Website terms
of use.

This website is operated by Rivercity Garden & Lawn Pty Ltd (trading as Rivercity Environmental) ("Rivercity", "we", "us", "our").

By accessing or using this website (the Site) you agree to be bound by these Website Terms of Use (Terms). If you do not agree, please do not use the Site.

These Terms govern your use of the Site only. Any services we provide to you are governed by a separate written agreement (a quote, scope of works, contract or purchase order). To the extent of any inconsistency between those agreements and these Terms, the separate agreement prevails for the relevant services.

The Site provides general information about Rivercity Environmental, our services, our team, our SEQ depots, our project work and ways to contact us. It also links to our Client Portal and Careers Portal which are operated by Rivercity (or its providers) under separate terms.

Information on the Site is provided for general information only. It is not professional, legal, environmental, arboricultural or horticultural advice and should not be relied on as a substitute for advice from a suitably qualified person assessing your specific site or circumstances.

You agree to use the Site lawfully, reasonably and in accordance with these Terms. In particular, you must not:

• use the Site to infringe any law, regulation, code of practice or third-party right;
• upload, post or transmit content that is unlawful, defamatory, threatening, harassing, obscene or misleading;
• attempt to gain unauthorised access to the Site, any related systems or other users’ accounts;
• introduce viruses, worms, malware, ransomware or other harmful code;
• interfere with or disrupt the operation, security or availability of the Site;
• use any automated means (including scrapers, bots, spiders or harvesters) to access, copy or index the Site without our prior written consent, other than reputable search-engine indexing;
• impersonate another person or misrepresent your affiliation with any person or organisation; or
• copy, reproduce, modify, distribute or publicly display content from the Site, except as expressly permitted under these Terms.

We may, at our discretion, restrict, suspend or terminate your access to the Site at any time without notice if we reasonably believe you have breached these Terms.

When you submit a form, request a quote, register interest in a role or otherwise send us information through the Site, you agree to:

• provide accurate, complete and current information;
• only submit information you are entitled to share (including any third-party contact details, with that person’s consent);
• not use the form to send unsolicited commercial communications or for any unlawful purpose.

Submitting a form does not create a contract for services and does not oblige us to provide any quote, proposal or service. Service contracts are formed only when documented and signed in writing.

How we handle the personal information you submit is described in our Privacy Policy.

The Site may contain links to third-party websites, services and resources, including:

• our Client Portal at portal.river-city.com.au;
• our Careers Portal at portal.river-city.com.au/apply.php;
• regulator and accreditation websites (such as the OAIC, QBCC and SAI Global);
• third-party tools and services we use (for example analytics, mapping or social media providers).

Linked sites are provided for convenience only. We are not responsible for the content, availability, security, privacy practices or terms of those sites and your use of them is at your own risk and subject to their terms. The inclusion of a link does not imply endorsement.

Unless otherwise indicated, all content on the Site — including the "Rivercity Environmental" name and logo, copy, photography, illustrations, icons, video, design elements, layout, source code and downloadable materials (the Content) — is owned by, or licensed to, Rivercity Garden & Lawn Pty Ltd and is protected by Australian and international intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Content for your personal, non-commercial use, or for legitimate internal business use related to a current or potential engagement with us.

Other than as expressly permitted by these Terms or by law, you must not copy, reproduce, republish, frame, modify, translate, sell, license, lease or distribute any Content without our prior written consent.

All other rights are reserved.

We make reasonable efforts to keep the Site accurate, secure and available. Despite this:

• information about our services, fleet, depots, accreditations, programs and team can change without notice;
• some content (such as project details and locations) may be summarised or sample-based;
• the Site may be unavailable from time to time for maintenance, upgrades, security updates or reasons outside our control.

We do not warrant that the Site or any Content is accurate, current, complete, fit for any particular purpose or free from errors, viruses or other harmful components.

To the maximum extent permitted by law, the Site and the Content are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability or uninterrupted access.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (the ACL) or other applicable law that cannot lawfully be excluded, restricted or modified.

Where our liability for a failure to comply with a non-excludable consumer guarantee under the ACL can be limited, our liability is limited (at our option) to: (a) re-supplying the relevant services; or (b) paying the cost of having the relevant services re-supplied.

To the maximum extent permitted by law and subject to the rights described in clause 08:

• we will not be liable for any loss, damage, cost or expense (including indirect, consequential, special or punitive loss, or loss of profits, revenue, data, business opportunity or goodwill) arising out of or in connection with your use of, or inability to use, the Site or any Content;
• our aggregate liability to you in connection with the Site (including any cause of action whether in contract, tort — including negligence — statute or otherwise) is limited to AUD $100;
• you assume all risk associated with your use of the Site, including the accuracy, completeness or usefulness of any Content.

Nothing in these Terms limits any liability that cannot lawfully be limited.

You agree to indemnify and hold us harmless against any losses, liabilities, costs or expenses (including reasonable legal costs) we incur or suffer as a direct result of:

• your breach of these Terms;
• your unlawful, fraudulent or negligent use of the Site; or
• your infringement of any third-party right, including intellectual property rights, in connection with your use of the Site.

This indemnity does not apply to the extent any loss is caused or contributed to by us or our personnel.

How we collect, use, store and disclose personal information through the Site is described in our Privacy Policy, which forms part of these Terms.

We may update these Terms from time to time to reflect changes in our business, technology or applicable law. The current version is always available on this page with an updated "Effective date". Your continued use of the Site after a change is published constitutes acceptance of the updated Terms.

If you do not agree to a change, you should stop using the Site.

If any part of these Terms is found to be invalid, illegal or unenforceable, that part will be severed and the remaining provisions will continue in full force and effect.

Any failure or delay by us to enforce a provision of these Terms is not a waiver of our rights, and a single or partial exercise of a right does not preclude any other exercise of that right.

These Terms are governed by the laws of the State of Queensland and the Commonwealth of Australia. You and Rivercity submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts.

For any question about these Terms or your use of the Site, please contact us:

• Rivercity Garden & Lawn Pty Ltd
• Post: 44 Export Drive, Molendinar QLD 4214
• Email: rivercity@rcgl.com.au
• Phone: 1300 600 400