Terms and Conditions

This website is provided by Native Spirit Nursery on an “as is” and “as available” basis.
Native Spirit Nursery has taken reasonable care to ensure that information is accurate at the time it was added to this website. The website is intended to provide information and guidance only. Native Spirit Nursery is not liable for any incorrect or misrepresented information on this website.

Native Spirit Nursery makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials, or products, included on this website. To the full extent permissible by applicable law, Native Spirit Nursery disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Native Spirit Nursery will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive or consequential damages.

The material and information contained within this website or provided by Native Spirit Nursery are for your personal use and may not be distributed or used for commercial purposes.

All content included on this website, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Native Spirit Nursery or its content suppliers (as applicable) and is protected by Australian and international copyright laws. Any use, including, but not limited to, the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

The “Native Spirit Nursery” logo and the phrase “Healing country through biodiverse native forests” are trademarks of Desire to Aspire Ltd and may not be used in connection with any other product or service that is not that of Native Spirit Nursery in any manner that is likely to cause confusion among its customers, or in any manner disparages Native Spirit Nursery.

This site is created and controlled by Native Spirit Nursery in Australia. As such, the laws of Australia will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.

Native Spirit Nursery is a social enterprise providing bulk orders of native plants to various entities including businesses, Government organisations and the public in the future. 

You do not have to provide any personal data to use our web-site and the carbon calculators, though you may find this beneficial to do so (e.g. for Newsletter usage).

We may use information collected from you to provide quotations, make telephone contact and to email you legislative and best practice information that we believe to be beneficial to you/your business in terms of your legislative compliance, business reputation and reducing operational costs.

By making initial contact with us (by telephone, email or on-line form) you consent to Native Spirit Nursery maintaining a dialogue towards your request until you request otherwise/ we decide to desist.

Some personal data may be collected about you from the forms and surveys you complete, from records of our correspondence and phone calls and details of your visits to our website, including but not limited to personally-identifying information, e.g. Internet Protocol (IP) addresses. Native Spirit Nursery may from time to time use such information to identify its visitors. Native Spirit Nursery may also collect statistics about the behaviour of visitors to its website.

Native Spirit Nursery website uses cookies – strings of information that a website stores on a visitor’s computer. The visitor’s browser provides to the website each time the visitor returns. Native Spirit Nursery does not use cookies to identify visitors. Native Spirit Nursery website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Native Spirit Nursery website.

Any information Native Spirit Nursery holds about you and your business encompasses all the details we hold about you and any sales transactions including any third-party information we have obtain about you from public sources and our own suppliers; e.g. credit referencing agencies.

Native Spirit Nursery will only collect the information needed so that it can provide you with supply sustainability services; we do not sell or broker your data.

To meet Native Spirit Nursery contractual obligations to clients and to also respond to inbound enquiries.

To benefit our contacts in terms of their legal compliance.

Legitimate interests pursued by Native Spirit Nursery and/or its clients

To promote the supply and sustainability services offered by Native Spirit Nursery and/or to market the services to Native Spirit Nursery existing clients and contacts in the interests of protecting brand reputation/standing, operational costs and general environmental protection and best practice.

Through agreeing to this privacy notice you are consenting to Native Spirit Nursery processing your personal data for the purposes outlined. You can withdraw consent at any time by emailing sales@nativespiritnursery.com.au or writing to us, see last section for full contact details.

Native Spirit Nursery may on occasions pass some personal data to third party suppliers in support of fulfilment of the client request/web-site experience – these include but are not limited to Paypal, Stripe, GoogleAnalaytics, and social media (only on user action – e.g. clicking ’like’ icons). Native Spirit Nursery never knowingly engages with third parties whose own processing is in breach of privacy policies. Native Spirit Nursery do not broker or pass on information gained from your engagement with the agency without your consent. However, Native Spirit Nursery may disclose your Personal Information to meet legal obligations, regulations or valid governmental request. Native Spirit Nursery may also enforce its Terms and Conditions, including investigating potential violations of its Terms and Conditions to detect, prevent or mitigate fraud or security or technical issues; or to protect against imminent harm to the rights, property or safety of Native Spirit Nursery, its clients/staff and wider public.

Native Spirit Nursery will process personal data during the duration of any contract and will continue to store only the personal data needed for at least 5 years after the contract has expired to meet any legal obligations. After 5 years any personal data not needed may be deleted by us.

Data is held on secure servers, currently based in the EEA.
Your rights as a data subject
At any point whilst Native Spirit Nursery is in possession of or processing your personal data, all data subjects, have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing, e.g. direct marketing.
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
Should we refuse your request under rights of access, we will provide you with a reason as to why, which you have the right to legally challenge.

Native Spirit Nursery at your request can confirm what information is held about you and how it is processed.
You can request the following information:

Identity and the contact details of the person or organisation (Native Spirit Nursery) that has determined how and why to process your data.
Contact details of the data protection officer (DPO), where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of Native Spirit Nursery or a third party such as one of its clients, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making (e.g. such as profiling), and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
To access what personal data is held, identification will be required
Native Spirit Nursery will accept the following forms of ID when information on your personal data is requested:
Copy driving licence, passport, birth certificate and recent utility bill (<three months old). One piece of photographic ID (listed above) is needed. We reserve the right to ask for further information should we be dissatisfied with the ID provided.

All requests should be made to sales@nativespiritnursery.com.au

Should you wish to make a compliant about personal data use by Native Spirit Nursery, you have the right to complain to us. If you do not get a response within 30 days you can complain to the ICO.

The details for each of these contacts are:
Native Spirit Nursery, attention Manager

Native Spirit Nursery
PO Box 4202 Victoria Park WA 6979
sales@nativespiritnursery.com.au

At Native Spirit Nursery we want you to be fully satisfied with your purchases. However, as plants are living products and even though we take every precaution to ensure their safe shipping to you, we do not offer refunds. 

For all on-line plant sales we provide you with a 2 day cooling off period. If you would like to cancel your order within this period, then please contact us, explaining the reason for the cancellation. We will provide a full refund less 5% administration charge.