Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY.

The document outlines the terms and conditions of use (hereinafter referred to as “Agreement”) applicable to your use of TIMO.EARTH Trading Hub (hereinafter referred to as “TETH”), which facilitates business interactions between suppliers and buyers globally. This Agreement is between you, the user(s) of the website (the “User(s)”), and TIMO.EARTH. (hereinafter referred to as “”TETH”) and wholly owned Planet Food Solutions Ltd (NZBN: 9429051764852). By subscribing to and/or beginning participation in or use of the website, “TETH” assumes that User(s) have fully read, understood, and accepted this Agreement.

If you do not agree to or wish to be bound by the Agreement, you may not access or otherwise use the website.

1. Website- A Venue/Platform

The website acts as a venue/platform for our members to negotiate/interact for buying, selling, and other business services by locating companies to trade with, through our online hub.

We do not partake in the actual transaction that takes place between the buyers and sellers and hence are not a party to any contract for sale negotiated between buyers and sellers. All transactions will be the responsibility of the members only. This Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between “TETH” and another party.

2. User(s) Eligibility

User(s) means any individual or business entity/organisation that legally operates in any global geography, has the right to use the services provided by “TETH” . Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law. Therefore, user(s) must not be a minor as per the New Zealand Law, i.e., user(s) must be at least 18 years of age to be eligible to use our services.

“TETH” advises its users that while accessing the website, they must follow/abide by the related laws. “TETH” is not responsible for the possible consequences caused by your behavior during the use of the website. “TETH” may, in its sole discretion, refuse the service to anyone at any time. The service is not available to temporarily or indefinitely suspended members of the website.

3. User(s) Agreement

This agreement applies to user(s) if user(s) are visitors, registered – free or paid user(s) who access the website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. User(s) may use this site solely for their personal or internal purposes.

This agreement applies to all “TETH” services offered on the website, collectively with any additional terms and conditions that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.

4. Amendment to User(s) Agreement

“TETH” may change, modify, amend, or update this agreement from time to time without any prior notification to user(s), and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms.

5. Intellectual Property Rights

“TETH” is the sole owner or lawful licensee of all the rights to the website and its content. Website content means its design, layout, text, images, graphics, sound, video, etc. The website content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the website and its content shall remain with TIMO.EARTH, its affiliates, or licensors of TIMO.EARTH content, as the case may be.

All rights not otherwise claimed under this agreement or by TIMO.EARTH are hereby reserved. The information contained in this website is intended solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. “TETH” does not represent or endorse the accuracy or reliability of any information or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded, or accessed from any of the services contained on this website, nor the quality of any products, information, or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.

We accept no responsibility for any errors or omissions or for the results obtained from the use of this information. All information on this website is provided “as is,” with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the user(s). In no event shall PFSTH be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials, and the products.

VI. Links to Third Party Sites/Content

The website may provide links to third-party sites as a convenience to User(s). “TETH” has no control over such sites i.e., content and resources provided by them. “TETH” may allow User(s) access to content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels, or otherwise) to such Third Party’s website. You are cautioned to read such sites’ terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. “TETH” believes that User(s) acknowledge that PFSTH has no control over such third-party sites, does not monitor such sites, and “TETH” shall not be responsible or liable to anyone for such third-party site, or any content, products, or services made available on such a site.

VII. Termination

“TETH” reserves the right to terminate access to certain areas or features of the website at any time for any reason, with or without notice.”TETH” also reserves the right to deny access to particular User(s) to any/all of its services/content without any prior notice/explanation in order to protect the interests of “TETH” and/or other visitors to the website.”TETH” reserves the right to limit, deny or create different access to the website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

“TETH” withholds the right to temporary or permanent termination of membership of any User for any of the following reasons:

    • If it concludes that the User(s) have provided any false information in connection with the member account to “TETH” , or are engaged in fraudulent or illegal activities.
    • The User(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the website.
    • Utilise the “TETH” website to send spam messages or repeatedly publish the same product information.
    • Post any material to members that is not related to international trade or business cooperation.
    • Impersonate or unlawfully use another company’s name to post information or conduct business of any form.
    • Any unauthorised access, use, modification, or control of the website database, network, or related services.
    • Obtain by any means “TETH” website member’s username and/or password.

If “TETH” terminates User(s) membership, User(s) will not have the right to re-enroll or join “TETH” under a new account or name unless formally invited to do so by “TETH” . In any case of termination, no membership charges will be refunded. User(s) acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effects on its business. User(s) hereby agree that in no event shall the website be liable to the User(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise), any delays, inaccuracies, errors, or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential, or otherwise) arising from the use of or inability to use the website or any of its features.

VIII. Registered User(s)

To become a Registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily log-in and log-out. User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business or products.). “TETH” will establish an account (“Account”) for the User(s) upon registration and assign a user alias (“User ID”) and password (“Password”) for log-in access to your Account. The “TETH” website may or may not assign User(s) upon registration a web-based email/message account with limited storage space to send or receive email/messages. Users will be responsible for the content of all the messages communicated through the “TETH” communications hub, as well as the consequences of any such message.

If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to “TETH” during the registration process is true, accurate, current, and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.

By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize “TETH” to share such information with other User(s). PFSTH may refuse registration and deny the membership and associated User ID and Password to any User for whatever reason. The website may suspend or terminate a Registered membership at any time without any prior notification in interest of”TETH” or general interest of its visitors/other members without giving any reason thereof. Despite my and the organisation’s contact number(s) are on Do Not Call Registry, I consent to be contacted by TIMO.EARTH (“TETH” ) through phone calls, SMS notifications, or any other means of communication, in respect to the services provided by “TETH” .

IX. Data Protection

Personal information supplied by User(s) during the use of the website is governed by our privacy policy. Please click here to know about our privacy policy.

X. Posting Your Content on the Website

Some of the content displayed on the website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.

“TETH” in such a case is not the author. The content here is contributed by anonymous, registered, or paid user(s). Neither “TETH” nor any of its affiliates, directors, officers, or employees has entered into a sale agency relationship with such a third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. “TETH” is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third Party content, and shall not be liable to any User(s) in connection with his/her reliance on such Third Party content. In addition, “TETH” is not responsible for the conduct of User(s)’ activities on the website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such User’s conduct.

User(s) solely represent, warrant, and agree to:

(a) Provide “TETH” with true, accurate, current, and complete information to be displayed on the website and

(b) Maintain and promptly amend all information to keep it true, accurate, current, and complete.

User(s) hereby grant an irrevocable, perpetual, worldwide, and royalty-free, sublicensable (through multiple tiers) license to “TETH” to display and use all information provided by them in accordance with the purposes set forth in the agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known, with respect to your information. “TETH” will only use personal information in accordance with “TETH’s” Privacy Policy.

As part of a transaction, User(s) may obtain personal information, including email address and shipping information, from another “TETH” user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for “TETH” -related communications. “TETH” has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any “TETH” user to your email or physical mail list.

For some services, “TETH” may require your credit card number and billing information. “TETH” will protect this information in a manner consistent with this Privacy Policy. In addition, the credit card information will be encrypted using industry-standard technology for conduct secure online transactions. While “TETH” will employ every reasonable effort to ensure the security of all credit card and all other personal information, “TETH” expressly disclaims any liability for any damage that may result should any information be released to any third parties, and you agree to hold “TETH” harmless for any damages that may result therefrom.

“TETH” will use the information it obtains relating to your use of the website, including but not limited to your IP address, name, mailing address, email address and use of the website, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.

XI. Interaction Between Users

“TETH” provides an on-line platform for exchanging information between buyers and suppliers of products and services. The website does not represent the seller or the buyer in specific transactions however does charge a small commission on FOB or EX Factory Value for enabling any transaction as well as levy a small subscription fee to cover USE(S) listing and related marketing costs. The “TETH” website does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the “TETH” website or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

USER(s) are cautioned that there may be risks of dealing with people acting under false pretenses. “TETH” employs methods to verify the accuracy of the information our user(s) provide us when they register on the website. However, because user verification on the Internet is infallible, “TETH” cannot and does not confirm each User(s)’ purported identity (including, without limitation, to Trust Seal sites). We encourage you to use the various tools available on the “TETH” website, as well as common sense, to evaluate with whom you are dealing. All communications between USER(S) should occur within “TETH” website.

USER(S) acknowledge that they fully assume the risks of purchase and sale transactions when using the website to conduct transactions, and that they fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the website.

Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights, and the risk that User(s) may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by USER(S) of the website as a result of purchase and sale transactions in connection with using the website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”.

USER(S) agree that “TETH” shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks.

USER(S) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation, demurrage and storage.

In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify “TETH” (and our agents, affiliates, directors, officers, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

XII. Limitation of Liability/Disclaimer

The features and services on the “TETH” website are provided on an “as is” and “as available” basis, and website hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.

Under no circumstances shall “TETH” be held liable for an delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

USER(S) hereby agree to indemnify and save “TETH” , its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the “TETH” website (including but not limited to the display of such User(s)’ information on the “TETH” website) or from their breach of any of the terms and conditions of this Agreement. USER(S) hereby further agree to indemnify and save “TETH” , its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the “TETH” website. User(s) hereby further agree the “TETH” website is not responsible and shall have no liability to them, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each USER(S).

“TETH” shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

The use or the inability to use the “TETH” website; Any defect in goods, samples, data, information or services purchased or obtained from a USERR(S) or any other third party through the website; Violation of Third Party Rights or claims or demands that USER(S)’ manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the “TETH” website may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants; Unauthorised access by third parties to data or private information of any User(s); Statements or conduct of any USER(S) of the “TETH” website; or Any matters relating to Services however arising, including negligence.

XIII. Notices

All notices or demands to or upon the “TETH” shall be effective if in writing and shall be duly made when sent to “TETH” in the following manner: to “TETH” Planet Food Solutions Ltd, 660 Tauwhare Rd, Matangi Waikato 3287, New Zealand..

All notices or demands to or upon a USER(S) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the USER(S) to “TETH” website, or by posting such notice or demand on an area of the website that is publicly accessible without a charge. Notice to a USER(S) shall be deemed to be received by such USER(S) if and when website is able to demonstrate that communication, whether in physical or electronic form, has been sent to such USER(S), or immediately upon website’s posting such notice on an area of the website that is publicly accessible without charge.

XIV. Governing Law and Dispute Resolutions

Terms and conditions of use agreement and/ or Agreement, Privacy Policy shall be governed in all respects by the laws of New Zealand. “TETH” considers itself intended to be subject to the jurisdiction only of the Courts of New Zealand. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of New Zealand.

XV. Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. “TETH’s” failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives “TETH’s” right to act with respect to subsequent or similar breaches. “TETH” shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Services to any person or entity.

XVI. Buyer & Seller Terms of Use

Under the Buyer & Seller arrangement, “TETH” shall develop a profile for the USER(S) company and it’s products on its website, wherein “TETH” shall display all the leads for the USER(S) company separately, which would help USER(S) in locating the RIGHT Buyers in short period of time.

USER(S) company hereby grants the right to “TETH” to use its Intellectual Property on its website in relation to the requirements posted by the USER(S) on TIMO.EARTH Trading Hub.. USER(S) company ensures that the contents provided to “TETH” shall not contain any material which is offensive, derogatory, explicit, perverse to any specific race, gender, or class of persons or degrading to public conscience or morals and do not breach any applicable law. “TETH” has the right to refuse any USER(S) application for placement on the “TETH” website.

“TETH” makes no representations or warranties to USER(S) with respect to the services provided by “TETH” under any of its marketing programs. “TETH” hereby disclaims all warranties express and implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the services provided by “TETH” under any of its marketing programs.

All intellectual property rights in the logos, brands, and trademarks of USER(S) Company used in relation to the above-mentioned service shall vest with the USER(S) Company only.

In no event shall “TETH” be liable to USER(S) Company for any special, exemplary, indirect, incidental, consequential, punitive, or any damages arising out of or in connection with respect to the services provided under any of its marketing programs.

Apart from the said terms & conditions, the terms of use of TIMO.EARTH will be deemed to form part and parcel of its marketing programs Term & Conditions.

XVII. Products/Service Policies

PHARMACEUTICAL PRODUCTS: TIMO.EARTH is a platform that does not facilitate the purchase or sale of pharmaceutical products; instead providing a Business to Business (BtoB) service for manufacturers and suppliers of plant-based, cultivated, alternate, 3D printed meat products and ‘new proteins, as well as non-dairy, alternative foods, plant-proteins and technologies associated with any of the aforesaid activities.

PROHIBITED AND RESTRICTED PRODUCTS: Before posting a product on TIMO.EARTH, one should carefully review the list of prohibited and restricted products. Prohibited and restricted products include but are not limited to:

    • Alcoholic beverages
    • All illegal drugs and substances
    • Illegal herbal products
    • Unlicensed pesticides
    • Used cosmetics
    • Lottery tickets
    • Pornographic materials
    • Counterfeit stamps, coins, and
    • notes
    • Cash or cash equivalent
    • instruments
    • Crypto Currency instruments
    • Stocks and securities
    • Fireworks and explosives
    • Firearms and ammunitions

“TETH” reserves the right to prohibit any products that it deems illegal or offensive.

IMPORTANT: Failure to comply with “TETH” policies may result in the termination of your account and other necessary actions.

Participation with this site implies that you as an individual or Company representative have thoroughly read and understood all contained herein.

ENDS:

Changes to the Privacy Policy

This policy may change from time to time, so please check periodically.

ENDS: