TERMS AND CONDITIONS.

This website (our “Site”) is operated by Frank’s Plantorium Greens Rentals, owned and managed by Faster Pussycat Kill Kill Pty Ltd (ABN 35 074 037 157) (“Frank’s Plantorium”, “we”, “us”, “our”). Our Site is accessible at www.franksplantorium.com and may also be available through other addresses or channels.

This Site provides information about services offered by Frank’s Plantorium. All services provided by, or engaged with, Frank’s Plantorium are subject to our full Terms and Conditions, which govern the specifics of service engagement and are available here: Terms and Conditions.

WEBSITE TERMS OF USE

By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Our Privacy Policy, which also governs your visit to our Site, can be found here and is incorporated by reference into these Terms.

Please read these Terms of Use carefully. If you do not agree with any part of these Terms or our Privacy Policy, you must immediately cease all use of our Site.

Amendments
Frank’s Plantorium reserves the right to amend these Terms at its sole discretion from time to time. Any amendments will be effective immediately upon their publication on this Site. Your continued use of the Site following such publication will constitute your acceptance of, and agreement to be bound by, the amended Terms. We recommend that you review these Terms periodically to ensure you are aware of any changes.

Licence to Use Our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, and non-transferable licence to access and use our Site strictly in accordance with these Terms. This licence is for your personal, non-commercial use only, unless explicitly agreed otherwise by us in writing. All other uses are prohibited without our prior written consent.

Prohibited Conduct
You must not do, nor attempt to do, any of the following:

  • Act in any way that is unlawful or prohibited by any laws applicable to our Site;

  • Engage in conduct that we, in our sole discretion, deem inappropriate, or which could bring us or our Site into disrepute;

  • Breach an individual’s privacy (including, but not limited to, uploading private or personal information without an individual’s consent) or any other legal rights;

  • Use our Site to defame, harass, threaten, menace, stalk, or otherwise offend any person;

  • Interfere with any other user’s enjoyment of our Site;

  • Tamper with or modify our Site, knowingly transmit viruses, Trojan horses, worms, malicious software, or other technologically harmful material, or otherwise damage or interfere with our Site, or any connected network or system;

  • Use our Site to send unsolicited electronic messages (spam); or

  • Facilitate or assist a third party in doing any of the acts listed above.

Exclusion of Competitors
You are prohibited from using our Site, including its Content (as defined in Section 6 below), in any manner that competes with our business. If you are a competitor of Frank’s Plantorium, you must refrain from using our Site or its Content for any purpose without our explicit prior written consent.

Information and Content on Our Site
The content, including text, graphics, logos, images, and other materials available on our Site (“Content”), is not comprehensive and is provided for general informational purposes only. It does not take into account your specific needs, objectives, or circumstances, and should not be relied upon as advice (including, but not limited to, horticultural or design advice). While we use reasonable efforts to ensure the accuracy and completeness of the Content, we make no representations or warranties regarding it, to the fullest extent permitted by law. Before acting on or relying on any Content, you should conduct your own inquiries and seek independent professional advice relevant to your particular circumstances.

Intellectual Property Rights
Unless otherwise stated, Frank’s Plantorium owns or licences all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in and to our Site and all its Content. Your use of our Site and access to any Content does not grant or transfer to you any rights, title, or interest in relation to our Site or the Content.

You must not, without our prior written consent:

  • Copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any Content, in whole or in part, to any third party; or

  • Breach any intellectual property rights connected with our Site or the Content, including (without limitation) by:

    • Altering or modifying any of the Content;

    • Causing any of the Content to be framed or embedded in another website or platform; or

    • Creating derivative works from the Content.

Third-Party Sites
Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse, or approve these third-party sites, nor are we responsible for their content, accuracy, availability, or privacy practices. You should make your own investigations regarding the suitability of those sites. Your use of third-party websites is entirely at your own risk.

Discontinuance or Modification of Site
We reserve the right to, at any time and without notice to you, discontinue our Site, in whole or in part. We may also, at our sole discretion, modify the Site, its features, or its Content. We are not liable for any loss or damage you may suffer arising from or in connection with any such discontinuance, modification, or any exclusion of any person from using our Site.

Warranties and Disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  • The Site or Content is complete, accurate, reliable, up-to-date, or suitable for any particular purpose;

  • Access to the Site will be uninterrupted, error-free, or free from viruses or other harmful components; or

  • Our Site will be secure. You acknowledge that you read, use, and act upon our Site and the Content entirely at your own risk.

Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, Frank’s Plantorium (including its directors, officers, employees, agents, and contractors) will not be liable for any loss, damage, or expense, however arising, whether direct or indirect, and/or whether present, unascertained, future, or contingent (“Liability”), suffered by you or any third party, arising from or in connection with:

  • Your access to or use of our Site and/or the Content;

  • Any inability to access, interruption to, or outage of our Site;

  • Any loss or corruption of data; or

  • The fact that the Content is incorrect, incomplete, or out-of-date. This limitation of liability does not exclude or limit any rights or remedies you may have under the Australian Consumer Law that cannot be lawfully excluded or limited.

Indemnity
To the maximum extent permitted by law, you agree to indemnify Frank’s Plantorium, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent of other obligations under these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any Liability before enforcing this right of indemnity.

Termination
These Terms are effective until terminated by us. We may terminate these Terms and your access to our Site at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and all disclaimers and limitations of liability set out in these Terms will survive termination.

Disputes
In the event of any dispute arising from, or in connection with, these Terms (“Dispute”), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within seven (7) days after receiving the notice, the parties must, by their senior executives or managers (who have the authority to reach a resolution on behalf of the party), meet at least once (in person or by electronic means) to attempt to resolve the Dispute in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within twenty-one (21) days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation. Nothing in this clause will prevent a party from seeking urgent interlocutory relief.

Severance
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction and Governing Law
Your use of our Site and these Terms are governed by the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts, and you waive any right to object to proceedings being brought in those courts. Our Site may be accessed throughout Australia and overseas. We make no representation that our Site or its Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

Contact
If you have any questions about this Website or these Terms, please contact us at:
Frank’s Plantorium – ABN 35 074 037 157
Email: hello@franksplants.com.au
Phone: 02 9388 9704

Last update: June 2025