TERMS AND CONDITIONS OF USE
1.1. The (‘Website’) refers to www.planetnd.market.
1.2. The Website provides (‘Services’) including:
(a) Contributor articles and videos imparting mental health and wellness information; and,
(b) The Planet Neurodivergent Marketplace, which introduces consumers looking for independent sellers of mental health and related services (the ‘Receiver’) and independent sellers of mental health and related services (the ‘Provider’).
1.3. Use of the Website, or any of the Website’s associated Services, is provided by Planet Neurodivergent. Please read these terms and conditions of use (the ‘Terms’) carefully. By using, browsing, or reading the Website, this signifies that you (the ‘Users’) have read, understood, accept, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Website’s Services, immediately.
2. Services for all Users
2.1. You must be aged 18 years or older, or the age of majority in the jurisdiction where you reside to use the Services. The Services are void where prohibited by applicable law.
2.2. You may browse our Services without providing any personal information. Certain Services are available only to registered users (see clause 3 and clause 4).
3. Using the Website as the Receiver
3.1. To access the Services as a Receiver you are required to create an account (the ‘Account’) with an email address, first name, last name, username, and password.
3.2. Receivers are not required to pay a subscription fee to sign up for an account, browse, and purchase from the Planet Neurodivergent Marketplace.
3.3. Receivers must keep account information up to date at all times, and not share the details with any other person. Receivers must notify Planet Neurodivergent immediately of any unauthorised usage of your account and password.
3.4. When Receivers decide to purchase services from the Planet Neurodivergent Marketplace, the resulting legal contract is between the Receiver and the Provider and such contract will comprise of these Terms, the email confirmation of your order, and the applicable details on the service purchase page: Receivers agree to be bound by all such provisions. Receivers should carefully review the Terms, the order email confirmation, and the applicable details on the service purchase page in relation to that order. Any conflict or inconsistency should be reported to the purchase Provider immediately.
3.5. No order shall be deemed to be accepted by the Provider until we (acting as the commercial agent of the Provider) issue an email acknowledgement of order. The contract between the Receiver and the Provider will relate only to those services notified in the email acknowledgement of order.
3.6. Upon booking a Provider’s service, the Provider has 72 hours to respond and confirm the booking. If, within 72 hours, we (acting as the commercial agent of the Provider) have not received a response from the Provider, or the Provider responds that they cannot accept the booking, we will notify you that the transaction was not successful. You will not be charged and are free to select and book with another Provider on the marketplace.
3.7. Any services purchased for a monetary value are to be paid for by the Receiver within 72 hours of time of purchase confirmation.
3.8. Purchases for services Receivers make with Providers must be paid for using a debit or credit card through our payment facility, or through PayPal. Receivers agree that your bank, or PayPal, may charge you an additional transaction fee.
3.9. All prices shown are in USD and payable in USD. Receivers accept that some banks may charge you an additional fee for certain transactions (for example, international transactions), and that item prices in the currencies displayed do not vary according to location.
3.10. The Planet Neurodivergent website was created to help neurodivergents feel good about themselves and to connect them to useful services. It is here for the benefit of all. If we do not receive commission from a transaction it puts our service in jeopardy. To ensure we remain here for your use, once you make an enquiry with a potential Provider, Receivers agree to conclude the business (including making payment) through the Planet Neurodivergent Marketplace.
3.11. Receivers may rate and review a Provider’s services after usage. Receivers agree to complete any ratings and reviews honestly based on your experience with the Provider’s services. Planet Neurodivergent are not responsible for checking or editing reviews, but may, from time to time, undertake checks of the content that has been posted. If we come across any reviews which, in our absolute discretion, are illegal, defamatory, offensive or obscene, the reviews may be removed immediately without notice.
3.12. All transactions are subject to the Planet Neurodivergent Refund Policy set out in Clause 5.
4. Using the Website as the Provider
4.1. To access the Services as a Provider you are required to create an account (the ‘Account’) with an email address, first name, last name, username, and password.
4.2. Providers are required to pay a yearly subscription fee to belong to the Planet Neurodivergent Marketplace. Subscription fees will be laid in out in the selected subscription plan, and Provider’s will be responsible for paying these, in full, prior to listing any services.
4.3. Upon cancelling a plan subscription, your profile will be deleted within 24 hours; this includes cancellations that occur within any given trial-period.
4.4. If a Receiver books your services, we (acting as your commercial agent) will contact you with the booking details. You, then, have 72 hours to respond to us to advise whether you can/cannot confirm the booking. We encourage you to respond within 24 hours, if possible.
4.5. Provider’s agree to list all services in USD.
4.6. Planet Neurodivergent receives a commission for every successful transaction. The commission is calculated at 10% of the price of the final sale, and is automatically deducted from the amount to be transmitted to you once payment is made by the Receiver. Please note, there is a minimum transaction fee applicable of USD35.00.
4.7. Planet Neurodivergent offers two payment gateway services, Stripe and PayPal. Both Stripe and PayPal charge a fee for each transaction made, as follows:
(a) PayPal payment processing fees are deducted directly from your account after a successful sale of your services. Fees depend on three things: the country of the Provider, the country of the Receiver, and the Provider’s monthly sales volume. The fee is a combination of a percentage of the total transaction price, plus a fixed fee. The size of the fee is between 2% and 5%.
(b) Stripe payment processing fees are forwarded directly to Planet Neurodivergent, we, therefore, apply a 3% payment gateway service fee to the Provider’s transaction fee.
4.8. If payment is made via PayPal, the amount is transferred to the Provider immediately. If payment is made via Stripe, you will receive payment once both parties, the Receiver and the Provider, have marked the order complete. Stripe takes approximately 7 days to move the money.
4.9. The Planet Neurodivergent website was created to help neurodivergents feel good about themselves and to connect them to your services. It is here for the benefit of all. If we do not receive commission from transactions, it puts our service in jeopardy. To ensure we remain here for you to showcase your services and receive introductions to the neurodivergent community, once you receive an enquiry from a potential Receiver, you agree to conclude the business (including taking payment) through the Planet Neurodivergent Marketplace. This excludes non-retail sale listings.
4.10. As a Provider, you acknowledge and accept that your product’s rating and reviews will be publicly available for viewing on the Website. Planet Neurodivergent does not review this information before publishing, and shall not be held accountable for any ratings or review information written and published regarding your transactions and services.
4.11. All transactions are subject to the Planet Neurodivergent Refund Policy set out in Clause 5.
5. Refund Policy
5.1. If the Receiver feels the purchased Provider’s service is unsatisfactory and would like a refund of the purchase price, the Receiver must contact the Provider directly to obtain the refund. The Receiver should notify Planet Neurodivergent as to why the refund was requested, as the Provider’s account may be limited or cancelled if repeat infractions occur.
5.2. Planet Neurodivergent is not liable to the Receiver, nor the Provider, for any transactions, and will not refund, nor compensate, for any payments made when using the Services.
6. Intellectual Property Rights and Restrictions
6.1. Planet Neurodivergent owns all rights to the intellectual property and material contained on the Websites.
6.2. Where Users upload, broadcast or distribute content on the Website, you grant Planet Neurodivergent an irrevocable, perpetual, royalty free worldwide licence to broadcast, distribute, upload to social media and third-parties, and show your content in public.
7.1. Appropriate legal action will be taken by Planet Neurodivergent for any illegal or unauthorised usage of the website, including:
(a) Automated use of the Website or its Services;
(b) Using the Website for any commercial endeavours, including collection of email addresses by electronic or any other manner, commercial advertisements, affiliate links, or any other form of solicitation;
(c) Publishing material from the Website without prior consent;
(d) Extracting any data from the Website for personal or commercial usage;
(e) Using the Website contrary to applicable laws, or in a way that is damaging to other Users, businesses, or to the Website themselves.
(f) Users agree not to harass, impersonate, threaten, or stalk other Users of the Website.
7.2. These Terms do not cover use of the Planet Neurodivergent Coaching service.
9. Limitation of Liability
9.1. Planet Neurodivergent make no warranties, express or implied, as to the completeness, accuracy, or appropriateness of the Services provided on the Website.
9.2. Users agree that Planet Neurodivergent, its employees, affiliates, and contributors shall not be liable to you for any direct, indirect, incidental, or special damages incurred by you. This includes any loss of profit, loss of goodwill, loss of reputation, or any other intangible loss; This includes damages you may incur as a result of providing your content to the Website.
9.3. Use of the Website and the Services is at the risk of the User. Before participating in any Services that may be described and/or made accessible in or through the Website, we strongly recommend that Users consult with a professional healthcare provider. Planet Neurodivergent and its staff are not professional care providers. While some content on the Website may be by the general public or professional care providers, the authors are not rendering professional advice of any kind to Users personally, but are merely providing general education and information. Users acknowledge and agree that when reading or participating in our content, there is the possibility of physical injury, emotional distress or death, and will assume the risk and responsibility for any such results.
9.4. To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from use of any part of a Provider’s services.
9.5. Planet Neurodivergent cannot give any undertaking that services Receivers purchase from Providers on the Website will be of satisfactory quality, and this, and any other such warranty (whether express or implied) are disclaimed by us absolutely and to the fullest extent permitted by law. This disclaimer does not affect the Receiver’s statutory rights against the Provider.
9.6. Planet Neurodivergent do not review, nor control, and are not responsible in any way for, Provider listings.
9.7. Planet Neurodivergent may refuse to process a transaction for any reason, or refuse service at any time, at our sole discretion. Planet Neurodivergent will not be liable to Users, or any third party, by reason of so refusing, unwinding, or suspending any transaction after processing has begun.
9.8. Users agree to indemnify and hold us, our affiliates (and their respective employees, directors, and representatives), harmless against any claim or action brought by a third party, arising out of, or in connection with, any reviews or ratings left by you on the Website.
9.9. By reason of occasional technological difficulties, and to the extent permitted by Australian Law, we will not be liable for any compensatory or exemplary damages arising out of, or in any way connected with, use of the Website, or inability to use the Website, even if we have been advised of the possibility of damages.
10.1. If any clause in these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10.2. Planet Neurodivergent reserves the right to discontinue these Terms with you at any stage, at its sole discretion.
11.1. You indemnify Planet Neurodivergent from, and against, any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
12. Governing Law and Jurisdiction
12.1 These Terms are to be construed in accordance with the laws of Queensland, Australia and in the event of any dispute or claim associated with these Terms, that dispute or claim shall be subject to the exclusive jurisdiction of Queensland, Australia. In the event of any dispute arising out of or in relation to the Websites, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.