Terms and Conditions
People for Plants - Website Terms
We may alter these Terms from time to time by posting the altered version on this Website. You should visit the Website regularly to keep up to date with any alterations. By continuing to use this Website, you accept the Terms current at the time you access and use it. In the case of an alteration, the altered Terms only apply after the alteration takes effect.
If you have any questions or need clarification on any issue please email us at CustomerService@peopleforplants.com.au
About Us: The Website is operated by People for Plants.
Registration: You must register an Account using the online customer registration process to: (a) order and purchase Products through the Website; (b) post Material to the Website; and (c) use the Services offered by the Website. You must provide us with certain personal information and your current email address in order to register an Account. We may use your notified email address to contact you or send you notifications, tax invoices and other communications from time to time. You acknowledge that we may be unable to supply you with Products, Services or contact you unless you provide us with a current email address and agree to promptly update us if you change your email address. Accounts are only available to persons who are at least eighteen years of age or otherwise have the permission of an adult. If you do not qualify for an Account, do not apply for or register an Account, order Products or use the Services offered by this Website. By registering an Account for the Website or placing an order for Products on this Website you warrant that you are at least eighteen years of age or otherwise have the permission of an adult and that all information you provide is accurate, complete and not misleading. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when registering an Account, ordering or purchasing Products or using the Website. You agree to deal with us in good faith and in compliance with all applicable laws. Accounts must be applied for using the online registration process available on the Website. An application to register an Account constitutes an offer by you to register an Account and is subject to acceptance by us. We will confirm acceptance to you by sending you an e-mail or other notice confirming that your Account has been enacted. We reserve the right to refuse an application for registration of an Account by any person for any reason at our discretion.
Usernames and Passwords: Your Account and the Services are accessible via a unique username and password combination. You are responsible for submitting your own username and password (Login Details) as part of and in accordance with the requirements of the online Account registration process. Login Details are subject to availability and any other restrictions (including acceptable numbers and types of characters) as specified on the Website from time to time. We will not publish or disclose your email address or password to any person unless you ask or permit us to do so. You are responsible for taking all necessary steps to prevent unauthorised disclosure of or access to your password. You are solely responsible for the actions of any person to whom you disclose your password and are solely liable for (and indemnify, defend and hold harmless People for Plants, its officers, directors, employees, agents, contractors, licensors and suppliers from and against) all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature (Losses) suffered by any person directly or indirectly as a result of: (i) you disclosing your password to a third party; (ii) you failing to take all necessary steps to prevent unauthorised disclosure of or access to your password; or (iii) any person’s access to or use of your password. You must notify us immediately by email if you have any reason to believe that your password has become known to anyone else without your authorisation, or if your password is being, or is likely to be, used in an unauthorised manner. In such a case, we will, within a reasonable time of being notified, cancel the relevant password and send to you by email to your last notified email address a temporary password to allow you to login to your Account and create a new password. Account holders are identified on the Website by their username only. By registering an Account, purchasing Products or using the Services offered by the Website, you consent to us publishing your username on the Website (including in connection with any Material that you may post to the Website in the course of using the Services) and making your username available to Website visitors and other Account holders.
Product Orders: You must submit your orders for Products using the online order process provided on the Website. You cannot cancel an order for Products once you have submitted it. All orders are subject to acceptance by us, at our discretion.
Special Offers: We may provide special offers in relation to our Products from time to time. Special offers may be subject to additional terms and conditions specified on the Website at the time the special offer is made (Special Offer Terms). At any time, we may terminate any special offer without advance notice. This may occur for a range of reasons including: (a) due to errors associated with issuing or processing special offers; (b) because we consider that you have applied for or used a special offer improperly, in bad faith or outside its intended purpose or operation; or (c) we consider that you have applied for a special offer in breach of these Terms or the applicable Special Offer Terms. If terminated, a special offer will continue to apply to Products you ordered in good faith in accordance with these Terms and the applicable Special Offer Terms before the special offer was terminated.
Errors: From time to time there may be errors on our Website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Despite anything else in these Terms, to the extent legally permitted, we may decline or cancel any Product orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order as a result of our error, we will notify you and credit your credit card account for the amount charged.
Prices: All prices are in Australian dollars. Prices include GST unless indicated otherwise but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice. For Products to be shipped outside Australia, prices do not include relevant overseas custom duties and/or other taxes that you may incur. However an approximation of shipping costs is given at the time of check-out by selecting your country of destination in the shipping destination field. All purchases are charged in Australian dollars and any other currency prices are presented as an approximation only. Please check with your local customs office for further information regarding any importation requirements or considerations.
Methods of Payment: You must select how you wish to pay for Products from the options provided on the Website at the time you apply to register your Account. You must elect to make payments either: (i) through the Website via the secured Paypal service or (ii) to us directly. The full payment for your order (including the Product price and applicable delivery charges) is deducted from your credit card or debit card on completion of your order. All credit card and debit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment for a particular Product order, the payment will not be processed. Delivery will commence only once payment has been validated and processed in full. Large transactions may involve additional screening and we may require confirmation on key details before we proceed to fill the order. In this event, we will contact you. In some cases this may delay your order by a short period.
Paypal Payments: The following applies if you elect to pay for Products via the secured Paypal service. All payments are processed by Paypal and we do not keep a record of your credit card or debit card number for payment purposes. You acknowledge and agree that we are not involved in the processing of any payment transaction between you and Paypal and Paypal’s own terms and conditions apply to each payment. You should ensure you are familiar with all Paypal terms and conditions that apply before you submit any payment through Paypal. To the extent legally permitted, in no event will People for Plants be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever in any way connected to, related to or arising from any payment transaction you enter into with Paypal. We may plead these Terms as a bar to any claim, action, proceeding or suit brought by you against us for any matter arising out of any transaction between you and Paypal.
Direct Payments: The following applies if you elect to pay us directly for Products rather than via the secured Paypal service. We accept Visa and Mastercard credit and debit cards only. Credit and debit card details are processed using at least SSL 128 bit encryption and are not stored by us.
Availability: All Products are offered for sale subject to available stock. If an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item and your credit or debit card has been charged for an item that is out of stock, we will cancel your order and issue a credit to your credit or debit card account in the amount charged. If you order products and some are not in stock, you agree that we may fill that part of your order for which stock is available.
Delivery: We engage independent contractors to produce and deliver Products (our Distributors). Our Distributors deliver to Australia and to other destinations as may be specified on our Website from time to time. Delivery costs are generally determined by destination, weight and shipping method. To find out the delivery charges that apply to you, simply add the items to your shopping cart and proceed accordingly to the checkout where the full cost will be calculated and displayed before you make any payment. It is your obligation to enter the correct delivery address details at the time of ordering. We are unable to deliver to a P.O. Box.
Dispatch: All orders are usually dispatched within 1 – 2 business days of the purchase date. Most Australian orders should arrive within 1 – 3 business days after dispatch depending on the destination. For international orders, on some occasions, the customs agency within the destination country may choose to delay individual shipments as a security measure. Please contact us if you do not receive your order within the time specified above and we will lodge an enquiry with our Distributors, advise you of any issues that are discovered and use reasonable endeavours to ensure that the order is delivered within a reasonable time. People for Plants, its officers, directors and employees are not liable to any person for any Losses suffered by any person directly or indirectly as a result of late delivery or non-delivery of an order. Late delivery or non-delivery does not entitle you to cancel your order unless we agree on a case by case basis.
Receipt: You have the option to have your order delivered with or without a signature of receipt. If you choose to have the item delivered without a signature of receipt you are responsible for any loss or damage after delivery. If you choose to sign for your item you will generally need to be available between 7.00am and 5pm to receive the delivery. You have the option to choose a different delivery address than your billing address.For example, you may want to use your work address for delivery if your employer’s workplace policies allow this. If you do not answer when the courier tries to deliver your order, the courier will generally leave a card. You must then contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact the courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.
Refunds and exchanges: Subject to the “Damage” section below, we do not offer refunds or exchanges.
Damage: Please check your items against your receipt. If you receive any Products in a damaged condition or if any Products are missing, we may issue you a credit in the amount paid for the damaged or missing Products or send replacement Products at our discretion if you notify us within 7 days of the delivery date. We may ask you to provide proof of the damaged or missing Products (including return of the relevant Products) as a condition of refund or replacement. We will issue you a credit for any redelivery charges if we require you to return any Products.
Risk and Title: Risk of damage, loss or deterioration of goods passes to you on delivery in accordance with these Terms. Goods ordered by you remain our property until we receive payment for them in full.
Intellectual property: People for Plants Material and content displayed on or comprised by the Website, including but not limited to text, graphics, logos, button icons, images, the Website layout and software, is subject to copyright owned by People for Plants, its related entities or its content suppliers and is protected by the Copyright Act 1968 (Cth) and other international copyright laws. Brands, names, images and logos displayed on the Website may be the subject of registered trade marks of People for Plants, its related entities, affiliates or its service providers and protected by the Trade Marks Act 1995 (Cth) and other international trade mark laws. You may access, display, download and print portions of the Website only for your own private non-commercial use and to order Products and Services via the Website. This permission is subject to you not modifying the content displayed on this Website, keeping intact all copyright, trade mark, and other proprietary notices, and any additional restrictions or express exceptions displayed on the Website. Any other use of material on the Website, including but not limited to the reproduction, modification, distribution, transmission, re-publication or display of the content on this site is strictly prohibited.
Right to upload and reproduce materials: You must not upload to our database or post on the Website any Material which infringes any third party’s copyright, patent, trade mark, trade secret, confidentiality, privacy or other proprietary or intellectual property rights or which violate any applicable law, statute, ordinance or regulation. You agree to comply with People for Plants’ procedures and policies in respect of uploading information and materials as specified on the Website from time to time. You warrant that you own all copyright in, or otherwise have the right to post to the Website, reproduce and permit us to reproduce, Your Material. Solely to enable us to provide the Services to you, you agree to grant us, or warrant that you have procured for us from the copyright owner or licensor, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to do and authorise the doing of all acts comprised in the copyright in all of Your Material.
Information on the Website: Information on this Website may or may not change from time to time. It is not promised or guaranteed to be correct, current, or complete. This Website may contain technical inaccuracies or typographical errors. People for Plants assumes no responsibility (and expressly disclaims responsibility) for information and Material posted to the Website by third parties or other Website users or for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any Products or Services described on this Website.
Third-party material: The Website may provide links or references to third party websites (Linked Sites) or display Material sourced from a third party (such as a service supplier, merchant, consumer or Website user) including Product reviews (Third Party Material). People for Plants is not responsible for and does not endorse the content of Linked Sites or Third Party Material, any use (or misuse) of information you may supply to or obtain from a Linked Site or any Third Party Material, or for any goods or services offered via Linked Sites or any Third Party Material. People for Plants does not warrant or represent the accuracy, utility or any other characteristic of Third Party Material or information or content appearing in any Product reviews, Material posted to the Website by other Website users or on Linked Sites. People for Plants is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from this Website.
Viruses: You are responsible for protecting your computer from malicious or destructive content and programs such as viruses, worms and Trojans, and to protect your information as you deem appropriate.
Use of the Website: We reserve the right to limit the volume of Your Material you may post to the Website at any time. You agree to comply with all applicable domestic and international laws (including common law) applicable to your use of the Website. Without limitation, you agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, including, but not limited to, by uploading or transmitting through the Website any viruses, worms, trojans or other potentially destructive programs designed to interfere with, interrupt or disrupt the normal operating procedures of the Website or any computer. You must not post on the Website or communicate to any other Account holder or Website user, including by using the Services or in the course of posting Your Material, any Material that is abusive, defamatory, obscene, contrary to law or to the rights of any party. We may block/delete any Material posted to the Website or communicated to any other Account holder or Website user that we decide contravenes that requirement. You must not impersonate or misappropriate the identity of another person. You must not attempt to use the Website or any of its content to solicit others to participate in any organisation or commercial on-line service. Use of the Website in contravention of these Terms may result in you being banned from the Website, being liable to us for breach of contract and/or infringing applicable law.
Disclaimer of warranty: Use of this Website is at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties or guarantees whatsoever. People for Plants expressly disclaims to the fullest extent permitted by law all express, implied, statutory and other warranties, guarantees or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, People for Plants does not represent or warrant that the functions within the Website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the Website or the server/s that makes the Website available is free of viruses or other harmful elements. You agree that in using the Website you have not relied on any statement or representation made by People for Plants not expressly contained in these Terms. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. If applicable law prohibits the exclusion of any of the warranties, guarantees, conditions or representations referred to above, to the extent legally permitted, People for Plants limits its liability for breach of any such warranties, guarantees, conditions or representations to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at our discretion.
Limitation of liability: To the extent legally permitted, in no event will People for Plants be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this Website or any use of this Website, or of any site, service, product or resource linked to, referenced or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if People for Plants is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms and People for Plants’ maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to the lesser of the total amount paid by you for Products and AUD$50.00.
Indemnity: You agree to indemnify, defend, and hold harmless People for Plants, its officers, directors, employees, agents, contractors, licensors and suppliers from and against all Losses made by any other party due to or arising out of any violation of these Terms, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to your Account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account or your Login Details.
Notifying us: To notify us, please email us at CustomerService@peopleforplants.com.au
Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severable from these Terms and does not affect the validity and enforceability of any of the remaining provisions of these Terms.
Waiver: No failures to exercise and no delay in exercising on our part any right or privilege under these Terms operates as a waiver thereof. A waiver by us of any breach of these Terms does not prevent the subsequent enforcement of that provision and will not be deemed to be a waiver of any subsequent breach of that or any other provision.
Entire agreement: These Terms and any other document referred to herein constitute the entire and only agreement between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous agreements, undertakings, arrangements, understanding or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on statements, warranties or representations given or made by any of them in relation to the subject matters of these Terms, save those expressly set out in these Terms, and that, to the extent legally permitted, they have no rights or remedies with respect to such subject matter otherwise than under these Terms.
Force Majeure: We will be under no liability to you in respect of anything which may constitute a breach of these Terms arising by reason of force majeure, or circumstances beyond our control including, but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, war, terrorism, civil commotion or civil authority, including acts of local government and parliamentary authority, inability to supply the Products or Services, telecommunications failure, materials, breakdown of equipment and disputes of whatever nature and for whatever cause arising including, but without prejudice to the generality of the foregoing, work to rule, overtime bars, strikes and lock outs.
Assignment: You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms. We may assign, novate, delegate or sub-contract any of our rights and obligations under these Terms at our discretion.
Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture, employment or similar between the parties. You have no authority to bind us or our related entities in any way.
Applicable law: These Terms are governed by the law of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and its appellate courts.
Definitions: For the purposes of these Terms:
Account means the online customer account that must be registered to order and purchase Products and otherwise access and use all or part of the Services through the Website.
Material means any information, software, data, text, audio, video, images, documents, content or other materials (tangible or intangible).
People for Plants Material means Material that People for Plants or any of its related entities, content suppliers, service providers or licensors post on the Website or otherwise make available in connection with the Products or Services.
Products means any skincare products (including but not limited to cleansing creams and lotions, moisturising creams, hydration gels, eye creams, lip balms, face oils, body scrubs, body creams, hand creams, makeup remover, face scrubs and toners) and any other products sold by or on behalf of People for Plants via the Website from time to time.
Services means provision via the Website of an online forum and blog for Website users to post Material (including Product reviews and information and comments in relation to the Products) and otherwise interact and communicate with other Website users and any other services offered by People for Plants from time to time as specified on the Website.
Website means the website located at www.peopleforplants.com.au and any other application distribution platform (including mobile applications) through which People for Plants provides the Products or Services.
Your Material means Material that you, or any other person authorised by you, provide to People for Plants or post on the Website from time to time, including in the course of accessing and using the Services.