By using www.parentvillage.co.nz you agree that you have read, understood and accepted these Terms of Trade. All website transactions with Parent Village will be in accordance with these Terms of Trade.
Account refers to your online business profile with us.
Charges refers to any fees payable.
Confidential Information refers to any information we provide to you.
Products refers to any of our products and/or service deliverables.
Final-user refers to any third party user of parentvillage.co.nz, or related platform.
Fixed Term refers to the term length of a fixed term product.
Renewal Term refers to the renewal period of a recurring product.
Insolvency Event means where you go into liquidation, cease to carry on your business, or are unable to pay your debts.
Purchase Form refers to any document we provide which enables you to order Products, including on our self-service website platform.
Representative refers to you, and any employee, contractor or agent acting for you.
Terms refers to these Terms of Trade together with the Card Authorisation Terms.
Parent Village, we, us or our refers to Parent Village Limited, having its registered office at 8 Ngatira Rd, Muriwai Beach, Auckland, 0881.
You or your refers to each party to whom we provide Products, including their representatives.
Your Content refers to all material presented to us by you, and/or sourced by us from your publicly available collateral, advertising, website, or other publications.
2.1 We may update or revise the Terms at any time. Changes will be deemed in effect from the time they are published at /terms-of-use for terms (or any successor URL).
2.2 No other terms shall apply to any Product, unless approved in writing by a Parent Village Director.
2.3 If any provision of the Terms is declared to be illegal or unenforceable, the remaining Terms will continue to be in effect.
3.1 To order a Product, you must approve the relevant Purchase Form for that Product. Only Purchase Forms prepared by us in their original form may be approved by you. When you approve a Purchase Form, through email or through our self-service website, you accept our Terms. We are not obliged to provide any products upon receiving a Purchase Form. If we choose to accept your offer, we will indicate this by providing the applicable Product(s).
3.2 Approving a Purchase Form is equal to making an irrevocable offer to purchase a Product(s) on the assumption that you have full legal capacity to accept the Terms. We rely on the apparent authority of anyone who completes a Purchase Form on your behalf.
3.3 We may decline a Purchase Form without further notice to you. This will be deemed apparent where we have not delivered the relevant Product(s) within a reasonable time period.
3.4 It is your responsibility to provide us with accurate information when submitting a Purchase From or creating an Account. You accept responsibility for keeping your details up to date.
3.5 It is your responsibility to keep your login and password safe; customers are liable for every order made under their login.
3.6 Products delivered by us are not to be transferred or re-sold.
4.1 Where payment of charges is completed via invoice, all amounts must be paid in full by the specified due date. If no date is specified, payment must be received by the 20th of the month following the date the invoice was received.
4.2 Parent Village uses Windcave for all online credit card payments. We do not collect or store any credit card information. When making a purchase you will be directed to a secure webpage hosted by Windcave to enter your payment details. Windcave is New Zealand's largest and most preferred gateway provider.
4.3 You are obliged to inform us of any errors in the Charged amount prior to the payment due date, or as soon as the error is noted by you.
4.4 Rates exclude GST and may be subject to change. All prices displayed are in NZ Dollars.
4.5 Monthly recurring payments will be charged in advance on a monthly basis.
5.1 We are not obliged to renew a product at the Renewal Term, and shall accept no liability where we choose not to renew a product, even if we have previously indicated that we would do so.
6.1 Where you fail to pay an invoiced amount by the due date, we reserve the right to;
a. require you to pay any costs incurred to us as a result of your late payment;
b. report your late payment to credit reference agencies;
c. suspend or terminate any relevant Products purchased by you;
d. require you to pay all outstanding amounts in one lump sum
7.1 You may terminate a Product:
a. at the end of a Fixed Term where applicable;
b. where a Renewal Term is in effect, at any time by giving us 30 days written notice. Cancelling a Product using our self-serving website constitutes written notice.
7.2 We reserve the right to terminate any Product at any time, for any reason. We will endeavour to give you prior written notice of such a termination in good faith.
8.1 Where a Product is terminated in accordance with clauses 7.1, or due to an Insolvency Event, you are obliged to pay all outstanding charges for that Product up to the date of termination, or the end of the Fixed Term where applicable.
8.2 Where a Product is terminated by us:
a. You must pay any outstanding Charges; and
b. We will return any Charges pre-paid by you as credit to your Parent Village Account.
9.1 We reserve the right to suspend a Product at any time for any reason. If this should occur, we waive liability for any losses incurred from the suspension event.
9.2 In the case of a Product being suspended by us at our convenience:
a. We are not obliged to, but will endeavour to give you prior written notice of such a suspension; and
b. You will not be charged during the suspension period.
9.3 In the case of a Product being suspended by us because of a breach by you of any Terms:
a. we are not obliged to, but will endeavour to give you prior written notice of such a suspension; and
b. You are liable for any additional costs incurred as a result of the suspension event; and
c. You are liable for all Charges for that Product during the suspension period.
10.1 We endeavour to continually improve our service, and as such, we may change a Product at any time, and;
a. we are not obliged to, but will endeavour to give you prior written notice of any change; and
b. you must continue to pay any Charges for the effected Product until terminated in line with section Clause 10.1.
10.2 We must provide written notice to you before changing any Charges for a given product. No changes in Charges will occur during a Fixed Term.
11.1 To ensure we are able to deliver Products effectively, you acknowledge that we may require that you provide us with Your Content, feedback on Product(s), and approval of draft Product(s), within specified timeframes.
11.2 If you fail to perform certain actions, as outlined in clause 11.1, within the specified time frames, we shall not be liable. Further, you acknowledge that failure to provide feedback is equal to giving your approval, and we may publish any applicable Product on that assumption.
12.1 We shall reasonably endeavour to correct any mistake, where we determine a mistake has been made with respect to a Product. Where corrective action is taken swiftly and appropriately, we will deem the dispute resolved. We may elect to credit your account for an amount we think appropriate, and you will work with us in good faith to determine how we can help you.
12.2 In the event of a dispute, both parties agree to keep the dispute confidential.
13.1 You may contact us through the following channels:
a. by phone within New Zealand on 027 979 5723
b. by email to email@example.com;
c. via the online submission form at https://www.parentvillage.co.nz/contact;
13.2 We may send bills and information via the email or postal address you have provided. Any notice sent by us is deemed delivered 3 days after postage, or once transmitting is complete via email.
14.1 You accept that, unless otherwise stated by you in writing, we reserve the right to reproduce, modify, distribute, or otherwise publish Your Content in order to deliver our Products.
14.2 You accept that we are not responsible for the accuracy of Your Content. Any of Your Content used in a Product is warranted and represented by you, and must:
a. comply with the Fair Trading Act 1986, the Trade Mark Act 2002, the Copyright Act 1994, the Defamation Act 1992, the Financial Advisers Act 2008, and any additional applicable laws;
b. comply with all relevant codes of the New Zealand Advertising Standards Authority;
14.3 If any of Your Content becomes inaccurate, or is alleged to infringe any law or advertising code, you must notify us.
14.4 We reserve the right to edit or refuse to publish Your Content at any time, for any reason. We will endeavour, but are not obliged, to contact you prior to editing or removing Your Content.
15.1 We do not act as an agent, or on behalf of you or Final-users. Any transactions, dealings, or risks associated with Final-users is your sole responsibility.
15.2 You accept that:
a. due to the wide ranging forums and devices used by Final-users, the presentation of our Products may vary, and not all features of a Product will necessarily be available to all Final-users; and
b. we are not liable for content submitted by Final-users in connection to Your Content or related Products, such as comments and reviews. We will, however, endeavour to moderate this content as best we can.
16.1 We own all Intellectual Property rights in:
a. any of our Products;
b. any material we create for you in relation to a Product, including modifications and amendments to Your Content.
c. our trademarks and all other material created by us.
16.2 You must have express written permission from us in order to use our Intellectual Property.
a. accept that we require no further notice from you, in order to syndicate, distribute, or publish Your Content and other content relating to your business across multiple marketing channels and mediums.
b. accept that Your Content may be published alongside other content; and
c. accept that we waive any responsibility for losses arising in connection with any such use of Your Content as outlined in clause 17.1(a).
18.1 You accept that in the general operation of our business we may collect information about you. This may be:
a. offered by you directly, or obtained when you use our products; and/or
b. provided by Final-users or other third-parties.
18.2 We reserve the right to use your information to:
a. deliver Products;
b. offer new or additional Products;
c. obtain feedback;
d. obtain payment for Products;
e. generally operate our business;
f. provide to third parties for targeted advertising.
18.3 We reserve the right to use non-personal information in marketing and promotional materials.
18.4 We endeavour
19.1 You indemnify us against any losses incurred by us as a result of our provision of a Product to you, or as a result of you not meeting your legal responsibilities to any Final-user.
20.1 Whilst we endeavour to provide a high quality service, we do not warrant that any Product will be completely accurate and continuously available. We also do not guarantee the accuracy of projected returns as a result of purchasing a particular Product.
21.1 To the maximum extent allowed by law, we are not liable to you for any damages arising in connection with any Product. By accepting a Purchase Form, you waive any liability that we may have to you in relation to the Product delivered.
22.1 You consent to receiving promotional material from us, from which you can unsubscribe at any time.
23.1 These Terms are subject New Zealand laws.