Terms and Conditions
Terms and Conditions of Use
1. This website is owned and operated by Give Plants Limited (GPL).
2. These website terms and conditions ('Terms') govern the use and access by any user of the website at www.giveplants.co.nz and any other website owned or operated by GPL. If you access and use the Website you are deemed to have agreed to these Terms.
3. In these Terms, reference to 'we' 'us' and 'our' means GPL, its directors, employees, agents and its associated branches.
4. Reference to 'you' 'your' and 'yours' shall mean any user who is accessing the site at any time.
5. Reference to 'members' means members, users, subscribers or customers of GPL or www.giveplants.co.nz. Members are bound by these Terms and acknowledge that this includes the membership benefits, contact levels and other details selected by them in the registration process.
6. The Website is also governed by our privacy policy and this policy forms part of the Terms.
7. If you wish to register as a member/subscriber you will be required to complete the registration form.
8. By completing the registration form your are agreeing to these Terms.
Purpose
9. The purpose of the Website is to provide plants as a gift solution. Where plants can be purchased and sent nationally (note the exclusion of the Chatham Islands, Great Barrier Island and other outer Island's). All plants are supplied in purpose designed packaging and include a gift card. Customers can complete a personal message in the checkout function. Some other services are supplied to customers such as a member’s login area and anniversary reminder.
Ownership of intellectual property and restrictions on use of website material
10. With the exception of any third party trademarks or logos provided to us for inclusion on the Website, GPL owns all intellectual property rights in the text, graphics on the Website, packaging and its overall design. You must not use, copy, modify, reverse engineer, transmit, store, download, publish or distribute the material on the Website or create any other material using material on the Website without obtaining the prior written consent of GPL. Trade marks (whether registered or unregistered) and logos displayed on the Website must not be used or modified in any way without obtaining the prior written consent of GPL and/or the owner of the trade mark or logo as the case may be.
11. The information contained or obtained in the use of the Website including products, technology and processes may be the subject of other intellectual property rights owned by GPL or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of the Website must not in any way infringe the intellectual property or other rights of any person.
Exclusions and limitations of liability
12. To the extent permitted by law, we are not liable to you or anyone else for any loss, damage or expense, however caused, which have been directly or indirectly suffered in connection with the use of the Website and we exclude liability (whether that liability arises in contract, tort (including negligence) or statute) for any direct, special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of or damage to data) suffered or incurred by you or any person in connection with your access to or use of the Website.
13. Without limiting the generality of the foregoing and to the extent permitted by law, we:
(a) make no warranty (whether express, implied or statutory) as to the completeness, accuracy, reliability or fitness for purpose of any material on the Website;
(b) are not liable to you or to anyone else for any errors in the information on the Website including in any third party content provided to us for inclusion on the Website;
(c) are not liable for any failure or unavailability of the Website for any time period; and
(d) reserve the right to modify or withdraw any particular service or product referred to in this Website or any GPL database, material, service and/or system. GPL reserves the right to terminate access to this Website and/or to take any other action it believes necessary to comply with the law or to protect its rights, members and/or customers. Any access or attempt to access or use this Website for any unauthorized or illegal purpose is strictly prohibited;
14. GPL advises you to exercise discretion while browsing this Website and the Internet. In addition, Hyperlinks on this Website may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Website may not be under the control of GPL and GPL does not make any representations concerning any such Website which you may access via a Hyperlink from this Website, and accordingly GPL shall not be responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in any such Website which may be accessible via a Hyperlink to or from this Website or for the Hyperlink itself. GPL is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Website is not and should not imply any endorsement by GPL of such linked Website.
15. Some parts of this Website are provided without charge as a convenience to visitors to be used for the purposes of information, education and communication. While all information advice and/or material(s) contained in this Website have been prepared and compiled from sources believed to be reliable, GPL makes no guarantee(s) and shall not be responsible nor liability for to the correctness, reliability, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of such information, advice and/or material and shall not be held responsible nor liable in relation thereto. GPL does not represent nor endorse the correctness, reliability, accuracy, sufficiency, suitability (for a particular purpose or purposes) and/or completeness or otherwise of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Website, nor the quality of any product(s) supplied by third parties, information or other material(s) or service(s) displayed, obtained or purchased by you as a result of your use of this Website or any of GPL’s services, or system(s). In accessing and/or using this Website you acknowledge that you do so at your own risk.
16. You assume the responsibility to take adequate precautions against damages to your systems and/or operations which could be caused by defects or deficiencies in this Website, any GPL information, service(s), system(s), database(s) and/or material(s), or part(s) thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while GPL will implement reasonable security precautions to attempt to prevent such occurrences, GPL does not guarantee that such events will not take place. You are also solely responsible for ensuring that all posting(s) made by or for you to this Website does not contain any virus or mistake(s) or other computer software code or routine designed to disable, erase, impair or otherwise damage the site or any system, software or data of GPL or any other user of the GPL Website/software and you hereby agree to indemnify, defend and save GPL and its members, employees, resellers, agents, representatives, licensors and suppliers harmless from all and any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or other computer software code or routine.
17. Neither GPL nor its members, employees, resellers, agents, representatives, licensors or suppliers shall in any event be liable to you or to any third party for any loss of profits, revenues, business opportunities or business advantages whatsoever, nor for any direct, indirect, special, consequential, indirect or incidental losses, damages or expenses directly or indirectly incurred relating to the use or misuse of this Website, or with respect to any other hyperlinked Website, or any GPL information, content or other material or software used therewith, the use or failure, non-compliance or limited availability of any information, content, or service provided by GPL through this Website, any information provided in the GPL or any obligation under or subject matter of this Website, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability, in tort and/or any other cause of action whatsoever, whether or not GPL is informed in advance of the possibility of such loss(es) or damage(s)
18. Without limiting the preceding clauses and to the extent that our liability is not excluded under those clauses or any other clause in these Terms, the maximum amount for which we are liable to you under or in connection with these Terms (whether that liability arises in contract, tort (including negligence) or Statute) is $100.
Payment terms
19. Our website accepts payments using Visa and Mastercard, If you are using the online credit card payment facilities on this site then it is your responsibility to ensure that the transaction, credit card information, and all other details you provide in relation to your payments made through the Website are correct. We do not accept any liability for transactions which are incorrect as a result of inaccurate data or information provided by you.
Credit Card Transaction Security
20. All credit card transactions for the purchase of goods from this website are processed via DPS Payment Express, an externally hosted secure payments page/system dedicated to this purpose. Your card details will be entered into the DPS payment express system only. GPL does not receive and cannot retrieve the complete number sequence of your credit card from the transaction record. These details are only entered for processing the transaction on DPS secure SSL servers.
21. DPS is certified and compliant to the Payment Card Industry Data Security Standards (PCI DSS), as a level 1 processor; this includes quarterly scans of its systems and annual onsite audits by a Qualified Security Assessor (QSA). DPS PCI compliance validatation can be found in VISA's Global List of PCI DSS Validated Service Providers.
22. Payment Express is a best practice system used to facilitate electronic payments, from multiple access points i.e. EFTPOS, Billing, IVR, CRM, Vending (GPRS), CRM (Mail Order / Telephone Order) and Web, seamlessly to a chosen acquirer in real time.
Refund policy
23. All refunds will be made back to the purchaser's credit card. If you have any queries regarding a payment please contact us.
Amendments
24. We may amend these Terms from time to time, without prior notice. We will notify you of any changes by posting the amended Terms on the Website and the changes will be effective from the date and time they are posted.
Governing Law
25. This Website and these Terms are governed by the Laws of New Zealand and users submit to the non-exclusive jurisdiction of the Courts of New Zealand.
Privacy Policy
GPL is committed to ensuring that your privacy is protected. This Privacy Policy governs the collection, use and disclosure of your personal data by us and has been prepared in accordance with our obligations and your rights set out in the New Zealand Privacy Act 1993.
By accepting this Privacy Policy, you acknowledge that the Privacy Legislation in other jurisdictions does not apply. We reserve the right to modify or amend this Privacy Policy at any time and for any reason. By using this Website you consent to our use of your personal data in accordance with this Privacy Policy (as amended from time to time).
This Privacy Policy forms part of the Terms governing your use of the Website. It explains:
- What kind of personal data we collect
- Where we collect personal data from
- How we use personal data
- How we store personal data
- How you can access/amend your personal data
- How long we hold personal data
- Who you can contact for more information
What kind of personal data we collect
We collect only the personal data you give us (including your name, email address, and contact telephone numbers). We may also keep a record of any information that you acquire from us.
Where we collect personal data from
We collect personal data from the following sources:
- By you inquiring about information on us, our services or anything on this Website.
- Directly from you when you purchase from our Website or when you complete an on line contact form or registration.
Cookies
We may use "cookies" to provide you with access to tailored information and services on this Website, and to serve you better when you return to it. A cookie is a small data file that the Website sends to your browser, which may then store it on your system for later retrieval by the Website. Cookies track your movements through different websites; they do not record any other personal information about you. Cookies are widely used on websites to help with navigation and to help personalise your experience when you visit a website.
We may use non-personalised statistics about the use of this Website to continually improve it and improve customer service. These statistics do not comprise personal information.
How we use personal data
Your personal information will never be given to any third party. We use your personal data for the following purposes:
- Replying to your queries
- Processing your registration as an email only subscriber, or processing your membership application
- Providing you with information about us and our services
- Making your information available to other users of the Website and other members in accordance with the contact levels you have chosen
- Providing you with services in relation to this Website
- Complying with relevant legislation and regulations
- Any specific purpose which we notify you of at the time personal data is collected
How we store personal data
We store personal data electronically. The data is protected and secure using generally accepted standards of security.
How you can access/amend your personal data
You may access your personal data we hold by contacting us. We will provide you with a copy of the personal data we keep about you.
You may request that the personal data we hold about you be corrected or deleted at any time.
How long we hold personal data
We'll keep your personal data only for as long as necessary to achieve the purpose we collected it for.
Who you can contact for more information
If you have any queries about this Privacy Policy or personal data we've collected please contact us.
