Updated: June 01, 2024 Effective: June 01, 2024
Welcome to GardenEase.co.uk! Please read these Terms of Use (“Terms”) carefully as they constitute a legally binding agreement between you (“User”) and GardenEase. These Terms govern your use of the GardenEase website, https://www.gardenease.co.uk (“Site”), and any related services. By using the Site, you agree to these Terms. If you do not agree to all the Terms, you must immediately stop using the Site and any related services provided by GardenEase.
1. Scope
GardenEase reserves the right to change or modify these Terms at any time without prior notice. Your continued use of the Site constitutes your acceptance of any changes or modifications. Please review the Terms periodically to ensure you are aware of the most current version.
2. Services Provided
GardenEase offers services including but not limited to testing and reviewing gardening products, providing feedback through reviews, analyses, videos, FAQs, and articles (collectively, the “Services”).
3. Use of Website / Acceptable Use Policy
3.1 Accessing the Website
Users have free and open access to the Site. GardenEase reserves the right to withdraw or amend the Services on the Site without notice and will not be liable if the Site is unavailable at any time for any period. Users are responsible for ensuring they have the necessary arrangements to access the Site, including up-to-date anti-virus software, and ensuring that all persons accessing the Site through their internet connection comply with these Terms.
3.2 Accessing the Material
Users may access and print all material published on the Site for personal, private, and non-commercial use only. Users must not:
- Systematically download or print material to create a database.
- Remove notices of copyright or intellectual property.
- Modify, translate, reverse engineer, reproduce, decompile, disassemble, or create derivative works of any material.
- Commercially exploit, rent, lease, sublicense, loan, or transfer any rights in the material without GardenEase’s prior written consent.
GardenEase must always be acknowledged as the owner of the material. Unauthorized use will result in the termination of the right to use the Site, and any copies of the material must be returned or destroyed.
3.3 Prohibited Uses
Users agree not to:
- Send or distribute unsolicited messages (“Spam”).
- Engage in “screen scraping” or “database scraping” activities.
- Access the Site through unauthorized means.
- Transmit material containing viruses or harmful code.
- Interfere with or disrupt the Site, its services, servers, or networks.
- Collect or store personal data about other users without consent.
3.4 Submission of Material
Users submitting material to the Site agree to:
- Not submit offensive, abusive, indecent, defamatory, or obscene material.
- Not submit material infringing on third-party intellectual property rights or confidentiality.
- Grant GardenEase a worldwide, irrevocable, royalty-free license to use the submitted material.
- Allow GardenEase to publish, modify, or delete the material at any time.
- Allow GardenEase to share the user’s identity with third parties if the material violates these Terms.
- Waive any moral rights in the material.
4. Third-Party Sites and Links
The Site may contain links to third-party websites. GardenEase is not responsible for the content of these sites and does not endorse them. Access to linked sites is at the user’s own risk. Users may link to the Site for personal use, provided it does not harm GardenEase’s reputation and clearly indicates GardenEase’s ownership of the material. GardenEase may withdraw this permission without notice.
5. Commissions
All commissions, fees, or other compensation obtained by GardenEase are the exclusive property of GardenEase. Users are not entitled to any compensation for using the Site.
6. Disclaimer: Third-Party Warranties
Warranties for products reviewed or mentioned on the Site are provided by the manufacturers or distributors. GardenEase provides no guarantees on these products.
7. Liability
GardenEase is not liable for any omissions, inaccuracies, or lack of reliability in the material published on the Site. All information provided by GardenEase is believed to be accurate at the time of publication. Users must verify information with the merchant site and review the merchant’s terms and conditions before making any purchases. Any reliance on the content or other material on the Site is at the sole risk of the user.
GardenEase does not sell, resell, or license any of the products reviewed or mentioned on the Site and disclaims any responsibility or liability related to them.
Users’ correspondence or transactions with third parties, including payments and goods delivery, are solely between the user and the third party. Users agree that GardenEase is not responsible or liable for any loss or damage incurred as a result of transactions with third parties. Any questions, complaints, or claims regarding any product or service should be directed to the appropriate vendor.
GardenEase disclaims all liability, whether based in contract, tort, strict liability, or otherwise. GardenEase shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Services.
In the event that GardenEase is found liable to a user for any damage or loss arising from the use of the Services, GardenEase’s liability shall not exceed the greater of GBP 50.00.
8. Indemnity
Users agree to indemnify and hold GardenEase and its affiliates harmless from claims, liabilities, losses, damages, costs, and expenses arising from:
- Use of the Services.
- Unauthorized use of accounts or passwords.
- Violation of these Terms or the Privacy Policy.
- Violation of the rights of any person or entity.
9. Intellectual Property
All content on the Site is the exclusive property of GardenEase. Unauthorized reproduction or use of the Site’s content violates GardenEase’s intellectual property rights and may result in legal action.
10. Accounts
10.1 Registration
Users can create accounts to receive customized reviews. Users must provide accurate information and update it as necessary. Users are responsible for maintaining the confidentiality of their passwords and accounts.
10.2 Use
Users are responsible for all activities under their accounts.
10.3 Security
Users must notify GardenEase immediately of unauthorized account use. GardenEase is not liable for losses due to unauthorized use. Users are liable for any damages resulting from account misuse.
10.4 Use of Others’ Accounts
Users may not use anyone else’s account at any time.
10.5 Termination of Accounts
GardenEase may suspend or terminate accounts with false, inaccurate, outdated, or incomplete information.
10.6 No Obligation to Retain Records
GardenEase has no obligation to retain user accounts or related data.
11. Applicable Law and Jurisdiction
These Terms are governed by the laws of Quebec. Any legal action must be brought in the courts of the Province of Quebec, Canada, specifically in the city and district of Montreal.
12. Miscellaneous
If any part of these Terms is found unenforceable by a court, the validity of the remaining Terms is unaffected. Nothing in these Terms creates a partnership, joint venture, or agency relationship between users and GardenEase.