Conditions of Use

Last updated on 19 December 2024.

Welcome to IrriFinder.com.au (the "IrriFinder Australia Store") and IrriFinder.com (the “IrriFinder International Store”)

IrriFinder Pty Ltd (ABN 14 681 483 652) and its affiliates ("IrriFinder") provide website features and other products and services to you when you visit or shop the IrriFinder Australia Store at IrriFinder.com.au or IrriFinder International Store at IrriFinder.com (the "website"), use IrriFinder products or services, use IrriFinder applications for mobile, or use software provided by IrriFinder in connection with any of the foregoing (collectively "IrriFinder Services"). The IrriFinder Services include the information, content, materials, products, and software included on or otherwise made available to you through the IrriFinder Services and references to the IrriFinder Services in these Conditions of Use & Sale include any or all of these. IrriFinder provides the IrriFinder Services and allows third-party sellers to sell their products to you subject to the conditions set out on this page.

The Australian Consumer Law

Australian consumers have certain rights under the Australian Consumer Law ("ACL"). These Conditions of Use and Sale are not intended to affect your rights as an Australian consumer under the ACL.

Conditions of Use

Please read these conditions carefully before using IrriFinder Services. By using IrriFinder Services, you agree on behalf of yourself and all members of your household and others who use any IrriFinder Service under your IrriFinder Account, to be bound by these conditions. We offer a wide range of IrriFinder Services, and sometimes additional terms may apply. When you use an IrriFinder Service, you will also be subject to the terms and conditions and policies applicable to that IrriFinder Service ("Service Terms"). Our legal pages contain other important information relating to your use of the IrriFinder Services. If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. PRIVACY

Please review our Privacy Notice to understand how we collect and process your personal information through IrriFinder Services.

2. ELECTRONIC COMMUNICATIONS

When you use any IrriFinder Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other IrriFinder Services, such as our Message Centre. You consent to receive communications from us electronically and agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT AND OTHER RIGHTS

All content included in or made available through any IrriFinder Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of IrriFinder or its content suppliers and is protected by Australian and international copyright and authors' rights laws and (where applicable) database right laws.

Other than to the extent necessary to use any IrriFinder Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilise any content of any IrriFinder Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any IrriFinder Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any IrriFinder Service or its content without our express written consent.

4. TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any IrriFinder Service are trademarks or trade dress of IrriFinder. IrriFinder's trademarks and trade dress may not be used in connection with any product or service that is not IrriFinder's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits IrriFinder. All other trademarks not owned by IrriFinder that appear in any IrriFinder Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IrriFinder. You may not frame or use framing techniques to enclose any trademark or logo (including images and text) of IrriFinder without our express written consent. You may not use any meta tags or any other "hidden text" utilising IrriFinder's names or trademarks without our express written consent.

5. RIGHTS OF ACCESS AND USE

IrriFinder or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and make personal and non-commercial use of the IrriFinder Services. The right granted to you does not include any license or permission to use the IrriFinder Service or any part thereof for the benefit of any third party, or to resell or make any commercial or derivative use of any IrriFinder Service or any part thereof.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by IrriFinder or its licensors, suppliers, publishers, rights holders, or other content providers.

You may not misuse the IrriFinder Services. You may use the IrriFinder Services only as permitted by the relevant Service Terms and in accordance with law. Without limiting any other rights, we have at law and under these Conditions of Use or the relevant Service Terms, the access and use rights granted by IrriFinder under these Conditions of Use terminate if you do not comply with this Section 5.

6. YOUR IRRIFINDER ACCOUNT

For the purposes of these Conditions of Use, your IrriFinder Account means the account you use to access and/or use the IrriFinder Store or any IrriFinder Service.

You may need your own IrriFinder Account to use certain IrriFinder Services, and you may be required to be logged into your IrriFinder Account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your IrriFinder Account. Click here to manage your payment options or otherwise follow the process outlined in the applicable Service Terms.

You are responsible for maintaining the confidentiality of your IrriFinder Account and password. Except to the extent caused by our breach of these Conditions of Use, you are responsible for all activities that occur under your IrriFinder Account regardless of whether the activities are authorised by you or undertaken by you, and we are not responsible for unauthorised access to or use of your password or IrriFinder Account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorised manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Your Account area of the website or as outlined in the applicable Service Terms.

You may not use any IrriFinder Service: (i) in any way that causes, or is likely to cause, any IrriFinder Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an IrriFinder Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.

If we have concerns with your IrriFinder Account, or activity relating to your IrriFinder Account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action, including without limitation by (i) restricting, suspending, terminating or refusing any IrriFinder Service; (ii) suspending or restricting access to your IrriFinder Account; (iii) terminating your IrriFinder Account; or (iv) removing or editing content you post using your IrriFinder Account. The action we elect to take and any notice you may receive, and any opportunity to rectify will vary depending on the IrriFinder Service, the circumstances and our reasonable assessment of relevant factors. Any action taken in accordance with (i)-(iv) above may, result in suspension or termination of other IrriFinder Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each IrriFinder Service, cease using any IrriFinder Service, terminate your account or the IrriFinder Service, or remove or edit certain content and material you post (each as permitted by that IrriFinder Service).

7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

You may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) IrriFinder a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) IrriFinder, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to cooperate and assist IrriFinder to perfect any of the above rights granted by you to IrriFinder, at our request.

You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws.

You agree to indemnify IrriFinder for all claims brought by a third party against IrriFinder arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.

8. INTELLECTUAL PROPERTY CLAIMS

IrriFinder respects the intellectual property of others. If you believe that an item or information on any IrriFinder Service infringes your intellectual property rights, please follow our Notice and Procedure for Making Claims of Right Infringements.

9. SANCTIONS AND EXPORT POLICY

You may not use any IrriFinder Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using IrriFinder Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

10. IRRIFINDER SOFTWARE TERMS

In addition to these Conditions of Use, the terms found here ("Software Terms") apply to any software (and any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with IrriFinder Services (the "IrriFinder Software").

11. OTHER BUSINESSES

Parties other than IrriFinder operate stores, provide services, or sell products on this website and we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or accept any responsibility or liability for the actions or offerings of, any other party or the content of their websites. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

12. IRRIFINDER'S ROLE

IrriFinder allows third party sellers to list and sell their products on the IrriFinder Store. The relevant seller is indicated on the respective product detail page. While IrriFinder helps facilitate transactions that are carried out on the IrriFinder Store, IrriFinder is neither the buyer nor the seller of the seller's items. IrriFinder provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between the buyer and seller. IrriFinder is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The buyer satisfies their obligations to the seller when IrriFinder receives sale proceeds after the buyer pays directly to the seller. The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

Because IrriFinder wants the buyer to have a safer buying experience, IrriFinder provides to the buyer the IrriFinder Buyer Protection in addition to any contractual or other rights or remedies that the buyer may have against the seller or any other party.

13. DISCLAIMER AND LIABILITY

Unless otherwise specified in these Conditions of Use or IrriFinder Service Terms, IrriFinder disclaims, and does not make, any representation or warranty of any kind in respect of the IrriFinder Services including without limitation any representation or warranty (i) that they are free of viruses or other harmful components; (ii) that your use of the IrriFinder Services will be uninterrupted or error-free; or (iii) as to the suitability or availability of the IrriFinder Services.

IrriFinder will not be responsible for: (i) losses arising from the unavailability of, or your inability to use any IrriFinder Services , (ii) losses that are not directly caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses including but not limited to losses arising out of the cost of replacement, or recovery or recoupment of any investment made by you in connection with these Conditions of Use or any IrriFinder Service, even if IrriFinder has been advised of the possibility of such costs or damages; and (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. For any other loss relating to an IrriFinder Services, we limit our liability to the amount you have paid to us for the relevant IrriFinder Service.

Nothing in these Conditions of Use or the applicable Service Terms is intended to: (i) override any express commitments IrriFinder gives to you for particular IrriFinder Services (for example, commitments IrriFinder gives to provide a refund of fees in certain circumstances); (ii) exclude, restrict or modify any right or remedy you have in statute including under the Australian Consumer Law or otherwise to the extent that that right or remedy cannot be excluded, restricted or modified under law; (iii) limit or exclude our liability to you for losses, to the extent such loss is caused by our gross negligence or criminal conduct; or (iv) require any indemnity you provide to us under these Conditions of Use or any applicable Service Terms to extend to losses to the extent caused by our gross negligence or criminal conduct. Any disclaimer, exclusion, or limitation in these conditions applies as provided for in these conditions to the full extent permitted by law and subject to any such non-excludable right or remedy.

14. APPLICABLE LAW

The laws of Queensland govern these Conditions of Use and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Conditions of Use will only be adjudicated in the courts of Queensland Australia. Each party consents to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Conditions of Use. If you would like to bring a matter to our attention, please contact us.

15. IRRIFINDER SERVICES

We reserve the right to cease providing any IrriFinder Service, or any part thereof, to discontinue any IrriFinder Service and to make changes to any IrriFinder Services, including adding or removing content from IrriFinder Services at any time. Where we make a materially adverse change to an IrriFinder Service, as reasonably determined by us, we will provide advance notice to you. Your access to IrriFinder Services may be suspended or restricted without notice in accordance with these Conditions of Use and the applicable Service Terms, including, without limitation, for legal, regulatory, fraud and abuse prevention or security reasons and as reasonably necessary for our business operations, including without limitation to allow for repairs, maintenance or the introduction of new features or services.

16. AMENDMENTS

We reserve the right to make changes to any Conditions of Use and Service Terms at any time by posting the changes on IrriFinder.com.au, or such other website or application that is used to provide the IrriFinder Services. Where we make a materially adverse change to these Conditions of Use or any applicable Service Terms, as reasonably determined by us, IrriFinder will provide advance notice to you.

You will be subject to the Conditions of Use and Service Terms made available on the relevant website or application at the time that you use the IrriFinder Services. You may at any time, cease using any IrriFinder Services, terminate your IrriFinder Account or the relevant IrriFinder Service (in accordance with Section 6) including in the event of any such change.

17 . SEVERABILITY

If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

18 . WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

19 . CHILDREN

We do not sell products for purchase by children. If you are under 18 you may use the IrriFinder Services only with the involvement of a parent or guardian.

20 . OUR CONTACT DETAILS

For general inquiries: Contact us

Address for service of notices for IrriFinder Pty Ltd:

Legal Department

IrriFinder Pty Ltd

12/49 Jijaws Street

Sumner QLD 4074

Contact information relating to other IrriFinder Services or the Affiliate that provides the Service may differ and can be found in the relevant Service Terms.

21 . NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHTS INFRINGEMENTS

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to IrriFinder the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify IrriFinder for all claims brought by a third party against IrriFinder arising out of or in connection with the submission of a Notice Form.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on the IrriFinder Australia or IrriFinder International Stores and are posted solely at the direction of Third-Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to IrriFinder may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

22. ONLINE SAFETY

You can report concerns with products for sale on the IrriFinder Australia or IrriFinder International Stores, including content that may violate Australian law by using the "report a product" tool available on the product detail page for each listing on the IrriFinder Australia or IrriFinder International Stores. By using IrriFinder Community features, you agree to IrriFinder's Community Guidelines.

23 . ADDITIONAL IRRIFINDER SOFTWARE TERMS

1. Use of the IrriFinder Software.You may use IrriFinder Software solely to use and enjoy the IrriFinder Services as provided by IrriFinder, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the IrriFinder Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the IrriFinder Software or otherwise assign any rights to the IrriFinder Software in whole or in part. You may not use the IrriFinder Software for any illegal purpose. We may cease providing any IrriFinder Software and we may terminate your right to use any IrriFinder Software at any time. Your rights to use the IrriFinder Software may be terminated without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third-party terms contained within or distributed with certain IrriFinder Software that are specifically identified in related documentation may apply to that IrriFinder Software (or software incorporated with the IrriFinder Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any IrriFinder Service is the property of IrriFinder or its software suppliers and protected by applicable laws protecting copyright and other intellectual property rights.
2. Use of Third-Party Services.When you use the IrriFinder Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering.Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, otherwise tamper with, or bypass any security associated with the IrriFinder Software, whether in whole or in part, or create any derivative works from or of the IrriFinder Software.
4. Updates.In order to keep the IrriFinder Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

Conditions of Sale

As IrriFinder do not sell any products to you, these Conditions of Sale govern the sale of products on IrriFinder.com.au or IrriFinder.com by the third-party sellers to you. Therefore, please review the third-party seller’s Conditions of Sale terms before purchasing a product.

Please read these conditions carefully before placing an order for products sold by a third-party seller on the IrriFinder AU or International Stores. By placing an order, you agree on behalf of yourself and all members of your household and others who use your IrriFinder Account, to be bound by these conditions.

All the items offered on the IrriFinder.com.au or IrriFinder.com are sold and fulfilled directly by third-party sellers who take the payments directly and also handle customer service. Since IrriFinder isn't directly involved in the completion of that sale arranged with the third-party seller, you'll need to contact the seller directly for the following issues:

• Check on your order or shipment status
• Cancel an order and receive a refund.
• Return an order.

If a dispute arises between you and a third-party seller, and you can't reach an agreement with them, the IrriFinder Buyer Protection may be available to you. For more information, go to IrriFinder Buyer Protection.

Note:

• When an order is placed with a seller, orders can typically be cancelled before they enter fulfilment stage, typically within one business day. You can cancel the order from Your Orders.

Once an order is in fulfilment stage, the order cancellation might not be possible and is subject to the seller's approval, which typically happens within one business day. You can check the status of your order by visiting Your Orders.

• Sellers work to ensure that stock is on hand for delivery, but occasionally a listed item will no longer be available by the time an order is placed. If a seller is unable to deliver your item, they should refund you promptly so that you can place a new order. While stock-outs can happen, we do require sellers to keep these to a minimum. Please understand that in some cases the out-of-stock item might no longer be available at the listed price.
• Sellers set their own prices for the items they sell on IrriFinder.com.au or IrriFinder.com. Prices for similar or identical items from other sellers can vary.

 

1. OUR CONTRACT

In addition to Section 12 the Conditions of Use, these Conditions of Sale apply to any products sold by, and any transaction between you and a third-party seller on the IrriFinder Australia or IrriFinder International Stores.

With respect to products sold by IrriFinder AU or IrriFinder International Stores, your order is an offer to a third-party seller for you to buy the product(s) in your order. When you place an order to purchase the product(s) from any suppliers selling on the IrriFinder Stores, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Receipt"). If you are using certain IrriFinder Services (e.g. IrriFinder mobile applications) the Order Receipt may be posted on a Message Centre on the website. The Order Receipt is acknowledgement that we have received your order, and forwarded to the third-party seller but does not confirm the third-party seller’s acceptance of your offer to buy the product(s) ordered. The third-party seller only accepts your offer, and concludes the contract of sale for a product ordered by you, when the third-party seller dispatches the product(s) to you and we send e-mail or post a message on the Message Centre of the website confirming that the third-party seller has dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between the third-party seller for the product(s) specified in that Dispatch Confirmation. Your contract of sale is with the third-party seller that you must read from the product details page before placing your order through IrriFinder Store.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the website. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please directly contact with your third-party seller.

2. CANCELLATION AND RETURNS POLICIES

Unless one of the exceptions listed below applies, you can cancel your order for a product at no cost any time before we send the Shipment Confirmation relating to that product.

You may submit your cancellation request to your third-party seller using the Your Orders section of the website. Please refer to the third-party seller’s cancellation and returns policies before placing your order through IrriFinder Stores.

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

• the supply of goods made to your specifications or clearly personalized;
• the supply of goods which may deteriorate or expire rapidly;
• a service if IrriFinder has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
• the supply of digital content (including apps, digital software, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) once download or use (whichever is earlier) has begun; and

CHANGE OF MIND RETURNS POLICY

You may return most new, unopened items within 30 days of receipt of delivery for a full refund of the purchase cost of the item. Please see your third-party seller’s Change of Mind Return Policy for more details.

STATUTORY RIGHTS AND REMEDIES

The third-party seller’s cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the Australian Consumer Law. Please see their Returning Faulty Items Policy for more information.

3. PRICING AND AVAILABILITY

The third-party seller may choose to set prices that are inclusive or exclusive of GST. If the price is set for an item, it will also indicate that if the price is inclusive or exclusive of GST. Alternatively, the third-party seller may list items with “Request a Quote” option for tailored pricing.

The third-party seller may list availability information for products sold by them on each product information page. Beyond what the third-party seller says on that page or otherwise on the website, we cannot be more specific about availability. As the third-party-seller processes your order, they will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the third-party seller has made a mistake and mispriced a product, and the product's correct price is higher than the price on the website, the third-party seller may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order.

4. DELIVERY TIMES

Unless otherwise stated on IrriFinder.com.au or IrriFinder.com, and subject to your rights in section 8, delivery estimates and dates are just estimates. They are not guaranteed delivery times and should not be relied upon as such. Where estimated delivery times apply, you are still entitled have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, you may cancel your order at any time prior to dispatch in accordance with Section 2. We and the third-party seller are otherwise not liable to you for late deliveries.

5. PRODUCT INFORMATION

Unless expressly indicated otherwise, IrriFinder is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, products and any product packaging and materials may be different from that displayed on our website. All information about the products on our website is provided for information purposes only and our sole liability in the event any incorrect product information will be to accept a return of the product in accordance with the third-party seller’s change of mind return policies and your statutory rights. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

In the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product, contact the manufacturer, or report the concern to us .

IrriFinder accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

6. CUSTOMS

When ordering products from IrriFinder for delivery outside of your residence country you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from IrriFinder for delivery outside of your residence country, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

7. SANCTIONS AND EXPORT POLICY

You may not use any IrriFinder Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using IrriFinder Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including IrriFinder Software), technology, and services.

8. DISCLAIMER AND LIABILITY

Unless otherwise stated in writing, IrriFinder disclaims, and does not make, any representation or warranty of any kind in respect of any product offered on the website or that you may order from the third-party sellers. IrriFinder will not be responsible for: (i) any loss arising from the unavailability of any product; (ii) losses that were not caused by any breach on our part; (iii) any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure; (iv) any indirect or consequential losses, including but not limited to losses arising out of the cost of replacement, or recovery or recoupment of any investment made by you in connection with these Conditions of Sale, even if IrriFinder has been advised of the possibility of such costs or damages; and (v) any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This Section 8 does not affect your rights under Section 4.

Unless otherwise stated in writing, IrriFinder is not liable to you for any loss arising from or relating to the offer or sale of any product by the third-party seller on the website. Please check the third-party sellers Conditions of Sale policy for their liability limitations before placing an order from them.

Nothing in these Conditions of Sale is intended to: (i) exclude, restrict or modify any non-excludable right or remedy you have under law including the Australian Consumer Law; or (ii) limit or exclude our liability to you for losses, to the extent such loss is caused by our gross negligence or criminal conduct. Any disclaimer, exclusion, or limitation as provided for in these conditions applies to the full extent permitted by law and subject to any non-excludable right or remedy.

9. APPLICABLE LAW

The laws of Queensland govern these Conditions of Sale and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these Conditions of Sale will only be adjudicated in the courts of Queensland Australia. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party's, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention on Contracts for the International Sale of Goods, and any local laws implementing the Convention on Contracts for the International Sale of Goods, do not apply to these Conditions of Sale. If you would like to bring a matter to our attention, please contact us .

10. AMENDMENTS

We reserve the right to make changes to these Conditions of Sale, and our listings at any time by posting the changes on IrriFinder.com.au or IrriFinder.com. You will be subject to the Conditions of Sale available on the site at the time that you order products from the website.

11. SEVERABILITY

If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

13. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may only use IrriFinder.com.au or IrriFinder.com with the involvement of a parent or guardian.

14. OUR CONTACT DETAILS

Our contact details are:

For general inquiries: Contact us

Address for service of notices for IrriFinder Pty Ltd:

Legal Department

IrriFinder Pty Ltd

12/49 Jijaws Street

Sumner QLD 4074