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Terms of Use

  

This website 'https://www.helloplants.co.nz/' is operated by HELLO PLANTS LTD( we, our or us). It is available at: https://www.helloplants.co.nz/ and may be available through other address or channels. 

  

How you consent to these terms of use 

If you access and/or use our site, you are taken to have agrees to those terms of use. please read these terms carefully- if you do not agree to them, then you must cease using our sites immediately.  

  

When we make changes to these terms of use 

We may, at any time and at. our discretion, vary these terms by publishing the varied terms on our site. We recommend you check our site regularly to ensure you are aware of our current terms. Materials and information on this site are subject to change without notice. We do not undertake to keep our site up to date and we are not liable if any content is inaccurate or out of date. 

  

Privacy 

We respect your privacy and understand protecting your personal information is important. Our privacy policy (available on our site)  sets out how we will collect and handle your personal information.  

  

Conduct we do not accept 

When you use our site, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which is prohibited by any laws applicable to our site, which we would consider inappropriate or which might bring us or our site into disrepute. This includes: 

anything that would constitute a breach of an individual's privacy(including uploading private or personal information without an individual's consent) or any other legal rights; 

using our site to defame, harass, threaten, menace or offend any person; 

interfering with any user of our site; 

tampering with or modifying our site, knowingly transmitting viruses or other disabling features or damaging or interfering with our site, including ( without limitations) using Trojan horses, viruses or privacy or programming routines that may damage or interfere with our site; 

using our site to send unsolicited electronics messages; 

facilitating or assisting a third party to do any of the above acts. 

  

Intellectual Property rights 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual Property rights) in our site, all of our content and any copyright registered or unregistered designs, patents or trade mark rights and domain names (our intellectual property). Your use of our site and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our intellectual property. You must not: 

copy or use, in whole or in part, any of our intellectual property; 

reproduce, retransmit, distribute, display, disseminate, cell, publish, broadcast or circulate any of our intellectual property to any third party; 

breach any intellectual property rights connected with our intellectual property, including(without limitation) altering or modifying any of our intellectual property, causing any of our intellectual property to be framed or embedded in another website or platform, or creating derivative works from our intellectual property. 

  

content you upload 

we encourage you to interact with our site ! you may be permitted to post, upload, publish, submit or transmit relevant information and content( user content) on our site. If you make any user content available on or through our site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty free licence to use the user content, with the right to use, view, copy, adapt, modify, distribute, licence, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such user content on, through or by means of our site.  

  

you agree that you are solely responsible for all user content that you make available on or through our site. You represent and warrant that; 

you are either the sole and exclusive owner of all user content or you have all rights, licences, contents and releases that are necessary to grant us the rights in such user content (as contemplated by these terms) 

neither the user content nor the posting, uploading , publication, submission or transmission of the user content or our use of the user content on, through or by means of our site will infringe, misappropriate or violate a third party's intellectual rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.  

   

We do not endorse or approve, and are not responsible for, any user content. We may, at any time(at our sole discretion), remove any user content. 

  

Third Party Sites 

Our site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for the content on those websites. We recommended that you make your own investigations with respect to the suitability of those websites. 

  

What happens if we discontinue our site 

We may, at any time and without notice to you, discontinue our site, in whole or in part. We may also exclude any person from using our site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion. 

  

Warranties and disclaimers 

To the maximum extent permitted by law, we make not representations or warranties about our site or our content, including( without limitation) that; 

they are complete, accurate, reliable, up to date and suitable for any particular purpose; 

access will be uninterrupted, error free or free from viruses; 

our site will be secure. 

You read, use and act on our site and our content at your own risk. 

  

Our liability is limited  

 To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent(liability) suffered by you or any third party, arising from or in connection with your use of our intellectual property and/or the fact that our content is incorrect, incomplete or out-of-date. 

  

Indemnity 

To the maximum extent permitted b law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of our site or any breach of these terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligation under these terms, and continues after these terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these terms. 

  

Terminating these terms 

These terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these terms and limitations of liability set out in these terms will survive. 

  

Dealing with a problem 

If you would like to give us feedback, please contact us- we appreciate your input. In the event of any dispute arising from, or in connection with, these terms(dispute), the party claiming there is a dispute must give written notice to the other party setting out the details of the dispute and proposing a resolution. Within 10 working days after receiving the notice, the parties must, by someone with authority to reach a resolution, meet at least once to attempt to resolve the dispute or agree on the method of resolving the dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the dispute, or (if the dispute is not resolved) agree on an alternate method to resolve the dispute, within 21 days after receipt of the notice, the dispute may be referred by either party( by notice in writing to the other party) to litigation. Nothing in this clause will operate a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. 

  

If a part of these Terms is not right 

If a provision of these terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. if it is not possible to read down a provision ( in hole or in part), that provision ( or that part of that provision ) is severed from these terms with out affecting the validity or enforceability of the remainder of that provision or the other provisions in these terms. 

  

Which laws govern these terms of use 

If you are in New Zealand and a consumer of products or services, you may have certain rights and/or remedies under the New Zealand consumer guarantees act 1993. When a guarantee under the consumer guarantees act 1993 is breached, you may be entitled to a range of remedies. For the avoidance of doubt, nothing in these terms is intended to exclude, restrict or modify a consumer's rights under the New Zealand consumer guarantees Act 1993. 

  

 Your use of our site and these. terms are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand. 

  

Our site may be accessed throughout New Zealand and overseas. We make no representation that our site complies with the laws(including intellectual property laws) of any country outside New Zealand. If you access our site from outside New Zealand, you do so at your own risk and are responsible for complying with laws of the jurisdiction where you access our site. 

  

For any questions and notices, please contact us at: contact@helloplants.co.nz 

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