PLOOSH TERMS OF SERVICE
Ploosh is operated by Ploosh Limited (“Ploosh”, “we”, “us”, “our”). Ploosh is a mobile app which provides a marketplace connecting persons requiring restroom facilities with property owners (“the Ploosh App”).
- Acceptance of Terms of Service
Please read these terms of services carefully: by registering, downloading, accessing and using the Ploosh App you agree to these Terms of Service. If you do not accept these Terms of Service, you must immediately refrain from using the Ploosh App.
- Changes to Terms of Service
Ploosh operates in a changing business, technological and regulatory environment, we may amend these Terms of Service from time to time. Unless otherwise stated, amendments will be effective immediately when we post them on the Ploosh App and our website. You are responsible for ensuring you are familiar with the latest terms of service. Your continued use of the Ploosh App, represents your agreement to be bound by the latest terms of service as amended.
- The Ploosh App
- Individual persons or entities can register on the Ploosh App as members (“Members”). Members may select between using the Ploosh App as a ‘Guest’ or as a ‘Host’.
- A Host offers toilet, shower, laundry or other restroom facility (“the Property”) for a fee to Guests (“Host Service/s”).
- A Guest can book the Host Service for their private use (“Guest Booking/s”).
- Your use of the Ploosh App
- You may only use the Ploosh App if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old.
- To access and use the Ploosh App you are required and agree to provide correct, complete and current information including your credit card and bank account information when registering, accessing and using the Ploosh App (“Personal Information”). We may allow you to register an account by using a third-party account to provide us with your Personal Information. Further terms may apply if you register using a third-party account. You agree to keep your Personal Information up-to-date and accurate.
- You agree to keep your user name, password or any other security related information as confidential (“your Login Information”). You agree not to provide your Login Information to any other person, entity or Member. You agree to notify Ploosh immediately of any unauthorized access to or use of your Login Information or any other breach of security.
- You acknowledge that Ploosh will send you regular electronic correspondence, notifications or emails relating to the Ploosh App and any other activities related to Ploosh or our third-party partners and suppliers. Correspondence will comply with the Unsolicited Electronic Messages Act 2007 and you can opt out of receiving them at any time by clicking the unsubscribe link provided. You acknowledge that opting out may affect your ability to offer Host Services and make Guest Bookings.
- We reserve the right at our discretion to cease or decline to provide you with any or all of the services we offer or access to the Ploosh App at any time without entering further discussions with you. Any such refusal or termination shall not affect any right or remedy to which Ploosh may be entitled.
- You agree not to publish, list or include any material subject to copyright or other intellectual property not owned by the Member, Host or Guest.
- The Ploosh App
- The Ploosh App provides Members a platform to provide Host Services and make Guest Bookings for a period of time determined by the Host and the Guest.
- The provision of the Host Services is not for overnight users or for those looking for permanent or long-term access or rental.
- Ploosh along with third-party suppliers facilitate a payment system to enable Members to transact with other Members as Hosts and Guests.
- With the exception of when we facilitate a payment by the Guest via the credit card facility provided through the Ploosh App, we are not a party, either ourselves or on behalf of any Host or the Guest, in any transaction resulting from use of the Ploosh App, or any dispute arising from any such transaction. Hosts and Guests contract directly with each other and should communicate and deal with each other directly to resolve any problems or disputes.
- Transactions and all other contact between you and any other Member are conducted entirely at your own risk. Without limiting any other clause of these terms of service, you acknowledge that Ploosh takes no responsibility or liability for any misconduct of any of its members including, without limitation, misrepresentation of properties and fraudulent behaviour and that Ploosh gives no undertakings, representations, or warranties in relation to the accuracy of information on the website.
- You must only offer Host Services and/or Guest Bookings that you intend to make available, use and pay for. You must not use the Ploosh App to make speculative, false or fraudulent bookings.
- Ploosh reserves the right to amend or remove information published on or through the Ploosh App or website if Ploosh considers it incorrect or misleading, or if Ploosh considers your action towards either a Host or Guest is inappropriate.
- You acknowledge that we are not the agent of any Member, Host or Guest listed on the Ploosh App. We do not endorse any Member, Host, Guest or the Property list by a Host, and we have no control over the suitability, description, quality or price of anything anyone advertises on our site.
- You must not use the Ploosh App for any other purpose other than making Guest Bookings and offering Host Services within the Ploosh App.
- Host Service/s
- You must provide accurate details about your property at the time it will be available to Guests.
- By registering the Property on the Ploosh App, you agree to make the Property available as a Host Service for a Guest to book as a Guest Booking.
- The Property is ‘Open’ for a Guest Booking at the time you activate your listing.
- You agree, while the Property is ‘Open’ that you will provide the Host Services to a Guest making a Guest Booking.
- The Property remains Open until such time a Guest Booking is made, or you mark the Property as ‘Closed’ or suspend the Property listing.
- You will only list the Property for access if you are authorised to do so. If you are a co-Host of the Property, you must ensure that all other co-Hosts agree to you permitting access to the Property and offering of the Host Service.
- You acknowledge and confirm that the Property is insured to provide the Host Service to the Guest.
- A Host may charge a Guest a fee for booking the Host Services (“Host Fee”);
- You must list Host Fees in New Zealand dollars and include GST in the price (if any). You acknowledge that your tax obligations are your responsibility.
- You will be asked to provide specific rules, restrictions and requirements for Guests (“Host’s Guest Rules”).
- You must not place your contact details (including any contact phone numbers or email addresses), or the details of any app or website through which you advertise the Property, in the body of your listing.
- Hosts are responsible for your own insurance in relation to the Property and provision of the Host Services.
- You agree to allow Ploosh to deduct our commission from the Host Fee.
- Guest Booking/s
- A Guest may book a Host Service at any time if the Property is ‘Open’.
- Upon making a Guest Booking, you agree to allow our third-party payment system to process your payment of the Host Fee to the Host for the Host Service and for Ploosh to deduct our commission from the Host Fee.
- Hosts may have Host’s Guest Rules. The Host’s Guest Rules will be provided in the listing. By making a Guest Booking, you agree to be bound by the Host’s Guest Rules.
- While the Ploosh App shows probable availability of the properties, it is not a guarantee that a specific property is available at a certain time. You must check at the time of making a Guest Booking.
- Specific Warnings
- Your use of the Ploosh App and any third-party system or process is at your sole risk.
- The Ploosh App is provided on an “as is” and “as available” basis.
- Ploosh does not give any warranties of any kind, whether express or implied, in relation to the Ploosh App, the Member details, Host Services listed on the Ploosh App, or your use of the Ploosh App, website and/or service, including (without limitation) the availability, accuracy or completeness of the Ploosh App and the information on it, or the quality or suitability of any Host Service, property, product or service featured or made available by us.
- Ploosh may modify or discontinue the Ploosh App or our services without notice to you.
- Reviews and Correspondence
- The review and correspondence you provide on the Ploosh App about Guests, Hosts and properties must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language.
- Ploosh is not responsible for any of the opinions expressed in the review facility. By posting a review you agree to take full legal responsibility and liability for your statements and to indemnify Ploosh from all liability, loss, damages, costs or expenses suffered by Ploosh in connection with your review.
- You may only give feedback related to a specific Host Services or Guest Booking that was booked through the Ploosh App.
- You must not include any personal information in any review and correspondence including but not limited to names, addresses, phone numbers and email addresses.
- Ploosh reserves the right to remove any reviews or correspondence that it considers inappropriate or in breach of these Terms of Service.
- Reviews and correspondence submitted to the Ploosh App are provided for the sole purpose of facilitating the operation of the Ploosh App and our services. You must not market or export any reviews on the Ploosh App to any other app, website or location.
- Any correspondence you send to a Guest or Host must not contain offensive, defamatory, unlawful, misleading, deceptive or inappropriate language. You agree that if you use the messaging function or otherwise use the contact details of a Guest or Host obtained in connection with using the Ploosh app, that your correspondence with the Guest or Host will relate to a listing or booking on Ploosh. You agree to take full legal responsibility and liability for your correspondence and to indemnify Ploosh from all liability, loss, damages, costs or expenses suffered by Ploosh in connection with your correspondence.
- Online Payments and Fees
- A Guest provides credit card details upon registration. At the time of each booking the Host Fee is charged to the Guest’s credit card.
- By registering as a Member of the Ploosh App, you agree to be bound by the Stripe Payment Terms.
- All payments are processed securely through the Stripe Payment platform, and no sensitive payment data is ever retained by Ploosh.
- Ploosh will hold the Host Fee in a non-interest-bearing account until payment is made to the Host.
- You agree that the Host will not earn interest on monies held by Ploosh.
- You authorise Ploosh to deduct our commission at the time of making the Guest Booking and before transferring the balance of the Host Fee to the Host.
- Payment of a Host Fee from the Ploosh account to the Host will be by electronic transfer to the Host’s nominated New Zealand bank account, less any fees and commissions payable, on the first day after the Guest Booking has been completed.
- You are responsible for maintaining your bank account details and notifying Ploosh if they change.
- You agree to indemnify Ploosh against any bank charges or other costs that Ploosh may incur as a result of incorrect or out of date bank account information.
- Any disputes relating to Commission charged must be raised within 15 working days of the booking request being sent.
- Changes, cancellations and refunds for online bookings
- Cancellation policies are specific to each Host and may be viewed through a link from the payment confirmation page prior to final booking confirmation.
- A non-refundable fee may apply to any cancellations regardless of the Host’s cancellation policy, please refer to our Fees page for specific details.
- Where you are entitled to a refund, the refund will be made to the same credit card that you used to confirm the booking.
- Guests should contact the Host directly to discuss any desired cancellations, changes or refunds. Additional charges, or a refund, may apply depending on the nature of the booking amendment.
- Fraud prevention measures
Ploosh and the third-party payment system we us, provides fraud detection techniques that are designed to protect Members. As a result, Ploosh or our third-party payment system provider will sometimes hold or reverse payments or take other steps to prevent credit card fraud. While Ploosh has systems in place to reduce the risk of credit card fraud, Ploosh is not responsible for protecting the Member, Host or Guest from credit card fraud or chargebacks.
- Exclusion and Limitation of Liability
To the maximum extent permitted by law, Ploosh disclaims any and all liability to you, any Member, Host or Guest, under any circumstances (including, but not limited to, negligence), for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits, loss of savings, loss of opportunity, or personal injury and damage to the property associated with the provision of a Host Service or a Guest Booking) suffered by you, or anyone else, arising from the direct or indirect use of the Ploosh App and/or any services provided by Ploosh or from the use of, or inability to use, any property, product or service booked or paid for using the Ploosh App, website and/or services, even if Ploosh has been advised of the possibility of such loss or damages. If, notwithstanding these terms of service, Ploosh is held to be liable then you agree that Ploosh’s total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount actually paid by you to Ploosh for your use of the Ploosh App and/or services.
- Reversals and chargebacks
- In the event of a chargeback, Ploosh will provide reasonable evidence to the bank about the transaction. The Host may also be asked to provide additional information.
- Ploosh has the right to, and may, reverse the full booking payment made to the Host should a chargeback, incorrect or other erroneous payment occur. Ploosh also has the discretion, when presented with appropriate evidence, to refund the Guest if the Guest can show a reasonable case for a legitimate refund request.
- If Ploosh cannot reverse the booking payment made to the Host, or if a refund, as per Ploosh’s discretion noted in clause 14.2, is required to be made to the Guest, Ploosh will debit the Host Fee so that the amount is deducted from the Host’s next payment.
- Alternatively, Ploosh may invoice the Host for the full amount of the Host Fee, which will be payable within 30 days of invoice.
- Resolution of disputes
As Ploosh is not a party to any transaction between you and another member, you agree not to involve, or attempt to involve, us in any dispute or in the resolution of disputes that arise between you and another member as a result of the Host Services provided.
- Force Majeure
Ploosh has no liability for any lack of performance, unavailability or failure of the services, the Ploosh App or the website, or for any failure of Ploosh to comply with these terms of service where the same arises from any cause reasonably beyond the control of Ploosh.
- No Waiver
If we do not exercise or enforce any right available to us under these terms of service, it does not constitute a waiver of those rights.
- Partial Invalidity
If any provision of these terms of service becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms of service, which shall continue in full force and effect.
- Governing Law
These terms of service are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
- Intellectual Property Rights
- Ploosh (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Ploosh App (including text, graphics, logos, code) and the software and other material underlying and forming part of the Ploosh App.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of the Ploosh App and website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this website.
- Entire agreement
These terms of service supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms of service.