The Flower Wall Co — Terms of Use & Terms of Service

1. Acceptance of Terms & Contractual Formation

• Binding Agreement: These Terms of Use, alongside our Refund Policy and Delivery Policy, constitute a legally binding agreement between you and The Flower Wall Co.
  
  
• Capacity: By using our services, you warrant that you are at least 18 years of age, possess the legal authority to enter into contracts, and are acting with full authorization for any venue or event organization you represent.
  
  
• Modification of Terms: We reserve the right to amend, update, or replace any part of these Terms of Use at our sole discretion by posting updates on our website. Your continued use of or access to our website and services following any amendments constitutes acceptance of those changes.
  
  

2. Quotes, Pricing & Availability

• Quotations: All quotations provided by The Flower Wall Co are valid for 14 days from the date of issuance, unless otherwise specified in writing. Prices are subject to change without notice until a booking is officially secured via the payment of the required deposit.
  
  
• Tax & Currency: All prices displayed on our website and invoices are listed in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST) unless explicitly stated otherwise.
  
  
• Inventory Reservation: No inventory items, floral walls, or event props are held or reserved until the mandatory 50% initial deposit has been successfully processed and received.
  
  

3. Product Imagery, Styling Variations & Substitutions

• Imagery as a Visual Guide Only: All photographs, product images, digital mockups, social media content, and visual representations displayed on www.flowerwallco.com.au or provided within quotations are for marketing and visual guidance purposes only. They do not constitute a precise specification of the exact hire items or floral arrangements to be delivered.
  
  
• Seasonal Availability & Material Variations: Due to the bespoke, handmade, and perishable nature of event styling and floral installations, the actual setup on the day of the event may vary from marketing images. Variations may occur due to seasonal bloom availability, supply chain constraints, minor color dye-lot differences, on-site lighting conditions, or natural variations in flower shapes, shades, and sizes.
  
  
• Right to Substitute: The Flower Wall Co reserves the absolute right to substitute floral varieties, color tones, structural components, or decorative props with items of equal or greater quality, aesthetic value, and structural integrity, without prior notice or client consultation, if original specifications are unavailable or deemed unsuitable due to environmental factors, stock conditions, or transit constraints.
  
  

4. Client Responsibilities, Venue Suitability & Public Permits

• Venue Suitability & Access: The Client warrants that the event venue or site is fully accessible, structurally sound, and prepared for installation at the agreed bump-in time.
  
  
• Public Land, Council & Park Permits: Where an event is requested in a public park, reserve, beach, council-managed property, or public space, the Client is solely responsible for obtaining and paying for all necessary permits, council approvals, and land-use clearances prior to the event date. The Flower Wall Co accepts absolute zero liability for setup interruptions, fines, delays, or shutdowns enforced by local authorities, rangers, or police due to a lack of proper client permits.
  
  

5. Intellectual Property Rights

• Website & Content Ownership: All content, designs, graphics, text, logos, imagery, video clips, and software on www.flowerwallco.com.au are the exclusive intellectual property of The Flower Wall Co.
  
  
• Prohibited Use: You are strictly prohibited from copying, reproducing, distributing, republishing, displaying, posting, or transmitting any portion of our intellectual property without our explicit prior written consent.
  
  
• Styling Designs & Concepts: Custom event styling designs, spatial layouts, and proprietary floral arrangement blueprints created by The Flower Wall Co remain our intellectual property. Clients do not acquire any ownership rights to custom designs or commercial assets utilized during their event.
  
  

6. Media, Photography & Marketing Consent

• Right to Capture Media: The Flower Wall Co reserves the right to take photographs, videos, and digital recordings of our setups, floral walls, and styling assets before, during, and after your event.
  
  
• Marketing License: The Client grants The Flower Wall Co an irrevocable, perpetual, royalty-free license to use any event imagery, professional photography shared with us, or media captured by our crew for promotional, marketing, advertising, social media, and portfolio purposes across all digital and print channels.
  
  

7. Limitation of Liability & Indemnification

• Exclusion of Indirect Loss: To the maximum extent permitted by Australian Consumer Law, The Flower Wall Co shall not be liable for any direct, indirect, incidental, special, or consequential damages—including loss of profits, revenue, data, or anticipated savings—arising out of or in connection with our services, hire items, or website usage.
  
  
• Third-Party Add-Ons, Alcohol & Perishables: Any third-party items included in or associated with our packages (such as bottled beverages, alcohol, or food styling/grazing tables) are provided strictly on an ancillary basis. The Client warrants that all event attendees consuming alcohol are of legal drinking age in New South Wales, Australia. The Flower Wall Co holds no responsibility, liability, or compliance obligations regarding liquor licensing, food safety, or catering regulations at private or public venues.
  
  
• Indemnification: You agree to indemnify, defend, and hold harmless The Flower Wall Co, its directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of your breach of these Terms of Use, misuse of our hire assets, or violation of any third-party rights at your event venue.
  
  
• Statutory Guarantees: Nothing in these terms is intended to exclude, restrict, or modify any consumer rights or statutory guarantees under the Australian Consumer Law (Competition and Consumer Act 2010) that cannot be legally excluded.
  
  

8. User Conduct & Prohibited Activities

1. Engage in any unlawful activity or breach any applicable local, state, or federal laws.
   
   
2. Attempt to gain unauthorized access to our Shopify store backend, server infrastructure, or customer databases.
   
   
3. Transmit malicious code, viruses, worms, or any software designed to disrupt, damage, or limit the functionality of our website.
   
   
4. Provide false, inaccurate, or misleading information during the checkout, booking, or inquiry process.
   
   

9. Governing Law & Jurisdiction

• Applicable Law: These Terms of Use and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of New South Wales, Australia.
  
  
• Jurisdiction: You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts for the resolution of any disputes arising under or relating to these terms.
  
  

10. Severability