January 14, 2020

Ts & Cs

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, including our Privacy Policy available on our website.

GARDEN HOST Participation Guidelines

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.

The 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.

This is a community not-for-profit event with profits from ticket sales donated to participating local school and community edible gardens.

The 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 Conditions
  • 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 laws
  • 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 inappropriately
  • 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

 

Sale of Produce

If you wish to offer for sale (including by offering free samples to the public) any Goods, you make the following warranties and representations:

  • Promotions 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 Labelling.

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 event. 

Our assistance includes: 

  • 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 participants.
  • Invitation to SEGT Host Only events such as information day and thank you event.
  • Seed packets for distribution to visitors to each open garden.

Your 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: info@sydneyediblegardentrail.com
  • 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 mentioned above.
  • 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 garden.
  • 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 your garden
    • 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 law
    • 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.

Information 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.

By providing 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 or objectionable
  • 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 current address
  • 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.

Privacy

Visitors and garden hosts acknowledge that in using the SEGT website, and participating in the SEGT event, you will provide us certain personal information. Our Privacy Policy 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 the Privacy Policy.

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 promotional campaigns.

For more information, please see our Privacy Policy Statement available on the website.

Please feel free to contact us via email at info@sydneyediblegardentrail.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.