Community Garden Terms of Use

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Denman Prospect Community Garden Terms of Use

Agreed Terms

Company
Capital Estate Developments PTY LTD ACN 137 573 623
As Trustee for Capital Estate Developments Trust ABN 22 117 906 634
Plaza Offices, Level 4, Terminal Avenue, Canberra Airport ACT 2609
community@denmanprospect.com.au

Participant
Individual

1) These terms govern access to, and use of, the community garden located at Block 2 Section 98, Denman Prospect (Community Garden). 

2) The Participant warrants and represents they are at least 18 years of age and have full legal capacity to enter these terms. 

3) Access to the Community Garden is conditional on the Participant accepting the Community Garden Terms of Use and paying the Plot Licence Fee to the Company. 

4)    Licence

a) Subject to these Terms of Use, the Company grants the Participant a licence to use a plot for the purpose of growing vegetables, herbs, fruit, flowers and other non-invasive plants for personal use (Licence). 

b) The Licence commences on the day payment is received following application for the Licence and expires annually and is subject to renewal, associated fees and any other conditions the Company may place on renewal.

c) Subject to clause 7(c), Participants who hold a plot for the current Licence year will be given the first opportunity to renew their agreement for the following year.  If the Participant renews before their renewal date, they will retain the same plot.  If the Participant does not renew within the specified timeframe, the plot may be allocated to another person.

5) The Participant must abide by (and must ensure and that any child under their supervision abides by) these Terms of Use, the Garden Rules attached as Annexure A (as amended from time to time), and any directions (verbal and/or written) given by the Company or a Community Garden Volunteer.

6)  Plot Licence Fee

a) The Plot Licence Fee and Payment Details are included in the Schedule. 

b) The Plot Licence Fee is an annual fee, paid on a per plot basis.  The Maximum number of plots that may be applied for is 2.  

c) The Plot Licence Fee will be refunded if a plot is not available.

7)  Access Codes, Plot Allocation

a) The Participant will be provided with access to enter the Community Garden and access the facilities (including sheds and hot house).  Any access codes or keys that may be provided from time to time must not be shared with other persons.

b) The Participant may be allocated plot(s) from time to time.  The Participant may only use the plot that has been allocated to them.  Participants must not interfere with other plots, or other participant’s property.

c) Where the Company considers that the Participant has abandoned the Plot, is not adequately maintaining the Plot, or has failed to comply with these Terms of Use or the Garden Rules, the Company may:

    i) take any action it considers appropriate at its discretion in relation to the Plot; and

    ii) refuse to allow a Participant to renew this agreement; and

    iii) refuse to grant the Participant the use of any other Plot at any time.

d) The Company is not responsible for loss, theft or damage to any plants cultivated in plots, or items stored in lockers.  Plots and lockers are used at the Participant’s risk. 

8)  Release

a) The Participant understands and accepts the nature and risks associated with gardening including, but not limited to, physical labour, use of tools and protective equipment, and insect and/or animal bites.

b) The Participant unconditionally releases the Company from all claims, suits, demands, actions or proceedings (whether at law, in equity or arising under any statute) arising out of or in connection with the Participants access to and use of the Community Garden,  or an act, default or omission of the Participant, or any child under 18 years brought into the Community Garden (by the Participant).

9)  Inappropriate behaviour

a) The Company may, at its discretion, prohibit any activity from taking place in the Community Garden that it deems inappropriate. 

b) To determine whether an activity may be considered as inappropriate, the Company may consider whether the activity would likely:

    i) bring the Company into disrepute; 

    ii) be improper, illegal, unethical or offensive,

    iii) raise a conflict of interest;

    iv) be contrary to public interest;

    v) is or is likely to be perceived as dangerous or hazardous; or

    vi) any other reason the Company deems appropriate.

10) Revocation and Amendment

a) The Company reserves the right to revoke, at its sole discretion without notice, access to any Participant who does not abide by these terms or who has, in the opinion of the Company, engaged in conduct which is fraudulent, misleading, deceptive or inappropriate or generally damaging to the goodwill or reputation of the Company. 

b) On revocation of access, the Participant must immediately cease accessing the Community Garden and comply with all directions to leave the Community Garden. 

c) The Company reserves the right to amend, update or replace these terms and the Garden Rules at any time.  Updated terms and Garden Rules may be included on the website.  Continued access to the Community Garden after the terms have been updated, constitutes acceptance by the Participant of the revised terms and rules. 

d) The Company may change and/or cancel Plot Licence Fees at its sole discretion without notice.

11) Privacy

a) The Participant acknowledges and agrees that the Company collects personal information (including their name, contact details, and any other information they provide) to manage Plot Licences and access to the Community Garden.  The personal information of a Participant may be disclosed, and the Company may disclose this information to third parties, agents, contractors, service providers, for the purpose of facilitating the Community Garden and for promotional purposes. Entry is conditional on providing this information. 

b) For more information about how the Company handles personal data, including how to make a complaint, please see the Privacy Policy.

c) By entering these terms, the Participant consents to the use of their information as described and the Privacy Policy.

12)  Miscellaneous

a) The Terms of Use will be governed by and construed in accordance with the laws of the Australian Capital Territory.

b) If any provision of this the terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render the terms unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

c) The Participant must not assign or transfer any rights or obligations under these terms without the prior written consent of the Company.

d) All notices required under these terms will be in writing and delivered by electronic mail, and will be deemed given upon acknowledgment of receipt of electronic transmission. Notices must be sent to the Participant at the email address set forth in the Details of these terms. Notices from the Participant to the Company must be sent to: community@denmanprospect.com.au.

Schedule

Plot License Fee (per annum on your renewal) - $120 per Plot