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Terms and Conditions

1. Account Terms

To access and use the Services, you must register for a Garden Design Store account (“Account”). To complete your Account registration, you must provide us with your name, a valid email address, and any other information indicated as required. Garden Design Store may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Garden Design Store for the any purposes of carrying on a business activity or any personal, household, family purpose.
You acknowledge that Garden Design Store will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Garden Design Store and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Garden Design Store can only be authenticated if they come from your Primary Email Address.
You are responsible for keeping your password secure. Garden Design Store cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
Technical support in respect of the Services is only provided to Garden Design Store Users. Questions about the Terms of Service should be sent to Garden Design Store Support.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Garden Design Store.
You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including to process orders outside Garden Design Store’s Checkout, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means. You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Garden Design Store or its affiliates.

2. Account Activation

Which means Only one person can be the “Account Owner”, usually the person signing up for the Garden Design Store Service. The Account Owner is responsible for the Account, is bound by these Terms of Service and is responsible for the actions of others accessing the Account. If you sign up on behalf of your employer, your employer is the Account Owner responsible for your Account.
We automatically create certain accounts for you to accept payments. You are responsible for activating and deactivating these accounts and complying with their terms, which may be with various third parties, including but not limited to Stripe. Any domain you purchase through us will automatically renew unless you opt out.

2.1 Account Owner

Subject to Section 2.1.2, the person signing up for the Service by opening an Account will be the contracting party (“Account Owner ”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer will be the Account Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Garden Design Store Account can only be associated with one Account Owner. A Account Owner may have multiple Garden Design Store Accounts.

3. Garden Design Store Rights

Which means Garden Design Store has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Garden Design Store Account, we can freeze a Garden Design Store Account or transfer it to the rightful owner, as determined by us.
The Services have a range of features and functionalities. Not all Services or features will be available to all Customers at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Garden Design Store employee, member, or officer will result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Garden Design Store employees and contractors may also be Garden Design Store customers and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
Garden Design Store reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Account Owner. If we are unable to reasonably determine the rightful Account Owner, without prejudice to our other rights and remedies, Garden Design Store reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

4. Payment of Fees and Taxes

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Garden Design Store’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the Primary Email Address provided. As well, an invoice will appear on the Account profile page.
If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within three days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle.
For the avoidance of doubt, all sums payable by you to Garden Design Store under these Terms of Service will be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Garden Design Store to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Garden Design Store will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
Garden Design Store does not provide refunds.

5. Confidentiality

Which means, both you and Garden Design Store agree to use the Confidential Information of the other only to perform the obligations in these Terms of Service. Confidential Information must be protected and respected.
“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Garden Design Store’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 5. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

6. Limitation of Liability and Indemnification

Which means We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.
You expressly understand and agree that, to the extent permitted by applicable laws, Garden Design Store and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
You agree to indemnify and hold us, subsidiaries, affiliates, Garden Design Store partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party, or your breach of the Terms of Service.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Garden Design Store does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Garden Design Store does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Garden Design Store is not responsible for any of your tax obligations or liabilities related to the use of Garden Design Store’s Services.
Garden Design Store does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.

7. Intellectual Property

Which means, anything you upload remains yours (if it was yours) and is your responsibility, but Garden Design Store can use and publish the things you upload. Anything uploaded to Garden Design Store remains the property and responsibility of its initial owner. However, Garden Design Store will receive a license of materials published through our platform that we may use to operate and promote our Services.

7.1 Garden Design Store Intellectual Property

You agree that you may not use any trademarks, logos, or service marks of Garden Design Store, whether registered or unregistered, including but not limited to the word mark Garden Design Store, unless you are authorized to do so by Garden Design Store in writing. You agree not to use or adopt any marks that may be considered confusing with the Garden Design Store Trademarks. You agree that any variations or misspellings of the Garden Design Store Trademarks would be considered confusing with the Garden Design Store Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Garden Design Store or Garden Design Store Trademarks or that use or include any terms that may be confusing with the Garden Design Store Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Garden Design Store patents.

8. Feedback and Reviews

Which means, we welcome customer feedback but are under no obligation to ensure that ideas and suggestions regarding our Services or the services of third parties remain confidential and we can use the feedback in any way we want.
Garden Design Store welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Garden Design Store be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Garden Design Store (whether submitted directly to Garden Design Store or posted on any Garden Design Store hosted forum or page), you waive any and all rights in the Feedback and that Garden Design Store is free to implement and use the Feedback if desired, as provided by you or as modified by Garden Design Store, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Garden Design Store must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Garden Design Store reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

9. Privacy and Data Protection

Which means, Garden Design Store’s use and collection of personal information is governed by our Privacy Policy. Garden Design Store’s use and collection of customer personal information is further governed by our Data Processing Addendum.
Garden Design Store is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Garden Design Store’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.
To the extent that Garden Design Store processes personal information of your customers as a “data processor” or “service provider” under certain data privacy or protection laws, including the EU or UK General Data Protection Regulation and the California Consumer Privacy Act, Garden Design Store’s collection and use of personal information is also subject to our Data Processing Addendum.

10. Term and Termination

Which means, to initiate a termination, you don't must contact Support. Garden Design Store will respond with specific information regarding the termination process for your account.
We may terminate your account at any time.
The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
You may cancel your Account and terminate the Terms of Service at any time.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
- Garden Design Store will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Garden Design Store for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- your Garden Design Store Store will be taken offline.
If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

11. Modifications

Which means If we make a material change to the Terms of Service that adversely affects your rights under the Terms of Service or your use of our Services in a material way, we will notify you in advance (unless the change relates to legal requirements or to prevent abuse of our Services, among other things).
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Garden Design Store administrative console, or by similar means. However, Garden Design Store may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Garden Design Store may change the Fees for the Services from time-to-time. We will provide you with 30 days advanced notice prior to any changes in Fees by sending an email to the Primary Email Account, providing notice through the Garden Design Store administrative console, or by similar means. Garden Design Store will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).

12. General Conditions

The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Garden Design Store and govern your use of the Services and your Account, superseding any prior agreements between you and Garden Design Store (including, but not limited to, any prior versions of the Terms of Service).
The failure of Garden Design Store to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service will remain in full force and effect.
Save for Garden Design Store and its affiliates, you or anyone accessing Garden Design Store Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Garden Design Store will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Garden Design Store’s prior written consent, to be given or withheld in Garden Design Store’s sole discretion.
If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.