Terms of service.
Welcome to our platform. These Terms of Service govern your access to and use of our services, including any content, functionality, and features provided through our platform. By accessing or using our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.
Our services may include websites, mobile applications, APIs, and any other products or services offered by us. These Terms of Service apply to all users of our services, including visitors, customers, and any other individuals or entities accessing or using our platform.
Please note that our services may evolve over time, and we reserve the right to modify these Terms of Service to reflect changes in our services or applicable laws. Any updates to these Terms of Service will be effective immediately upon posting, and your continued use of our services constitutes acceptance of those changes. It is your responsibility to review these Terms of Service periodically for updates.
If you have any questions about these Terms of Service or our services, please contact us using the contact information provided.
Thank you for using our platform.
Use of Services
When accessing or using our services, you agree to comply with these Terms of Service and all applicable laws and regulations. Your use of our services is subject to the following conditions:
Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Lawful Use: You agree to use our services only for lawful purposes and in accordance with these Terms of Service. You may not use our services for any illegal or unauthorized purpose, nor may you, in the use of the services, violate any laws in your jurisdiction.
Respect for Others: You agree not to harass, abuse, intimidate, or harm any other user of our services, or to interfere with the rights of others to use and enjoy our services.
Content Standards: You acknowledge that any content you post, link, store, share, or otherwise make available through our services must comply with our Content Standards. You agree not to upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable.
No Reverse Engineering: You agree not to reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of our services, unless permitted by applicable law.
No Unauthorized Access: You agree not to access or attempt to access our services by any means other than the interface provided by us or circumvent any access or use restrictions put into place to prevent certain uses of our services.
Compliance with Instructions: You agree to comply with any technical specifications or usage rules provided to you by us in connection with our services.
We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. We also reserve the right to remove or modify any content posted through our services if we believe it violates these Terms of Service or is otherwise objectionable.
Content
Our services may allow you to post, link, store, share, and otherwise make available various types of content, including but not limited to text, graphics, images, videos, audio, or other materials ("Content"). You retain ownership of any Content you submit, post, or display on or through our services.
By submitting, posting, or displaying Content on or through our services, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the provision of our services and our business operations. This license continues even if you stop using our services, except where you specifically delete your Content or request its removal from our services.
You acknowledge and agree that you are solely responsible for the Content you submit or make available through our services. You represent and warrant that:
You have the necessary rights, licenses, permissions, and consents to grant the above license to us.
Your Content does not violate, misappropriate, or infringe upon the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
Your Content complies with these Terms of Service and all applicable laws and regulations.
We do not endorse, support, or guarantee the completeness, accuracy, or reliability of any Content posted through our services. You understand that by using our services, you may be exposed to Content that is offensive, indecent, or objectionable, and you agree to use our services at your own risk.
We reserve the right to remove any Content from our services at any time, without prior notice or liability, if we believe it violates these Terms of Service or is otherwise objectionable. We also reserve the right to terminate or suspend your access to our services if you repeatedly infringe upon the intellectual property rights of others or violate these Terms of Service in any other manner.
Prohibited Activities
In using our services, you agree not to engage in any of the following prohibited activities:
Violation of Laws: You shall not use our services for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit others to perform any unlawful acts.
Intellectual Property Infringement: You shall not infringe upon or violate our intellectual property rights or the intellectual property rights of others, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.
Unauthorized Access: You shall not access or attempt to access our services by any means other than through the interfaces provided by us. You shall not use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access our services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional online web browser.
Interference: You shall not interfere with or disrupt our services or servers or networks connected to our services, including transmitting any worms, viruses, spyware, malware, or any other harmful code.
Harassment or Abuse: You shall not harass, abuse, threaten, or harm any other users of our services, or engage in any conduct that is offensive, indecent, discriminatory, or otherwise objectionable.
Impersonation: You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Collection of Personal Data: You shall not collect or harvest any personally identifiable information, including account names, from our services without prior consent.
Use for Commercial Purposes: You shall not use our services for commercial purposes without our prior written consent, including advertising, marketing, or selling any goods or services.
Violating System Security: You shall not attempt to circumvent or violate the security of our systems or networks, including attempting to probe, scan, or test the vulnerability of our services or breach any security or authentication measures.
Spamming: You shall not use our services to transmit unsolicited promotional or advertising material, commonly referred to as "spam," or engage in any activity that would constitute a violation of anti-spamming laws and regulations.
We reserve the right to investigate and take appropriate legal action against anyone who violates these prohibited activities, including reporting you to law enforcement authorities. Violation of these prohibited activities may result in the termination or suspension of your access to our services and other legal consequences.
Privacy
Protecting your privacy is fundamental to us. This section outlines how we collect, use, and safeguard your information when you use our services.
Collection of Information: We may collect personal information from you when you use our services, such as when you register for an account, make a purchase, or communicate with us. This information may include your name, email address, billing address, and other relevant details.
Use of Information: We use the information we collect to provide, maintain, and improve our services, including to personalize your experience, process transactions, and communicate with you. We may also use your information to send you promotional materials or other communications if you have opted in to receive them.
Sharing of Information: We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as necessary to provide our services or as required by law. We may share your information with trusted third-party service providers who assist us in operating our services, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
Data Security: We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Choices: You have choices regarding the collection, use, and sharing of your personal information. You can update or delete your account information at any time, and you can opt out of receiving promotional communications from us by following the instructions in those communications.
Children's Privacy: Our services are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information promptly.
Changes to Privacy Policy: We may update our Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of any material changes by posting the updated Privacy Policy on our website or through other reasonable means.
By using our services, you consent to the collection and use of your information as described in this Privacy Policy. If you have any questions or concerns about our privacy practices, please contact us using the contact information provided.
Disclaimer of Warranties
While we strive to provide a reliable and enjoyable experience through our services, there are important limitations you should be aware of:
As-Is Basis: Our services are provided on an "as-is" and "as-available" basis. We do not make any representations or warranties of any kind, express or implied, regarding the availability, accuracy, completeness, reliability, or suitability of our services.
Use at Your Own Risk: You use our services at your own risk. We do not warrant that our services will be uninterrupted or error-free, that defects will be corrected, or that our services or the servers that make them available are free of viruses or other harmful components.
No Medical or Legal Advice: Any content provided through our services, including but not limited to articles, blog posts, or user-generated content, is for informational purposes only. It is not intended to constitute medical, legal, or professional advice. You should consult a qualified professional for advice tailored to your specific situation.
Third-Party Content: We may provide links to third-party websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
Limitation of Liability: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use our services; (ii) any conduct or content of any third party on our services; (iii) any content obtained from our services; or (iv) unauthorized access, use, or alteration of your transmissions or content, even if we have been advised of the possibility of such damages.
No Guarantee of Results: We do not guarantee any specific results from the use of our services, including but not limited to cultivation outcomes, performance improvements, or financial gains.
Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
By using our services, you acknowledge and agree to these limitations and understand that they form an essential basis of our agreement. If you do not agree with these terms, you should not use our services.
Limitation of Liability
Our liability to you is limited. Please read this section carefully to understand our limitations of liability:
No Guarantee of Service: We provide our services "as-is" and "as-available." We do not guarantee that our services will always be available, uninterrupted, secure, or error-free. You acknowledge that the availability and reliability of our services may be affected by factors outside our control.
Exclusion of Damages: To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use or inability to use our services.
Direct Damages Limitation: Our total liability for any claims arising out of or related to these Terms of Service or your use of our services, whether in contract, tort (including negligence), or otherwise, shall be limited to the amount you paid us (if any) to use our services during the twelve (12) months preceding the event giving rise to the liability.
Third-Party Actions: We are not responsible for any actions or omissions of third parties, including other users of our services or third-party service providers.
No Warranty: We do not warrant the accuracy, completeness, or reliability of any content available through our services. Any reliance you place on such content is at your own risk.
Exclusions: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
Basis of the Bargain: You acknowledge and agree that we have set our prices and entered into these Terms of Service in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
By using our services, you agree to these limitations of liability. If you do not agree with these terms, you should not use our services.
Governing Law
These Terms of Service and any disputes arising out of or related to your use of our services shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.
Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms of Service or your use of our services shall be brought exclusively in the courts located in New Zealand. You hereby consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
Consistency with Laws: If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
International Users: If you access our services from outside New Zealand, you are responsible for compliance with local laws.
No Waiver: Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision.
Entire Agreement: These Terms of Service constitute the entire agreement between you and us regarding your use of our services, superseding any prior agreements or understandings between you and us.
By using our services, you agree to submit to the jurisdiction of the courts in New Zealand and to abide by these Terms of Service. If you do not agree with these terms, you should not use our services.
Termination
We reserve the right to terminate or suspend your access to our services immediately and without prior notice, for any reason or no reason, including if you breach these Terms of Service or engage in conduct that we believe is harmful to our business or violates the rights of others.
Termination by Us: We may terminate or suspend your access to our services if we determine, in our sole discretion, that you have violated these Terms of Service or any applicable law, or if your conduct is disruptive or harmful to other users or our operations.
Effect of Termination: Upon termination or suspension, your right to access and use our services will immediately cease. All provisions of these Terms of Service which by their nature should survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
Removal of Content: We may remove and delete any of your content that remains on our services following termination. This includes any content that violates these Terms of Service or is otherwise objectionable.
No Liability: We shall not be liable to you or any third party for any termination of your access to our services or deletion of your content, except as expressly provided in these Terms of Service.
Appeal Process: If you believe your access to our services was terminated in error or wish to appeal a termination decision, please contact us using the contact information provided. We will review your appeal in accordance with our internal processes.
Right to Terminate: We reserve the right to terminate or suspend any account or access to our services at any time, without liability to you or any third party, if we believe it is necessary to protect the integrity, security, or operation of our services or to comply with legal requirements.
