Terms and conditions
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- GrowGBG makes available an online platform or marketplace with related technology for Growers and Owners to meet online and arrange for rental or lending of Land directly with each other. The Companies responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE GROWERS AND OWNERS CONNECTING AND SHARING LAND, PROJECT IDEAS OR KNOWLEDGE DIRECTLY WITH EACH OTHER. GROWGBG CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LAND OR PROPERTY. GROWGBG OR FPL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND LAND. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
- The company is not responsible for who get’s the contract with the land.
FPL can not be held accountable for which growers that are being matched and gets the final contract of tending the land or using it for growing food. The matchmaking service is based on a first come first served principle. Here the first Growers to register their interest and fill out the forms are the first to be invited to the site, but only if they match all the requirements. After this it is up the the landowner to choose who get’s the contract. The Company shall be held free of charge for any errors that are made in the matchmaking process. For any technical or personal errors or defects, please notify us with suggestions of improvement.
The company does not guarantee that the property owner wants to continue creating a farm or garden on their land after matching their land with a grower. The company shall not be held responsible for choices that the landowner makes in terms of saying no to any or all growers who apply for the land that the landowner puts up for match-making.
If the Company matches you with land, that land is not guaranteed to be contracted to you. Before you have written a legally binding agreement with that landowner you shall never make any assumptions that the land will be rented to you or any other grower. The land can at any time be taken away from the matchmaking service on behalf of the owner or the company.
The company does not guarantee that a Project idea will be matched with suitable land.
Premium members has access to creating one or more project ideas were they can be matched with other people to start an association. Your project idea can then be matched with land, only if you can meet all the requirements of the landowner. All the requirements are found at the plot information page or the landowner partner information page. It is the growers responsibility to make sure you are matching all the requirements. However, even if you match all the requirements, this does not mean the company can guarantee the growers or their project to be matched with land.
The company is not responsible for the quality of the land being matched.
The company does not guarantee that the land you are matched with is of sufficient quality for growing food. The growers themselves has to make sure the soil is tested, the sunlight is sufficient and that there is access to water and other facilities needed. The Users bears all responsibility to ensure that the land is appropriate for farming, and do soil quality testing etc. FPL Consultancy services and Grow Services can be used as support in Site analysis and design, however it is always up to the Grower to make the final assessments and decision on where and how to farm.
- The company is not responsible for any injuries or accidents that happen in relation to the Service.
FPL shall be held free of charge for any injuries or accident that takes place in relation to but not limited to the site that is matched or made available through Service, or any other situation that may arise in any way can be connected to the Services offered by the Company.
It is up the the Users (Growers and Owners) to get an appropriate insurance for your gardening activity or write an appropriate contract for the land being matched on the platform.
If you are a Owner or Host (providing land), you understand and agree that GrowGbg does not act as an insurer or as your contracting agent. If a Grower requests a Booking of your Land and uses your land, any agreement you enter into with such Grower is between you and the Grower and GrowGbg or FPL is not a party to it. You expressly agree to release, defend, indemnify, and hold GrowGBG and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to any of your property being matched on the site.
- The company is not responsible for the users actions content and it’s consequences on or off the site.
In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users and potential or contracted plots for farming.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY THE SERIVCE, THE CONTENT, AND/OR RELATED MATERIALS, OR RESULTING FROM ANY USERS ACTIONS ON OR OFF THE SITE, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
The company is not responsible for any activities that are deemed illegal on or off the site.
You agree to never use the Grow Platform to grow, sell, spread, use, distribute or otherwise support or favour the use of illegal sustances or drugs considered harmful or otherwise support any kind of illegal endeavours. In no event shall the Company, its affiliates or its partners be liable for these activities even if the Company has been aware of these activities. If you are found to be connected to the use of illegal or harmful drugs or otherwise illegal activities, the Company has the full right to terminate your account without further notice. In addition, you agree to review and follow the Company’s Anti Drug Policy, located in the Service, prior to using the Service.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN OR SAVE ANY MONEY, OR GROW MORE FOOD, USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN POTENTIAL FOR GROWNING FOOD AND EARNING OR SAVING MONEY AS WELL AS EXECUTING YOUR OWN PLANS, WHETHER PERSONAL OR RELATED TO YOUR BUSINESS OR ORGANISATION. THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.