Terms and Conditions
Last Updated: May 22, 2018
“Communication” includes but is not limited to an email, message via the Drift app, messages, comments and interactions through social media channels, text message or a message through other apps or communication channels.
“Grower” means a Member who requests a Booking of a Listing from a Owner or Host via the Site, Application or Services, or a Member who lends or rents Land and is not the Owner for the associated Listing.
“Host” means a Member who creates a Listing via the Site, Application and Services. This includes but is not limited to Owners, it can also include Growers who create a Listing to find other Growers, as described in ”Project idea” below.
”Owner” means the juridical person who lends or rents out their land, either through personal contact with the company or creating a Listing via the Site, Application and Services.
“Organiser” means the Host who adds a happening through the Site, Application or Services.
“Plot/ Land” means farmable or arable land and other available land, including but not limited to lawns, meadows, gardens, parks, rooftops, concrete or asphalt surfaces, that could be transformed into a farm or garden.
“Farm” means an existing farm of garden, including but not limited to community gardens, allotment gardens, commercial farms, social farms, educational farms and private farms including but not limited to urban, rural and semiurban locations.
“Farmer” means an existing farmer running a farm according to its broad definition above.
“Listing” means a piece of Land, existing Farm or Happening that is listed by an Owner or Host as available for Booking via the Site, Application, and Services.
“Member” means a person who completes Grow Platforms account registration process, including but not limited to Growers and Owners, as described under “Account Registration” below.
“Content” means text, graphics, images, videos, music, software (excluding the Application), audio, video, information or other materials.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or GrowGBG promotional campaign to be made available through the Site, Application or Services.
“Company Content” means all Content that the Company or Grow Platform makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Company Content.
“Consumer” (a) to consume information about, or attend, events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.
1. Content rights
3. Trademarks and IP:
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.
5. No liability for errors
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.
6. Consent to receive notices:
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. This can include email notifications when someone is sending a message or sends an inquiry to your farm, happening or land-listing, and is solely for the purpose of enabling the services of the platform.
7. Suggestions and copyright:
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 articles 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. If copyright material is added by the user the Company have the right to erase the content without any notice.
8. Restriction of unauthorized access:
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.
9. Non disclusure:
10. Limitations of the service
GrowGBG makes available an online platform or marketplace with related technology for Growers (who want to grow food on someone else’s property) and Owners (providing land) to meet online and arrange for rental or lending of Land directly with each other. Since 2018, the 5th of April the service also makes it possible for farmers and organizers of events, as well as other people interested in the services to advertise their farms, employment and working opportunities, activities, produce and other services. 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, FARMERS, EVENT, COURSE ORGANISERS AND OWNERS CONNECTING AND SHARING LAND, PROJECT IDEAS, ACTIVITIES, SERVICES 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.
11. Fee and payment of purchased services
11.1 Subscription terms
GrowGBG offers a range of subscription plans to its Services (each, a “Plan”). Each Plan includes a numerical range of services and benefits for the users, which content might get updated at any time during the subscription period.
You will select your Plan as part of your registration of the Services. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g annually, bi-annually, quarterly, monthly). Regardless of your billing cycle, you are responsible for the subscription fees for the entire subscription period chosen/sold.
At the end of your current subscription period, your Plan will be automatically renewed for a subscription period, equal to your subscription period, unless you provide GrowGBG with an email notice (sent to email@example.com) of your intent to renew your Plan at least thirty (30) days prior to the end of the then-current subscription period.
11.2 Payment terms, refunds, and upgrade and downgrade Terms
- The fees for your plan are billed in advance, are non-refundable, and automatically renew on an annual basis, as specified by your plan. No refunds or credits will be provided for partial months of the service, upgrades/downgrades, or for months unused with a free account.
- If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your plan may cause the loss of account content, features, or capacity.
- If you upgrade you Plan level, your credit card will immediately be charged an amount reflecting the increased rate.
- Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
If you don’t pay for your Paid account on time, we reserve the right to downgrade you to the Free plan.
11.3 Payment Methods
The prices shown on the GrowGBG at the time of your order are valid prices. All prices are inclusive 25% VAT and are annually charged.
Payment is made using one of the following payment facilities: MasterCard, Visa, American Express via the payment gateway Stripe.
11.4 Invoicing and payment
You will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to us, you authorise us to charge such credit card for all purchased services listed in the order form for the initial subscription term and any renewal subscription term(s) as set forth in section 11.1 (Subscription terms). Such charges shall be made in advance, either annually or in accordance with any different billing than a credit card, we will invoice you in advance and otherwise in accordance with the relevant Order Form. Unless otherwise stated in the Order Form, invoiced charges are due in 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to Us and notifying us of any changes to such information.
11.4.1 Overdue charges
If any invoiced amount is not received by us by the due date, then without limiting our rights or remedies (a) those charges may accrue last interest by the maximum rate permitted by law and/or, (b) we may condition future subscription renewals and Order Forms on payments terms shorter than those specified in section 11.4 (Invoicing and payment).
The seller reserves the right to refuse orders in case it has strong suspicions of any rights abuse or someone acting in bad faith, if there are strong suspicions of commercial purposes unacceptable to the seller or if the stock of a particular item is exhausted.
An order is considered final only upon acceptance of the general terms and conditions of sale, of the prices and of the description of the offer. If the offer is not entirely clear or if something is not clear after placing the order, the customer can always contact GrowGBG at firstname.lastname@example.org. Any questions will be answered as soon as possible.
11.6 Order confirmation
Upon acceptance of your payment by the system, the seller confirms the order by email.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
11.8 Right of withdrawal
You have the right to withdraw from this paying membership Plan and contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day 1 on which you, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform GrowGBG via email email@example.com of your decision to withdraw from this contract by an unequivocal statement.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
You will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (i) fees are bases on Services and Content subscriptions purchased and both actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
11.9 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
11.9.1 Changes in fees
We may change the fees for the services at any time to impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees.
12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Limitations of liability:
The company is not responsible for who gets the contract with the land or the possibility to use the farms amenities through volunteering, mentorship or employment as well through arranged courses and activities that is advertised through the platform
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. 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 gets 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. Nor does the company guarantee that you can participate in the events, courses or working opportunities advertised on the platform. It is up to the publisher of the activity or farm to choose who can attend and to inform the applicant accordingly.
14. No guaranteed matchmaking:
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. Neither is the working opportunities or participation on the events guaranteed. The publisher of the event is your first contact person and responsible for who will be able to attend the event. Before you have written a legally binding agreement with the landowner you shall never make any assumptions that the land will be rented to you or any other grower. The land, farm or happening/activity can at any time be taken away from the matchmaking service on behalf of the owner or the company.
15. No guaranty on listing quaility
15.1. The company is not responsible for the quality of the land, farm, produce sold or happening being matched.
15.2. 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.
16. No liability for injuries & accidents
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, Farmers, Organizers, Consumers and Owners etc.) to get an appropriate insurance for your gardening activity or write an appropriate contract for the land being matched on the platform and the service provided.
If you are a Owner, Farmer or Host (providing land), you understand and agree that GrowGBG does not act as an insurer or as your contracting agent. If a Grower or other user 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.
17. No liability for user content and it’s consequences:
The company is not responsible for the users actions content and its 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 listings for farms, land, and happenings.
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 SERVICE, 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.
18. Third party content
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.
19. 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 substances 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 found in the Community Guidelines, located in the Service, prior to using the Service.
20. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND
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 GROWING 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.
21. No liability in performance or service problems
22. 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.
24. Entire Agreement;