Last updated on August 8, 2019
Plant&Co Brands LTD. (“Plant&Co Brands LTD,” “we“, “our” or “us“), a British Columbia corporation, terms of service (the “Agreement” or the “Terms“) are a legal agreement between you (“you,” “your“) and Plant&Co Brands LTD.
Our website, Plantandco.com, (the “Website”) enables you to receive Services, as defined below, online in a fast and convenient way. By utilizing the Website, you become subject to these Terms. Please read these Terms carefully before using the Website. By accessing or using the Website, you explicitly agree to comply with and be bound by the Terms and all terms, policies and guidelines incorporated by reference herein. If you do not agree to all provisions of these Terms, do not use the Website. The Website is for your own use only. You must be the age of majority in your jurisdiction of residency to use our Website.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Plant&Co Brands LTD or its affiliates or subsidiaries for products, Website or otherwise. Also, these Terms are in addition to the end user license agreement for any website we may provide.
Plant&Co Brands LTD reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline relating to the Website, at any time and in its sole discretion. If you do not agree with the changes, you can cancel and/or delete your account with us without further obligation or cease to use the Website. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions through the Website, and your continued use of the Website after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Website.
AVAILABILITY OF SERVICES Plant&Co Brands LTD reserves the right to suspend any Service or offering at any time for a duration determined by Plant&Co Brands LTD.
WARRANTY INFORMATION Plant&Co Brands LTD does not warrant that the quality of any Service, information, or other material obtained by you through the Website will meet your expectations. The Website is provided by Plant&Co Brands LTD on an “as is” and “as available” basis. Plant&Co Brands LTD makes no representations or warranties of any kind, express or implied, as to the operation of this site, or the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk.
OPINIONS AND CONTENT Information included in the Website may be provided by third parties. The comments and opinions expressed in information found in the Website are those of the authors who provided them. They do not necessarily represent the views of Plant&Co Brands LTD, its management or employees or its affiliates nor does Plant&Co Brands LTD or its affiliates endorse said comments and opinions.
(a) You may not use the Website to do or share anything:
• That is unlawful, misleading, discriminatory or fraudulent.
• That infringes or violates someone else’s rights.
(b) You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of the Website.
(c) You may not access or collect data from the Website using automated means (without our prior permission) or attempt to access data you do not have permission to access.We can remove content you share in violation of these provisions and, if applicable, we may take action against your account. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
OWNERSHIP AND COPYRIGHT Except as otherwise indicated, the Website, and all text, images, marks, logos and other content contained in or communicated using the Website, including, without limitation, the Plant&Co Brands LTD logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Content“) are the property of Plant&Co Brands LTD or its subsidiaries or licensors and are protected by Canadian and international copyright laws. All rights to the Content are expressly reserved. Nothing contained in the Website may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Plant&Co Brands LTD or any third party without the prior written permission of Plant&Co Brands LTD or such other party that may own such patent, trademark, copyright or other proprietary right(s). Any reproduction, exploitation or use, whether in Canada or abroad, of all or part of the Website for professional use (on whatever basis, even partially) or duplication on any media, website, free, paid or commercial blogs, is forbidden unless prior consent has been given by Plant&Co Brands LTD.
TRADEMARKS Plant&Co Brands LTD, its logo and all other product or service names or slogans displayed on or communicated through the Website are registered and/or common law trademarks of Plant&Co Brands LTD and/or its subsidiaries, suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Plant&Co Brands LTD or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Plant&Co Brands LTD and may not be copied, imitated or used, in whole or in part, without the prior written permission of Plant&Co Brands LTD. All other trademarks, registered trademarks, product names and company names or logos displayed on or communicated through the Website are the property of their respective owners. Reference to any products, services, website, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Plant&Co Brands LTD.
LIMITED LICENSE TO THE CONTENT Plant&Co Brands LTD grants you a limited, non-sublicensable license to access and make personal use of the Website and to view portions of the content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view portions of the content for your own information in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Website or the content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Website or the content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Website or any content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Website or content without the prior written permission of Plant&Co Brands LTD is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason.Any such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.You represent and warrant that your use of the Website and the content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law. You expressly agree to indemnify Plant&Co Brands LTD against any liability to any person arising out of your use of content not in accordance with these Terms.To request permission for uses of content not included in the foregoing license, you may contact Plant&Co Brands LTD at the address set out at the bottom of these Terms.
ADVERTISEMENTS AND PROMOTIONS Plant&Co Brands LTD may run advertisements and promotions from third parties on the Website. Your business dealings or correspondence with, or participation in promotions of, parties other than Plant&Co Brands LTD, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Plant&Co Brands LTD is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
REGISTRATION DATA AND ACCOUNT SECURITY You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data“); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Plant&Co Brands LTD, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Plant&Co Brands LTD. We are not responsible for any loss you suffer as a result of not keeping your Registration Data current.
LIMITATIONS OF LIABILITY YOU SPECIFICALLY AGREE THAT PLANT&CO BRANDS LTD SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. YOU SPECIFICALLY AGREE THAT PLANT&CO BRANDS LTD IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.IN NO EVENT SHALL PLANT&CO BRANDS LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) LOSS OF ENJOYMENT, (5) INJURY OR DEATH, (6) AND ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT PLANT&CO BRANDS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. PLANT&CO BRANDS LTD’S MAXIMUM LIABILITY FOR ANY CAUSE OF ACTION WILL BE $100 CAD.
APPLICABLE LAW AND VENUE The Website (excluding Third-Party Sites) are controlled by Plant&Co Brands LTD and operated by it from its offices in Ontario. While Plant&Co Brands LTD has made no effort to publish the Website other than in certain Provinces of Canada, the Site is accessible elsewhere.You and Plant&Co Brands LTD explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.You agree that all claims will be heard and resolved in a court of competent subject matter jurisdiction located in Vancouver, British Columbia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.If you choose to access the Website from locations other than British Columbia, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Plant&Co Brands LTD for your failure to comply with any such laws.
MISCELLANEOUS If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Plant&Co Brands LTD may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Plant&Co Brands LTD, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Plant&Co Brands LTD regarding your use of the Website, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Plant&Co Brands LTD regarding your use of the Website.
QUESTIONS AND COMMENTS If you have any questions regarding these Terms or your use of the Website, please submit a support