Registered Customer Terms and Conditions
Planet Arborist Limited’s websites (‘Our Websites’) include www.planetarborist.com, www.planetarborist.co.uk, business.planetarborist.com, www.veganarborist.com, www.veganarborist.co.uk and any sub-domains of such sites. Any reference to Our Websites includes all of the above.
Our Websites are provided by Planet Arborist Limited, a private limited company incorporated and registered in England & Wales with company number 12080465 and registered office c/o Tax Advisory Partnership, 14 Devonshire Square, London, United Kingdom, EC2M 4YT.
Throughout these Terms and Conditions we will refer to you as “you”, and we will refer to Planet Arborist Limited as “we”, “us” or “Planet Arborist”.
In order to become a registered customer you must:
• Be an individual of at least 18 years of age;
• Create only one user account for your sole use; and
• Provide accurate personal information about you at registration and in all future interactions with us and with third parties, and all such information must be true, accurate, current, and complete.
2. Relationship to Other Agreements
During the course of your use of Our Websites, you may choose to agree to be bound by certain other agreements. The Website Agreements will continue to apply to you even after you have agreed to any other agreement with Planet Arborist Limited.
The information you provide during the registration process as a customer on Our Websites is the basis on which we identify you for the purposes of communicating with you. You warrant to Planet Arborist Limited that all information provided to us in the course of your registration is true, complete and accurate in all respects. You will update your account details as soon as reasonably practicable if any of the information you provide to us changes.
In registering on Our Websites, you must first provide an email address and enter a password. Your email address and password are the methods used by us to identify you and so you must keep them secure at all times. You are responsible for all information and activity on Our Websites by anyone accessing your account using your username and password.
Any breach of security, loss, theft or unauthorised use of an email address, username or password must be notified to us: please let us know via email at [email protected] as soon as possible
We reserve the right not to act on your instructions where we suspect that the person logged into your account is not you or we suspect illegal or fraudulent activity or unauthorised use.
4. Use of Our Websites and Services
You may only use Our Websites in compliance with applicable laws and for legitimate purposes.
By accepting the Terms you agree that you will not:
– Use Our Websites in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or act fraudulently or maliciously, for example, by using another user’s account, or by hacking into or inserting malicious code, including viruses, or harmful data, into Our Websites;
– Transmit any material that is defamatory, offensive or otherwise objectionable;
– Use Our Websites in a way that could damage, disable, overburden, impair or compromise the security of Our Websites or interfere with other users;
– Attempt to decipher any transmissions to or from the servers running Our Websites;
– Perform any security testing of Our Websites either manually or utilising any automated system;
– Copy any of the code within Our Websites or any concepts in the content of or documents on Our Websites;
– Rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit Our Websites, or otherwise make any part of them available in whole or in part to any third party;
– Make alterations to, or modifications of, the whole or any part of Our Websites, or permit Our Websites or any part of them to be combined with, or become incorporated in, any other programs, unless such alterations or modifications are carried out or approved, overseen and managed by us;
– Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of Our Websites or attempt to do any such thing;
– introduce onto, or transmit via, Our Websites any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, trojan horse, authorisation key, licence control utility or software lock;
– remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on Our Websites or pass off or attempt to pass off Our Websites as the product of anyone other than Planet Arborist Limited;
– use any automated computer program or application to scan, copy, index, sort or otherwise exploit Our Websites or any part thereof.
To the extent that any elements of Our Websites are hosted on a third party website (for example a social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
5. Intellectual Property
Our Websites may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with Our Website’s page layout, underlying code and software, all of which we refer to as “Content”.
All of the Content is the sole property of Planet Arborist Limited, our affiliates or third parties with whom we do business, and this means that it is protected by United Kingdom and international intellectual property laws and other relevant laws. This means that, except as provided by Part 1 of Chapter 3 of the UK’s Copyright, Designs and Patents Act 1988 (which contains what are generally known as “fair use” provisions for copyright materials), you may not reproduce, copy, distribute, store or in any other fashion re-use material from Our Websites unless otherwise indicated on Our Websites or unless given express written permission to do so by Planet Arborist Limited. For the avoidance of doubt, data mining or scraping Our Websites without the express written permission of Planet Arborist Limited is not permitted.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in Our Websites (together, the “Intellectual Property Rights”) are owned by or licensed to Planet Arborist Limited. You acknowledge that by using Our Websites, you will not acquire any right, title or interest in or to Our Websites or to the Intellectual Property Rights except for the limited licence to use Our Websites granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of Our Websites in source code form.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign (including by way of present assignment of future rights) ownership of all intellectual property rights subsisting in that Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by clicking on the ‘Contact’ tab or via email at [email protected]
To the extent that the Our Websites allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Our Websites or Our Websites’ users (“User Content”), you agree that:
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Our Websites, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘General Counsel’.
6. Links to Other Websites and Social Media
Our Websites may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under the control of Planet Arborist Limited or our affiliates. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on Our Websites, that does not mean that we endorse that other website or in any way recommend that you should use it.
We may have integrated links to various social media services. By clicking on the relevant symbol or the full name, you will be redirected to the website of the relevant service. If you select “Share” and select a corresponding social media service, you may publish an event (such as a specific search result) on the website of this service.
If you go to the link of a service from Our Websites you can follow our activities on the platform of the relevant service.
Where Our Websites contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Disclaimers and Liabilities
You need to be aware that:
· We make no warranty or representation (express or implied) that Our Websites will meet your requirements, be of satisfactory quality, fit for a particular purpose, will not infringe the rights of third parties, will be compatible with all systems, will be secure, or that any information provided will be accurate.
· We make no guarantee of any specific results from the use of Our Websites.
· No part of Our Websites is intended to constitute advice, and the Content of Our Websites should not be relied upon when making any decisions or taking any action of any kind.
· Our Websites are provided “as is” and on an “as available” basis, and we give no warranty that they will be free of defects and/or faults.
· We accept no liability for any disruption or non-availability of Our Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
· To the maximum extent permitted by law, we accept no liability for any indirect, consequential, special or exemplary damages arising from your use of Our Websites or any information contained in it, and you use Our Websites and its Content at your own risk.
· Our total aggregate liability in respect of causes of action that arise, whether in tort (including negligence), breach of contract or otherwise out of or in connection with the use of Our Websites or the use of or reliance upon any of its content or other information shall not exceed £500.
· The above limitations and exclusions do not apply to the extent that any person suffers death or personal injury as a result of our negligence, or such liability arises as a result of our fraudulent misrepresentation, or otherwise if and to the extent that any such liability may not be lawfully excluded or limited.
You use Our Websites and its Content at your own risk. Our Websites are intended for use by persons within the United Kingdom and we make no representation that any content is appropriate or available for use at any other location outside the United Kingdom, and access to Our Websites from territories where the contents or products or services available through Our Websites are illegal is prohibited. If you access Our Websites from a location outside the United Kingdom, you are responsible for compliance with all local laws.
These Terms set out the full extent of Planet Arborist Limited’s obligations and liabilities in respect of Our Websites. Planet Arborist Limited has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of Our Websites (including, without limitation, any Retailer).
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of Our Websites or breach of these Terms.
8. Products Displayed on or Purchased via Our Websites
Planet Arborist is not a retailer and is not responsible for the provision of any products advertised, promoted or displayed on Our Websites or for any information published on Our Websites relating to such products including any information relating to the setting or controlling any prices we displayed.
Any products which you find and/or purchase via Our Websites are provided by independent retailers or other third parties (“Retailers”). Planet Arborist Limited facilitates your ability to purchase from Retailers but is not responsible and has no liability to you in respect of such purchases.
If you click on a link on Our Websites relating to any products advertised, promoted or displayed on Our Websites you will then access a third party’s website and any information then provided about any products and any transaction that you may then elect to enter into relating into those products, or any other products, will take place on that third party website and not on Our Websites. For the avoidance of doubt no sale transactions take place on or via Our Websites.
The identity of the relevant Retailer and the terms and conditions applicable to your purchase with them (“Retailer Terms”) will be notified to you at or before the time of purchase and you should ensure that you read and fully understand them before completing your purchase. The Retailer Terms are solely determined by the Retailer and we are not responsible for the content of any Retailer Terms or for the compliance of the Retailer with the Retailer Terms or any legal obligations of the Retailer as the supplier of the products.
The Retailer Terms will set out what rights you have against the Retailer and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Retailer Terms. You acknowledge that breaching the Retailer Terms could result in the cancellation of purchases and other benefits, the loss of consumer rights, and additional charges.
In the event that you encounter any problems with any retail product purchase you make or attempt to make via Our Websites, you acknowledge that you should resolve that issue directly with the relevant Retailer and that your sole remedy in such circumstances, including any refund, lies with the relevant Retailer and not with Planet Arborist Limited.
You may see advertising material submitted by third parties on Our Websites. Each individual advertiser is solely responsible for the content of its advertising material and Planet Arborist Limited accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for:
(a) any inaccuracies or omissions in the content displayed on or via Our Websites; or
(b) any act of God, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, Our Websites or any content contained provided therein.
Planet Arborist may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your customer registration and your access to your account. Planet Arborist may suspend your use of Our Websites without notice at any time, without incurring any liability to you whatsoever.
10. General provisions
You acknowledge that your unauthorised use of Our Websites may result in irreparable damage and injury to Planet Arborist Limited and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of Our Websites.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of Our Websites.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided at the start of the Terms marked for the attention of our ‘General Counsel’.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
We have made every effort to ensure that these Terms adhere strictly with the relevant provisions of applicable laws. However, in the event that any of these provisions are found to be unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This clause on “Severability” shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that either you or we fail to exercise any right or remedy contained in these Terms, that does not mean you or we (as applicable) have waived that right or remedy and so shall not be construed as a waiver.
From time to time we may update these Terms to take account of changes in the law or for any other reason. If we update these Terms, we will post a new version on Our Websites, and as soon as you use Our Websites after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.
14. Communications, Suggestions and Complaints
If you wish to communicate with us about anything related to these Terms, you may do so by sending an email to [email protected]
If you require further information about Planet Arborist Limited or have any suggestions concerning how to improve Our Websites, please contact us [email protected]
If you wish to make a complaint about Planet Arborist Limited, please send the details of your complaint to [email protected] Alternatively, you can write to us at Planet Arborist Limited, c/o Tax Advisory Partnership, 14 Devonshire Square, London, United Kingdom, EC2M 4Y for the attention of ‘General Counsel’
15. Disputes, Law and Jurisdiction
Should any dispute arise which is not resolved directly between you and us, there are a number of government approved and EU listed certified alternative dispute resolution service providers, including ProMediate (UK) Limited (www.promediate.co.uk) and others which can be accessed here http://ec.europa.eu/odr; but we are not obliged to and do not agree to have any customers’ complaints handled by these providers.
Irrespective of the country from which you access or use Our Websites, to the extent permitted by law, these Terms, and the relationship between you and Planet Arborist Limited created by it, shall be governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the courts of England and Wales.