Welcome to this website which is owned by Plant Strong Living Limited (“the Site”). Throughout the Site, the terms “we”, “us” and “our” refer to Plant Strong Living Limited. We offer this Site (including all information, tools and services available on it) to you conditioned upon your acceptance of all terms set out below.
USING OUR WEBSITE
1. Welcome to this website which is owned by Plant Strong Living Limited (“the Site”). Throughout the Site, the terms “we”, “us” and “our” refer to Plant Strong Living Limited. We offer this Site (including all information, tools and services available on it) to you conditioned upon your acceptance of all terms set out below.
2. By accessing or using any part of the Site, whether or not you are purchasing products or services from us, you agree to be bound by the following terms, plus all additional terms and policies referred to elsewhere on the Site and/or available by hyperlink (“the Terms”). The Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
3. Any new features or tools which are added to the Site shall also be subject to the Terms. We reserve the right to update or change any part of the Terms by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
4. We may also, in the future, offer new services, products and/or features through the Site (including, the release of new tools and resources). Such new features, products and/or services shall also be subject to these Terms.
5. We may remove the Site or our services for indefinite periods of time or cancel the service at any time, without notice to you.
6. By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction and you have given us your consent to allow any of your minor dependents to use the Site.
7. You may not use our products or services for any illegal or unauthorised purpose nor may you, in the use of our products or services, violate any laws in your jurisdiction (including but not limited to copyright laws). Unless otherwise agreed, you may not purchase products through the Site for the purpose of resale.
8. When using this Site, you must not submit false or misleading information, upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet. You must not collect or track the personal information of others to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose. You must note interfere with or circumvent the security features of the Site, other websites, or the Internet.
9. You are prohibited from using the Site or its content to infringe upon or violate our intellectual property rights or the intellectual property rights of others. All right, title and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the Site and its contents and all recipes designed by us is owned by, and shall at all times remain the exclusive property of Plant Strong Living Limited and the providers of any other products and services accessible through the Site, and is protected by New Zealand and international law. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our products or services, without our prior written permission
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
10. We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk.
11. The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
12. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
13. We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
ORDERING & DELIVERY OF PRODUCTS
14. You can choose to make a one time order of a food box, or choose to have a weekly regular delivery, referred to as a subscription, on the following terms:
a. Subscriptions constitutes an order for an ongoing and regular purchase and delivery of Boxes selected and will, subject to the rights to skip and terminate set out in the Terms, continue indefinitely.
b. You can choose to suspend an order (for a set time) or cancel indefinitely.
c. The cut off day and time for ordering, or skipping or removing an order is on the Monday at 2400 hours (midnight) the week before the relevant Delivery Date.
d. The cut off day and time for suspending or cancelling and order is Sunday at 2400 (midnight) the week before the next delivery (8 days notice).
e. Deliveries are made on a Tuesday for Dunedin/greater Dunedin customers or Wednesday for the rest of Otago.
15. Where you have skipped or removed your order, and we contact you via text message, you are able to reinstate your deliveries through by texting or emailing us.
16. You are liable for every order made under your login which has not been removed or skipped pursuant to the Terms.
17. We shall be entitled to assume that any person accepting delivery of the products is either you or someone that is authorised to do so on your behalf. Deliveries will be made to the delivery point you nominated when your ordered the products. We always aim to deliver on time but may from time to time be delayed and shall not be liable for failure to deliver on a timely basis.
18. Ownership, responsibility and risk in the products shall pass to you on delivery to the delivery point you nominated when you ordered the products.
PLANT STRONG LIVING DISCRETION
- Has the absolute discretion to refuse the registration of potential customer for any reason;
- Has the absolute discretion as to whether an order placed through its website is accepted or fulfilled. Plant Strong Living can cancel an order for any reason whatsoever.
PRODUCTS OR SERVICES
19. We may limit the sales of our products or services to any person, geographic region or jurisdiction, on a case-by-case basis. We may modify, discontinue or limit the quantities of any products or services that we offer at any time. All descriptions and prices of products are subject to change at any time without notice, at our sole discretion.
20. We shall not be liable to you (or to any third party) for any modification, price change, suspension or discontinuance of a product or service.
21. Certain products or services may be available exclusively online through the Site. These products or services are subject to return or exchange only according to our Return Policy.
22. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
BILLING AND ACCOUNT INFORMATION
23. We may refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
24. You must pay by credit card. The Site does not accept any other form of payment. We will invoice you via email. If your credit card is declined by its financial institution or fails to process a payment will be deducted, we may decline to deliver the relevant order and/or we will contact you to make alternative payment arrangements. We may refuse to accept payment from you by credit card for any reason whatsoever.
25. If you are invoiced an incorrect amount for any product ordered, we will refund you, the necessary adjustment amount to reflect the correct amount which should have been invoiced. You are liable for all costs associated with debt collection where you default in payment for any order.
26. You agree to provide current, complete and accurate purchase and account information for all purchases made at this Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
27. You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
28. The prices are for our products and services are listed on the Site. The prices of the inclusive of GST (if any). Where additional delivery costs are applicable, these costs will be clearly indicated during the order process. Delivery costs are inclusive of GST. All amounts are in New Zealand dollars.
29. Plant Strong Living reserves the right to change prices of its plans during the term of this agreement. You will be notified of any price change via email 14 days prior to the change taking effect.
PRODUCTS, SERVICES, TOOLS FROM THIRD PARTIES
30. We may provide you with access to third party tools over which we neither monitor nor have any control nor input. You agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of such tools. Your use of such tools is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s).
31. Certain content, products and services available via our services may include materials from third parties. Third party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.
32. The Site is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
YOUR COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
33. If you send comments at our request (for example, contest entries) or, without a request from us (for example, suggestions, proposals, plans or other materials) whether online, by email, by post or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain any such comments in confidence (subject to our privacy obligations set out below), to pay compensation for any comments or to respond to any comments.
34. We may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
35. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website.
36. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
37. We do not guarantee, represent or warrant that your use of the Site or our services will be uninterrupted, timely, secure or error-free.
38. The recipes selected for use within the food boxes are not designed to cater for allergies or specific or cultural dietary requirements. You must take care and have all responsibility for checking the ingredients we supply. If in doubt please contact us prior to your order.
39. You may express any particular dietary requirements at the point of checkout which we will endeavour to cater for, however we will contact you if we are unable to fullfill those requirements.
40. You have statutory rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded or limited in any way, subject to those rights all representations, terms, warranties, guarantees, or conditions whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions are excluded to the fullest extent permitted by law. You acknowledge that you do not rely on any representation or statement made by us or on our behalf other than the express provisions of these Terms. You must ensure that the products are not used for any purpose for which they are not suitable and you are responsible for using all necessary skill and care in handling and using them. You expressly acknowledge and agree that we do not assume any obligation or liability for any for any advice given, and that all such Products are accepted by you entirely at your risk.
41. Under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 our liability to you cannot be excluded or limited in any way. Subject to those Acts, our liability whether in contract, tort or otherwise for any loss, damage or injury arising directly or indirectly from any defect in, or non-compliance of, a product or any other breach of our obligations relating to the products under the Terms shall not in any event exceed an amount equivalent to the price of the relevant product. Also, subject to those Acts, we will not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising from or in relation to your use of, or inability to use, the Site, or the delivery or failure to deliver any products.
42. You agree to indemnify, defend and hold harmless us and, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
43. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
44. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
45. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof).
46. We reserve the right to refuse or suspend the supply of services or products to anyone for any reason at any time. We may bar you from the Site.
47. The Site contains applications which collect personal information about you. We will only use this information to the extent authorised by you, and will only disclose it in the manner set out below. In using the Site, you authorise us to collect, retain and use your personal information for the purposes of:
a. processing your registration application;
b. assessing your credit-worthiness;
c. undertaking any dealings or transactions with you;
d. enforcing any legal or other rights we may have against you in any manner that we see fit;
e. sending you any advertising or promotional material;
f. enhancing the Site so that we may offer you a better, more personalised and tailored service; and
g. instructing our third party delivery agents.
48. In using the Website you further authorise us to collect personal information about you from any other source available to us including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.
49. The Website may use ‘cookies’. Cookies are an element of data that the Site can send to your browser, which may then store it on your system. To use the Site you do not necessarily need to enable your browser to accept cookies, although some information/services may not be available if you disable your browser not to accept cookies.
50. You have the right under the Privacy Act 1993 to access and request to update and/or correct your personal information we hold. If you do so, you agree to pay us any reasonable charges we request in relation to time and attendances involved in complying with your request in this regard.
51. We will use our reasonable endeavours to prevent any unauthorised entry into the Site. However, we will not be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorised access. You must keep your Login details safe and confidential at all times.
52. If our performance of our obligations under the Terms is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, accident, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government or government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever beyond our reasonable control), we will be excused from such performance to the extent of such prevention.
53. If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
54. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
55. These Terms constitutes the entire agreement and understanding between you and us and govern your use of our products and services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
56. These Terms shall be governed by and construed in accordance with the laws of New Zealand.
57. Questions about the Terms should be sent to us at email@example.com