Terms and Conditions

 

User Terms and Conditions

The Terms and Conditions below are effective for all users

Last Updated on November 5, 2018

Bright Leap, Inc., doing business as horticure


horticure (“horticure,” “we,” “us,” or “our”), operated by Bright Leap, Inc., a company organized under the Laws of the State of New York, doing business as horticure, welcomes you.  We provide you access to our products and services through www.horticure.com (the “Service”) subject to the following Terms and Conditions (“Terms”, “Terms and Conditions”), which may be updated by us from time to time without notice to you.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

COMMUNICATIONS

You agree that horticure may contact you by email in connection with your service request, including for marketing purposes. You also understand that you may opt out of receiving email messages at any time by contacting us at the email address below. If you do not choose to opt out, horticure may contact you as outlined in its Privacy Policy.

ACCOUNTS

In order to use certain features of the Service, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Service. We may suspend or terminate your Account in accordance with the section entitled “Termination.” You agree not to create an account or use our Service if you have been previously removed by horticure, or if you have been previously barred from the Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security, and further agree that horticure shall not be liable for any loss or damage arising from your failure to comply with the above requirements.

THE SERVICE

horticure provides a platform through which users may review and choose offered our Services, pick appointment dates and times for the plant specialist service, and pay for the appointment. The plant specialist service is completed at the appointment by a third-party plant care professional (“plant specialist”). By requesting our Services through our platform, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. The Service, which enables users to arrange and schedule logistics and/or delivery of services and/or to purchase certain goods, including with third party providers of such services and goods (“Third Party Providers”), is made available solely for your personal, non-commercial use.

TERMINATION

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

FEES AND PAYMENTS

We charge a flat fees for every service ordered, as detailed in the website. We reserve the right to change our fees at any time without notice prior to each booking confirmation.  As consideration for any purchase you make on the service, you shall pay horticure all applicable fees and taxes. You may cancel any appointment in accordance with our cancellation policy. We reserve the right to cancel our free Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free Plant Specialist Service.

Our third-party payment processor, Stripe, shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the purchase price, transaction fees, and applicable taxes, and you hereby consent to the same.  All payments will be charged and made in local currency. By purchasing any Service, you agree to Stripe’s terms of service and privacy policy, which can be found here: https://stripe.com/us/terms and https://stripe.com/us/privacy.

You must provide current, complete, and accurate billing and credit card information.  You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).  You hereby authorize horticure to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand.  You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details. Offline or cash payments (not including gratuity payments) are a violation of our Terms of Service, and can result in discontinuation of horticure services.

PROMOTIONAL CODES

We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Service, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or Plant Specialist Service appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through official horticure communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.

TRAVEL SERVICES: LOST KEY POLICY

In the case of lost customer keys held by a third-party plant care professional (“Plant Specialist”), we first require the Plant Specialist to alert the customer immediately, in case the customer has spare keys to enable continued access and service for the duration of the booking period. The customer reserves the right to directly charge the Plant Specialist for replacement keys, up to a value of €30 (thirty Euro), after a horticure review of the situation and documentation by both parties. 

horticure follows-up via email with both the customer and Plant Specialist to discuss next steps—for example, if further documentation is needed. Once we’ve received sufficient information from both the customer and the Plant Specialist regarding the circumstances leading to the lost key, we’ll review all documentation, evaluate the payment request, and contact both parties after we’ve completed our investigation, within 14 working days.

RESERVATION OF RIGHTS

We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question or the provision of any referral credit was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account to purchase our Services, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the our Services.

YOUR RESPONSIBILITIES

As the recipient of our Services, you agree to assume certain responsibilities. When you purchase our Services, you agree to comply with any rules or requirements applicable to the Service purchased, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to: (a) refrain from, and prevent other individuals present in your household from any speech, conduct, or personal displays that a reasonable person would find offensive, intimidating, hostile, harassing, indecent or abusive while our Plant Specialists are present. If you have pets, you agree to confine all of your pets to a room where our Plant Specialists will not be working. We reserve the right to terminate or refuse our Services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a Plant Specialist feels unsafe or uncomfortable with his or her in-home work environment or conditions for any reason.

RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by horticure.

You may not assign these Terms without horticure’s prior written approval. horticure may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of horticure‘s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, horticure or any Third Party Provider as a result of this Agreement or use of the Service. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. horticure’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by horticure in writing.

You may not post to horticure’s social media or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:

  • is patently offensive;

  • harasses or advocates harassment of another person;

  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;

  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;

  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

  • solicits passwords or personal identifying information from other Account holders;

  • involves commercial activities and/or sales without horticure’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;

  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;

  • denigrates, ridicules, or demeans another person; or

  • contains a virus or other harmful component.

With respect to any User Content submitted by you to horticure’s social media accounts, you hereby represent and warrant to horticure that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage horticure or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. horticure reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.

You agree that you will be solely responsible and liable for, and will indemnify horticure and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights. horticure reserves the right to remove any content for any reason.

LINKS TO EXTERNAL SITES

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless horticure and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; or b) a breach of these Terms.

NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

COMPLIANCE WITH APPLICABLE LAWS

The Website is based in the United States and the Service is currently available in Germany.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States or Germany.  If you access the Website or the Content from outside of the United States or Germany, you do so at your own risk. Whether inside or outside of the United States or Germany, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CONTACT US

If you have any questions about these Terms, please contact us at: hello@horticure.com with “Terms and Conditions” in the subject line.