Welcome. Plant Happy!

Introduction & Scope.

Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our website available at the URL www.plantly.io (the “Site”), including its sub-domains and its mobile optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.

The Site and the provided products and services are delivered by Plantly LLC (hereinafter referred to as “Plantly”).  The following terminology applies to our Terms, Privacy Policy, Cookie Statement, Accessibility Disclaimer and other guidelines and agreements indicated by us from time to time: “client”, “user”, “you” and “your” refers to you, the person logged on this website and compliant to the Company’s terms and conditions; “ourselves”, “we”, “our” and “us”, refers to our parent and holding companies.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting the client’s needs in respect of the provision of Plantly’s stated services, in accordance with and subject to, prevailing laws applicable to Plantly.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Henceforth, by accessing this Site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these Terms, you are prohibited from using or accessing this Site.  The materials contained in this Site are protected by applicable copyright and trademark law.

Services Offered.

Plantly is an online marketplace where users can purchase quality vegetables, plants, gardening and other hardware related goods sourced directly from our providers.  Accordingly, Plantly agrees to furnish its online marketplace platform services (the “Services”) to: (i) the visitors that browse the Site; (ii) buyers and sellers of goods registered into the Site; and (iii) any other users that have opened an account, all subject to the following Terms.

Please remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us.  Therefore, if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

Account Registration, Verification and Safety.

In order to use our Services, you must create an account, including all mandatory fields on the registration form.  You must provide accurate and complete information, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties.

If you lose or disclose it, you must promptly inform us.  You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach or unauthorized use of your account.

Purchase Terms.

All our sellers will undertake their reasonable commercial efforts to ensure that the quoted prices and descriptions are true, accurate, updated and correct, but notwithstanding the foregoing, Plantly cannot fully guarantee such information.  Accordingly, the specifications, availability, eligibility, prices and characteristics of the products and services provided via the Site will be subject to change at any time, may or will be discontinued without prior notice and without any responsibility on behalf of Plantly.

You authorize us to charge your account for Plantly´s fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for products we remove.  We may refuse purchases, which may place a hold on your account.

The receipt of the order is recorded and confirmed by our platform, with the sending of an e-mail to the address indicated by the buyer during registration.  Please keep the email until you receive the purchased product(s).

While products offered on-line via our Site will usually be priced based upon the merchandise prices indicated by sellers, it is possible that you may encounter difference in prices due to promotional events and updated pricing at different times.

Please be advised that the color of actual products may or will vary to the one displayed on your monitor.  We strive to display the colors of the products shown on the Site as accurately as technically feasible, but nonetheless we cannot guarantee that your monitor will display any color accurately.

Plantly does not make any representation or warranty regarding subjective elements of the products offered via the Site (e.g,. this beer is not as tasty as the other type I tasted; its color, texture, smell, flavor).

Plantly does not make any representation or warranty regarding the texture or color of the products sold, nor for the craftsmanship, merit, and other subjective characteristics of the products offered via the Site.

Any and all product guarantees such as weight, amount, size, color, texture, species, genus, type, and other measureable characteristics of the goods sold will be the responsibility of the sellers.

Due to the inherent perishable nature of the sold goods, under no circumstances will Plantly be responsible for the death of any and all plants, vegetables, vegetal matter, or for other biological processes therefrom, including but not limited to, any damages during shipping or when transplanting the goods, inadaptability to new humidity, barometric pressure, temperature and/or sunlight, along with any plagues, diseases, fungus or parasites, whether in the purchased plants, or even if they infect your own garden, etc.

There may be occasions where a product that is listed by sellers has been incorrectly listed (e.g., typographical error, human error, or system error).  In such case, the seller hereby reserves the right to refuse or cancel any orders placed for any and all products incorrectly listed.  If the payment processing method of the buyer has already been charged, the seller may cancel the order and issue a refund or credit in the amount of the incorrect price. However, in most scenarios, the seller on Plantly would be responsible for the processing fees collected by the payment processor (stripe and/or others in the future) and  any servicing commission to pliantly.

Shipping Terms.

The products sold through our platform are offered by third party sellers, who will offer delivery and set charges for such services on a case-by-case basis.  We do not offer delivery services ourselves.

Some of our items may be available for in-store, at a home greenhouse, or shared greenhouse pickups for certain products.  In this case, buyers will be able to select same day pick-up or a future date and time to be indicated by each seller.

Upon placing an order, payment must be received and processed by Plantly prior to order processing and shipping.  There are no listing or registration fees, payment is collected from the buyer when he/she makes a purchase.

Once payment clears, the seller may proceed to shipping.  All items are subject to availability, and the seller must inform buyers if the selected products are out of stock, and in such case to propose substitute items or a full refund of the price paid.

Before placing a final order for purchased items, buyers will be able to review the amount and type of shipping and handling fees for their order.  All dates displayed are estimated, since sellers may use third party couriers to ship their products.  All buyers should take into account that Plantly will not be responsible for any delays, additional expenses, customs fees and any problems caused by a third-party providers’ logistics.

Shipping fees are determined by numerous factors, such as dimensions, delivery address, and type of shipping.  Please contact each seller and send him all required information, such as your address, country, and zip code for better results.

In the future, we may implement a calculator for shipping times and cost, through which buyers may decide before each completed order, as well as updates via parcel tracking technology integrated into the Site.  Notwithstanding, all shipping times are the responsibility of the sellers.

Depending on the buyer’s place of residence, the seller may collect taxes on orders placed.  All of our users should be reminded that tax obligations are not optional.

As a final notice for this section, our sellers may not be able to ship items to certain regions, and, therefore, they should reject orders with delivery addresses in such regions.

Refund Terms.

Once the buyer has successfully made a purchase, the seller is responsible to deliver the product.  All purchases have an automatic cool-off period of ten (10) days, counted from the date where the product was received by the buyer, as indicated by the courier service.  After such period, all purchases are automatically accepted and will remain final.  After the cooling off period, money from the purchase will be transferred to the seller’s account.

However, in the rare occurrence that if after ten (10) days the dispute is not resolved, Plantly may intervene as a last resort.  It is our goal is to resolve any disputes as quickly as possible while being fair to both parties. If you are concerned about the refund policy, please ask the seller before you make your purchase.  For more information, please take a look at our Mediation Section.

Our refund policy varies from seller to seller. We recommend our sellers put their return policy on their profile pages, setup through their vendor dashboard.  In general, we honor a full refund or a partial refund, based on all evidence we collect from each party.  In almost all cases, however, buyers and sellers will settle the dispute among themselves, as we are all here for the same reason — we love plants.

In the case of a refund, the buyer will receive the full price of each order back, less our service fees and any merchant fees.  In such case, the seller would not receive any amount at all.  Once the refund is approved, Plantly will transfer the refund within no less than fifteen (15) days from the date our systems approve the refund or when the merchant approves the refund, whichever occurs later.

Buyer should include a description of the items in question, including the reason Buyer is seeking a refund, Buyer’s name, address, account information, payment details, and product(s) along with images of the shipping package, the product, and any defects or shipping damages.  Buyer should keep in mind that Buyer will generally have to pay for the shipping and/or insurance on the shipment back to seller.

Mediation.

Any and all final disputes among our users who purchased third party products and the sellers shall be solved by the Buyer and Seller.  Notwithstanding the foregoing, Plantly may decide to offers mediation services for egregious situations that include but will not be limited to: (i) customers who made a significant investment and are not satisfied with the product purchased, therefore alleging that the characteristics, nature and/or quality of a product are not what such customer may reasonably expect from the seller; and/or (ii) sellers who ascertain that they effectively sold a product with specific characteristics, nature, and qualities. It is important to note that situations out of the control of the seller due to shipping and or weather issues are not applicable. The mediation services must be solicited within the ten (10) days cool off period, counted from the date where the buyer received the product, as indicated by the courier service.  Hereinafter, each mediation instance shall be called a “Dispute.”

Plantly will not take part in a Dispute other than as a mediator and will use the means available via the Services in order to achieve an amicable resolution among the users.  If the parties to the Dispute cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute may be escalated to Plantly, and we will offer a non-binding recommendation for the settlement of the Dispute. Fees may be incurred by either party for these services.

Payment Terms.

We use payment platforms provided by globally accepted third-party payment processors.  Accordingly, the processing of payments will be subject to the fees, terms, conditions, and privacy policies of such payment processors.  Plantly is not responsible for any and all errors, fees and currency conversions fees by such payment processors.

Such third-party payment transaction processors have enacted their own terms of use, user agreements, and privacy policies, which will govern their provision of services to you in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers.

If you elect to use a direct payment gateway in order to complete your purchase, then the third-party payment processors will collect and store credit card data.  For ease of use, and much like most ecommerce sites, your credit card data will be stored with the payment processor, Stripe. We value your security, which is why periodically review our security practices and procedures. For more information, please refer to: https://stripe.com/docs/security/stripe

Millions of companies of all sizes—from startups to Fortune 500s—use Stripe’s software and APIs to accept payments, send payouts, and manage their businesses online.  Companies using stripe include, Instacart, shopify, lyft, zoom, slack, amazon, salesforce & Google, just to name a few.

Fees for Sellers.

Buyers and sellers can open and operate their accounts for free.  Once a sale is made from a seller’s store, our secure and globally trusted payment processor (Stripe) will deduct the service and ACH fees, and deposit funds directly into the Vendors Stripe account.

  • Service and admin fees: based on a percentage of vendors sales and this percentage may change based on Vendors sales and/or previous agreements. Starting Jan 1, 2021, our standard platform commission fee is (6.5%) on sales made on Plantly, however, ZERO LISTING FEES.  As this service fee is fair and in-line, or in many cases, below market-rate from other non-specialized marketplaces, we continuously will revisit this based on the community’s feedback and adjust appropriately and accordingly.For additional context, below are the commission/service fees charged by other general, not plant-specific marketplaces:
    • *Sliding scale
    • The Initial Beta Vendors will receive reduced fees and for a period of 5mo or predetermined amount, whichever comes first. 
  • Merchant ACH Processing fees: Plantly uses Stripe for payment processing, which charges (2.9% + $0.30) per transaction. It is important to note that these fees are standard across all the payment processors at: will be based according to the terms of each third-party payment provider. It is important to note that Plantly made a conscious decision to use Stripe instead of PayPal or Apple Pay. As the fees are all identical (as of Dec 2020), it came down to security, usability and speed of paying our Vendors which we recognize is very important. Unless grandfathered in as an early beta vendor, Fees for our sellers may also include, but are not limited to following:
  • Other / Non-standard Marketing Services: upgraded services will be available and up-charges will be incurred if seller/vendor selects monthly or ad-hoc professional services and/or from any of the elevated marketing tactics (e.g., featured items, In App Notifications, targeted product placement and social media).

Disputes & Chargebacks.

Buyers must provide us with valid and current billing information.  Except as expressly set forth herein, all payment charges are final and non-cancelable.  If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

A chargeback is typically caused when a Buyer disputes a charge that appears on Buyer’s bank or payment processing statement.  A charge-back may result in the reversal of a transaction, with the amount charged back to you.  You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.

When a chargeback is issued, you are immediately liable to Plantly for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction).  Accordingly, you hereby represent and warrant that you expressly appoint Plantly as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.

If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus, you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees, and other legal expenses incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.

User Support.

You can always contact our team with questions about our Services, and we will strive to answer them and work together in order to resolve any such inquiries.  You must provide us with full details of your service query, so we can clearly assess your concerns.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page.  We will undertake commercially reasonable efforts in order to answer as quickly as possible.

Intellectual Property Rights.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Plantly are the property of –or otherwise are licensed to– Plantly or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in Plantly or our Services, in whole or in part.

For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Plantly and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

 

Digital Millennium Copyright Act (‘DMCA’) Notice.

In compliance with the DMCA, we inform you that Plantly is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact by email.  You can review the current DMCA text at the U.S. Copyright Office website.

Plantly takes copyright infringement matters seriously and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.

The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party.  You must notify us of your claim with subject: “Takedown Request”.  Once received, Plantly will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Plantly may delete it, disable or otherwise stop displaying it.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice.  Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.

To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.

User Code of Conduct.

As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

  • Infringe these Terms or allow, encourage, or facilitate others to do so.
  • Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  • Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  • Republish, sell, rent, or sub-license content or materials from the Site without our authorization.
  • Reproduce, duplicate, or copy material from the Site without our authorization.
  • Distribute, post, or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred, or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic, or analogous material.
  • Collect, receive, transfer, or disseminate any personally identifiable information of any person without due consent from the title holder.
  • Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  • Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Plantly or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
  • Use our services or application vulnerabilities to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
  • Undertake any action that will or may cause an unreasonable load on Plantly’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Plantly.
  • Intercept or monitor activity via our Site or Services, without our express authorization.
  • Otherwise reverse engineer, de-compile or extract the proprietary code of the Site and our Services.

Content Moderation.

Plantly encourages users to report violations of our Terms.  Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Parts of the Site may offer an opportunity for users to post and exchange opinions and information in certain areas.  Plantly does not filter, edit, publish or review comments prior to them being posted.  Comments do not reflect the views and opinions of Plantly, its agents, and/or affiliates; but rather, they reflect the views and opinions of the person who posts his or her views and opinions.  To the extent permitted by applicable laws, Plantly shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on our Site.  Plantly reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or cause breach of these Terms.

You agree we may moderate Plantly’s access to any visitor or user, at our sole discretion (e.g., by blocking (e.g., IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination).  You agree: (i) not to bypass said moderation: (i) that we are not liable for moderating, not moderating, or representations as to moderating; and (iii) nothing we say or do waives our right to moderate, or not.

The Internet is not an anonymous means of communications; thus, we cannot guarantee the confidentiality of any content that you provide to us via the Services.  Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third-party websites, including search engines and social media sites.  Not all content can be marked as private.

Plantly has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g., names, photos, posts, feedback, images, comments, questions, and other content) to determine compliance thereof, and to edit, refuse to post, or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Plantly and our Services.

No Spam Policy.

We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service.  We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party.

Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication.  Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link.  Please see our Policy for more information.

Account Suspension & Termination.

Plantly encourages you to report violations of our guidelines and Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.  You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.

Third Party Linking.

The following organizations may link to our Site without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Site in the same manner as they hyperlink to the websites of other listed businesses; and
  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Site.

These organizations may link to our home page, to publications, or to other Site information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law, and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Plantly, and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in the above mentioned paragraph and are interested in linking to our website, you must inform us by sending an e-mail to [email protected]  Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Site, and a list of the URLs on our site to which you would like to link. Due to the increased volume, please wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Site being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Plantly’s logo or other artwork will be allowed for linking absent of a trademark license agreement.

Updates & Amendments.

Plantly reserves the right to modify, amend, suspend, terminate, upgrade, update, or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Parental Notice.

Plantly encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors.  Plantly does not knowingly provide its Services to persons under the age of eighteen (18).  If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian.  Users are prohibited from providing Plantly with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.

Plantly does not knowingly collect any kind of information from any person under the age of thirteen (13) and will delete any related information thereto.  For more information, please read our Policy.

Term, Termination.

The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Plantly begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Plantly’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Plantly to you from time to time; or (v) Plantly’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.

User Privacy.

By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

Advertising, Opt-out.

We may support the Site and our Services through advertising and other commercial opportunities.  These advertisements may be tailored to the content of the Site, and the nature and extent of such advertising by us is subject to change without prior notice.  Please refer to our Policy for information regarding certain advertisement opt-out.

Newsletters.

The Site may allow you to create and/or subscribe to a newsletter service, which may be provided by us or through an authorized third party.  Through such newsletter, buyers may receive information according to seller’s preferences.

As a user, you may receive a standard communications indicating subscription therefore and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications and also in your account preferences.

Content Liability.

We shall not be held responsible for any content that appears on any of the vendor stores on Plantly.    No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

Reservation of Rights.

We reserve the right to request that you remove all links or any particular link to our Site.  You agree to immediately remove all links to our Site upon request.

Removal of links from the Site.

If you find any link on our Site that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.

You acknowledge and agree that Plantly shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site.  Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.

No Endorsement.

The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our control as they are provided by planlty vendors.  Some of the images shown on the Site are licensed and/or purchased stock photos and are only shown for illustration purposes.  Some or all of the content displayed in the Site is undertaken by external third parties, and does not reflect Plantly’s opinions, nor does Plantly, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

Disclaimer of Warranty.

To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind.  Plantly, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, and non-interference with use and/or enjoyment.

Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

In no event shall Plantly, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Plantly, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

If a user suffers loss or damage as a result of Plantly’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) months or the amount of direct loss or damage suffered by the customer, whichever is less.

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.  Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification.

You agree and acknowledge to indemnify, hold harmless, and defend Plantly, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Plantly’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Plantly’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Plantly); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Assignment.  These Terms will inure to the benefit of any successors of the parties.  We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest.  Any rights not expressly granted herein are thereby reserved.  These terms will inure to the benefit of any successors of the parties.  We reserve the right, at any time, to transfer some or all of Plantly’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Force Majeure.  Plantly is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Plantly’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

Entire Agreement.  These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.

Equitable remedies:  You hereby acknowledge and agree that if these Terms are not specifically enforced, Plantly will be irreparably damaged, and therefore you agree that Plantly shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.

Language.  These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.

No Embargo.  You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

No Relationship.  You and Plantly are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

No Waiver.  Failure by Plantly to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Applicable Law, Dispute Resolution.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the State of North Carolina.

Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Plantly that cannot be resolved informally shall be resolved by binding arbitration on an individual basis under the terms of these Terms.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This arbitration applies to you and Plantly, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Plantly should be sent to our address as indicated in our contact section.  After the Notice is received, you and Plantly may attempt to resolve the claim or dispute informally.  If you and Plantly do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.  The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.

Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.

The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand Dollars ($10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand Dollars ($10,000.00) or more, the right to a hearing will be determined by the ADR Provider Rules.

Any hearing will be held in a location within 100 miles of Plantly’s primary business premises, unless the parties agree otherwise.  If you reside outside of State of North Carolina, the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings, as detailed below.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration.  If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, reputable video conference-based tools and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits.  If you or Plantly elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.

Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Plantly, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider Rules, and the Terms.

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Plantly.

Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.

Waiver of Class Actions, Non-Individualized Relief.  You acknowledge and accept that claims brought against Plantly shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and Plantly, you may not adjoin or consolidate any claim with more than one person; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Forum.  For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the State of North Carolina, United States of America.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.

Contact
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at: [email protected]

Date of last effective update is 26 DEC 2020.

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