Terms and Conditions
1. Compliance with these Terms and Conditions
Please read these terms and conditions carefully. By using the Diggers Club website, visiting our gardens, using our accommodation or hospitality services, attending our events or courses, or making any purchase, you agree to be bound by, and comply with, these terms and conditions (Terms) and our Privacy Policy.
2. General
2.1 Our website is an education and retail shopping (including e-commerce) website where you can browse and view education, select and order goods, book garden visits, accommodation, hospitality services, on the website from The Diggers Club ('Diggers Club', 'us', 'our' or 'we').
2.2 If you are under 18 years of age, then you must obtain your parent or guardian's consent before accessing and using the website or our services.
2.3 Your access to and use of the website, including your order of goods or services through the website, is subject to these Terms and the Privacy Policy, which is available on the website.
2.4 The Terms also apply to the sale of any goods or services via methods other than the website, including sales by telephone, in person, via third parties (including third-party platforms or sites) or other means, unless otherwise agreed in writing.
3. Disclaimer
The information contained on the website is provided in good faith on an "as is" and "as available" basis. The Diggers Club does not represent or warrant the reliability, accuracy or completeness of the information contained on the website. To the extent permitted by law, the Diggers Club is not responsible or liable for any Liabilities (direct, indirect or consequential losses and damages) arising in any way (including without limitation negligence) for errors in, or omissions from, the information on this website. The Diggers Club is not responsible or liable in any way for your use of any goods or services ordered or acquired via the website.
4. Intellectual Property
4.1 You:
4.1.1 acknowledge that the copyright in the website, the software, design, text, content, materials and graphics comprised in the website, the selection and layout of the website and the goods and services made available by us on the website (together, the Material) are owned by or licensed to us;
4.1.2 must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public the Material without our prior written consent;
4.1.3 must not, for commercial gain or otherwise, pass yourself out to be in any capacity affiliated with us (as a reseller, distributor or otherwise) or engage in conduct such as selling, re-selling, promoting or marketing the goods or services available on the website or in our stores; and
4.1.4 must not frame or embed in another website any of the material appearing on the website without our prior written consent.
4.2 You may:
4.2.1 store a reproduction of the content on this website on your local computer for the sole purpose of viewing the content and Materials and for no other use, including commercial use; and
4.2.2 print hard copies of the content and Materials for the sole purpose of viewing and purchasing goods or services but not for any other use, including commercial use.
4.3 This website, the goods and services, and any ancillary materials or documents owned or used by the Diggers Club in connection with the sale of goods and services and promotion of its business contains registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of the Diggers Club. You must not use any of the marks or trademarks appearing on the website or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
5. Viruses
5.1 The Diggers Club does not claim that any information (including any files) obtained from or through the website is free from viruses or other faults or defects.
5.2 You are responsible for scanning any information for viruses.
5.3 You agree that the Diggers Club has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
5.4 If the Diggers Club is found to be liable, this liability will be strictly limited to the cost of supplying (or re-supplying) the information again.
6. Changes to these Terms and Conditions
6.1 If you have an order that has been accepted by us, the terms and conditions that will apply to that order are the Terms that applied at the time you placed your order. We cannot vary the Terms which apply to a given order after that order is accepted by us.
6.2 Subject to clause 6.1, we may change these Terms at any time, and such modifications will be effective as soon as they are posted. The changes or updates may be posted on the website, our third-party social media or network platforms, or you may be notified of same by email. By continuing to use the website after these Terms have been modified, you agree to be bound by the changes to these Terms.
7. Your Obligations
7.1 You covenant and warrant that:
7.1.1 all information and data provided by you to us through the website (including, but not limited to, as part of the membership registration process) or otherwise is true, accurate, complete and up to date;
7.1.2 the person receiving the goods or services at the delivery address or venue is authorised by you to do so;
7.1.3 the goods and services are being purchased for your personal use;
7.1.4 the goods and services are not being purchased for any use which is prohibited or restricted by these Terms;
7.1.5 you have and will comply with all relevant laws relating to your use of the website and your placement of any order to us;
7.1.6 you are responsible for any costs associated with your access to or use of the website, including Internet access fees;
7.1.7 you are responsible and liable for any person that uses your device and or details to order good(s) or service(s) through the website; and
7.1.8 if applicable, you will check the labels on the goods and any service descriptions before use.
7.2 You must not:
7.2.1 use the website for any activities that breach any laws, infringe a third party's rights or are contrary to any relevant standards or codes;
7.2.2 use the website in a manner or way, or post to or transmit to or via the website any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the website;
7.2.3 make fraudulent or speculative enquiries, purchases or requests through the website;
7.2.4 use another person's details without their permission or impersonate another person when using the website;
7.2.5 post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
7.2.6 tamper with or hinder the operation of the website;
7.2.7 knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the website;
7.2.8 use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the website;
7.2.9 modify, adapt, translate or reverse engineer any portion of the website;
7.2.10 remove any copyright, trade mark or other proprietary rights notices contained in or on the website;
7.2.11 reformat or frame any portion of the web pages that are part of the website;
7.2.12 create accounts by automated means or under false or fraudulent pretences
7.2.13 use the website to violate the security of any computer or other network or engage in illegal conduct;
7.2.14 take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
7.2.15 use the website other than in accordance with these Terms; or
7.2.16 attempt any of the above acts or engage or permit another person to do any of the above acts.
8. Warranty and Liability
8.1 The Diggers Club accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.
8.2 Where we are permitted by law (and subject to clause 8.1):
8.2.1 we do not warrant or represent the suitability of the website or a good or service that may be available on the website or in our stores, gardens, accommodation, or hospitality venues for any purpose; and
8.2.2 we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the website or the good or service.
8.3 our liability to you for loss or damage of any kind arising out of these Terms or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.
8.4 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where a major failure with the goods or services is established, you may be entitled to:
8.4.1 replacement or refund of the item.
You are entitled to choose a refund or replacement, but only where major failures with goods have been established. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract and obtain a refund of any unused portion. The foregoing is at all times subject to the provisions of the Australian Consumer Law being satisfied. Please contact our customer service team for any warranty or liability issues.
9. Prices, Fees and Charges
9.1 The prices of goods, services and delivery and other charges displayed on this website are current at the time of issue; however, the Diggers Club reserves the right to change prices at any time before we accept an order from you.
9.2 All prices shown on this website are in Australian Dollars (AUD).
9.3 Payment is accepted via Cash [in store only] Visa, Mastercard, Amex, Eftpos, UnionPay JCB or PayPal. Please note that a 1% surcharge applies to card payments.
9.4 We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):
9.4.1 the purchase price of each good or service that is ordered;
9.4.2 the delivery fee for delivering the good to you; and
9.4.3 any other fees and charges set out in these terms.
9.5 All fees and charges identified in these Terms and all prices for the goods and services as shown on the website are inclusive of GST (unless otherwise indicated).
9.6 The Diggers Club may, from time to time, make available alternate payment arrangements via the website, including, but not limited to, auto-renewal and buy-now-pay-later payment arrangements. You agree and acknowledge that you may be required to agree or subscribe to other terms and conditions as required by any third-party or alternate payment providers.
10. Termination and/or Suspension
We may terminate these Terms for convenience at any time. Without qualifying the foregoing, we may immediately suspend, terminate or limit your access to and use of the website if we reasonably suspect that you have committed a fraudulent act and/or you breach these Terms.
11. General Provisions
11.1 If the whole or any part of a provision of these Terms are void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms or is contrary to public policy.
11.2 These Terms are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
12. Diggers Club Membership
12.1 The Diggers Club offers its customers and users of the website the ability to join its membership program. The Diggers Club reserves the right to refuse any applicant the ability to join the membership program in its sole discretion.
12.2 By joining our Diggers Club membership program:
12.2.1 you agree to be bound by these Terms and our Privacy Policy;
12.2.2you acknowledge that the membership program is a paid annual membership, and the Diggers Club reserves the right to require you to pay a membership fee prior to approving or issuing you with your membership; there is no change of mind on membership purchase. All memberships are non-refundable. If you have any questions about Diggers Club memberships, please contact our customer service team.
12.2.3 you will be given the ability to opt in to receive email, mail, SMS and telephone communications from the Diggers Club. After opting in, you may elect to stop receiving communications from the Diggers Club by opting out. You can do so by logging into your account or after receiving an email, mail, SMS via the opt out function for the communication. Alternatively, you can send us a message via our contact us form or call our customer service number to opt out.
12.3 Please note when opting out via the unsubscribe link within the Diggers Club promotional emails, you are opting out from email marketing only. When opting out of the Diggers Club SMS communications via the opt-out reply function, you are opting out of SMS marketing only. If you elect to opt out, you will still receive service-based communications relating to your membership and account, as well as other information that we are required to send you by law, such as changes to our terms and conditions and notifications relating to your transactions, rewards, and entitlements. To opt out of mail or all other marketing, please send us a message via our contact us form or call our customer service number.
12.4 All members/participants in the Diggers Club membership program must be residents of Australia.
12.5 To be eligible for member benefits and exclusive offers in-store, you must identify yourself as a member before purchase. Proof of identity is required by providing your phone number or email address to verify against your membership account.
12.6 Any discount vouchers issued either at joining or throughout the membership period are not transferable and cannot be redeemed for cash. The Diggers Club reserves the right to implement additional terms and conditions on the use of any discount vouchers or discount codes on the website (whether via the membership program or otherwise). If these Terms and any additional discount voucher or code terms and conditions are not adhered to, the Diggers Club reserves the right to cancel your membership at any time.
12.7 Discounts do not apply to purchase of gift cards (physical or electronic) or bonus offers and may not be used in conjunction with any other offer or discount.
12.8 Gift Cards must be used within three years from the date of purchase. Expired Cards are non-refundable in whole or in part. After a voucher has expired, it is no longer valid, and all transaction attempts will be declined. Any unused value at the date of expiry will become the property of The Diggers Club.
12.8 The Diggers Club reserves the right to change or modify the terms of membership included within these Terms at any time without prior written notice at any time. The Diggers Club will make all reasonable efforts to communicate changes using such methods, including, but not limited to The Diggers Club magazine and the Diggers Club website.
13. Garden Visits and Events
13.1 The Diggers Club operates garden properties which are open to the public during specified times. Entry fees apply for non-members. Members receive free or discounted entry as specified in the current membership benefits.
13.2 Garden visitors must comply with any specific garden rules and regulations, which may be posted at garden entrances or on our website.
13.3 The Diggers Club reserves the right to refuse entry or ask visitors to leave if their behavior is deemed inappropriate, dangerous, or disruptive to other visitors.
13.4 While we take reasonable care to ensure the safety of our garden visitors, you enter our gardens at your own risk. The Diggers Club is not liable for any injury, loss or damage suffered while visiting our gardens, except to the extent that such injury, loss or damage is caused by our negligence.
13.5 Photography for personal use is permitted in our gardens. Commercial photography requires prior written permission.
13.6 For special events in our gardens, additional terms and conditions may apply and will be communicated at the time of booking.
14. Accommodation and Hospitality Services
14.1 The Diggers Club offers accommodation and hospitality services at select locations. Bookings for these services are subject to availability.
14.2 Payment for accommodation and hospitality services may be required in full at the time of booking or as otherwise specified.
14.3 Cancellation policies for accommodation and hospitality services will be clearly stated at the time of booking.
14.4 The Diggers Club reserves the right to refuse service or bookings at our discretion.
14.5 Guests using our accommodation and hospitality services must comply with any specific rules and regulations which may be posted at the premises or communicated at the time of booking.
14.6 The Diggers Club is not liable for any loss or damage to guest property while using our accommodation and hospitality services, except to the extent that such loss or damage is caused by our negligence.
15. Courses and Workshops
15.1 The Diggers Club offers various courses and workshops related to gardening and horticulture. Course bookings are subject to availability.
15.2 Payment for courses may be required in full at the time of booking or as otherwise specified.
15.3 Cancellation policies for courses will be clearly stated at the time of booking.
15.4 The Diggers Club reserves the right to cancel or reschedule courses if necessary. In such cases, participants will be offered a refund or the option to transfer to another course date.
15.5 Course materials provided are for personal use only and may not be reproduced or distributed without prior written permission from the Diggers Club.
15.6 Participants in courses and workshops must follow all safety instructions provided by course leaders.
16. Shipping and Deliveries
16.1 The Diggers Club ships plants, seeds, and gardening products throughout Australia, subject to quarantine restrictions and seasonal availability.
16.2 Shipping timeframes and costs will be clearly displayed at checkout. Delivery times are estimates only and may vary based on location and seasonal factors.
16.3 For bulk orders of over 30 plants, you will need to contact our customer service team for a quote on shipping costs.
16.4 The Diggers Club is not responsible for delays in delivery caused by third-party carriers, weather events, or other circumstances beyond our control.
16.4 Plants and perishable items are packed with care, but the Diggers Club cannot guarantee their condition upon arrival beyond what is required by Australian Consumer Law. Please inspect all deliveries promptly upon receipt. Any issues concerning perishable items should be reported to the Diggers Club customer service team within three days of receiving your order.
16.5 Certain plant materials cannot be shipped to some states and territories due to quarantine restrictions. The website will indicate any shipping restrictions at the time of purchase.
17. Returns
17.1 There are no returns for a change of mind.
17.2 If any good is faulty, not of merchantable quality, not fit for its intended purpose or does not match the description, then please contact us online or in-store and one of our customer service team will assist with your request.
17.3 Shipping fees are non-refundable.
17.5 For accommodation, garden visit, or course bookings, cancellation and refund policies will be clearly communicated at the time of booking.
18. Privacy
18.1 See the Diggers Club Privacy Policy. Your personal information will be handled in accordance with this policy as amended from time to time.
19. Current Promotions
19.1 Current promotions will be listed on our website and in our communications. Advertised prices valid for a limited time only, or while stocks last or unless otherwise stated. No additional discount can be applied to offers exclusive to members. Prices as marked. Excludes delivery fees and gift cards. Valid in-store and online.
20. Seasonal Considerations
20.1 Many of our products are seasonal in nature. The Diggers Club cannot guarantee the availability of all plants and seeds year-round.
20.2 Plant performance is subject to seasonal and environmental variations. The Diggers Club provides growing information as a guide only and cannot guarantee the performance of plants in all conditions.
20.3 Garden opening hours may vary seasonally. Please check our website for current opening times before planning your visit.