Terms and Conditions
Planet Arborist Limited websites (‘Our Websites’) includes 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. Our company details, including registered office, are Planet Arborist Limited, 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”.
These Terms and Conditions (“Terms”) set out the general terms governing your use of Our Websites. They apply to you as you first use Our Websites, and you are deemed to have agreed to be bound by them upon your first use of any of Our Websites.
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 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 the registration is true and accurate in all respects. You will update us via your account 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 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 immediately. 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 Website and Services
You may only use Our Websites and Platform in compliance with applicable laws and for legitimate purposes.
By accepting the Terms and Conditions 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 and Conditions 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 nor any concepts in the Content or Documents;
- Rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit Our Websites or otherwise make it 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 it 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 the us; or
- 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.
- Where you sign up Our Websites which require the use of a log-in account or password, you agree that you shall be responsible for keeping those passwords and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know via email at [email protected] as soon as possible.
- 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 we refer to all of these 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, Chapter 3 of the UK Copyright, Designs and Patents Act 1988 (which contains what are generally known as the “fair use” provisions for copyrighted 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 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:
you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the licence referred to in paragraph b) below in respect of;
although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Planet Arborist Limited a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Our Websites; and
we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User.
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.
7. Disclaimers, Liabilities and Termination
You need to be aware that:
- We make no warranty or representation (express or implied) that Our Websites will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate.
- We make no guarantee of any specific results from the use of the Website.
- 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 it 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 direct or indirect loss or damage, foreseeable or otherwise, including 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 it’s Content at your own risk. This is not intended to exclude or restrict our liability for death or personal injury arising from your use of Our Websites.
- Users should be aware that they use Our Websites and its Content at their own risk.
Your use of Our Websites is entirely at your own risk. Although, where relevant, we endeavour to enforce strict ‘price accuracy’ policies with all partners who provide us with product data and endeavour to ensure that the content displayed on or via Our Websites is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the Our Websites on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that Our Websites (a) is accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) is secure or are free from errors, faults, defects, viruses or malware.
Planet Arborist is not a retailer and is not responsible for providing any product options displayed via Our Websites or for setting or controlling the prices we display. Any relevant Third Party 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 with Retailers but is not responsible and has no liability to you in respect of such purchases. 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 the time of purchase and you should ensure that you read and fully understand them before completing your purchase. 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 Retailer Terms could result in the cancellation of purchases and other benefits, and additional charges.
Limitations and exclusions of liability
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). 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 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. 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. 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:
- any inaccuracies or omissions in the content displayed on or via the Our Websites; or
- 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.
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
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.
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 membership and your access to your account. Planet Arborist may suspend your use of the Our Websites without notice at any time, without incurring any liability to you whatsoever.
8. 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 and Conditions adhere strictly with the relevant provisions of the UK Unfair Contract Terms Act 1977 and other 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 Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This clause on “Severability” shall apply only within jurisdictions where a particular term is illegal.
10. No Waiver
In the event that either you or we fail to exercise any right or remedy contained in these Terms and Conditions, 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 and Conditions to take account of changes in the law or for any other reason. If we update these Terms and Conditions, 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 and Conditions to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.
12. Communications, Suggestions and Complaints
If you wish to communicate with us about anything related to these Terms and Conditions, 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’
13. Choice of Law
Irrespective of the country from which you access or use Our Websites, to the extent permitted by law, these Terms and Conditions, 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. This means that in order to resolve any disputes which may arise hereunder it must be done in one of these courts.
We have used a few capitalised terms in this agreement, which means that they have specific definitions. In some cases the definition is set out when they are first used, but in a few cases we give the meaning below instead.
- Terms of Service means the terms of service of Our Websites, available here at Terms of Service; and
- Our Websites means as defined at the start of this policy.