Terms & Conditions

Acceptance of these terms

By accessing or using this website you agree to be bound by these Terms & Conditions and by our Privacy Policy and Cookies Policy. If you do not agree, please do not use the site.

These terms apply to every visitor, regardless of whether you submit a form, download materials, or simply browse.

Use of the website

You agree to use the website only for lawful purposes. In particular, you will not:

• Use the site in any way that breaches Australian law or the laws of any other jurisdiction from which you access it.
• Attempt to gain unauthorised access to any part of the site, the server it sits on, or any connected database or system.
• Introduce malicious software, viruses, trojans, or any code intended to interfere with the operation of the site.
• Scrape, harvest, or otherwise collect personal information about other users without their consent.
• Reproduce, duplicate, copy, sell, or exploit any portion of the site for commercial purposes without our written permission.

We reserve the right to restrict or terminate access to the site at our discretion, particularly where we believe these terms have been breached.

Forms and submissions

The website includes forms for booking tours, requesting brochures, scheduling calls, and contacting our team. When you submit a form you confirm that:

• The information you provide is accurate and current.
• You are at least 16 years of age, or have permission from a parent or guardian.
• You agree to be contacted by our team in connection with your enquiry, using the details you provided.
• You consent to the handling of your personal information in accordance with our Privacy Policy.

Marketing communications (such as newsletters and stories from the gardens) are sent only to people who have explicitly opted in. You may withdraw consent at any time using the unsubscribe link in our emails or by contacting us directly.

Intellectual property

All content on this site, including text, photography, illustrations, branding, the Mornington Green name, the Living Legacy Tree concept, and the arrangement of pages, is owned by Mornington Green Living Legacy Gardens or used under licence, and is protected by Australian and international copyright and trademark laws.

You may view, print, and download portions of the site for your own personal, non-commercial use, provided you keep all copyright and ownership notices intact. Any other use, including reproduction, public display, distribution, or modification, requires our prior written consent.

Brochures and downloadable resources are provided for personal informational use. You may share them privately with family considering a memorial, but you may not republish, repackage, or distribute them commercially.

External links and embeds

The website may link to or embed third-party services such as Eventbrite for event bookings, HubSpot for forms and scheduling, Cloudinary for images, Sanity for editorial content, or social media platforms. These services are operated independently and have their own terms of use and privacy policies, which apply when you interact with them.

We are not responsible for the content, availability, or practices of websites or services we link to or embed. The presence of a link does not imply endorsement.

Privacy and cookies

Our handling of personal information is described in our Privacy Policy, which explains what we collect, how we use it, how long we keep it, and how to exercise your rights under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

Information about the cookies and similar tracking technologies we use is in our Cookies Policy. You can adjust your cookie preferences at any time using the cookie settings link in the site footer.

Disclaimers

The information on this website is provided for general informational purposes only. We make every reasonable effort to keep details about our gardens, services, prices, tree species, availability, and events accurate and up to date, but we do not warrant that the site will be free from errors, omissions, or interruptions.

Nothing on this site constitutes legal, financial, estate-planning, or bereavement-counselling advice. Where decisions about pre-planning, legacies, or memorialisation are involved, we encourage you to seek qualified professional advice that considers your personal circumstances.

Photographs and illustrations are indicative only. The appearance of mature trees, the gardens, and individual memorials will vary with growth, season, and weather.

Limitation of liability

Nothing in these terms excludes, restricts, or modifies any consumer rights or guarantees you have under the Australian Consumer Law or other laws that cannot lawfully be excluded.

Subject to those rights, to the maximum extent permitted by law, Mornington Green Living Legacy Gardens and its related entities, employees, and contractors are not liable for any loss or damage, direct, indirect, incidental, consequential, or otherwise, arising from your access to or use of this website, including any reliance on its content or interruption to its availability.

Changes to these terms

We may update these terms from time to time to reflect changes in our services, the law, or how the website operates. The current version is always published at morningtongreen.com.au/terms, and the “Last updated” date at the top of this page records the most recent change.

Continued use of the site after a change means you accept the updated terms. If you do not agree, please stop using the site.

Governing law

These terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria for any matter arising out of or in connection with the website or these terms.

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