All of the material published on this web site is for information purposes only. The information on this site is current at the date of publication but may be subject to change. Whilst we have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefore. All information is subject to change without notice. We do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. We do not guarantee that this website or third party websites will be free from viruses.
Information contained on this website is intended as a guide only and customers are reminded that growth and performance is dependant on a wide range of conditions beyond our control and we make no guarantee as to the suitability of any cultivar for any specific use nor do we recommend any one cultivar in preference to another or claim to be an authority on any one cultivar. All information is believed to be correct and is the result of private inquiries and experiences and is given in good faith. We disclaim all liability for loss suffered as a result of reliance on the matters set out in this website.
We advise that the stock seen on this website is only available for purchase in Australia. Although we expect that stock shown on this website will be available, we cannot guarantee such availability.
IMPORTANT NOTICE TO INTENDING PURCHASERS OF NEW VARIETIES
Prior to ordering any variety of fruiting cultivar for commercial purposes you need to know of and accept the following:
- The cultivar that you wish to order may have been obtained from outside Australia and Fleming’s Nurseries Pty Ltd may not know how it will perform or whether it will succumb to any virus or disease. Fleming’s Nurseries Pty Ltd makes no representations about these matters.
- The cultivar and the understock on which it has been worked may not have been fully evaluated and consequently Fleming’s Nurseries Pty Ltd is not able to make any representations about the cultivar and the understock on which it has been worked, its performance, or in relation to any other matter at all.
- You acknowledge that you understand the risk which you take if you purchase a new variety and by placing an order you do so entirely at your own risk.
- Because the cultivar may not have been fully evaluated it may in the future succumb to viruses or disease or understock / scion incompatibility.
- If you purchase the cultivar for use in the course of your business, you are not a consumer for the purposes of Part 5 Division 2 of the Trade Practices Act. In which case you will not be entitled to protection as a consumer under Part 5 of Division 2 of the Trade Practices Act.
Links to Other Websites
References to other sites are provided as an information service only and should not necessarily be construed as an endorsement or approval. Conversely, omissions should not be construed as non-endorsement or disapproval.
Although every care is taken to provide links to suitable material from this site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.
Also, we are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time.
We do not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.
Limitation of Liability
Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defense or settlement claims) whatsoever arising out of or referable to material on this website or to material on the website of a third party whether in contract, tort including negligence, statute or otherwise.
Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to:
(a) the supply of the goods or services again;
(b) the repair of the goods; or
(c) the payment of the cost of having the goods or services supplied again or repaired.
Intellectual Property Rights Notice
We assert copyright and all other intellectual property rights in this web page and code used to create it, unless otherwise stated. All trade marks which appear on this web page are our property and are indicated by the appropriate symbol.
We also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site. Users of this web site may download a single copy of these documents and images for their personal use only.
Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any from by any process, including electronic form, without our express permission.
We own or are licensed to use the trade marks which appear on this website.
We are the owner of copyright in the library code used to create this website.
Withdrawal and Suspension of Service
We may withdraw completely, or suspend for a period of time, this website, or access to it for any reason including without limitation:
(a) if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
(c) if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
Goods and Services Tax
Contacting the Website
Fleming’s Nurseries Pty Ltd
PO Box 1
MONBULK VIC AUSTRALIA
Collection of personal information
When you engage in certain activities on this site, we may ask you to provide certain information about yourself on a voluntary basis by filling out and submitting an online form or by completing the registration process contained within this website. We collect this information in order to record and support your participation in the activities you select. It is entirely optional for you to engage in these activities. If you do elect to engage in these activities, certain information required may include your name, postal address, email address and other personal identifying information.
We also use the information that you provide as part of our effort to keep you informed about product upgrades, special offers, and our other products and services and to help make our site, products and services more useful to you. We recognise and appreciate the importance of responsible use of this information. If you do not want the information that you provide to us to be used to inform you of other products and special offers from us and you indicate this preference when you provide the information to us, we will honour your preference.
We do not sell, lease or in any other way provide personally-identifying information to any other company, person or agency.
The information collected by us will generally include your email address. We will not use this email address to forward you information relating to our products and services unless:
(a) you have requested this information (by selecting the relevant option on the website); or
(b) the information is provided as part of any ongoing discussions between us and you in relation to our products and services.
You may at any time opt out of receiving any information you have previously requested that we provide to you by following the procedures for opting out set out on the website. If you have any problems with opting out of any ongoing information service provided by us, please send an email to email@example.com.
Reviewing, updating or deleting your information
If you wish to review, update or delete any information maintained by us about you, you may, where this information is made available to you by the website, directly update that information. In all other circumstances, please send an email to firstname.lastname@example.org and we will provide you with full details as to all information we maintain in relation to you. We will also comply with any directions to update or delete any or all information.
Protection of information
When capturing customer data, it is passed through a secure server using encryption technology to ensure that your information is being protected when being sent over the Internet.
Further, all stored customer information is protected from unauthorised access through the use of secure passwords and user log-ons or other security procedures.
This site has security measures in place to avoid the loss, misuse and alteration of information under our control. We will protect any information we have concerning you in the same manner as we protect all our other confidential information.
You should always close your browser and log out when you have finished surfing the net, to prevent others from accessing your personal information and correspondence. Beware of posting personal information in publicly accessible online forums, such as chat rooms. If you voluntarily disclose personal information it may be collected and used by others.
Third party sites
This website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites and cannot control, the use of information that you may provide to any other website, even if you have access to that site via this website.
This website is not intended for children and we ask that users under the age of 18 not submit any personal information to us. If you are under the age of 18, you may use this site only in conjunction with a parent or guardian.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THIS SITE. We reserve the right at our discretion to change, modify, add or remove portions of this Policy at any time. Any changes will be posted on the site. Please check this page from time to time for changes.