TERMS & CONDITIONS
Planitree Terms and Conditions
Planitree is an online marketplace application which aims to accelerate the adoption of green building solutions.
These terms and conditions (Terms) are entered into between Planitree [ACN 642 329 762] (we, us or our) and you, together the Parties and each a Party. These Terms include our privacy policy.
We provide the marketplace as a platform where customers (buyers) can purchases goods and services from Vendors (sellers) or where Vendors who wish to provide services (Vendors) and customers looking to engage a Vendor to provide a service (Customers) can connect and transact (Platform). The Platform is available through the Planitree Website or other associated channels such as mobile apps or web apps, which are to be construed as a whole, as the Platform.
In these Terms, you means (as applicable)
If you are using the Platform on behalf of your employer or a business entity, you represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
ACCEPTANCE
You accept these Terms by checking the box on the Platform indicating your acceptance.
You must be over 18 years old to use the Platform. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.
If you are a parent or legal guardian allowing a minor to access and/or use the Platform, you agree to: (1) supervise the minor’s use of the Platform, (2) assume all risks associated with, and liabilities resulting from, the minor’s use of the Platform, (3) ensure that the content on the Platform is suitable for the minor, (4) ensure all information submitted to us by the minor is accurate and (5) provide the consents, representations and warranties contained in these Terms on the minor’s behalf.
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service, as they may be updated or amended, from time to time.
MARKETPLACE PLATFORM OVERVIEW
The Platform is a marketplace where Customers and Vendors can find each other and buy and sell goods and/or services online. We provide the Platform to users (including hosting and maintaining the Platform), assist Customers and Vendors to form contracts for the supply of goods and/or services and process payments between Customers and Vendors, and provide promotional opportunities for Vendors (together the Planitree Services). You understand and agree that we only make available the Planitree Services. We are not party to any agreement entered into between a Customer and a Vendor and we have no control over the conduct of the Vendors, or provide any warranties as to the suitability and applicability of the products or services that you purchase from the platform.
A Vendor wanting to provide goods and/or services creates an account on the Platform and posts an accurate and complete description of the goods and/or services they can provide including details such as their qualifications, licences, previous experience, location, opening hours and their availability for bookings where applicable (Vendor Profile). A Vendor Profile may also include a Store page through which the vendor may advertise and sell their goods (Store). A Vendor’s Store Page must be populated by the Vendor with images and descriptions of the goods for sale, including shipping, prices and GST details. By creating Vendor Profile and/or a Store Page, the Vendor confirms that it is legally entitled to and capable of supplying the goods and/or services described in that Vendor Profile and/or a Vendor Ecommerce Page. Vendors must include all additional terms and conditions relating to their goods and/or services in their Vendor Profile and/or Vendor Ecommerce Page (including, without limitation, any warranty information), or must clearly state that there are additional terms and conditions and where these can be accessed.
A Customer wanting to buy goods and/or services may use the Platform to view, search and browse matched Vendor Profiles, Vendor Ecommerce Page, the goods and services they offer and make general enquiries with us.
A Customer may submit a request for good and/or services by:
COMMUNICATION
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Customers and Vendors can communicate privately using our enquiry form or offline using the contact details displayed on the Vendor Profile or as included in any enquiry form or Booking. Customers and Vendors must not use the contact details to organise the provision of the goods and/or services off the Platform.
ACCOUNTS
A Vendor must register on the Platform and create an account (Account) to access the Platform’s Vendor features.
A Customer must create an Account on the Platform to request goods and/or services described in a Vendor Profile or on a Vendor Ecommerce Page.
You may only have 1 Account as a Vendor and 1 Account as a Customer on the Platform.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Customer, you must provide basic information when registering for an Account including your name, email address, telephone number and you must choose a password.
If you are a Vendor, we will review your request for an Account before approving the request. We may request additional information, your business entity details, and any relevant qualification details, licence details or evidence of insurances. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including cancellation history, quality of the services, or threshold of reviews.
MAKING PAYMENTS
Customers: Customers do not pay fees to receive access to the platform
Marketplace Fees and Charges: In consideration for providing the Platform, we will deduct service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fee and will be included in the total Booking Fee or any Final Fee processed through the Platform.
Payment to Vendors: Vendors are disbursed the amount of money payable for their goods and services less any applicable Marketplace Fees and Charges on a payment term that is agreed with each Vendor.
Payment methods: We provide a number of payment methods on the Platform, including our third party payment processor, currently Assembly Pay and the third party payment processor Assembly Payments for Purchases made on Vendor Stores. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, if applicable you accept the applicable terms and conditions.
Promotional discount codes: We may from time to time issue promotional discount codes for the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Booking through the Platform. The conditions of use relating to promotional discount codes will be specified on the Platform at the time they are issued.
Payments are final: In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
REFUNDS AND CANCELLATION POLICY FOR GOODS AND SERVICES
Replacement, Repair, Resupply or Refund: The replacement, repair, resupply or refund of any goods and/or services ordered, or any disputes relating to any goods and/or services ordered on the Platform, is a matter between the relevant Customer and Vendor. The Customer or Vendor may only contact us for assistance where the dispute relates to the processing of the payment of any fee via the Platform.
Reviews
Content
Warranties
You represent, warrant and agree that:
AUSTRALIAN CONSUMER LAW
EXCLUSIONS TO LIABILITY
LIMITATIONS ON LIABILITY
TERMINATION
Vendor insurance
GENERAL
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Customer and us, or a Vendor and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Institute of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of {state}. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
DEFINITIONS
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
sales@planitree.com