GENERAL TERMS OF USE
Last updated November 2020.
Thank you for using The Plant Based Living Hub. We offer an online hub that allows you to connect with plant based businesses throughout New Zealand. It’s also a place for you to learn about plant based living and it provides the tools you need to help you transition to a plant based lifestyle.
Acceptance of Terms
The website located at www.plantbasedlivinghub.co.nz (our Site) is owned and operated by us. By accessing this website, we assume you accept the following terms and conditions (Terms) in full including our Privacy Policy which you can read here. Please do not continue to use our website if you do not accept all Terms stated on this page. These Terms may be amended by us at any time, and by continuing to use our Site you accept the Terms as they apply from time to time.
Your Use of Our Site
You may view our Site and copy or download and print hardcopies of parts of our Site solely for your personal, non-commercial use only. Any other use, including the storage, reproduction, modification, distribution, transmission, re-publication, or display of the content on our Site is strictly prohibited. You must not use the content in a manner that suggests Plant Based Living Ltd or The Plant Based Living Hub promotes or endorses your, (or any third party that you are associated with), causes, ideas, web sites, products or services. You must not use the content in any way that is unlawful or harmful to any other person or entity. You must not modify or copy the layout of our Site (including the use of our site in iframes) or any computer software and code contained in our Site. You must not interfere with or disrupt our Site, including by transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature. You must not remove or modify any copyright, trademark or other proprietary rights notice on any materials printed or copied off our Site.
Risk and Business Contracts
You acknowledge and agree that our role is limited to facilitating access to our Site, and access to the websites of businesses and resources listed on our Site (Providers). We do not sell or provide products through our Site and are not a party to any contract between you and any Providers which are displayed or promoted on our Site. Your purchase of any products or services from a Provider displayed on our Site will be subject to their terms and conditions, including refund policies. We are not responsible or liable for any party’s compliance with the product terms or conditions and will not take any enforcement action on behalf of any party. Your purchase of products from Providers displayed or promoted on our Site is solely at your risk. We will not be liable to you or any third party for any loss arising from a product, or action of any Provider listed on our Site.
External Links
Our Site contains links to other websites owned and operated by third parties, which are not under our control. These links are provided as a convenience to you and the existence of such links on our Site is not an endorsement of any third party. We are not responsible for the content or material contained on websites (or other channels) to which these links point to.
TERMS OF USE FOR BUSINESS OWNERS
Thank you for using The Plant Based Living Hub. We offer an online hub that allows you to showcase your plant based businesses to people throughout New Zealand and the world. It’s also a place for people to learn about plant based living and it provides the tools they need to help them transition to a plant based lifestyle.
Overview
We work with 100% plant based businesses offering a paid subscription (Services).
We provide a profile of your business in a category relevant to your offering. The profile includes:
- a feature image that best depicts your business
- your logo
- a description of your business (your story)
- a gallery of images related to your business
- your contact information (if applicable)
- a map showing the location of your business (if applicable)
- a link to your website (if applicable)
- links to your social media channels (if applicable)
- other information about your business as deemed applicable
Depending on your subscription plan we also provide further promotion of your business via blog posts, our social media accounts, and other advertising/marketing channels. Please see our website for our pricing plan features.
Our Role
We act as an intermediary between users of our Site (Users) and businesses who list with us (Providers). Our role is limited to facilitating access to and use of the Site, including by taking feedback and improving our Site. We do not own, create, sell, resell, provide, control, manage, deliver or supply any services or products of any Provider on our Site. By accessing and using our Site, you acknowledge and agree that:
(i) we are not a party to or participant in any contractual relationship that may arise between you and other Users;
(ii) we are not acting as an agent in any capacity for any Users or Providers; and
(iii) we are not responsible for and have no control over the use of our Site by other Users or Providers.
We will endeavour to keep your profile up to date with information that is available in the public domain.
We currently work with 100% plant based businesses but we may, at our discretion at some point in the future, also include businesses who offer a 100% plant based option (aka vegan friendly) or businesses whose products contain bee products (e.g. honey or beeswax). These businesses will be clearly labelled.
Your Obligations
(a) You must:
(i) provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure that any written agreements between Plant Based Living Ltd and yourself bear your full legal name
(ii) advise us if your listing information changes at any time
(iii) notify us immediately if there is any change to your values or operations that may impact on your eligibility for listing on our Site (i.e. you no longer offer 100% plant based products/services)
(b) You represent and warrant that:
(i) you have the right, authority and capacity to agree to and abide by these Terms
(ii) we have no control over the conduct of Users or your interactions with them (whether in person or online)
(iii) we reserve the right to remove a listing from our Site at any time and for any reason without notice; and
(iv) you will use our Site in a manner consistent with any and all applicable laws, regulations and all Plant Based Living Ltd policies.
(c) We may from time-to-time send you text messages, push notifications and emails as part of the normal business operation of your use of our Site. You may opt-out of receiving these communications from us by contacting us.
Term
This Agreement shall be for a 12 month “Initial Term. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Plant Based Limited with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.
Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable,
(a) Plant Based Living Limited will not refund to you any fees paid in advance of such termination and
(b) you shall be required to pay 100% of Plant Based Living Limited’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to Plant Based Living Limited in the manner described in Term (above). Plant Based Living Limited may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Plant Based Living Limited terminates this Agreement, Plant Based Living Limited will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding any administration fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement – i.e. if you are found to be in breach of these Terms.
Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
Subscription Fee
You agree to pay for all fees attributable to your use of the Services at the then current Plant Based Living Limited prices, plus any applicable taxes. The prices quoted shall be New Zealand currency. Plant Based Living Ltd reserves the right to change the prices of our pricing plans at any time. We will notify you of the payment increase or decrease 30 days before your renewal payment is due. Our termination policy applies if you do not wish to continue with the amended price and wish to cancel your plan.
Payment
All charges for Services must be paid in advance according to the then current prices applicable to the Services. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorise Plant Based Living Limited to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Plant Based Living Limited of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Plant Based Living Limited from charging your account. Plant Based Living Limited may also create periodic invoices for any applicable supplemental charges associated with your use of the Services. You agree to pay to Plant Based Living Limited the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of ten percent (10%) per month shall also become payable by you to Plant Based Living Limited. In addition, your failure to fully pay any fees and taxes within fourteen (14) days after the applicable due date will be deemed a material breach of this Agreement, and Plant Based Living Limited may, in addition to any other remedy it may have:
(i) suspend its performance of the Services and/or terminate this Agreement; and/or
(ii) At the time of such non-payment, Plant Based Living Limited may, delete any and all content from the Plant Based Living Hub Site.
Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable legal fees, court costs and collection agency fees.
Consumer Guarantees Act Exclusion
You agree that the Services are acquired for the purposes of a business and that the provisions of the Consumer Guarantees Act 1993 are excluded in relation to the Services.
Dispute Resolution
If we are unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Entire Agreement
These Terms and all policies and guidelines incorporated in these Terms by reference constitutes the entire and exclusive understanding and agreement between Plant Based Living Hub Ltd and you. These Terms supersede and replace any and all prior oral or written understandings or Agreements between Plant Based Living Hub Ltd and you regarding the Site.
No Waiver
No waiver of rights under this Agreement shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Confidentiality
While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.
FURTHER TERMS OF USE – APPLICABLE TO GENERAL USE AND BUSINESS OWNERS
Intellectual Property Rights
In these Terms, Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, software, domain names, and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application. Plant Based Living Ltd own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in our Site or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Site. Your use of and access to our Site does not grant or transfer any rights, title or interest to you in relation to the material on our Site. All the trademarks, trade names, business names, images and logos identified and utilised on our Site belong to their respective owners and are used by us as either owner or licensee. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Site without the prior written consent of Plant Based Living Ltd. All rights not expressly granted in these Terms are reserved to Plant Based Living Ltd.
If you are a Provider and provide us with your logo, trademark or other images (Marks) to include with your listing, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, copy, publish and display such Marks in connection with the use of our Site as a business owner. You are solely responsible for any Marks and indemnify us against any claims from third-parties that the Marks infringe any of their intellectual property rights.
Exclusion and Limitation of Liability
To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
- your use or inability to use our Site
- if you are a User, your use of a Provider’s Services (i.e. businesses or resources listed on our Site), any errors or delay in the provision of a Provider’s Service or quality issues with a Provider’s Service
- if you are a Provider, your provision of your Services
- any interactions between Users of our Site
- the conduct of other Users of our Site
- any User of our Site breaching or failing to comply with any applicable laws
- any Provider providing services which are not fit for purpose or consumption, that could or does result in loss, injury or death
- any User of our Site or Provider breaching or failing to comply with these Terms and any applicable terms and conditions; and
- unauthorised creation, access or use of your personal information, account or your content, even if we have been advised of the possibility of such loss.
To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
The Consumer Guarantees Act 1993 may apply to any Services we provide to you if you acquire these Services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
Disclaimer
To the fullest extent permitted by law, you agree and acknowledge that:
- our Site is provided “as is” and “as available” and the entire risk arising out of your use of our Site remains solely with you. We give no warranty, guarantee or representation about the accuracy, reliability, or timeliness or otherwise of our Site, the content displayed on our Site or Third Party Links.
- we do not endorse and are not responsible for any content provided by third parties (i.e. Providers or resources)
- we retain complete control over our Site and may alter, amend or cease the operation of our Site at our sole discretion
- we make no warranty or representation that any result or objective can or will be achieved or attained by accessing our Site
- we make no warranty or representation that our Site will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times
- we may remove any content, material and/or information without giving any explanation or justification for removing the material and/or information
- we are not responsible or liable for the conduct of any User. We reserve the right to monitor or become involved in any dispute between you and another User
Jurisdiction
These Terms will be governed by the laws of New Zealand any action relating to these Terms must be brought in the courts located in New Zealand, and you irrevocably consent to the jurisdiction of such courts.
Severability
If any provision of these Terms is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Terms shall remain in full force and effect. If any provision of these Terms is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
Amendments to Our Terms
We may, from time to time, amend these Terms. Any changes will be effective immediately upon the updating of these Terms on our website. Following any changes, should you continue to use our Site, it will be deemed that you have agreed to such changes.
Indemnity
You will defend, indemnify and hold harmless Plant Based Living Limited and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an “Indemnitee”) from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys’ fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to:
(i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline;
(ii) your conduct, including but not limited to your negligence, gross negligence, or wilful misconduct;
(iii) your use of our Site, including any improper or illegal uses;
(iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement; or
(v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
