When these Terms apply

1. These Terms apply to the Free Trees Pack you may collect from Logan City Council and form the basis of our agreement with you. Please read and understand these Terms before collecting your Free Trees Pack. 
2. If there is anything you do not understand in these Terms or if you do not agree with these Terms, you may not collect a Free Trees Pack.
3. By collecting a Free Trees Pack, you acknowledge that you have read and accepted these Terms.
4. We may vary these Terms at any time by posting an updated version to our Website.

Definitions

1. In these Terms, the following definitions apply:
   1. Collection Point means a location from which a Free Trees Pack may be collected from Council as notified on our Website.
   2. Council, we, us, our means Logan City Council and its officers, employees, contractors and agents.
   3. Eligible Property Owner means owners of residential properties, and schools, and community organisations occupying Council controlled land within Logan City.
   4. Free Tree Distribution Scheme Policy means Council's policy available at Free Tree Distribution Scheme Policy (PDF 165 KB)
   5. Free Trees Pack means, for each financial year, a pack of 3 standard sized garden plants or the school and community organisations pack of no more than 50 standard sized garden plants as described on our Website and in Council's Free Tree Distribution Scheme Policy.
   6. Free Trees Program means Council's program for providing a Free Trees Pack to Eligible Property Owners, schools and community organisations in the City of Logan in accordance with Council's Free Tree Distribution Scheme Policy.
   7. Terms means these Free Trees Program Terms and Conditions.
   8. Website means Council's website at Free trees as amended and updated from time to time. 
   9. You, your means you, the Eligible Property Owner collecting the Free Trees Pack, and any other person you authorise to collect the Free Trees Pack for you.
2. The headings are for information only and do not affect the interpretation of these Terms.

Free Trees Program

1. A Free Trees Pack may be available for Eligible Property Owners in the City of Logan. 
2. The Free Trees Pack is subject to availability and is provided on an "as is" basis. We do not guarantee the availability of a Free Trees Pack for all Eligible Property Owners.
3. We reserve the right, in our sole discretion, to:
   1. determine that a person is not eligible for a Free Trees Pack for any reason, including, but not limited to, a breach of these Terms; and
   2. terminate the Free Trees Program at any time, for any reason.

Your responsibilities

1. You may only collect a maximum of one Free Trees Pack each financial year.
2. You must bring a current, original rates notice as proof of eligibility.  If you receive your rates by email, you can show the notice on your phone or other device.
3. By collecting a Free Trees Pack you:
   1. accept and agree to these Terms;
   2. agree that you collect and use the Free Trees Pack at your own risk;
   3. warrant that, if you are collecting a Free Trees Pack on someone's behalf, you have that person's consent to provide their personal information to Council for the purposes of collecting a Free Trees Pack and that person has read and accepted these Terms;
   4. agree to take full responsibility for the trees in the Free Trees Pack; and
   5. acknowledge that Council is not liable to you in relation to the trees in the Free Trees Pack to the fullest extent permitted by law.
4. If you choose to plant the trees in the Free Trees Pack on your property, you take full responsibility for those trees under relevant laws, including your obligations as a "tree keeper" under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld) as amended and updated from time to time.
5. The Free Trees Pack is available to you for your personal use only. You may not sell the Free Trees Pack or any of the trees in the Free Trees Pack.
6. All persons attending a Collection Point must comply with Council's COVID-Safe Plan and any directions from Council regarding this plan.

Privacy

1. In order to confirm your eligibility for the Free Trees Pack, we may need to collect and store certain personal information about you including your name, property address, phone number, email address and the Free Trees Pack you have collected. This information may be collected and retained to enable us to issue the Free Trees Pack to you and for determining demand for future Free Trees Programs. By accepting these Terms, you authorise the use of such personal information for these purposes as they apply to you.
2. All personal information is collected and stored in accordance with the provisions of the Information Privacy Act 2009 (Cth) and our Information Privacy Policy (PDF 293 KB). Please refer to this policy for details of how to access and/or correct such information.

Liability and Indemnity

1. To the maximum extent the law permits, Council is not liable to you for any damage to your property or other people's properties in connection with or related to the use of the Free Trees Pack.
2. Under no circumstances is Council liable to you for any lost profits, lost opportunity, loss of reputation or any indirect or consequential loss.  In addition, we will not be liable to you for any part of any cost, expense, loss or damage suffered by you which is caused:
   1. by your acts or omissions in respect of the Free Trees Pack or the acts or omissions of other recipients of the Free Trees Pack; or
   2. otherwise in excess of what an ordinary person in a like situation would suffer, or which is caused by circumstances unique to your situation.
3. You are liable to us, and you indemnify us, for any cost, expense, loss or damage suffered by us in connection with any death or personal injury of any person or any damage to any real and personal property directly or indirectly caused or contributed to by you in relation to your use of the Free Trees Pack.
4. To the maximum extent the law permits, in the case of any guarantees, warranties or conditions implied into these Terms by the Competition and Consumer Act 2010 (Cth), Council limits its liability to, at its election:
   1. replacing the goods or supplying equivalent goods to you; or
   2. paying for having the goods replaced or resupplied to you.

Governing Law

1. These Terms are subject to the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland located in Brisbane.