Website Terms and Conditions
Last Updated: October 22, 2015
PLEASE CAREFULLY READ THESE WEBSITE TERMS AND CONDITIONS BEFORE USING GARDEN STARTERS INTERNATIONAL INCORPORATED’S WEBSITE. THESE TERMS AND CONDITIONS ARE A BINDING CONTRACT THAT GOVERNS USE OF THE GARDEN STARTERS WEBSITE AND RELATED SERVICES, EXEMPTS GARDEN STARTERS AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, SPECIFIES THE JURISDICTION FOR RESOLUTION OF DISPUTES, AND CONTAINS OTHER IMPORTANT PROVISIONS.
EACH TIME YOU ACCESS OR USE THE GARDEN STARTERS WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE MOST CURRENT VERSION OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE GARDEN STARTERS WEBSITE.
- Your Acceptance of these Terms and Conditions
These Terms and Conditions are a legal agreement between you and Garden Starters International Incorporated (“Garden Starters”) regarding your access to and use of the Garden Starters website located at www.gardenstarters.com (the “Website”). Each time you access or use any aspect of the Website, you signify your acceptance and agreement, without limitation or qualification, to be bound by the most current version of these Terms and Conditions. If you do not agree with these Terms and Conditions, you may not access or use the Website. These Terms and Conditions are in addition to any other agreement you may have with Garden Starters and in addition to Garden Starters’ published policies.
Garden Starters may in its discretion change these Terms and Conditions at any time by posting the changed Terms and Conditions on the Website. The changed Terms and Conditions are effective immediately upon posting on the Website, unless the changed Terms and Conditions expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms and Conditions and review any changes since the previous version. By using the Website after these Terms and Conditions have been changed, you signify your acceptance and agreement to the changed Terms and Conditions. You may not change, supplement or amend these Terms and Conditions in any manner.
- Permissible Users
The Website may be used only by individuals who are the age of majority in their jurisdiction of residence and who can form legally binding contracts under applicable law. The Website may not be used by an individual in jurisdictions where access to or use of a Website or any part of it may be illegal or prohibited. You may not use the Website if you breach these Terms and Conditions or if your permission to use the Website has been suspended or terminated by Garden Starters.
- No Professional Advice
The Website information is for convenience and informational purposes only. The Website is not intended to be any kind of professional advice regarding any matter.
- Personal Information Privacy
- Permissible Use
You may use the Website solely for your lawful, personal, non-commercial purposes, in the manner permitted by the Website, and subject to these Terms and Conditions and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Garden Starters.
- Usernames and Passwords
Certain areas of the Website may be used only by persons who have applied for and received a valid and subsisting username and password (collectively “Codes”) issued by Garden Starters. All Codes remain the property of Garden Starters, and may be cancelled or suspended at any time by Garden Starters in its discretion without any notice or liability to any person.
Garden Starters is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Garden Starters may act upon any communication that is given with the use of Codes. Garden Starters may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Garden Starters is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Garden Starters by email at if you know or suspect that any of the Codes have been lost or stolen or become known to or used by any other person.
- Misprints, Errors, Product Availability and Shipping Contingencies
Garden Starters endeavours to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, subject to applicable law, we: (a) reserve the right to change the prices of the goods and services advertised or offered for sale through this Website at any time and from time to time without notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Website will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or available for sale; (d) do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current or error-free; and (e) reserve the right not to process orders (even accepted orders) where the price or material information on this Website is inaccurate. If a product offered by us on this Website is not as described, your sole remedy is to return it in unused condition for a refund of the price paid.
Please note that when you place an order to purchase on this Website, it constitutes an offer to purchase and remains subject to our acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.
- Minimum Advertised Price Policy for Distributors
All prices and dollar amounts on this Website are quoted in the Website’s local currency. We only accept payment for goods and services that you order by valid credit cards that you are authorized to use. Your credit card will be charged when your order is submitted; however, we are able to reverse the amount charged in certain circumstances before the goods are grown for you; for example, if you submitted an order in error and we are contacted directly before the goods are seeded or grown for you. If the charge is not accepted, we reserve the right to cancel your order without notice or liability. We reserve the right to stop accepting credit cards from one or more issuers. You are responsible for and agree to pay, all applicable federal, provincial, municipal, local or other sales, use, excise, value-added, goods and services or other taxes, fees or charges arising from or related to your order of goods or services. Such amounts, along with shipping charges, are in addition to the prices indicated on this Website. Prices and product selection may differ from those found in our store or with our authorized dealers. This provision does not apply to the extent goods or services are not offered on this Website.
- Risk of Loss
It is Garden Starters’ policy that the risk of loss and title for all products purchased from this Website passes to you upon our delivery of the purchased products to the carrier. If you return goods to us for any reason, you are responsible for the loss and damage during shipping and until we receive the goods. This provision does not apply to the extent goods or services are not offered on this Website.
- Warranty & Liability and Warranty Return Policies
Garden Starters products, including products offered for purchase on this Website, are covered by our Warranty & Liability Policy and Warranty Return Policy. Please review these policies carefully before completing your order.
Buyers should be aware that certain plants purchased may not be shipped based on availability. Garden Starters will request a substitute, or short the order and provide money back for products unable to be shipped.
All orders are subject to the order deadline listed on the website. Product ships only during select times during the calendar year, which is also listed on the website. Orders must be made by case pack laid out by website. Garden Starters does not guarantee the success of the live plants you purchase.
Specific plant series are subject to change.
- Ownership of Websites
Trademark 2015 Garden Starters. All rights reserved.
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement and look and feel of those elements and the Website as a whole) and all related proprietary rights (including copyright) are owned solely by Garden Starters and its licensors, and are protected by Canadian and international copyright and other intellectual property laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content. All rights not expressly granted by these Terms and Conditions are reserved by Garden Starters.
Garden Starters’ logos are registered or unregistered trademarks and service marks owned or licensed by Garden Starters. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks or trade names.
- Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from Garden Starters, and Garden Starters has no responsibility or liability for or control over, Linked Sites or their business, goods, services or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk, and you will not make any claim against Garden Starters arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.
If you provide feedback, ideas, suggestions or other materials (including ideas for new advertising campaigns, new promotions, new or improved goods, products, services or technologies, product enhancements, processes, materials, marketing plans or new product names) to Garden Starters (“Submissions”) through this Website or otherwise, the Submissions are deemed to be non-confidential and you automatically grant (or warrant that the owner of the Submissions grants) to Garden Starters and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of us and our assigns.
Accordingly, please do not provide Garden Starters any Submissions unless you agree to the terms in this Section 16.
From time to time Garden Starters may make contests available to users of the Website and others. All contests are governed by these Terms and Conditions and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Terms and Conditions and the applicable Contest Rules.
- Electronic Communications
When you visit this Website or send an e-mail to us, you are communicating with us electronically. Our electronic communications will include a mechanism whereby you may opt-in to receive future electronic messages or, alternatively, unsubscribe to our electronic communications. However, if you send us an e-mail requesting information about our products and services, quotes or other information, we reserve the right to respond to you by e-mail. We may communicate generally with Website users by posting notices on this Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically with your consent, express or implied, satisfy any legal requirements that such communications be in writing.
- Prohibited Activities
You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
Links to the Website without the express written permission of Garden Starters are strictly prohibited. Garden Starters may in its discretion cancel and revoke any permission it may give to link to a Website at any time and without any notice or liability.
- Contact Us
If you are experiencing difficulties using the Website, or have any questions or concerns, please email us at: firstname.lastname@example.org. To reach us in writing: Garden Starters at 49259 Castleman Rd. Chilliwack BC, Canada, V2P 6H4.
GARDEN STARTERS DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY GARDEN STARTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
- Liability Exclusions/Limitations
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL GARDEN STARTERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE). IF NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS GARDEN STARTERS IS LIABLE TO YOU OR ANY OTHER PERSON RELATING TO THE WEBSITE OR ANY RELATED MATTER (INCLUDING YOUR USE OF THE WEBSITE), THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL GARDEN STARTERS’ TOTAL AGGREGATE LIABILITY EVER EXCEED, IN RESPECT OF ANY PARTICULAR CLAIM, THE AMOUNT YOU PAID TO US FOR THE PURCHASE OF GOODS RELATING TO SUCH CLAIM AND, IN AGGREGATE IN RESPECT OF ALL CLAIMS RELATING TO THIS WEBSITE, US, OUR PROVIDERS OR ANY PRODUCTS OFFERED OR PURCHASED, THE AMOUNT YOU PAID TO US FOR THE PURCHASE OF GOODS AT THIS WEBSITE IN THE PREVIOUS MONTH. THIS SECTION 22 APPLIES TO LOSS AND DAMAGE HOWEVER CAUSED AND TO LIABILITY UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STATUTE AND STRICT LIABILITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY GARDEN STARTERS OR ANY PERSON FOR WHOM GARDEN STARTERS IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS AND DAMAGE OR THE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, OR GARDEN STARTERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS OR DAMAGE BEING INCURRED. IN THIS SECTION, “GARDEN STARTERS” MEANS GARDEN STARTERS INTERNATIONAL INCORPORATED AND EACH OF ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND EACH PROVIDER AND ALL OF OUR OR THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE IMPROPER USE OF THIS WEBSITE BY YOU OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
- Changes to Websites / Termination of Use
If you breach these Terms and Conditions, you may no longer use the Website.
Notwithstanding any other provision of these Terms and Conditions, Garden Starters may in its discretion and for its sole convenience: (a) change, discontinue, modify, restrict, suspend or terminate the Website or any of its content at any time without any notice or liability to you or any other person; and (b) immediately suspend or terminate your permission to access and use the Website at any time without any notice or liability to you or any other person.
If your permission to use the Website is terminated for any reason, then these Terms and Conditions will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website.
- Governing Law and Disputes
These Terms and Conditions, your use of the Website and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
All disputes arising from, connected with or relating to these Terms and Conditions, your use of the Website or any related matter will be resolved before the Supreme Court of British Columbia sitting in the City of Vancouver, and you and Garden Starters each hereby irrevocably submit and adorn to the original and exclusive jurisdiction of that court in respect of all disputes, except that Garden Starters may in its discretion commence legal proceedings against you in the courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms and Conditions and protect Garden Starters’ rights in, to and associated with the Website and its content.
- Other Matters
No consent or waiver by Garden Starters to or of any breach of these Terms and Conditions by you will be effective unless in writing and signed by Garden Starters or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. Except as expressly set forth in these Terms and Conditions, Garden Starters’ rights and remedies under these Terms and Conditions are cumulative and not exhaustive or exclusive of any other rights or remedies to which Garden Starters may be lawfully entitled under these Terms and Conditions or at law, and Garden Starters will be entitled to pursue any and all of its rights and remedies concurrently, consecutively and alternatively. The provisions of these Terms and Conditions will endure to the benefit of and be binding upon you and Garden Starters and your respective successors and permitted assigns. If any provision of these Terms and Conditions is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms and Conditions and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms and Conditions would fail in its essential purpose. You will not assign, transfer, delegate, license, sub-license or grant these Terms and Conditions or your rights, duties and obligations under these Terms and Conditions without Garden Starters’ express prior written consent, which consent may be withheld in Garden Starters’ discretion. Garden Starters may, without your consent, assign these Terms and Conditions or any of Garden Starters’ rights, duties or obligations under these Terms and Conditions.
In these Terms and Conditions: (a) a reference to “Terms and Conditions” and other similar terms refers to these Terms and Conditions as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only and do not define, limit or enlarge the scope or meaning of these Terms and Conditions or any of its provisions; (c) “persons” includes individuals, corporations, partnerships, joint ventures, associations, trusts, unincorporated organizations, societies and all other legal entities; (d) words importing the singular number only include the plural and vice versa; (e) words importing a gender include both genders; (f) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (g) “law” includes common law, equity, statutes, regulations, ordinances and orders in council, and reference to a specific law includes all regulations, and ordinances and orders in council and mandatory guidelines and directives made or issued under the law; and (h) “discretion” or any variation thereof used with respect to a party mean that party’s sole, absolute and unfettered discretion.
These Terms and Conditions set forth the entire agreement between you and Garden Starters regarding your use of the Website. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Garden Starters regarding the Website.
You and Garden Starters have each expressly requested and required that these Terms and Conditions be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.