Welcome to our website. This website with URL address benhutchinsonlandscapes.com.au is owned and operated by Ben Hutchinson Landscapes, ABN 35 833 852 922.

The terms' us' or 'our' or 'we' refers to Ben Hutchinson Landscapes, the owner of the website, whose registered office is in Australia. The term 'you' or 'your' refers to the website user.

Ben Hutchinson Landscapes is a business that provides the following services and products:

• Landscape Design

• Landscape Construction 

• Construction of natural water features and ponds

• Information articles/blogs

Please read these Terms and Conditions carefully, as together with our Privacy Policy; it sets out your important rights and obligations in relation to:

1. the use of this website 

2. all services and products provided through this website.

Should you not agree with any of these terms and conditions, please do not use our website.

Terms and Conditions

1. Your use of this website is subject to the following terms and conditions:

   1. When you visit this website and use our services or purchase our products, you agree that you have read these Terms and all related documents and that you are willing to be bound by them. 

   2. The content of this website is for your general information and use only. It is subject to change without prior notice.

2. Variation

   1. We may update our terms and conditions from time to time, and the new provisions will apply from the date they are updated.

3. Disclaimer (General)

   1. Whilst every care is taken, Ben Hutchinson Landscapes does not provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. 

   2. The information available through this website site is provided for general interest purposes only. 

   3. You are solely responsible for any results you obtain as a result of using the information on this website.

   4. You acknowledge and agree that no information or advice provided by us, including that contained on this website, in any way constitutes technical advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website.

   5. This disclaimer applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of this website or the services found on this website.

4. Copyright, trademarks and other intellectual property

   1. Ben Hutchinson Landscapes owns the intellectual property rights in all of the content of this website or has permission to use or display the material on this website. 

   2. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website content in whole or in part except as expressly authorised by us. 

   3. Please email hello@benhutchinsonlandscapes.com.au if you require permission to reproduce any of the contents of this website.

   4. Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. 

   5. You must seek permission from the third party before using any of their content. The names of actual companies and products mentioned on this website may be the trademarks of their respective owners. 

5. Personal use only

   1. You may access, download, or print material from the website for your personal use only. 

   2. Sharing any intellectual property or copyright material from this website for commercial use of any sort without permission is expressly prohibited. 

   3. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.

   4. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our website content or our intellectual property.

6. No unlawful or prohibited use

   1. As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms and conditions. 

   2. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other person's use and enjoyment of this website. 

   3. You agree not to hack into areas of this website that are not intentionally made available to you.

   4. You expressly agree not to:

      1. engage in any internal or external spamming, or other similar actions

      2. engage in any unlawful or immoral acts, or acts that are in violation of these terms and conditions

      3. decompile, reverse engineer, or try to copy or imitate this website or underlying content

      4. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus or other malicious computer software.

      5. use data collected from the website for any direct marketing activity (including without limitation, email marketing, social media marketing, online marketing, SMS marketing, telemarketing, and direct mailing).

      6. use data collected from the website to contact individuals, companies or other persons or entities for marketing purposes. 

   5. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and not misleading.

7. Copyright infringement

   1. If you believe that there is material on our website that infringes third party intellectual property rights, please email hello@benhutchinsonlandscapes.com.au with sufficient information to enable us to determine who the owner of the intellectual property is and to remove it from the Ben Hutchinson Landscapes website if appropriate.

8. Cookies

   1. This website uses cookies to monitor browsing preferences. 

   2. By using our website or by agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

9. Third-party links

   1. This website may also, on occasion, include links to other websites which are not controlled by us. 

   2. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. 

   3. Third-party links on our website do not signify that we recommend or endorse the websites. 

   4. We have no control over the nature, content and availability of those websites.

10. Website security

    1. Ben Hutchinson Landscapes makes every effort to maintain the security of the Ben Hutchinson Landscapes website, including but not limited to encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content. 

    2. Ben Hutchinson Landscapes disclaims all liability for any computer virus or technological problems that we do not intentionally cause or that is beyond our control. You are advised to install and maintain up-to-date security software on your computer for your further protection.

    3. The Ben Hutchinson Landscapes website is managed by third-party services; therefore, the website may be inaccessible from time to time.

11. Limitation of Liability

    1. Ben Hutchinson Landscapes will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way, subject to the requirements of 

    2. Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

    3. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website. 

12. Indemnity

    1. You agree to indemnify and defend [Company] from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

       1. your unauthorised use of this website or products or services included or advertised on this website

       2. your breach of these Terms of Use.

13. Applicable law

    1. This agreement is governed by the laws of the State of Victoria and you consent to the exclusive jurisdiction and venue of courts within the State of Victoria, in all disputes arising out of or relating to the use of this website.

    2. You may provide notice to us through the contact us page or otherwise by email addressed hello@benhutchinsonlandscapes.com.au.  

    3. Ben Hutchinson Landscapes may provide notice to you via email or other electronic means. 

    4. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation, this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to stop using this website.

14. Relationship

    1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ben Hutchinson Landscapes as a result of this agreement or use of this website.

15. Validity

    1. If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.

    2. These terms and conditions, together with our Privacy Policy,  form the entire agreement between you and Ben Hutchinson Landscapes. 

16. Feedback, comments or complaints

    1. If you have any questions, please email hello@benhutchinsonlandscapes.com.au. We endeavour to respond to all inquiries within three business days.