Last Updated: January 2024
Welcome to Fresh Ponder. These Terms of Use ("Terms") govern your access to and use of our website fresh-ponder.com ("Website") and our ecological consulting services ("Services"). By accessing our Website or using our Services, you agree to be bound by these Terms.
By accessing or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Website or Services.
You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to:
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Fresh Ponder, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
The information provided on this Website about our ecological consulting services is for general informational purposes only. Specific services are provided subject to separate written agreements between Fresh Ponder and our clients.
All professional services are delivered in accordance with the terms set out in individual service agreements. The scope, timeline, and deliverables for each project are defined in those agreements.
We perform all services with reasonable care and skill in accordance with generally accepted industry standards and applicable professional codes of conduct.
Our reports and recommendations are based on the conditions observed at the time of assessment and the information available to us. Environmental conditions can change over time, and our findings represent a snapshot at a particular point in time.
THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRESH PONDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH PONDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESH PONDER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
You agree to defend, indemnify, and hold harmless Fresh Ponder, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Website.
These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to or use of the Website shall be instituted in the courts of Queensland, and you agree to submit to the jurisdiction of such courts.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Website.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Fresh Ponder concerning use of the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
If you have any questions about these Terms, please contact us:
Fresh Ponder
42 Greenway Terrace
Brisbane, QLD 4000
Australia
Email: [email protected]