Terms & Conditions
The following Terms
and Conditions (“Terms”) between you as a Garden Host (“host”, “you” or “your”), and Sydney Edible Garden Trail (“we,” “our,”
“us,” , “trail” or “SEGT”) describes the terms and conditions on which you may
use and access the SEGT website via Sydneyediblegardentrail.com (the “Site” or
“website”), content including text, images, or any other media on the Site or
elsewhere (“Content”), and services including visiting gardens (together with
the Site, Products, and Content, the “Services”). By using any of the Services,
you acknowledge that you have read, understood and agreed to be bound by these
Terms, and other content and agreements governing your use of the Services,
GARDEN HOST Participation
Without the valuable
contribution of our garden hosts, who are all volunteering their time and
generously opening their garden to the public, this wonderful initiative would
not be possible.
SEGT is a celebration of the many ways that Sydney residents are creating food
security, saving money and the environment, while enjoying the health benefits
of home grown fruit and vegetables. The trail organisers and volunteers are
edible gardeners too, so we all know how rewarding and beneficial edible
gardening can be! The open garden range in sizes and types and this is just the
way we want it. We want the trail to be about showing people the different ways
they can incorporate edible gardening in their lives, whether that be in their
own balcony, verge, backyard, community or through school gardens. So please
don’t be nervous about opening your garden, there is no such thing as a perfect
garden. What is more important is the sharing of information and spreading your
passion for edible gardening. With your help, our aim is to encourage and
inspire everyone in Sydney to embrace edible gardening.
is a community not-for-profit event with profits from ticket sales donated to
participating local school and community edible gardens.
trail is also about showcasing sustainable practices such as mulching for water
conservation, recycling, composting to increase soil fertility and reduce
landfill, planting to encourage bees, home food production to increase food
security, and organic growing techniques to reduce chemical use.
By participating, you agree to focus any activities
around these sustainable practices.
By registering as a participant
garden host in the SEGT you acknowledge that you have read and understood these
Terms and Conditions as may be amended from time to time, and agree to be
bound by the same.
We may amend these
Terms and Conditions from time to time, but when we do, we will use our best
efforts to notify you, which may be by placing the updated Terms and Conditions
on our website or emailing you to the email address on your account with us. The
latest version is available on our Site: www.sydneyediblegardentrail.com.
Your continued participation in the SEGT event is deemed acceptance of any
amended Terms and Conditions unless you notify us otherwise. If you do not
agree to any changes to these Terms and Conditions then you may terminate
your use of the website and/or participation in the SEGT event at any time by
providing us with a written notice. Please allow up to ten (10) business days
for us to action.
We may alter the date
of the SEGT event for any reason on written notice to you. We will not be
liable to you for any loss or claims arising from or in connection with a
change of the date of the SEGT event. The SEGT event will operate in all
types of weather unless we consider that the SEGT event should be cancelled. You
accept the risk of bad weather or other disruptions.
To be entitled to
register and participate as a host in the Event, you agree that you meet the
following criteria and you represent and warrant that:
- you are 18 years of age or
older and able to enter into contracts voluntarily
- the information in your
registration form is true, correct and accurate
- you are not currently
prohibited from being an active participant
- you are not a competitor to us
and are not using the SEGT event for reasons that could compete with our event
- you have full power and
authority to enter into these Terms and Conditions and doing so will not
violate any other agreement to which you are a party
- will not use the website and
participate in the SEGT event in any manner outside of these Terms and
- you own and have the right and
authority to open your garden.
SEGT reserves the
right to decline your registration or remove your garden from participating on
the trail, at our discretion. We will let you know in writing if your
registration is declined or if we have removed your garden.
In participating as a
garden host in the SEGT event you must, represent and warrant that:
- you own or have been granted
the right to use or occupy the premises from which you will open your garden to
the public, as listed on the website during the SEGT event, whether that
property is private or public property
- your opening of the garden to
the public and participating in the SEGT event does not breach any agreement
that you may have with a third party or infringe any third party rights with
respect to the Premises
- you acknowledge that the Local
Governmental Authority and/or Council area where the Premises is situated
may not permit you to open a garden on Public property or their land. If you
intend to open a garden to the public on such public property you are solely
responsible for seeking permission from the relevant Local Governmental
Authority and/or Council and you agree that we are not responsible or liable
for your failure to do so.
- it is your responsibility to be
familiar with and comply with all applicable Local, State and Federal laws,
regulations, rules and ordinances, including, without limitation:
- privacy laws, intellectual property laws, anti-discrimination laws
and related regulatory requirements
- any laws and all laws relating to the use of pesticides
- the Australian Consumer Law (as set out in Schedule 2 of the Competition
and Consumer Act 2010 (Cth), including but not limited to the obligations relating
to consumer guarantees
- Local Council regulations relating to rules regarding the supply of
produce and/or food items from private and public property
- all laws, regulations and codes relating to food handling, food
safety and food labelling to the extent that you offer Goods for sale or sample
- you will comply with notices
sent by us concerning the SEGT event, whether such notices are delivered to you
directly (via electronic means or otherwise) or via a general circular to active
participants on the website or on our social media platforms (to the extent
that you are a user of our social media platforms)
- the produce grown in the garden
or the goods are not illegal or banned under any local, state or federal
- you will keep noise to a
minimum during, leading up to and packing up after the SEGT event
- you will not cause unnecessary
disruption or nuisance to any third party
- you have sought and obtained
all relevant authority or permissions (including from any Local Council,
landlord or strata body corporate) with respect to using the premises to
display your garden and if you wish to do so obtain all relevant approvals, or
permissions to sell any produce from your garden or anything made from the SEGT
event (including the offer of free samples)
- you will keep your garden open
for the duration of the hours set out in your registration form, which must be
within the SEGT event dates and hours. Any changes to this must be made in
writing no less than one week prior to the event.
You will not in
relation to the SEGT event:
- be false, inaccurate, misleading
or deceptive to any person
- act dishonestly or
- violate any applicable law, statute,
ordinance or regulation
- do anything that may create any
liability for us or cause us to suffer loss of any nature in connection with
the SEGT event
- duplicate, license, sublicense,
publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or
otherwise transfer information in connection with our Intellectual Property
Rights including but not limited to on the website or in any SEGT event materials
except as permitted in these Terms and Conditions or as expressly authorised by
us in writing
- sell any alcohol to any person
during the SEGT event
- consume any alcohol
- engage in any action that
directly or indirectly interferes with or disrupts the proper working of the website
and/or the SEGT event, including but not limited to unsolicited communications to
other active participants
- use our brand, logos,
trademarks and any other intellectual property except as expressly permitted or
provided by us in writing prior to such use
If you wish to offer for sale (including by
offering free samples to the public) any Goods, you make the following
warranties and representations:
of businesses or sales of Goods must be alignment with our aims of encouraging
sustainable edible gardening, e.g. wicking beds, worm farming, native bee
keeping, weed foraging, selling of surplus crops, seedlings etc. If you are
unsure, please contact SEGT before proceeding.
- Selling of prepared food and
drinks is not covered by our insurance. You are responsible for complying with
the NSW Food Act 2003, Food Standards Code and all food safety, handling and
labelling laws, regulations and guidelines, and for holding your own insurance
coverage for the selling of food;
- you hold all necessary
licenses, permits, permissions and approvals to sell the Goods;
- if applicable by law, you have
registered your details with the NSW Food Authority and have read the Food
Handling Guide to ensure they comply with the NSW Food Authority Food Handling
Guidelines for Temporary Events and Temporary Events and Food Standards and
You acknowledge and agree that we are not a
supplier of your Goods and that we provide the event and the public to connect
and to encourage more Australians to start growing their own food in
communities across the nation. Our responsibilities are limited to facilitating
the event. We will not promote your
Goods in any way on any social media or online websites, unless you are an
official sponsor. You are solely responsible for and assume all liability in
connection with the terms of any contract that you enter into with a third
party, before, during or after the event, relating to the Goods. For the
avoidance of doubt, we do not assume any involvement in, responsibility or
liability for any loss or claims in relation to such contracts.
We do not make any warranty or representation
in respect of the Goods you sell at the event (which includes the offer of free
samples), including without limitation, in relation to the Good’s suitability,
quality, fitness for purpose, safety or legality of the Goods.
How we will
support you as a Garden Host
The team at SEGT are
here to support you. We’ll provide you with direction and documents to
assist you in opening your garden. In addition, we will be conducting
marketing, PR and social media activities to build the profile of the
- Information signage to use at
your home on the day, including decorative buntings.
- A media guide to use in the
promotion of your garden.
- Poster and flyers.
- Directional signage and
resource material that can be downloaded from the website.
- Invitation to join the closed
SEGT Host Facebook group, where you will be able to connect with other
- Invitation to SEGT Host Only
events such as information day and thank you event.
- Seed packets for distribution
to visitors to each open garden.
responsibilities – Terms & Conditions
As a garden host in Sydney
Edible Garden Trail, you agree to the below terms and conditions:
- All open gardens need to
showcase edible produce and sustainable practices.
- Property owners/spokespersons
will be required to be available to discuss the plants, sustainable elements and
features of the property during the event period.
- Property owners/spokespersons may
choose to request an optional “gold coin” donation with funds to go
towards a non-profit organisation of your choice. It is your responsibility to
accurately disclose where the funds will be going and it is your responsibility
to ensure all funds are donated to the chosen non-profit organisation. You
cannot exclude entry to your garden to a SEGT ticket holder should they not
wish to donate.
- Participating garden hosts are covered by the Public
Liability Insurance Policy that has been arranged by SEGT. A copy of the policy
is available on the Garden Host section of the website or you can request a
copy by emailing: firstname.lastname@example.org
- Property owners/garden hosts will be responsible for
supplying volunteers/staff to help you on the day (we recommend a
minimum of 2 people to assist you on the day, one to assist with registration
of visitors as they arrive and another to provide general help on the day. But this
will differ depending on the size and layout of your garden, and what
activities and workshops you are planning for the day. Please note that these
volunteers and staff will not be covered under the SEGT insurance policy
- Property owners/garden hosts are
requested to assist in spreading the word to promote the event.
- By participating in the SEGT,
you understand that all supplied photography of your property may be used
in the marketing and promotion of the Sydney Edible Garden Trail.
- Property owners/garden hosts must
take all precautions in respect of factors such as public safety, fire and
emergency procedures, public health, first aid and child protection pursuant of
the Child Protection (Prohibited Employment) Act 1998. A risk assessment
document is available on the Garden Host section of the website to assist you,
please take the time to go through this document and checklist to assess your
- Property owners/garden hosts must
take all precautions in respect of public safety of any animals, such as chickens,
quails, cats and dogs. If you are unsure about how they will react to the
general public it is best that you contain them in a separate area where the
visitors cannot access.
- Property owners/garden hosts may
need to make yourself available for media interviews.
- The garden details, without
address may be publicised on the SEGT website and/or SEGT social media at any
time. The address details will be provided to ticketholders, SEGT event
volunteers and for any insurance purposes.
- The address details of your
garden/property will be provided to ticketholders in the lead up to the event.
- Property owners/garden hosts must organise for
the placement of a sign-up sheet (provided) or use the electronic
sign in sheets to collect the names and contact details of visitors. This sheet
is to be emailed back to the organisers upon request.
- You acknowledge and agree that we have not given
any warranties or made any representations relating to your participation in
the SEGT event other than as set out in these terms and conditions. This
includes but is not limited to:
- the benefits of the location of
- the number of potential
visitors at any particular garden
- the extent to which we have
carried out marketing or advertising to attract visitors to the SEGT event
- the number of participants in
the SEGT event and the location of the participants.
- You indemnify and at all times in the future
must keep us indemnified for all loss and claims incurred or suffered by us
arising directly or indirectly from or in connection with:
- your breach of any term of
these Terms and Conditions
- your breach of any warranties
or representations in these Terms and Conditions
- any act or omission by you in
respect of any content or other information provided by you to us
- any death or injury to persons,
or damage to property, caused by any act or omission of you, or your employees,
agents, contractors or invitees
- any act or omission by you in
connection with the SEGT event, including any negligent act or omission.
- You acknowledge and accept the risk of any
communication to or from the website and content published on the website may
be accessed, intercepted, used or modified by third parties.
- To the fullest extent permitted by law we
(including our officers, employees and agents) will not be liable for and you
release and hold us harmless from all loss that you may incur and from all claims
arising from or in any way connected with these Terms and Conditions, your use
of the website and the SEGT event.
and SEGT website
We may modify,
replace, refuse access to, suspend or discontinue the website partially or
entirely, or change and modify any details relating to the SEGT event in
our absolute discretion.
information to us, you represent and warrant that you are entitled to submit
that information and that information is accurate, not confidential and not in
violation of any contractual restrictions or other third party rights. It is
your responsibility to keep your information accurate and updated. We assume no
responsibility for your information being inaccurate or out of date.
By applying to be an active
garden host, you grant us an irrevocable licence to publish on the SEGT website
and in any promotional material (whether hard copy or electronic) (including in
connection with the SEGT event) the information that you provide in
relation to your listing, including but not limited to for promotional,
advertising and/or marketing purposes.
In relation to
content, you acknowledge and agree that you are solely responsible for the
information, data and other content you provide us for inclusion on the website
or post, upload, email, transmit or otherwise make available on the website
or to us.
You warrant that no content
is, shall or could:
- be inappropriate, inaccurate, offensive
- in any way offend other active participants,
or users of the website or bring the website or us into disrepute in any way
- falsely state, impersonate or
otherwise misrepresent your identity, or misrepresenting your details including
- be unlawful or potentially or
actually libellous, abusive, obscene, discriminatory, offensive
or otherwise objectionable
- include information that you do
not have the right to disclose or make available under any law or under
contractual or fiduciary relationships or is otherwise confidential
- contain software viruses,
worms, or any other computer code, files or programs that could interrupt,
destroy or limit the functionality of the website, or
- infringe any third party’s
intellectual property rights.
We may in its
absolute discretion remove, modify, edit or reject any content or material
published on the website from time to time in its absolute discretion as
it deems fit and without reference to you. We have complete editorial control
over the website at all times.
You must not:
- use the website in any way that
causes, or may cause, damage to the website or impairment of the
availability or accessibility of the website; or in any way which is unlawful,
illegal, fraudulent or harmful, or in connection with any unlawful,
illegal, fraudulent or harmful purpose or activity
- 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, Trojan horse, worm, keystroke
logger, rootkit or other malicious computer software; conduct any systematic or
automated data collection activities (including without limitation scraping,
data mining, data extraction and data harvesting) on or in relation to the
website without SEGT’s express written consent
- use the website to transmit or
send unsolicited commercial communications
- use the website for any
purposes related to marketing without our express written consent.
We do not warrant that
access to or use of the website will be uninterrupted, free from error or that
any material published on the Website is free from errors, viruses, worms,
trojan horses or any other harmful components. We disclaim any and all
liability for any loss or claims in connection with any interruption to access,
errors or delays in functioning of the website for any reason.
Visitors and garden
hosts acknowledge that in using the SEGT website, and participating in the SEGT
forms part of these Terms and Conditions and you acknowledge and agree to the
way in which we collect, use and disclose your personal information set out in
You consent to SEGT disclosing
your personal information to participating local councils.
You consent to us
using the personal information provided by you to contact you regarding
anything connected with the SEGT event or the SEGT website, and to contact you
for promotional and marketing purposes including but not limited to other
services offered by us or our affiliates and partners, and marketing and
For more information,
Please feel free to
contact us via email at email@example.com
if you have any questions regarding these Terms and Conditions.
Garden Host Acknowledgement
By participating in
the garden trail, you acknowledge and agree that:
- You have read and understood
the above Terms and Conditions of participating in the SEGT.
- We retain all rights over the
SEGT website and the SEGT event including but not limited to all logos,
diagrams, graphics, images, layouts, appearance, videos, ideas, methods,
databases, documents, domain names, confidential information, copyright, rights
in circuit layouts (or similar rights), registered or unregistered
trademarks, trade names, patent, know-how, trade secrets and any other
intellectual or industrial property whether such rights are capable of being
registered or not (“Intellectual Property Rights”) and no right, title or
interest in the Website or the Event or the Intellectual Property is
transferred under these Terms and Conditions or otherwise.