(d) Website listings submitted to our Website must be true, fair, complete and accurate in all respects.

(e) Website listings submitted to our Website must constitute bona fide Website listings relating for the supply of a rated 4-star or 5-star hotel or resort, with an Independent Accommodation Rating Accreditation.

(f) Website listings must be allocated to the appropriate category or categories. If you cannot identify an appropriate category for a Website listing, please contact us.

(g) You must keep your website listings up to date using our Website interface and you must immediately remove any Website listings in respect of any supply that has ceased to be available.

(h) You must ensure that all prices specified in or in relation to a website listing are in Australian Dollars only.

6.3 Market rules

(a) The only Accommodation Services that may be the subject of a website listing on our Website are Accommodation Services falling within the following categories: 4-star or 5-star hotels and resorts (with an ‘Independent Accommodation Rating Accreditation’).

(b) You must not use our Website to advertise, buy, sell or supply physical products, intangible products or downloadable products.

(c) You must not advertise, buy, sell or supply through or in relation to our Website any supply that:

6.4 Terms and Conditions of Supply

(a) You agree that a contract for the purchase and supply of Accommodation Services will come into force between you and a Purchaser and that you will supply the Accommodation Services, in the following circumstances:

(b) Marketplace Accommodation Providers must use the Website interface to create website listings applying to their supply for purchase by Purchasers.

(c) Marketplace Accommodation Providers must ensure that:

(d) The following provisions will be incorporated into the contract for the supply of Accommodation Services by the Marketplace Accommodation Provider to the Purchaser:

(e) Marketplace Accommodation Providers undertake to comply with the agreed terms and conditions of supply.

6.5 Marketplace Commission

(a) Marketplace Accommodation Providers must pay to 1000 Tree the following commission in consideration of its marketplace platform services:

(b) In respect of commission payable to 1000 Trees by Marketplace Accommodation Providers:

(c) All amounts stated in these terms and conditions or on our Website are stated exclusive of GST, any value added taxes and sales taxes.

(d) We may vary our commissions from time to time by posting new commission rates on our Website, but this will not affect commissions for Accommodation Services that have been previously paid.

(e) We may vary commission rates from time to time by posting new rates on our Website, but this will not affect any liability to pay commission that accrues before the new rates are posted.

(f) You must pay to us the commissions in respect of our marketplace operator Website services in accordance with any instructions on our Website.

(g) If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

(h) If you owe 1000 Trees any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of our Website services to you.

(i)  We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

6.6 Intellectual property and your content

(a) In these terms and conditions:

“Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website;

“Intellectual Property” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, knowhow and other rights of a similar nature worldwide, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

“Moral Rights” means (a) a right of attribution of authorship; or (b) a right not to have the authorship falsely attributed; or (c) a right of integrity of authorship and rights of a similar nature anywhere in the world whether existing at the date of these Terms or which may come into existence after the commencement of these Terms.

(b) Marketplace Accommodation Provider warrants that in relation to any Content posted on this Website that the:

(c) You grant to 1000 Trees a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the Content in any existing or future media on and in relation to this Website and any successor Website.

(d) You grant to us the right to sub-license the rights licensed under section 6.6 (c).

(e) You grant to us the right to bring an action for infringement of the rights licensed under section 6.6 (c).

(f) You waive all your Moral Rights in the Content to the maximum extent permitted by any applicable law or otherwise grant to 1000 Trees a genuine consent to deal with any of the Moral Rights in the Content.

(g) We reserve but are not obliged to reject or amend any Content without notice and for any reason if 1000 Trees in its sole discretion considers any Content to be objectionable or in violation of these Terms including where 1000 Trees believes the Purchaser is infringing the rights of copyright holders.

(h) Without prejudice to our other rights under these Terms, if you breach any provision of these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may delete, unpublish or edit any or all of your content.

(i)  You may edit your content to the extent permitted using the editing functionality made available on our Website.

(j)  The Marketplace Accommodation Provider agrees to indemnify 1000 Trees against all liabilities, costs and expenses which 1000 Trees may incur as a result of any breach of this clause 6.6 by the Purchaser.

(k) The obligations accepted by the Purchaser under this clause 6.6 survive termination or expiry of these Terms.

6.7 Content rules

(a) You warrant and represent that your Content will comply with these Terms.
(b) 1000 Trees reserves the right to but is not obliged to reject any Content without notice and for any reason if 1000 Trees in its sole discretion considers any Content to be objectionable or in violation of these Terms including where 1000 Trees believes the Marketplace Accommodation Provider is infringing the rights of copyright holders.

(c) You must not advertise, buy, sell or supply through or in relation to our Website any supply that:

7. PURCHASER

7.1 Eligibility

(a) This section 7 applies to you if you are, or wish to be, a Purchaser of Accommodation Services from a Marketplace Accommodation Provider on the Website.

(b) To be eligible for an Purchaser account on our Website under this Section 7, you must be at least 18 years of age.

(c) You may register for a Purchaser Account with our Website by completing and submitting the account registration form on our Website, and clicking on the verification link in the email that the Website will send to you.

7.2 Prices

(a)  Our service is free of charge because the Marketplace Accommodation Provider pays a commission to us as a percentage of the purchase price of the Accommodation Services.

(b) The Purchaser acknowledges that the supply of the Accommodation Services will result in a commission payable to 1000 Trees by the Marketplace Accommodation Provider in consideration of the use of the Website.

7.3 Procedure for ordering Accommodation Services

(a) Prior to booking your reservation, a total estimated price (including estimated taxes, fees and other charges) will be displayed. All charges are shown in Australian dollars, unless otherwise stated.

(b) Prices and rates are subject to change based on availability and may change at any time prior to receipt and acceptance of your booking information.

(c) The listing may be at a price that combines the payment for the booking and the commission negotiated by 1000 Trees for providing the marketplace services. The price displayed may include the room rate, additional taxes, charges and other fees which will vary by service and location. The Marketplace Accommodation Provider reserves the right to charge you additional taxes, charges and other fees including hotel charges (including but not limited to parking fees, room charges, housekeeping fees, phone call charges, movie rentals and the like) payable by you at checkout.

(d) Purchasers may be required to provide their credit card details for the processing of payments for the purchase of Accommodation Services from Marketplace Accommodation Providers in accordance with the Terms.

7.4 Purchaser Rules
(a) The Purchaser can only use the Website and the Accommodation Services if the Purchaser can form a binding contract with the Marketplace Accommodation Provider and only in compliance with the Terms.
(b) The Purchaser must not attempt to obtain or solicit Accommodation Services from the Marketplace Accommodation Provider outside of the Terms for using the Website and the Accommodation Services, nor for any other purpose not reasonably intended by 1000 Trees.

(c) The Purchaser agrees 1000 Trees has no responsibility to review the accuracy or quality of any Content submitted by a Marketplace Accommodation Provider regardless of the nature of any such inaccuracies, errors or omissions and regardless of the impact that such errors or omissions may have on the delivery and performance of the Accommodation Services.

(d) The Purchaser must keep their Registration Data and contact information accurate and up-to- date.

7.5 Changes and Cancellations

(a) By making a reservation with a Marketplace Accommodation Provider, you accept and agree to the relevant cancellation and no-show policy of that hotel or resort, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation, including for other products and services offered by the hotel or resort during your stay.

(b) The cancellation and no-show policy of each Marketplace Accommodation Provider is made available on our Website, during the booking process and in the booking confirmation email.

(c) If you fail to check in to your hotel or resort on the day of your reservation and do not alert the hotel or resort, the remaining portion of your reservation may be cancelled, you may be subject to hotel-imposed penalties and you may not be entitled to a refund, depending on the terms and conditions of the applicable Marketplace Accommodation Provider.

(d) Please check booking terms thoroughly for any such conditions prior to making your bookings. If you would like to review, change or cancel your reservation, please review the confirmation email and follow the instructions in that email or contact us. Please note that you may be charged for your cancellation in accordance with the hotel’s or resort’s cancellation and no-show policy.

7.6 Refund Policy

Except as required by the Australian Consumer Law, 1000 Trees will only offer a refund if 1000 Trees is unable to facilitate the completion of the supply of the Accommodation Services between Members or if the Manager of 1000 Trees determines, in its absolute discretion, it is reasonable to do so.

8. LIMITED WARRANTIES AND LIABILITY

8.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our Website;

(b) that the material on the Website is up to date; or

(c) that the Website or any service on the Website will remain available.

8.2  We reserve the right to discontinue or alter any or all of the Accommodation Services on the Website, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Accommodation Services, or if we stop publishing the Website.

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) 1000 Trees will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Accommodation Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Our aggregate liability to you in respect of any contract to provide Accommodation Services to you under these terms and conditions shall not exceed the greater of the total amount paid and payable to us for providing our services.

(a) any losses arising out of any event or events beyond our reasonable control;

(b) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill;

(c) any loss or corruption of any data, database or software; and

(d) any special, indirect or consequential loss or damage.

9. INDEMNITY

10. BREACH

10.1 Without prejudice to our other rights under these terms and conditions, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(c) permanently prohibit you from accessing our Website;

(d) commence legal action against you, whether for breach of contract or otherwise; and/or

(e) delete your account on our Website.

10.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking.

11. TERMINATION

(a) providing 1000 Trees with 30 days’ calendar notice of your intention to terminate; and

(b) closing your account for all the services which you use, where 1000 Trees has made this option available to you.

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) 1000 Trees is required to do so by law;

(c) the provision of the Services to you by 1000 Trees is, in the opinion of 1000 Trees, no longer commercially viable.

12. DISPUTES

12.1  Members including Marketplace Accommodation Provider and Purchasers are solely responsible for interactions and disputes with each other Member.

12.2 1000 Trees reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of Members.

12.3 If a dispute arises out of or relates to the Terms as between 1000 Trees and a Marketplace Accommodation Provider or Purchaser, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

13. COPYRIGHT AND INTELLECTUAL PROPERTY

    • The works (‘Copyright Material’) in the Website, the Accommodation Services and all of the related products are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Accommodation Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled by 1000 Trees, or its Members.

14. THIRD PARTY WEBSITES

14.1 Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

14.2 We have no control over third party Websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. PRIVACY

15.1 In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).

15.2  If a Member obtains Personal Information in the course of supplying or purchasing Services under these Terms, the Member must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

 16. VARIATION

16.1   We may revise these Terms.

16.2 The revised Terms shall apply to the use of our Website from the date of publication of the revised Terms on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms.

17. ASSIGNMENT

17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

18. SEVERABILITY

18.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.

18.2 If any unlawful or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19. THIRD PARTY RIGHTS

19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

20. ENTIRE AGREEMENT

20.1 These Terms shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

21. LAW AND JURISDICTION

21.1 These terms and conditions shall be governed by and construed in accordance with Australian law.

21.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Australia.

22. OUR DETAILS

22.1 This Website is owned and operated by 1000 Trees Pty Ltd (ACN 617 870 685).

22.2 Our principal place of business is at 70/ 15-23 Lusty Street Wolli Creek 2205 NSW Sydney Australia .

22.3 You can contact us:

(a) [by post, using the postal address [given above]];

(b) [using our Website contact form];

(c) [by telephone, on [the contact number published on our Website from time to time]]; or

(d) [by email, using [the email address published on our Website from time to time]]