Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the GrowGarden Platform, you agree to comply with and be bound by these Terms.

Please note that GrowGarden is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

These Terms constitute a legally binding agreement (" Agreement ") between you and GrowGarden (as defined below) governing your access to and use of the GrowGarden website, including any subdomains thereof, and any other websites through which GrowGarden makes its services available (collectively, " Site "), and all associated services (collectively, " GrowGarden Services "). The Site, and GrowGarden Services together are hereinafter collectively referred to as the “ GrowGarden Platform ”. Our Garden Guarantee Terms,  Gardener Refund Policy,  Nondiscrimination Policy  and other Policies  applicable to your use of the GrowGarden Platform are incorporated by reference into this Agreement.

When these Terms mention “ GrowGarden,” “ we ,” “ us ,” or “ our ,” it refers to GrowGarden Limited, and its holdings.

Our collection and use of personal information in connection with your access to and use of the GrowGarden Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the GrowGarden Platform (" Payment Services ") are provided to you by one or more GrowGarden Payments entities (individually and collectively, as appropriate, " GrowGarden Payments ") as set out in the  Payments Terms of Service  (" Payments Terms “).

These Terms are not a substitute for any US or EU law and all parties are implicitly agreeing to adhering to any applicable existing laws.



 1. Scope of the GrowGarden Platform Services.

1.1 The GrowGarden Platform is an online marketplace that enables registered users (“ Gardeners ”) and certain third parties who offer services (Members and third parties who offer services are “ Hosts ” and the services they offer are “ Host Services ”) to publish such Host Services on the GrowGarden Platform (“ Listings ”) and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are “ Gardener ”). Host Services may include the offering of access to and use of outdoor space or other properties for use (" Plots "), and a variety of other urban food growing activities.

1.2 As the provider of the GrowGarden Platform, GrowGarden does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. GrowGarden is not and does not become a party to or other participant in any contractual relationship between Members, nor is GrowGarden a real estate broker or insurer. GrowGarden is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, GrowGarden has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. GrowGarden does not endorse any Member, Listing or Host Services. Any references to a Member being " verified " (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by GrowGarden about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to rent out a Plot, use any other Host Services, accept a booking request from a Gardener, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by GrowGarden of any Host or Listing.

1.4 If you choose to use the GrowGarden Platform as a Host , your relationship with GrowGarden is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of GrowGarden for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of GrowGarden. GrowGarden does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.

1.5 The GrowGarden Platform may contain links to third-party websites or resources (“ Third-Party Services ”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. GrowGarden is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by GrowGarden of such Third-Party Services.

1.6 GrowGarden is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the GrowGarden Platform. GrowGarden may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the GrowGarden Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the GrowGarden Platform. Section 19 (Liability) remains unaffected. GrowGarden may improve, enhance and modify the GrowGarden Platform and introduce new GrowGarden Services from time to time. GrowGarden will provide notice to Members of any changes to the GrowGarden Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.


2. Eligibility, Using the GrowGarden Platform, Member Verification.

2.1 In order to access and use the GrowGarden Platform or register an GrowGarden Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

2.3 GrowGarden may make access to and use of the GrowGarden Platform, or certain areas or features of the GrowGarden Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the GrowGarden Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the GrowGarden Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the GrowGarden Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.


 

Terms specific for Gardeners​


3.1 Terms applicable to all bookings.

3.1.1 Subject to meeting any requirements (such as completing any verification processes) set by GrowGarden and/or the Host, you can book a Listing available on the GrowGarden Platform by following the respective booking process. All applicable fees (if any), including the Listing Fee, GrowGardener Fee and any applicable Taxes (collectively, “ Total Fees ”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your GrowGarden Account.

3.1.2 Upon receipt of a booking confirmation from GrowGarden, a legally binding agreement is formed between you and your Host, subject to any additional terms and conditions of the Host that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing, or in any subsequent communication between both parties through the GrowGarden Platform or otherwise. GrowGarden Payments will collect the rent payment at the time of the booking request or upon the Host’s confirmation pursuant to the Payments Terms. We reserve the right to offer discounts from time to time.

3.1.3 If you book a Host Service on behalf of additional GrowGardeners, you are required to ensure that every additional GrowGardener meets any requirements set by the Host, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Host. If you are booking for an additional GrowGardener who is a minor, you represent and warrant that you are legally authorised to act on behalf of the minor. Minors may only participate in an Host Services if accompanied by an adult who is responsible for them.


3.2 Booking Plots.

3.2.1 You understand that a confirmed booking of a Plot (“ Plot Booking ”) is a limited license granted to you by the Host to enter, occupy and use the Plot for the duration of your agreement for the purposes of gardening, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Plot, in accordance with your agreement with the Host.

3.2.2 You agree to leave the Plot as mutually agreed upon between you and the Host. If you re-enter to the Plot past the agreed upon vacate time without the Host's consent (“ Overstay ”), you no longer have a license to access the Plot and the Host is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Host, any legal expenses incurred by the Host to make you leave (collectively, " Overstay Fees "). Overstay Fees for late vacations on the vacate date that do not impact upcoming bookings may be limited to the additional costs incurred by the Host as a result of such Overstay. If you Overstay at a Plot, you authorise GrowGarden (via GrowGarden Payments) to charge you to collect Overstay Fees.

3.2.3 Fair Use - You understand that any attendance at the Plot is subject to agreement between you and your Host.  You must obtain permission from the Host as to the timing and frequency of your visits to the Plot at the beginning of your rental period. You understand that this may be subject to change dependant upon the Host's circumstances and ongoing agreement between both parties.
 

3.3 Minimum Rental & Cancellation Notice Periods.

3.3.1 Each individual Plot will have its own unique options for the cancellation and notice period policy, as set out by the Host. GrowGardeners can select a minimum rental duration, and a notice period for terminating a rental agreement, subject to the options provided by the Host. Cancellations of plot rentals can only be initiates after the the minimum rental duration, and are subject to the notice period chosen at the beginning of the rental.  


3.4 Payment Failures.

3.4.1 If a rent payment fails to be taken from a GrowGardener, a notification will be sent to both the Host and GrowGardener to alert both parties. Whilst the Plot rent payment is in arrears, the rental is deemed to be in a paused state, and as such, access to the plot is prohibited until the payment has been rectified.

3.4.2 A GrowGardener has 30 days, or until the date immediately preceding the next scheduled payment date, to resolve the issue. If the payment has not been rectified during this time, the plot rental will be permanently terminated on the date of the next scheduled payment. At this point, no further access to the plot should be granted to the GrowGardener by the Host.

3.4.3 If a GrowGardener fails to rectify a payment within the allotted time, the plot rental will be terminated, even if this falls within the agreed upon minimum rental duration.

3.4.4 When a payment failure is not rectified within the allotted time, the agreed upon notice period for cancellations will no longer be in effect, resulting in the termination of the plot rental on the next scheduled payment date.

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4.1 Cancellations, Reservation Issues, and Refunds.

In general, if you cancel a Reservation, the amount refunded to you is determined by the Host's cancellation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Reservation, you may be eligible for a partial or full refund. If the Host cancels, you may be eligible for rebooking assistance or a partial or full refund.

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4.2 Booking Modifications.

Guests and Hosts are responsible for any booking modifications they agree to make via the GrowGarden Platform or direct GrowGarden customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

 

5.  Your Responsibilities and Assumption of Risk.

 

5.1 Your Responsibilities.

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Garden, all areas and facilities where the Garden is located that the Host and GrowGardener are legally entitled to use in connection with the Garden (“Common Areas”), or any Experience or other Host Service. For example, this means: (i) you are responsible for leaving an Garden (and related personal property) or Common Areas in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable Damage Claim amounts, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional GrowGardener who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

5.2 Your Assumption of Risk.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the GrowGarden Platform and any Content (as defined in Section 11), including your use of any Host Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Host Service to determine whether it is suitable for you. For example, Host Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Host Services.

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Terms specific for Hosts

6.1 Terms applicable to all Listings.

5.1.1 When creating a Listing through the GrowGarden Platform you must (i) provide complete and accurate information about your Host Service (such as listing description, location, amenities, and availability), (ii) disclose any deficiencies, restrictions (such as garden/space rules), and (iii) provide any other pertinent information requested by GrowGarden. You are responsible for keeping your Listing information up-to-date at all times.

6.1.2 You are solely responsible for setting a price (including any Taxes if applicable for your Listing (“ Listing Fee ”). Once a Gardener requests a booking of your Listing, you may not request that the Gardener pays a higher price than in the booking request.

6.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

6.1.4 Pictures, animations or videos (collectively, " Images ") used in your Listings must accurately reflect the quality and condition of your Host Services. GrowGarden reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

6.1.5 The placement and ranking of Listings in search results on the GrowGarden Platform may vary and depend on a variety of factors, such as Gardener search parameters and preferences, Host requirements, price and availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Host Service, and/or ease of booking.

6.1.6 When you accept or have pre-approved a booking request by a Gardener, you are entering into a legally binding agreement with the Gardener and are required to provide your Host Service(s) to the Gardener as described in your Listing when the booking request is made. You also agree to pay any applicable Host Fee and any applicable Taxes.

6.1.8 GrowGarden recommends that Hosts obtain appropriate insurance for their Host Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Gardeners (and the individuals the Gardener has booked for, if applicable) whilst at your Plot or participating in your Host Service.

6.1.9 All paid bookings made on the GrowGarden platform are protected under and subject to the Garden Guarantee. Should an issue arise that falls under the 'Covered Losses', a claim may be made by the Host. By agreeing to these Terms, you are also agreeing to the Terms and Conditions of the Garden Guarantee.

6.1.10 When you enter into a rental agreement with a Gardener, any information you have provided in your Listing is deemed to form part of your contract. Any subsequent information communicated through the GrowGarden Platform's messaging system or otherwise will also be deemed to form part of your agreement. Information may include (but is not limited to) the scope of Host Services provided, such as the rental duration, limitations to access, or any other additional Terms as specified by you.

7.2 Listing Plots.

7.2.1 Any Listing you post and the booking of, or a Gardener's renting of a Plot shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, Building Management agreement, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required rights, licenses and registrations).

7.2.2 When creating a Listing with GrowGarden, you do so with the express understanding that any rental arrangement will be completed through the GrowGarden platform, regardless of whether the Plot is listed as a Paid Plot or a Free to Rent Plot. Attempts to take transactions offline may result in the permanent removal of your account from the GrowGarden Platform.

7.3 Your Assumption of Risk.

You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the GrowGarden Platform, offering Host Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the GrowGarden Platform and any laws, rules, regulations, or obligations that may be applicable to your Listings or Host Services and that you are not relying upon any statement of law made by GrowGarden.

7.4 Minimum Rental & Cancellation Notice Periods.

7.4.1 Hosts are required to specify their preferred notice period for terminating a rental agreement, as well as the minimum plot rental duration options. These options will be communicated clearly in the listing details after they are selected during the listing process. Gardeners must adhere to this notice period when initiating a termination.

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8. Booking Modifications, Cancellations, Refunds, & Resolution.

 

8.1 Hosts and GrowGardeners are responsible for any modifications to a booking that they make via the GrowGarden Platform or direct GrowGarden customer service to make (" Booking Modifications "), and agree topay any additional Listing Fees, Host Fees or GrowGardener Fees and/or Taxes associated with such Booking Modifications.

 

8.2 GrowGardeners can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy, as is stated on each listing page, and GrowGarden Payments will refund the amount of the Total Fees due to the GrowGardener in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Host under the applicable cancellation policy will be remitted to the Host by GrowGarden Payments pursuant to the Payments Terms .

 

8.3 If a Host cancels a confirmed booking, the GrowGardener will receive a full refund of the Total Fees for such booking. In some instances, GrowGarden may allow the GrowGardener to apply the refund to a new booking, in which case GrowGarden Payments will credit the amount against the GrowGardener’s subsequent booking at the GrowGardener’s direction. Further, GrowGarden may publish an automated review on the Listing cancelled by the Host indicating that a booking was cancelled. In addition, GrowGarden may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Host has a valid reason for cancelling the booking pursuant to  GrowGarden’s Extenuating Circumstances Policy  or has legitimate concerns about the GrowGardener’s behaviour.

 

8.4 In certain circumstances, GrowGarden may cancel a pending or confirmed booking on behalf of a Host or GrowGardener and initiate corresponding refunds and payouts. This may be for reasons deemed to be Extenuating Circumstances by GrowGarden or for the reasons set out in Section 18 of these Terms. Where GrowGarden cancels a booking, GrowGarden will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

 

8.5 If a GrowGardener who books a Plot suffers an Issue as defined in the  GrowGardener Refund Policy, GrowGarden may determine to refund the GrowGardener part or all of the Total Fees in accordance with the GrowGardener Refund Policy.

 

8.6 If a GrowGardener or GrowGarden cancels a confirmed booking, and the GrowGardener receives a refund in accordance with the GrowGardener Refund Policy, or the applicable cancellation policy set by the Host and mentioned in the Listing, after the Host has already been paid, GrowGarden Payments will be entitled to recover the amount of any such refund from the Host, including by subtracting such refund amount out from any future Payouts due to the Host, or by requesting a payment is returned to GrowGarden's bank account.

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9. Taxes.

9.1 Host Taxes.

As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

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9.2 Collection and Remittance by GrowGarden.

In jurisdictions where GrowGarden facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize GrowGarden to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by GrowGarden are identified to Members on their transaction records, as applicable. GrowGarden may seek additional amounts from Members (including by deducting such amounts from future payouts) when the Taxes collected and/or remitted are insufficient to fully discharge that Members’ tax obligations, and you agree that your sole remedy for Taxes collected by GrowGarden is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

9.3 Tax Information.

In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that GrowGarden may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.

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General Terms

10. Ratings and Reviews.

10.1 Within a certain timeframe after completing a booking, Gardeners and Hosts may be able to leave a public review (“ Review ”) and submit a star rating (“ Rating ”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of GrowGarden. Ratings and Reviews are not verified by GrowGarden for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Gardeners and Hosts must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with GrowGarden’s Content Policy (5)  and  Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the GrowGarden Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

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11. Content.

 

11.1 GrowGarden may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the GrowGarden Platform (" Member Content "); and (ii) access and view Member Content and any content that GrowGarden itself makes available on or through the GrowGarden Platform, including proprietary GrowGarden content and any content licensed or authorised for use by or through GrowGarden from a third party (" GrowGarden Content " and together with Member Content, " Collective Content “).

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11.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the GrowGarden Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GrowGarden or its licensors, except for the licenses and rights expressly granted in these Terms.

 

11.3 Subject to your compliance with these Terms, GrowGarden grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the GrowGarden Platform and accessible to you, solely for your personal and non-commercial use.5.5 By uploading, posting or otherwise making available any Member Content on or through the GrowGarden Platform, you grant to GrowGarden a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the GrowGarden Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, GrowGarden does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

 

11.4 GrowGarden may offer Hosts the option of having professional photographers take photographs of their Host Services, which are made available by the photographer to Hosts to include in their Listings with or without a watermark or tag bearing the words "GrowGarden.com Verified Photo" or similar wording (" Verified Images "). You are responsible for ensuring that your Host Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the GrowGarden Platform if they no longer accurately represent your Listing, if you stop hosting the Host Service featured, or if your GrowGarden Account is terminated or suspended for any reason. You acknowledge and agree that GrowGarden shall have the right to use any Verified Images in accordance with Section 11.5 for advertising, marketing or publicity purposes, including limited use by permitted third parties, in any media or platform. Where GrowGarden is not the exclusive owner of Verified Images, by using such Verified Images on or through the GrowGarden Platform, you grant to GrowGarden an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing or publicity purposes in any media or platform. GrowGarden in turn grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to use Verified Images outside of the GrowGarden Platform solely for your personal and non-commercial use.

 

11.5 You are solely responsible for all Member Content that you make available on or through the GrowGarden Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the GrowGarden Platform or you have all rights, licenses, consents and releases that are necessary to grant to GrowGarden the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GrowGarden's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

11.6 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) explicitly attempts to use the services provided by GrowGarden for any purpose other than finding, or listing Plots and/or growing food, including but not limited to dating, romantic relationships, seeking housing, or purchasing land; (vi) promotes illegal or harmful activities or substances; or (vii) violates GrowGarden’s  Content Policy (clause 5) or any other GrowGarden policy. GrowGarden may remove or disable access to any Member Content that is in violation of applicable law, these Terms or GrowGarden’s then-current  Policies  or  Standards , or otherwise may be harmful or objectionable to GrowGarden, its Members, third parties, or property. Where GrowGarden removes or disables Member Content, GrowGarden may notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting  customer service.

 

11.7 GrowGarden respects copyright law and expects its Members to do the same. If you believe that any content on the GrowGarden Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy .

 

 

12. Service Fees.

 

12.1 GrowGarden may charge fees to Hosts or Gardeners, known as "Service Fees".

 

12.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host prior to publishing or booking a Listing. GrowGarden reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

 

12.3 You are responsible for paying any Service Fees that you owe to GrowGarden. The applicable Service Fees (including any applicable Taxes) are collected by GrowGarden Payments. GrowGarden Payments will deduct any Host Fees from the Listing Fee before remitting the payout to the Host. Any Gardener Fees are included in the Total Fees collected by GrowGarden Payments. Except as otherwise provided on the GrowGarden Platform, Service Fees are non-refundable.

 

13. Damage to Plots, Disputes between Members.

13.1 As a Gardener, you are responsible for leaving the Plot (including any personal or other property located at the Plot) in as good a condition as it was in when you arrived, or better. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Plot, excluding the Host (and the individuals the Host invites to the Plot, if applicable).

13.3 Members agree to cooperate with and assist GrowGarden in good faith, and to provide GrowGarden with such information and take such actions as may be reasonably requested by GrowGarden, in connection with any complaints or claims made by Members relating to Plots or any personal or other property located at a Plot (including, without limitation, payment requests made under the GrowGarden Garden Guarantee). A Member shall, upon GrowGarden's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by GrowGarden or a third party selected by GrowGarden or its insurer, with respect to losses for which a Member is requesting payment from GrowGarden (including but not limited to payments under the GrowGarden Garden Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.

 

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14. Account Registration.

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14.1 You may be required register an account (" GrowGarden Account ") to access and use certain features of the GrowGarden Platform, such as publishing or booking a Listing. If you are registering an GrowGarden Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

 

14.2 You can register an GrowGarden Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (" SNS Account "). You have the ability to disable the connection between your GrowGarden Account and your SNS Account at any time, by accessing the "Settings" section of the GrowGarden Platform.

 

14.3 You must provide accurate, current and complete information during the registration process and keep your GrowGarden Account and public GrowGarden Account profile page information up-to-date at all times.4.4 You may not register more than one (1) GrowGarden Account unless GrowGarden authorizes you to do so. You may not assign or otherwise transfer your GrowGarden Account to another party.4.5 You are responsible for maintaining the confidentiality and security of your GrowGarden Account credentials and may not disclose your credentials to any third party. You must immediately notify GrowGarden if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your GrowGarden Account. You are liable for any and all activities conducted through your GrowGarden Account, unless such activities are not authorised by you and you are not otherwise negligent (such as failing to report the unauthorised use or loss of your credentials).4.6 GrowGarden may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your GrowGarden Account. For example, we may enable Members to link their GrowGarden Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Hosts to add other Members as Co-Hosts (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by GrowGarden to ask for your credentials, and you shall not request the credentials of another Member.​

15. Rounding off.

GrowGarden generally supports payment amounts that are payable from or to Gardeners or Hosts to the smallest unit supported by a given currency (i.e., USD cents or other supported currencies). Where GrowGarden’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, GrowGarden may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Gardeners or Hosts to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest Dollar, Euro or other supported currency); for example, GrowGarden may round up an amount of $102.50 to $103.00, and round down an amount of $104.49 to $104.00.

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16. Modification of these Terms.

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GrowGarden reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the GrowGarden Platform and may also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the GrowGarden Platform will constitute acceptance of the revised Terms.

 

17. Prohibited Activities.

17.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the GrowGarden Platform. In connection with your use of the GrowGarden Platform, or participation in Host Services you will not and will not assist or enable others to:

• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• use the GrowGarden Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies GrowGarden endorsement, partnership or otherwise misleads others as to your affiliation with GrowGarden;
• copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the GrowGarden Platform in any way that is inconsistent with GrowGarden’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
• use the GrowGarden Platform in connection with the distribution of unsolicited commercial messages ("spam");
• offer, as a Host, any Plot that you do not yourself own or have permission to make available as a space for growing fruit, vegetables or any other vegetation through the GrowGarden Platform;
• unless GrowGarden explicitly permits otherwise, book any Listing if you will not actually be using the Host Services yourself;
• contact another Member for any purpose other than asking a question related to your own booking, Listing, or the Member's use of the GrowGarden Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
• use the GrowGarden Platform to request, make or accept a booking independent of the GrowGarden Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Listing Fees outside of the GrowGarden Platform or GrowGarden Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold GrowGarden harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behaviour;
• misuse or abuse any Listings or services associated with the GrowGarden Platform;
• use, display, mirror or frame the GrowGarden Platform or Collective Content, or any individual element within the GrowGarden Platform, GrowGarden's name, any GrowGarden trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the GrowGarden Platform, without GrowGarden's express written consent;
• dilute, tarnish or otherwise harm the GrowGarden brand in any way, including through unauthorised use of Collective Content, registering and/or using GrowGarden or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to GrowGarden domains, trademarks, tag lines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the GrowGarden Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by GrowGarden or any of GrowGarden's providers or any other third party to protect the GrowGarden Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the GrowGarden Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the GrowGarden Platform;
• export, re-export, import, or transfer the Application except as authorised by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.

17.2 You acknowledge that GrowGarden has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the GrowGarden Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist GrowGarden in good faith, and to provide GrowGarden with such information and take such actions as may be reasonably requested by GrowGarden with respect to any investigation undertaken by GrowGarden or a representative of GrowGarden regarding the use or abuse of the GrowGarden Platform.

17.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GrowGarden by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).


18. Term and Termination, Suspension and other Measures.

18.1 This Agreement shall be effective until such time when you or GrowGarden terminate the Agreement in accordance with this provision.

18.2 You may terminate this Agreement at any time by sending us an email. If you cancel your GrowGarden Account as a Host, any confirmed booking(s) will be automatically cancelled and your Gardeners will receive a full refund. If you cancel your GrowGarden Account as a Gardener, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

18.3 Without limiting our rights specified below, GrowGarden may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

18.4 GrowGarden may immediately, without notice, terminate this Agreement and/or stop providing access to the GrowGarden Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of GrowGarden, its Members, or third parties (for example in the case of fraudulent behaviour of a Member).

18.5 In addition, GrowGarden may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the GrowGarden Account registration, Listing process or thereafter, (iv) you and/or your Listings or Host Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or GrowGarden otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of GrowGarden, its Members, or third parties, or to prevent fraud or other illegal activity:
   
• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
• cancel any pending or confirmed bookings;
• limit your access to or use of the GrowGarden Platform;
• temporarily or permanently revoke any special status associated with your GrowGarden Account;
• temporarily or in case of severe or repeated offences permanently suspend your GrowGarden Account and stop providing access to the GrowGarden Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by GrowGarden and an opportunity to resolve the issue to GrowGarden's reasonable satisfaction.

18.6 If we take any of the measures described above (i) we may refund your Gardeners in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

18.7 When this Agreement has been terminated, you are not entitled to a restoration of your GrowGarden Account or any of your Member Content. If your access to or use of the GrowGarden Platform has been limited or your GrowGarden Account has been suspended or this Agreement has been terminated by us, you may not register a new GrowGarden Account or access and use the GrowGarden Platform through an GrowGarden Account of another Member.

18.8 If GrowGarden takes any of the measures described in this Section 18 you may appeal such a decision by contacting our customer service.


19. Liability.

GrowGarden is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. GrowGarden is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of GrowGarden in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of GrowGarden is excluded.

 

20. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at GrowGarden’s option), indemnify, and hold GrowGarden and its affiliates and subsidiaries, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the GrowGarden Platform or any GrowGarden Services, (iii) your interaction with any Member, renting of a Plot, participation in any Host Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use of, renting, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 19 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

21. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the GrowGarden Platform (“Feedback“). You may submit Feedback by emailing us, through the “Get in Touch” section in the footer of the GrowGarden Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

22. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with US law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of US law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of GrowGarden's place of business in the US. If GrowGarden wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the US courts.


23. General Provisions

23.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between GrowGarden and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between GrowGarden and you in relation to the access to and use of the GrowGarden Platform.

23.2 No joint venture, partnership, employment, or agency relationship exists between you and GrowGarden as a result of this Agreement or your use of the GrowGarden Platform.

23.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

23.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

23.5 GrowGarden’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

23.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without GrowGarden's prior written consent. GrowGarden may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

23.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by GrowGarden via email, GrowGarden Platform notification, or messaging service (including SMS and Messenger chat).

23.8 If you have any questions about these Terms please email us.