Terms and Conditions
Plantaform Technology Inc.
We welcome you (“User”) to the Website and online store for Plantaform which is owned and operated by Plantaform Technology Inc. (“Plantaform”/“we”/“us”). If you visit or buy products through our online store located at https://plantaform.com/, our application or social media platforms (the “Website”), You confirm your acceptance of these Terms and conditions of Use (the “Terms”).
Any purchase, or pre-order, of a Plantaform indoor gardening device or other product (each a “Product”) from the Website, as well as the use of any of our services (“Services”) shall be governed by the terms set out below, as well as any other Product or software terms included with the Product.
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. We will ensure that the latest, fully amended version of these Terms is published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and Us regarding the use of the Website. If you continue to use the Website after the effective date of each amendment, you will be conclusively deemed to have accepted such amended version of these Terms. Notwithstanding termination, the Terms will continue to have effect and be valid during the time they apply to your relationship with Us.
By agreeing with these Terms, you acknowledge that you shall make sure that any persons that access your account shall have read the Terms of Plantaform. You also acknowledge that you will be personally held responsible for any use of your account, regardless of the identity of the person that uses our Website.
Account and Condition of Use
You must be at least 18 years old to offer to purchase a Product. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. If you are offering to purchase a Product on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
As each account is personal to the individual/entity that uses it, you should not share your login information and/or password with anyone. If a password might be compromised, you have the responsibility to change it immediately or to contact our support team to assess the situation. You should also immediately raise any concern or suspicion of abnormal activity on your account to our team. You are also responsible for keeping your contact information on the platform or website up to date.
You are prohibited from attempting to circumvent and from violating the security of this website, including, but not limited to: (a) accessing content and data that is not intended for You; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owners’ ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
We reserves the right to disable or terminate your account or take any appropriate measure at any time and at our sole discretion for any or no reason, including, but not limited to, following any violation of these Terms.
It is forbidden to present misleading information on our Website. The User shall be held solely responsible for any activities that result from the use of their account. The User must ensure at all times that the content they upload on our platform or website complied with the applicable legislation and doesn’t go against morality. That includes to not publish contents in any way that can be perceived as offensive, discriminatory or uncalled for. As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms.
Without limiting the foregoing, You warrant and agree that your use of the Website and any User shall not:
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity if this is not the case.
2. Pre-Order and Order of Products
Each pre-order or order you submit to purchase a Product or a Service constitutes an offer to purchase that Product or Service. Pre-orders or orders are complete when you provide your billing information and shipping address to us. All pre-orders and order will be subject to the payment terms below. We reserve the right to refuse or cancel any pre-order or order you place with us. In the event that Plantaform cannot fill your order for any reason, Plantaform will notify you and provide you with a refund.
All prices on this Website are subject to change without prior notice. Any changes in pricing that may occur before or during an order are not the responsibility of Plantaform. Items in your shopping cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when You first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time You purchase it.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees and applicable taxes associated with the purchase of our Products and Services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
4. Billing and Payments
You must have a valid credit card to purchase or pre-order any Product or Service. the determined amount provided for in the Product or Service shall be immediately debited/paid from your account to Us. Payment does not guarantee acceptance of your purchase. You agree that Plantaform may keep your payment information on file for a reasonable period after purchase and delivery of the Product or Service. If you are pre-ordering a Product, You may be given the option to pay the entire purchase price up front or otherwise just pay a deposit. Any pricing or payment terms quoted to you at the time of order are hereby incorporated in these Terms. You may request a refund for any pre-order up to 60 days prior to the estimated shipping date. After that, deposits are non-refundable. Any authorized refunds will be paid back to your payment method on file used for the purchase you are requesting a refund for. You are responsible for providing accurate banking information and Plantaform will not be responsible of any claim arising from an error in the banking information provided by the User.
5. Warranty & Refunds
In the event that you receive a Product which is damaged or defective due to our fault. You may request a refund by contacting Plantaform within 30 days of receiving such Product. Any authorized refunds will be paid back to your payment method on file used to purchase this Product.
If you purchase our Rejuvenate product, we warrant that for a period 12 months from the date of shipment of the Rejuvenate such product will be free from significant defects in material workmanship and design. the product will be new and do not contain used or reconditioned parts, unless otherwise specified to you.
This warranties under do not apply and will be immediately waived whenever the Rejuvenate have:
been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by us, such as changing the basic settings of the unit;
been reconstructed, repaired or altered by persons other than us;
been used with any third-party products, hardware or product that has not been previously approved in writing by us.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION ABOVE, PLANTAFORM MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OR CONDITION OF MERCHANTABILITY; OF (B) WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. YOU ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY REPRESENTATION, CONDITION OR WARRANTY MADE BY US, OR ANY OTHER PERSON ON OUR BEHALF.
Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order or purchase will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you.
We list shipping charges for each country on our website, and you must pay all shipping charges for the location of the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs to the address that you provide for an accepted pre-order are higher than the shipping costs you paid at the time that you offered to purchase a Product, Plantaform may, in its sole discretion, debit/pay such fees from your account to Us.
7. Transfer of Risk and Title
Risk of loss of the Product passes to you on Plantaform’s delivery of the Product to the shipping carrier, and you are responsible for any loss or damage to the Product from that point. Claims against a carrier for damage during shipping process are your responsibility.
The quoted prices are exclusive of all taxes, including without limitation provincial and federal sales taxes, import and export duties, levies, charges. These charges are your responsibility. If you are purchasing the Products from a jurisdiction outside of Canada, please check with your state and country’s customs office to determine what these additional costs will be prior to completing your order.
9. Restrictions on Use of the Product
You represent that the Product you have offered to purchase is for your own use and not for resale. Use of the Product may be subject to local laws in your jurisdiction. You are responsible for complying with all applicable laws. It is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances, and we do not endorse the Product for any particular use. You are solely responsible for using the Product in accordance with the applicable manual and instructions provided by Plantaform (the “Documentation”).
10. Intellectual Property
You understand and agree that our Product, the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Plantaform, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, Plantaform, Plantaform’s logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Plantaform or its affiliates or licensors. You must not use such marks without the prior written permission of Plantaform. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use our Product and the Website for your personal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print off, copy, or download any part of our website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by Plantaform. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
11. LIMITED WARRANTY AND DISCLAIMER
PLANTAFORM SHALL HAVE NO LIABILITY FOR ANY DAMAGE TO THE PRODUCTS OR INABILITY TO USE THE PRODUCT IF IT WAS NOT USED IN ACCORDANCE WITH THE DOCUMENTATION.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR PRODUCTS AND THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PLANTAFORM DOES NOT WARRANT THAT ANY PRODUCT COMPLIES WITH ALL APPLICABLE LAWS OR REGULATIONS IN ANY PARTICULAR JURISDICTION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE PRODUCT.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
12. Limitation of Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL PLANTAFORM NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, INFORMATION THEREON OR OUR SERVICES AND PRODUCTS, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
YOU ALSO AGREE TO RESOLVE ANY CLAIMS RELATING TO THIS AGREEMENT OR OUR SERVICES ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION. CLASS ARBITRATION, CLASS ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATION ARE NOT PERMITTED BY THIS AGREEMENT.
15. External Links
This Website may contain links to other websites that are not owned or controlled by Plantaform. Plantaform is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any third-party websites does not imply that Plantaform endorses or accepts any responsibility for the content or use of such websites, and You hereby release Plantaform from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
16. Force Majeure
If Plantaform accepts your offer to purchase a Product, Plantaform will not be liable to you for any delay, including any delay due to an event beyond Plantaform’s reasonable control, such as an act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, pandemic/epidemic, or any other natural or man-made eventuality outside of Plantaform’s control.
17. Export Control
You acknowledge that Products may be subject to export control laws and other laws and regulations of foreign jurisdictions, and that if Plantaform ships a Product to you, the Product may be impounded or otherwise confiscated by customs or other authorities. You are responsible for ensuring compliance with all applicable export control laws and regulations. You represent that you will not import, export, re-export, or transfer indirectly or directly any Product without obtaining proper authorization from the applicable government agencies. Without limiting the immediately preceding sentence, you will not import, export, re-export, or transfer directly or indirectly any Product to any destination for an end use that is prohibited by applicable law.
18. Controlling Law and Sever-ability
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflict of law principles. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. The courts of Ontario located in Ottawa, Ontario shall have exclusive jurisdiction of any dispute arising in relation to these Terms.
19. Consent to Electronic Communications
20. Entire Agreement
These Terms, together with your confirmed purchase order, constitute the entire agreement between you and Plantaform regarding matters described in these Terms. These Terms may be amended only us at our discretion. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
Upon termination of these Terms, any provision that by its nature or express terms should survive, will survive.
22. English Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.