- Information Accuracy
While every attempt is made to ensure the accuracy of the information on this website, we cannot be held accountable for errors or omissions. If you find a problem, please contact us. We will do our best to investigate it as soon as possible. Any decision or purchase that you make must be based solely on your own evaluation of your needs and circumstances. We recommend that you independently verify the accuracy or reliability of any information made available via the Site and upon which you intend to rely. The Site services and information are provided on an "as is" basis. We make no warranty that the Site will be free from viruses or any kind of malicious code whatsoever.
- Copyright Protection
This website (the Site) is protected by copyright held by Oratia Native Plant Nursery Ltd (hereinafter referred to as us/we/our). You may print out individual articles or pages for your private use, but no form of distribution or making available to the public (whether in print or electronic form) of any of this website's content is permitted without our prior written consent. Content includes, but is not limited to, text, photos, graphics and animations.
As part of our continuing efforts to educate others about New Zealand's rich native flora, we may occasionally use photos and images from our database in publications and other material. By submitting any photo or image to us, you agree to the following:
Oratia Native Plant Nursery Limited does not claim ownership of any materials you provide to us for use on this website. These materials include, but are not limited to, comments and suggestions, photos, graphics, audio, and video. The act of ‘providing' includes, but is not limited to, posting, inputting, uploading, submitting or otherwise making available any material to us.
However, by providing us with the material you are granting us, and any affiliated companies, the worldwide, royalty-free and non-exclusive licence to use distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such material (in whole or in part) and to incorporate such material into other works in any format or medium now known or later developed. You further grant the licence to publish your name (if given) in connection with your material. The licences granted are perpetual, irrevocable, and fully sublicenceable.
You agree not to:
• Provide any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Provide any material that you do not have a right to make available under any law;
• Provide any material that infringes any patent trademark, trade secret, copyright, or other proprietary rights of any party.
• Provide any unsolicited or unauthorised advertising, or other promotional materials.
You acknowledge that we may or may not pre-screen material, but that we have the right (but not the obligation) in our sole discretion to pre-screen, refuse, edit, or remove any materials provided.
- External Links
Any links to other sites are provided for your convenience only. They do not imply any endorsement of the organisation, or its information, products or services. We do not guarantee such linked sites to be free from viruses and/or malicious code.
- Username and Password
Certain sections of the Site require a username and password to be registered with us. This must be used whenever requested. The username and password are personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any third party. You agree that you are solely responsible for any use of the Site by any person using your username and password. You agree to indemnify Oratia Native Plant Nursery Ltd. against any and all claims arising out of your failure to maintain the confidentiality of your username or password.
- Terms of Trade
1. Payment is required after confirmation of an order prior to plants being despatched. Retail prices are GST inclusive.
2. We take all possible care to ensure plants are of good quality, appropriate to their intended usage, and are true to name and description. However, no warranty, express or implied, is given on quality, name or description, and we give no guarantees regarding future growth or performance of the plants.
3. Our responsibility for the plants ends upon collection of the plants from the nursery, or upon delivery by us to the address you provide.
4. The cost of plants does not include packaging or delivery. This should be arranged at the time an order is confirmed. We will not be responsible for debts incurred to other carriers.
5. Plants should be checked carefully on delivery. Complaints regarding inferior quality or deficiency should be made within 48 hours and we will investigate these and undertake to remedy any problems at our discretion. No goods will be accepted for return without prior written consent.
6. Where another carrier is involved, claims should be made directly to them for any goods lost or damaged in transit.
7. Quotations remain valid for 1 month unless otherwise specified, but plants will be held only for confirmed orders.
8. Any order may be altered or cancelled up until confirmation of the order and the arrangement of delivery. After this time any variation to the order will be accepted only at our discretion.
9. Once an order is confirmed, plants will be held and maintained by us for up to one month. Thereafter we reserve the right to charge a holding fee. While we will do our best to look after the plants, we cannot guarantee their continuing quality. Unless such a holding period is negotiated and agreed to in writing, we reserve the right to sell the plants on to another customer.
10. In some circumstances a deposit will be required. Any refund claimed due to cancellation or changes to the order will be granted entirely at our discretion and will depend on expenses incurred and/or loss of potential sales.
11. We will do our best to deliver on an agreed date, but such a date is not to be treated as a condition of sale.
12. We will not be liable if, due to events beyond our control (force majeure), we are unable to provide the plants ordered.
13. Our total liability is limited to the replacement of plants or the refund of the money paid for those plants. No liability will be taken for indirect or consequential losses suffered by you or any other third party.
We do not pass on your information to anyone else. This information is used only for the purpose for which it was given. From time to time we may send you information or nursery updates. You may ask to have your name removed from our mailing list at any time. You may also check and correct the accuracy of personal details at any time.
These terms and conditions apply to all users of this Site and its associated services. By using this Site you will be deemed to agree to these terms and conditions without qualification.