Website Terms of Use

These Terms and Conditions of use (the “Terms of Use”) apply to the Grow Yours website located at www.growyours.nz (the “Site”). The Site is the property of Mode Living Ltd, trading as Grow Yours (“Grow Yours”).

By Using the Site, you agree to these terms of use; If you do not agree, do not use the site.

Grow Yours reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Grow Yours grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

New Zealand Products and Services

The information contained on the Site has been prepared under New Zealand law for the supply of these products and services in New Zealand only.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Grow Yours, and is protected by copyright, trademark laws, and various other intellectual property rights. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Grow Yours’ express prior written consent.

You may use information on Grow Yours products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Grow Yours for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

While we will make every effort to ensure that the information contained on this Site is complete and accurate, we do not represent or warrant the accuracy or completeness of any information on the Site, or that this information if suitable for your intended use. Grow Yours will endeavor to keep this Site as up-to-date as possible, however all information contained on the Site is subject to change, including product availability and pricing.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means that are not purposely made available through the Site. Grow Yours reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Grow Yours server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Grow Yours, including any Grow Yours account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or other means to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Grow Yours or others.

You agree that Grow Yours may, in its sole discretion and without prior notice, terminate your access to the Site, for causes which include (but is not limited to) (1) a request by you (self-initiated account deletions), (2) requests by law enforcement or other government agencies, (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

Purchases – Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Grow Yours’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Grow Yours may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

Grow Yours Terms of Trade also govern and apply to your use of this Site, and they are incorporated herein by this reference. To view Grow Yours’ Terms and Conditions of Trade, click here.

Any additional terms and conditions may be changed from time to time, and are effective immediately upon posting such changes on the Site.

Accounts, Passwords and Security

You may need to open an account to use certain features or services offered on or through the Site.

You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Grow Yours immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Grow Yours or any other user of or visitor to the Site due to someone else using your account ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s account ID, password or account at any time without the express permission and consent of the holder of that account ID, password or account. Grow Yours cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

By accessing and using this Site, you agree to the terms of our Privacy Policy, and its terms are made a part of these Terms of Use by this reference. To view Grow Yours’ Privacy Policy, click here.

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that it is possible any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other websites

The Site may contain links to other websites operated by third parties which are not monitored by Grow Yours (“Third Party websites”).

These Third Party websites are provided solely as a convenience to our visitors. Grow Yours does not endorse the information, material or graphics on any Third Party websites. Grow Yours accepts no responsibility for any information contained on Third Party websites. You understand that you will need to make your own independent judgment regarding your interaction with Third Party websites.

Link to the Grow Yours website

Please do not create a link to any of the pages on the Grow Yours website without the prior written permission of Grow Yours.

Disclaimers

REASONABLE EFFORTS ARE TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF INFORMATION AND RELATED CONTENT PROVIDED BY GROW YOURS ON THE SITE. NEVERTHELESS, GROW YOURS DOES NOT GUARANTY, WARRANT OR PROMISE THAT ANY GROW YOURS PROPERTY, THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE FREE OF ANY DEFECTS OR ERRORS OR WILL BE AVAILABLE AT ALL TIMES AND UNINTERRUPTED, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GROW YOURS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, CORRECT, RELIABLE, USEFUL FOR YOUR PARTICULAR PURPOSE, SECURE, FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GROW YOURS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GROW YOURS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, ANY GROW YOURS PROPERTY AND/OR ANY GROW YOURS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF GROW YOURS PROPERTIES, THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST GROW YOURS FOR DISSATISFACTION WITH ANY GROW YOURS PROPERTY, THE SITE OR ANY CONTENT IS TO STOP USING THE GROW YOURS PROPERTY, THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

This Site may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Grow Yours cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

Grow Yours reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

No advice or information, whether oral or written, obtained by you from Grow Yours or in any manner from the Site creates any warranty.

Limitation of Liability

Except where prohibited by law, in no event will Grow Yours be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Grow Yours has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold Grow Yours, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Grow Yours by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Grow Yours may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Grow Yours’ rights or property, or the rights or property of visitors to or users of the Site, including Grow Yours’ customers. Grow Yours reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Grow Yours also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Grow Yours may preserve any transmittal or communication by you with Grow Yours through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Grow Yours determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Grow Yours, its employees, users of or visitors to the Site, and the public.

You agree that Grow Yours may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Grow Yours. You also agree that monetary damages would be inadequate for such harm, and you consent to Grow Yours obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Grow Yours may have at law or in equity.

If Grow Yours does take any legal action against you as a result of your violation of these Terms of Use, Grow Yours will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Grow Yours. You agree that Grow Yours will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law and Dispute Resolution

This Site is governed by, and is to be interpreted consistently with, New Zealand law.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of New Zealand. You agree to the personal jurisdiction by and venue in the courts in Auckland City, New Zealand, and waive any objection to such jurisdiction or venue.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between Grow Yours and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Last Updated: 31/05/2019.