Terms and Conditions
Introduction
Welcome to Gardeners Newham! These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Gardeners Newham. These terms govern your access to and use of our website and services. By accessing or using our website and services, you agree to be bound by these terms. If you do not agree to abide by these terms, please do not use our services.
Use of Service
Gardeners Newham provides a comprehensive platform for individuals seeking professional gardening services, purchasing quality gardening products, and accessing valuable gardening-related information and resources. By utilizing our services, you agree to use them solely for purposes that are legal, appropriate, and in compliance with all relevant laws and regulations. You further agree not to engage in any activity that may disrupt or interfere with the proper functioning of our services or to interfere with other users’ enjoyment of our services.
Eligibility
Access to and use of our services is limited to individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using our services, you represent and warrant that you meet these eligibility requirements. Additionally, if you are using our services on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions.
User Account
To take full advantage of certain features, you may be required to create a personal account. Upon account creation, you agree to provide accurate, current, and complete information as prompted by the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password that you use to access your account and for any activities or actions under your password, whether your password is with our Services or a third-party service. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
User Responsibilities
As a user of Gardeners Newham, you agree to:
- Provide Accurate Information: Ensure that all information provided during the registration and purchasing process is truthful and up-to-date to facilitate proper service delivery and communication.
- Maintain Account Security: Regularly update your passwords, and maintain confidentiality of your account credentials to prevent unauthorized access. You are responsible for all actions taken under your account.
- Comply with Laws: Adhere to all applicable local, state, national, and international laws, statutes, and regulations, as well as any industry-specific standards, in your use of our services.
- Avoid Prohibited Activities: Refrain from transmitting any content that is unlawful, offensive, defamatory, obscene, or otherwise objectionable. Do not use our services to distribute malware or engage in any form of cyberattacks.
- Respect Intellectual Property: Do not infringe upon or imitate the proprietary rights of others, including but not limited to trademarks, copyrights, or patents. Ensure that all content you upload or share complies with these rights.
- Provide Timely Feedback: Offer constructive feedback regarding our services, allowing us to improve and tailor our offerings to better meet your needs and expectations.
Payments and Refunds
All payments for products and services on Gardeners Newham are due at the time of purchase, unless otherwise stated. We accept various forms of payment, including major credit cards, debit cards, and other payment methods as listed on our website. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided and that the information you provide is accurate, complete, and up-to-date.
Upon successful processing of your payment, you will receive a confirmation email detailing your purchase, including the services rendered or products purchased, the amount paid, and other relevant transaction details. It is your responsibility to ensure the accuracy of your payment information.
If you are not satisfied with your purchase, please refer to our Refund Policy for detailed information on how to request a refund. Refunds, when applicable, will be processed to the original method of payment and will be subject to our discretion based on the circumstances of the request and compliance with our refund criteria.
In the event of a billing error by either you or Gardeners Newham, please notify us immediately. We will investigate and correct any billing errors promptly, but it may take some time for the correction to be reflected in your billing statements.
Limitation of Liability
In no event shall Gardeners Newham, nor its directors, employees, partners, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages arising from your access to, use of, or inability to use our services, even if we have been advised of the possibility of such damages. This includes, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses.
Our services are provided on an AS IS and AS AVAILABLE basis, without any warranties of any kind, either express or implied. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Gardeners Newham does not warrant that the services will be uninterrupted, secure, or error-free, or that any defects or errors will be corrected.
You expressly agree that your use of, or inability to use, the services is at your sole risk. You are solely responsible for any damage to your computer system or loss of data that results from the download of any content from our services.
Termination
We reserve the right to terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions or engage in conduct that is harmful to other users or to Gardeners Newham.
Effect of Termination
Upon termination of your account, your right to use our services will immediately cease. All provisions of these Terms and Conditions which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Any content or materials obtained by you prior to termination shall remain accessible to you, and Gardeners Newham shall not be liable of any loss, damage, or inconvenience incurred due to the termination or deactivation of your account.
Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Gardeners Newham operates, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction, and any disputes will be resolved solely within those courts.
Changes to Terms
Gardeners Newham reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a "material change" will be determined at our sole discretion. By continuing to access or use our services after revisions become effective, you agree to be bound by the revised terms.
Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which also governs your use of our services, to understand our practices. By using our services, you agree that we can collect, use, and disclose your information in accordance with the Privacy Policy. Our Privacy Policy explains how we handle your personal data and protect your privacy when you use our services.
Dispute Resolution
Any disputes arising out of or related to these Terms and Conditions or your use of our services shall be resolved through binding arbitration in accordance with the rules of the governing jurisdiction in which Gardeners Newham operates. Neither party shall be entitled to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or other proprietary rights.
Entire Agreement
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and Gardeners Newham regarding your use of our services, superseding any prior agreements between you and us regarding your use of our services. You acknowledge that no representations, inducements, promises, or agreements have been made by Gardeners Newham except as set forth in these Terms and Conditions.
Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. The failure of Gardeners Newham to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Waiver
No waiver by Gardeners Newham of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.