These Terms of Service (Terms) govern your use of the services provided by Oleander Projects Pty Ltd (ACN 668 657 958) trading under HENRY (we, us, our). By accessing or using our website, app, or platform (Site), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Site.

Use of Site

1.1 You must use the Site in accordance with these Terms and any applicable laws. You must not use the Site for any unlawful purpose or in a way that infringes the rights of others.

1.2 You must not use the Site to upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

Registration and Accounts

2.1 To access certain features of the Site, you may be required to register an account. You must provide accurate and complete information when registering an account and keep this information up-to-date.

2.2 You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

Products and Services

3.1 We may offer products and services for sale on the Site. All purchases are subject to our acceptance, and we reserve the right to refuse any order.

3.2 Prices for products and services are subject to change without notice. We reserve the right to modify or discontinue any product or service at any time.

3.3 We aim to provide accurate descriptions of products and services on the Site. However, we do not warrant that the descriptions, prices, or other content on the Site are accurate, complete, reliable, current, or error-free.

Payments

4.1 All payments must be made through the payment methods specified on the Site. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site.

4.2 We use third-party payment processors to process payments. By making a purchase, you authorise us to charge your payment method for the total amount of your purchase, including any applicable taxes and fees. 

Returns and Refunds

5.1 Our returns and refunds policy is outlined on the Site. By making a purchase, you agree to our returns and refunds policy.

Intellectual Property

6.1 All content on the Site, including text, graphics, logos, images, and software, is the property of Oleander Projects Pty Ltd or its licensors and is protected by intellectual property laws.

6.2 You may access and use the content on the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content on the Site without our prior written consent. 

Privacy

7.1 Our Privacy Policy, which is available on the Site, explains how we collect, use, and disclose your personal information. By using the Site, you agree to our Privacy Policy.

Limitation of Liability

8.1 To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Site or any products or services purchased through the Site.

8.2 We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

Indemnification

9.1 You agree to indemnify, defend, and hold harmless Oleander Projects Pty Ltd, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in any way connected with your use of the Site or your violation of these Terms.

Governing Law

10.1 These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for the resolution of any disputes arising out of or relating to these Terms or your use of the Site.

Changes to Terms

11.1 We may modify these Terms at any time by posting the modified Terms on the Site. Your continued use of the Site after the posting of the modified Terms constitutes your acceptance of the changes. You should review these Terms periodically to stay informed of any changes. 

Termination

12.1 We may terminate or suspend your access to the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to our interests or the interests of another user or third party.

12.2 Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, intellectual property rights, warranty disclaimers, indemnity, and limitations of liability.

Effective 18 July 2024