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Terms and Conditions

EvergreenConnect Terms and Conditions of use

EvergreenConnect’s terms and conditions of use are our contract with our subscribers. They include our commitment to you and your obligations as a subscriber.

Introduction

Welcome to EvergreenConnect! We’re pleased to have you as an EvergreenConnect subscriber, one of thousands of like businesses interacting in the greenlife industry in Australia/New Zealand but while using EvergreenConnect, we need you to abide by our terms and conditions.

Please read through our terms and conditions, these are your legal rights and obligations. If you don’t agree to our terms, then you can’t use our services. Payment of your subscription is your acceptance of these terms and conditions.

Last updated on 21 September 2026

Joining and using EvergreenConnect

1. You and EvergreenConnect: When we refer to “you” or “your,” we mean both you individually and any entity or firm you are authorised to represent. When we refer to “EvergreenConnect,” we are referring to the EvergreenConnect entity with which you have a contract and to which you make subscription payments. The EvergreenConnect entity includes both the website and the EvergreenConnect App available through the App Stores.

2. Our services: Our services consist of all the services we provide past, present or future.

3. Subscribing to EvergreenConnect: You become a subscriber when your business is approved and set up with a login. All businesses will have a Primary User. To open or maintain your subscription you must be:

  • A registered business and either:
    • A supplier of Greenlife or associated products.
    • A regular trade purchaser of greenlife products.
    • A landscape architect, arborist or similar requiring knowledge of which greenlife products exist in the market place for design purposes which from your actions will likely result in those plants being purchased from an EvergreenConnect Supplier.

EvergreenConnect at our discretion may allow paid or unpaid accounts if in our belief it is beneficial to the long term benefit to industry (commonly training institutions/industry associations) or our customers in general.

Any subscribers by result of changes in their business that don’t meet these criteria will not be renewed at the end of their subscription period.

4. The right to use our services: While your business maintains a subscription to EvergreenConnect, we grant your employees the right to use our services (based on your subscription type, user roles, and access levels) for as long as the subscription is active, until it is terminated, or—if you are a sub-account—until your access is revoked by the business.

5. Your role as a Subscriber: As a subscriber you take responsibility for fully controlling how your subscription is managed and who can access it. You’re responsible for all your user’s activity and behaviour when interacting with your own business or any other EvergreenConnect subscribers. You’re responsible for ensuring that all users understand our terms and conditions of use.

6. User responsibilities – general: You are required to ensure that your business information associated with your EvergreenConnect account is accurate and kept up to date. If your subscription includes stock listing functionality, you are encouraged to maintain accurate and current stock information. You are solely responsible for the use of your EvergreenConnect account and for preventing unauthorised access. The creation of sub-accounts or provision of access to individuals outside your organisation is not permitted without prior written consent from EvergreenConnect. You must take all reasonable steps to protect your username and password from theft, loss, or misuse. EvergreenConnect makes no warranties regarding the accuracy or completeness of any data once downloaded from the platform. You are solely responsible for verifying the accuracy and suitability of downloaded data for any external use.

7. Users acceptance of terms: Any user (primary or sub-account) granted access to your account is deemed to have also accepted these terms of use.

8. User roles and access: As a user (Primary or Sub-account) with permissions to add others onto your subscription, it’s important to understand the permissions you’re granting to invited users. Please refer to the information about user roles and levels of access on EvergreenConnect.

9. EvergreenConnect pricing: Using our services requires you to pay a subscription fee based on your subscription requirements. Subscription fees are generally yearly but by negotiation can be set to Monthly, Quarterly or Half Yearly at the discretion of EvergreenConnect. We may update or amend our pricing from time to time. Changes to pricing won’t apply retrospectively and, will only occur on you next billing period.

10. Free accounts: EvergreenConnect at our discretion may offer free trial periods or other offers. Subscribers under a free trial period or other offer must also abide by our terms and conditions of use.

11. Listed plant Pricing: Whilst everyone strives to have accuracy in pricing, mistakes do occur. Growers listing products have the right to amend their pricing prior to sales. If this should occur, how they communicate any changes is at the discretion of the growers. EvergreenConnect accepts no liability for incorrectly listed pricing regardless of the method of data updating. All pricing is generally listed as exclusive of GST and Freight, but this is at the discretion of the individual grower.

12. Subscription Payments: To continue accessing our services, any invoices issued to you need to be paid within the listed credit terms. If we don’t receive your payment by the due date, we may suspend access to your subscription until the payment is made. To avoid confusion all subscribers are required to put their invoice number as a reference when paying your bill, failure to do this may result in EvergreenConnect unable to correctly reconcile your payment and your subscription may be suspended accidentally. If you account is suspended you will need to pay the amount owing, any penalties that apply and notify us that the payment has been made so we can reactivate your account. NB. Payment of your account does not automatically re-activate your account, this is a manual re-activation and make take 24-48 business hours to reactivate so it’s better for all if invoices are paid on time.

13. Subscription period: Your subscription continues for the period covered by the subscription fee paid or payable.

14. Automatic renewal: At the end of each billing period, these terms automatically continue for a further period of the same duration as the previous one, provided you continue to pay your subscription.

15. Limitations: Our lowest supplier subscriptions do have some data limitations, limiting the number of lines you can list. This is made clear if it applies.

16. Free of Charge services: Some new development or beta services we may offer free of charge. Because of the nature of these services, you use them at your own risk. These terms and conditions still apply to Free of Charge services.

17. Modifications:We constantly release new updates and enhancements to our website. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, or on our website). Your subscription to EvergreenConnect is based on an “as is” basis. Whilst we constantly receive feedback from our customers, modifications and timelines are solely at the discretion of EvergreenConnect.

18. Problems and support: If you have a problem, we have excellent support through our wiki which is bookmarked across the EvergreenConnect site and appears as a “?” wherever there is written support. Most support pages have both written and video content which should provide answers for most questions. We also have support both by email or phone during business hours. You can always contact us through our “contact us” or “support” options or you’re welcome to email support@evergreenconnect.com.au as you wish. At times we may run free online seminars which are advertised and you’re welcome to attend. Whilst most support provided by EvergreenConnect support staff is free of charge it is not an entitlement, and we are not obliged to provide it for free. If it appears on your invoice as “Free Support” then it is guaranteed for you current subscription period otherwise it is at the discretion of EvergreenConnect. Generally any support requests taking less than an hour will be free, anything over an hour is considered training and likely to be charged for at the discretion of your account manager or support provider. If you are going to be charged for support our support team will let you know in advance. The following exceptions apply:

  • If your account is overdue all support will be charged and you may be required to prepay.
  • Any data re-installation that is needed due to customer fault.
  • Additional data uploading from customers not supplying accurate and complete data in their original data files.
  • Excessive data upload requests or poorly formatted data requiring additional manipulation for input.
  • Problem solving on behalf of customers requiring IT support staff for problems not related to EvergreenConnect changes.
  • Additional training and support due to a lack of inhouse training through the customers organisation post setup and establishment.
  • Additional work required from EvergreenConnect employees where such work could reasonably be expected to be completed by the customer.
  • Remediation of data due to poor workplace procedures within an organisation causing errors that need to be resolved.
  • Other causes other than the above that is clearly the result of customer negligence.

19. Our ownership: We own all content on the EvergreenConnect website, except for customer data. This includes rights to the design, layout, and overall look and feel of our services, as well as all copyrighted materials, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify, or create derivative works from any of our content, nor use our intellectual property in any manner not expressly authorized by us.

20. Your ownership: You own all your own content. EvergreenConnect does not claim any right to your data. For further information for confidentiality of your data refer to Clause 24 Confidential Information and for your options upon termination refer to Clause 37 data retention.

21. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; send you information we think may be of interest to your subscription and business type. Your data is not disclosed to any third-party service providers apart from those necessary for fundamentally maintaining us to provide the services we offer, notably, but not restricted to, our web developers and Hosting companies. A full list can be supplied on request.

22. Anonymised statistical data: When you use our services, we may gather anonymised statistical data from the combined data of our subscriber base and use such statistical data for our own purposes, such as improving or developing new services and product offerings.

23. Privacy: We respect your privacy and take data protection seriously. In addition to these terms, our privacy policy is available on the EvergreenConnect website. Click here to access our privacy policy. Personal data you enter about others such as but not limited to names, phone numbers, email addresses of your contacts is also covered under the same terms as your own personal data.

24. Confidential information: EvergreenConnect considers all your data confidential. We take all reasonable steps to maintain and protect your confidential information. Your data is not disclosed to any third-party service providers apart from those necessary for fundamentally maintaining us to provide the services we offer, notably, but not restricted to, our web developers and Hosting companies. A full list can be supplied on request.

25. Security safeguards: We have implemented technical, physical, and administrative safeguards to help protect your data and ensure its security. While we’ve taken reasonable steps to secure your data, no method of electronic storage is entirely risk-free, and we cannot guarantee absolute security. If we believe someone has gained (or may attempt to gain) unauthorised access to your account, we may notify you and restrict access to certain parts of our services until we verify that the access was authorised. We recommend that all users maintain strong passwords and enable two-factor authentication on their accounts for added security.

26. User responsibility – security: You are responsible for maintaining the confidentiality and security of your login credentials. Login details must not be shared with any other individuals or organisations without prior written approval from EvergreenConnect. You must ensure that all account permissions are appropriately configured and that strong, unique passwords are used. Avoid password patterns that could be easily guessed by past users.
If you suspect any unauthorised use of your login credentials or any breach of account security, you must notify EvergreenConnect immediately. We strongly encourage the use of two factor authentication to further secure your account.

27. Data breach notifications: If there has been unauthorised access to data that you’ve entered into EvergreenConnect, we’ll let you know and, where possible, give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data you have entered in your EvergreenConnect subscription. If you require more information, please request our data breach policy.

28. Other services: Our mobile app is available through other companies’ services, such as The Apple App Store or Android store. These companies may have additional terms that apply to you.

29. Use of your data to connect you to third party products: If you choose to connect your subscription to third-party products, (eg. shopify, Square) we will use your personal data for that connection. Where we receive data as a result of that connection, we will use that data in line with our privacy noticeand these terms.

30. Access: We strive to keep our website consistently available, but there may be times when this is not possible. As with all cloud-based services, we are reliant on our service providers, and any issues upstream can impact our ability to deliver uninterrupted service. Our hosting is provided by AWS, and our uptime exceeds 99%. Most updates are carried out overnight without taking the site offline, but occasionally, during major updates, we may need to temporarily take the site offline to ensure a smooth launch. We aim to minimize any such downtime. For planned maintenance, we will make every effort to notify you in advance and provide an estimate of the expected downtime. Major updates are always scheduled outside of business hours.

31. Data loss: Data loss is an unavoidable risk when using any technology. EvergreenConnect and our service providers take all necessary steps to prevent this from happening with appropriate backups. If you need further information, contact us about our backup and retention policy. Your data can be exported out of EvergreenConnect, for you own peace of mind you’re welcome to download your data as you see fit and store it appropriately. We are not liable for loss of your data other than in accordance with Clause 38 of these terms.

32. Compensation for downtime: We do not provide compensation in the event of any system-wide downtime of our services.

33. Activities not permitted. Any of these will result in a non-refunded cancellation of your service.

  • Undermine the security or integrity of our computing systems or networks.
  • Use automated scripts, bots, scrapers, or any manual or automated means to access, collect, or extract data from Evergreen Connect without our prior written authorisation.
  • Use our services in any way that might impair functionality or interfere with other people’s use.
  • Access any system without permission.
  • Introduce or upload anything to our services that includes viruses or other malicious code.
  • Share anything that may be offensive, violates any law, or infringes on the rights of others.
  • Compromise your own security by deliberating sharing or not properly protecting your logins and passwords.
  • Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
  • Resell, lease or provide our services in any way not expressly permitted through our services.
  • Repackage, resell, or sublicense.
  • Commit fraud or other illegal acts through our services.
  • Act in a manner that is abusive or disrespectful to an EvergreenConnect employee, partner, or other EvergreenConnect subscriber. We will not tolerate any abuse or bullying of EvergreenConnect employees in any situation and that includes interaction with our support teams.
  • Deliberately misrepresent your ability or willingness to conduct business in an ethical manner including but not limited to payments to other EvergreenConnect subscribers.

34. Termination by you: You may choose to terminate your subscription at any time by emailing us.

35. Termination by EvergreenConnect:EvergreenConnect may choose to terminate your subscription at any time by providing you with one month’s written notice in advance. Email is acceptable as written notice. EvergreenConnect may also terminate or suspend your subscription or access without warning to all or any data either immediately or by not renewing your annual subscription if:

  • you breach our terms and conditions, or we have reason to believe that you have or intend to.
  • No longer fit the criteria outlined in Clause 3 of our terms and conditions.
  • you or your business becomes insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors or become subject to any similar insolvency event in any jurisdiction.
  • If you fail to pay your subscription by the due date – You can reactivate your subscription by paying any outstanding subscription fees in full and emailing us to let us know you require your subscription to be re-activated.

36. No refund: No refund is due to you if you terminate your subscription or EvergreenConnect terminates it in accordance with these terms. You can transfer your subscription period to a new owner. (There may be some additional fees for data migration depending on account type which will be billed to the new owner.)

37. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish. If you need your data, you can export any of your data prior to your subscription being terminated. If you need us to extract your data on your behalf charges will apply.

38. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us arising from your use of our services or any third-party product, except for losses arising from:

  • a breach of these terms by EvergreenConnect, its employees, contractors or agents, or
  • any gross negligence, wilful misconduct, fraud or material error that was solely the responsibility of EvergreenConnect, its employees, contractors or agents.

For this indemnity, EvergreenConnect will take reasonable mitigation measures where possible.

39. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the rights you have under the laws in the country where you live, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.

40. Limitation of liability: Our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:

We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.

For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.

Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Regardless of the above, our liability to you will not be limited if we aren’t legally allowed to limit it. Some examples of this might be if your loss came from our gross negligence, fraud or wilful misconduct.

41. Dispute resolution: Most concerns can be quickly addressed to everyone’s satisfaction by contacting our support team at support@evergreenconnect.com.au. If we are unable to resolve your complaint to your satisfaction—or if a dispute remains unresolved after informal attempts—we both agree to resolve any such disputes through binding arbitration or, if applicable, small claims court, rather than through general jurisdiction courts. Where permitted by the laws of the country in which we provide services, both parties agree that disputes must be resolved individually and not as part of a class action or representative proceeding. You are solely responsible for resolving any disputes with other subscribers or invited users.

42. No professional advice: EvergreenConnect does not provide professional advice on running a nursery or any related green life business. While we may offer information that could help you manage your business, particularly in relation to using our services more effectively, this should not be considered a substitute for professional advice. We are not liable for any decisions you make based on this information.

43. Events outside our control: We strive to manage what we can control, but we are not liable for any failure or delay in fulfilling our obligations under these terms due to events or circumstances beyond our reasonable control.

44. Notices:Any notice you send to EvergreenConnect must be sent to support@evergreenconnect.com.au. Any notices we send to you will be sent to the email address you’ve provided us through your subscription.

45. Relationship between the parties: Nothing in these terms should be interpreted as creating a partnership, joint venture, employment, or agency relationship between you and us, or between you and any other subscriber or user.

46. Changes to these terms: We may occasionally update these terms of use. Any changes will not apply retroactively. We will notify you of any updates by posting them in our latest news section on the website for at least twenty days. If you find any modified terms unacceptable, you may terminate your subscription using the prescribed termination process.

47. Enforcement of terms: If any provision of these terms is found to be unenforceable by either party, that provision will be disregarded, but the remaining provisions will continue to be enforceable.