Welcome to Plendi! The site plendi.co and its authorised variations (including subdomains, mobile versions, social media accounts and embedded third party applications and features) (“Site”) is operated by Plendi Pty Ltd (“we”, “us” and “our”).
TERMS AND CONDITIONS
1. GENERAL TERMS
By agreeing to these Terms, you represent that you are 18 years or older, and you have given us your consent to allow any of your minor dependents to use this Site.
2. PRE-LAUNCH WAITLIST AND COMPETITIONS
- We maintain the right to stop a Competition at any time without notice to you and you indemnify us from any impact or consequential loss as a result of such a decision.
- Competition Prize Winners selected by us are final and not subject to review and/or appeal.
3. USE OF SITE
- We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
- This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
- When signing up for any of Plendi’s membership platforms, you explicitly consent to Plendi using your personal information such as First Name and/or Email Address for direct marketing purposes. This includes sending you correspondence electronically by email, SMS, social media or post. You may opt out of receiving direct marketing communications at any time. You may also vary your communications preferences at any time.
- You may under no circumstances use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to your true identity or means of contact.
5. USER CONTENT, COMMENTS, FEEDBACK, REVIEWS AND OTHER SUBMISSIONS
- In these Terms, user content, comments, feedback, reviews and/or other submissions of whatever nature, not limited to ideas, know-how, suggestions, techniques, text, proposals, plans, site reviews, product reviews, photographs, audio, video clips or other materials, whether online, by email, by postal mail, or otherwise, are collectively referred to as “Content”.
5.1 Our rights and obligations with regards to Content
- If, at our request, or without a request from us, you voluntarily send or submit or otherwise provide Content to us, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you provide.
- By providing us any Content, in whichever manner, you grant us the royalty-free, worldwide, perpetual, irrevocable and transferable license (including a full waiver of any moral rights) to use, copy, reproduce, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, edit, reverse-engineer, disassemble, decompile, delete in its entirety and create derivative works from (by any means and any form) such Content, for any reason (including marketing and promotions) and across any channel (including emails, social media and the Site). This license will survive the termination of these Terms and your use of the Site.
- We are and shall be under no obligation to:
- maintain any Content in confidence;
- pay compensation for any Content;
- respond to any Content.
- All Content will be treated as non-confidential and non-proprietary.
- We may, without consultation or notice and without any obligation to, edit and/or remove Content that we determine in our sole discretion to be, or have the potential to be perceived as divisive, libellous, threatening, defamatory, abusive, obscene, indecent, pornographic, offensive or otherwise objectionable; unlawful, or infringe on any consumer or advertising law, or could give rise to any civil or criminal liability under any applicable law; violates any party’s intellectual property or these Terms.
- Under no circumstance will we be responsible or liable to you or any third party for any user Content. We take no responsibility and assume no liability for any Content posted by you or any third-party.
5.2 Your obligations with regards to Content
- You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Content. You are solely responsible for the accuracy and lawfulness of any Content you make.
- You represent and warrant that you own or otherwise control all of the rights of any Content that you provide. You agree that your Content will not violate any right of any third-party, including copyright, patents, trademark, privacy, service marks, trade secrets, personality or other personal or proprietary right.
- You further agree that your Content will not be divisive, libellous, threatening, defamatory, abusive, obscene, indecent, pornographic, offensive or otherwise objectionable; unlawful, or infringe on any consumer or advertising law, or could give rise to any civil or criminal liability under any applicable law; violates any party’s intellectual property or these Terms.
- You agree that your Content will not contain any computer virus, bugs, worms, trapdoors, malware or other harmful code of any nature that could in any way affect the operation of the Service or any related Site.
6. ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Site, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
7. PROHIBITED USES
- In addition to other prohibitions as set forth in the Terms, you may not use the Site, its contents, our products or other content found or accessed on or by means of the Site:
- for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit works or viruses or any code of a destructive nature or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Site, other Sites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service or any related Site, other Sites, or the Internet. We reserve the right to terminate your use of the Service or any related Site for violating any of the prohibited uses.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Site or service without our express written permission.
- A breach or violation of any of our Terms will result in an immediate termination of your Services, and/or subsequent legal recourse.
- We may prevent you from placing an order if your legal or shipping addresses are not location within one of our serviceable locations, at our sole discretion.
- By placing an order (“Order”) for any goods (including but not limited to products and gift certificates)(“Goods”) on the Site, you offer to purchase the Goods on and subject to these Terms.
- Each order, regardless whether you place the order in your own name for or duly authorised for and on behalf a third party, will constitute a separate and binding legal agreement between you and us with respect to the supply of the Goods in accordance with these Terms.
- You agree that all Orders will be for personal, non-commercial use only.
- By placing an Order, you acknowledge that you understand all Terms and Conditions and Policies that may be presented on the Site.
- You acknowledge it is your agreement and understanding of all policies, including shipping, return and any other policies that may apply once an Order is placed.
- It is your responsibility to inform yourself of any and all Terms, Conditions and Policies before placing an Order.
- You acknowledge that any order you placed is subject to the availability of the Goods so ordered. We reserve the right to cancel any order that cannot be fulfilled, or to place such an order on a backorder. We are not liable to refund the Order amount in such an event, and cannot be held liable for any impact or consequential damage resulting from your order being placed on a backorder.
- You acknowledge that we will endeavour to deliver the goods to you within the estimated timeframes outlined on the Site. We are not responsible for, and you explicitly indemnify usfor any impacts, damage or consequences resulting from any delivery delays or force majeure events.
- We reserve the right to accept or reject any order in our sole discretion, to hold an order pending payment verification and confirmation.
- You acknowledge that you cannot change an order at all once it has been placed, including but not limited to quantities, discounts, shipping addresses or names on the order. You furthermore indemnify us from any impacts or damage resulting from an order wrongly or incorrectly placed.
- We define the price of the goods (“Price”) on the Site as well as the cost of delivery and shipping (“Delivery Fee”) on the Site.
- We reserve the right to change the Price and/or Delivery Fee at any time, at our sole discretion without any notice to you. Should we erroneously update a Price or Delivery Fee on the Site, we reserve the right to cancel any order impacted by this pricing error and to refund you the amount you may have paid. We are not liable to pay for any impact or consequential loss as a result of any pricing errors.
10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service or site (including third party applications, tools or services) will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Plendi Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
- Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless Plendi Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- This indemnification obligation will survive the termination of these Terms and your use of the Site.
- In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
15. GOVERNING LAW
- These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
16. CHANGES TO TERMS
- You can review the most current version of the Terms at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
17. CONTACT INFORMATION
If you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail at L1 333/241 Adelaide Street, Brisbane, QLD, Australia 4000.