What Personal Data we Collect

 
What personal data does SmartPlant collect about me?
 

It is very important to us that you understand what personal data we collect about you, how we collect it, and why it’s necessary.

 

We collect your personal data in the following ways:

1. Personal data collected when you sign up for the SmartPlant Service - when you sign up to the SmartPlant Service, we collect certain personal data so you can use the SmartPlant Service.

 

2. Personal data collected through your use of the SmartPlant Service - when you use the SmartPlant Service, we collect personal data about your use of the SmartPlant Service such as what plants you have and what plants you are interested in.

3. Personal data collected that enables us to provide you with additional features/functionality - from time to time, you may also provide us with additional personal data or give us permission to collect personal data e.g. to provide you with more features or functionality. These are the Voluntary Mobile Data, Payment Data, Contests, Surveys and Sweepstakes Data, and Marketing Data categories. You will always have the option to change your mind and withdraw your permission at any time.

Why we Collect Personal

Why does SmartPlant collect and use this personal data?

We collect and use your personal data for the following reasons:

•to provide, personalize, and improve your experience with the SmartPlant Service and other services and products provided by SmartPlant;

•to understand how you access and use the SmartPlant Service to ensure technical functionality of the Service, develop new products and services, and analyze your use of the SmartPlant Service;

•to communicate with you for SmartPlant Service-related purposes;

•to process your payment to prevent or detect fraud, including fraudulent payments and fraudulent use of the SmartPlant Service;

•to communicate with you, either directly or through one of our partners, for:

marketing, research, participation in contests, surveys and sweepstakes,promotional purposes, via emails, notifications, or other messages, consistent with any permissions you may have given us; to provide you with features, information, advertising, or other content which is based on your specific location; and for other legitimate business purposes as explained in the Privacy Policy.

How we Protect your Personal Data

 
How does SmartPlant protect my personal data?

 

We are committed to protecting our users’ personal data. We implement appropriate technical and organizational measures to help protect the security of your personal data; however, please note that no system is ever completely secure. 

Your password protects your user account, so we encourage you to use a unique and strong password, limit access to your computer and browser, and log out after having used the SmartPlant Service.

Questions

Questions?

If you have questions about your privacy, our Privacy Policy, information we have about you, or your rights and how to exercise them, please contact us.

Affiliate Terms & Conditions

Smart Plant Home Ambassadors - Affiliate Terms & Conditions
 

SMART PLANT HOME AFFILIATE TERMS AND CONDITIONS

 

The AFFILIATE PROGRAM TERMS AND CONDITIONS (the “Agreement”) set forth the terms of participation in the Affiliation Program of Green Chip Tech, Inc., Smart Plant Home (together with its affiliated companies (“SPH ” or “we”). A participant in the SPH Ambassador Affiliation Program is hereinafter referred to as “Affiliate” or “you”.

 

1. General

 

1.1    This agreement contains the terms and conditions that apply to affiliate’s participation in the SPH Ambassador Affiliate program (the “program” or “affiliate program”). Carefully read these terms and conditions, which represent a legally binding agreement between SPH and you. You must agree and accept the terms of this agreement in order to become an SPH affiliate.

 

1.2    By clicking “I Agree” box on the application, you agree to sign up to be an affiliate and certify that (a) you have read this agreement and understand all of its content; and (b) you agree to be bound by all terms and conditions of this agreement, including without limitation, all documents, policies and procedures incorporated herein by reference and any possible future amendment thereof or additions there to; and (c) you have no conflict or other restriction in entering or performing this agreement or any part thereof, including receipt of all the applicable approvals required under the applicable law for the performance of this agreement by you.

 

1.3    Violation of any of the terms of this agreement or any other document incorporated into this agreement by reference will result in the immediate termination of your participation in the program, without any need to inform you in writing, and for forfeiture of any outstanding affiliate fee payments earned during the violation. 

 

2. Definitions

 

For purposes of this Agreement, the following terms shall mean:

2.1    “Ad(s)” means anchor text, banners, button links, text links, or other graphic devices that SPH makes available to Affiliate and that is used for linking from the Affiliate Site to SPH Site.

 

2.2    “Affiliate Application” means the application submitted by an Affiliate to participate in the Program, as contained in the SPH Site.

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2.3    “Affiliate Site” means websites owned, controlled or used by Affiliate, on which the Affiliate will place Designated Links to any SPH Site.

2.4    “Affiliation Term” the term of the activity of an Affiliate as a participant in the Program commencing upon approval of Affiliate’s participation and ending according to the provisions of Section ‎12 below.

2.5    “Affiliation Transaction” means a purchase by a Referred User (referred to SPH through Affiliate’s Tracking Codes, designated URL ) of a SPH Premium Subscription.

2.6    "Affiliation Transactions Per Month” means the aggregate number of Affiliation Transactions during each calendar month.

2.7    “Content Restrictions” has the meaning ascribed to it in Section 3.3 herein.

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2.8    "Designated Links" means links to the SPH Site, which are placed on the Affiliate's Site  (which includes but is not limited to sites, emails social media and other) pursuant to SPH instructions and which properly use a specially tagged URL link containing a Tracking Code the format of which is provided by SPH.

2.9    “Fraud Traffic” means any deposits or traffic generated at the Affiliate Site(s) and/or via the Affiliate’s activity through illegal means or in bad faith or with the intent to defraud SPH, regardless of whether or not it actually causes harm to SPH. Fraud Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate Fees, directly or indirectly, with Users, and any other unauthorized use of any third party accounts, copyrights or trademarks.

2.10    “Intellectual Property Rights” means copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.

2.11    “License” has the meaning ascribed to it in Section ‎4.3 herein.

2.12    “Minimum Transaction Requirement” means the number of Affiliate Transactions Per Month that is defined by SPH as the minimal number of Affiliation Transactions each Affiliate is required to achieve in order to continue participation in the Affiliation Program.

2.13   “Opt Out Request” has the meaning ascribed to it in Section 5.3 herein.

2.14     “Referral Fees Plan” means an Affiliate compensation plan where Affiliate shall be paid for Premium Referred Users referred by him/it pursuant to this Agreement, in accordance with the Fees specified Referral Fee Schedule.

2.15    “Referred User” means a user that upgraded to a premium account in SPH Site for the first time, through Affiliate’s Tracking Codes from Affiliate Site, email, or other communications.

2.16    “Special Sale Terms” means such special discounts or other special benefits which SPH may determine to apply to certain Premium Package offers, excluding however any individual coupons used by Referred Users.

2.17    “Tracking Code(s)” means specific unique code(s) that SPH will provide the Affiliate to track the traffic and users which arrive via the Affiliate activity (including but not limited, from the Affiliate Site). This Tracking code will be embedded within the Designated Links  (URLs) to be used by the Affiliate in creating links to SPH Site. 

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2.18    “SPH Marks” means, without limitations, SPH trademarks, service marks, trade dress, trade names, corporate name, logos and any other distinctive brand features used in or related to SPH’s business.

2.19    “Premium Subscription” or “SPH Premium Package” means any of the subscriptions offered by SPH in the SPH Site, as may be updated and/or modified from time to time by SPH. Charged package which: (i) was either cancelled within fourteen (14) calendar days from the day it was purchased; or (ii) was refunded in accordance with SPH refund policies or the applicable law, as may be from time to time; or (iii) was not duly and fully paid by Referred User(s), will not be considered as a Premium Subscription.

2.20    “SPH Site” means  and/or any other website as may be added by the SPH, in its sole and absolute discretion, from time to time.

 

3. How to Join the Program

 

3.1      To begin the enrollment process, complete  and submit an Affiliate Application via SPH Site. Affiliate must provide full, true and accurate information in the Affiliate Application. SPH will evaluate Affiliate’s Application in good faith and may notify him/her/it of its acceptance or rejection within approximately one week or five business days. Unless prospective Affiliate received a clear written notice from SPH confirming his participation in the Program, it shall not be deemed to be part of the Program.

3.2    SPH may reject Affiliate Application if SPH determines, in SPH’s sole discretion, that the Affiliate Site or activities are unsuitable for the Program for any reason. If SPH accepts Affiliate Application and thereafter the Affiliate Site or activity is determined (in SPH’s sole discretion) to be unsuitable for the Program, SPH may terminate the Affiliate’s participation in the Program at any time.

3.3    Unsuitable Affiliate Sites or activities may include, but not be limited to, sites that do not generate sufficient volume of visitors, sites containing or activities related to illegal, offensive, abusing, infringing content, or which incorporate images or content that is, in any way, unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, including without limitation, sites or activities that: promote violence;  promote gambling; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights of any third party or of SPH , or are directed towards children under 13 years of age (collectively, “Content Restrictions”).

3.4    SPH shall not be required to provide any explanation to its rejection of any prospective Affiliate.

3.5    Once accepted to the Program, Affiliate hereby agrees to SPH: (a) sending from time to time to Affiliate emails and other communications regarding the Program, and (b) reviewing and monitoring the Affiliate Site to verify compliance with this Agreement.

 

4. Tracking Codes and Ads

 

4.1     To permit accurate tracking, reporting, and Referral Fee accrual, SPH will provide Affiliate with a specific Tracking Code. Affiliate must ensure that each of the links between its Affiliate Site and SPH Site properly utilizes the Tracking Codes provided to Affiliate.

 

4.2    Affiliate is not authorized to alter, modify or change any of the Tracking Codes. Affiliate will only earn payments in accordance with the Referral Fees Plan. SPH will not be held liable to the Affiliate with respect to any failure by Affiliate to use such Tracking Codes. SPH will not be responsible for errors which may occur in the tracking of transactions if the Affiliate has made or caused any such modification to the Tracking Code. For the avoidance of doubt, Affiliate will use the Tracking Code only for the purposes of the Program. Any other use of the Tracking Code will be considered void and subject to SPH sole discretion - shall be deemed as breaching this Agreement and will not entitle Affiliate to any Fee, which is based on such unauthorized use.

4.3    SPH hereby grants to Affiliate a non-exclusive, non-transferable, limited license to use the SPH Marks contained in the Affiliate Kit provided to Affiliate by SPH for the sole purpose of this Agreement (the “License”). SPH will provide Affiliate with the necessary information to allow Affiliate to make appropriate Ads. Furthermore, Affiliate may not modify any of the Ads in any way, whatsoever unless approved in advance and in writing by SPH. The License shall expire upon the expiration or termination of the Affiliation Term.

4.4    Affiliate shall display the Ads in good taste, adjacent to any with the first or most prominent use of such Ads in piece of advertising means, in which such Ads appear, subject to other requirements as SPH may from time to time impose and provide to Affiliate, including SPH trademark guidelines. Affiliate may not use the Ads and the SPH Marks contained therewith in a manner that, in SPH’s sole discretion, is disparaging or otherwise portrays SPH in a negative light. Affiliate shall have no other right, title or interest in or to the Ads and SPH Marks contained therewith other than as specified in the limited License granted herein.

4.5    AFFILIATE WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND MANNER OF ITS MARKETING ACTIVITIES. ALL MARKETING ACTIVITIES MUST BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.

4.6    SPH may at any time, without prior notice, require the Affiliate to remove or modify the Ads, or dynamically replace the SPH creative or text with creative or text suitable to SPH in SPH’s sole discretion.

4.7    As between Affiliate and SPH, SPH shall own all rights, title and interest, including all Intellectual Property Rights, in and to the SPH Site, the Program and SPH Marks.

4.8    Affiliate shall include in its Affiliate Site, in a prominent and easily accessible place, a disclosure conveying that Affiliate participates in Affiliation programs which may reward Affiliate with monetary compensation in connection with referral of Site visitors to advertisers and other third parties. Such disclosure shall be in compliance with all applicable laws, rules and regulations.  
 

5. E-mails and Publications

 

5.1    If Affiliate sends, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages (“Emails”) in connection, directly or indirectly, with this Agreement and/or the Program, then Affiliate agrees, acknowledges, represents and warrants that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and all other laws in the applicable the Affiliate and Affiliate Site and including, but not limited to, all European laws and Directives and the Federal Trade Commission regulations.

 

5.2    Affiliate agrees to not utilize SPAM in promoting SPH. SPH maintains a ZERO tolerance policy towards the sending of SPAM, including, but not limited to, unsolicited commercial E-mails This action may result in the immediate suspension or termination of Affiliate account with a cancellation of and possible forfeiture of any pending Fees. Affiliate will also be in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by SPH.

5.3    SPAM is defined as including, but not limited to, the following:

Send, initiate or procure the sending of an Email to any person who has either not explicitly requested to receive such messages (or has explicitly requested to receive no further Emails) specifically from Affiliate, including without limitation for the purposes of sending unsolicited bulk email, executing any “mass mailings” or “email blasts,” or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.

Employ any false or deceptive information regarding Affiliate’s identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Affiliate identity, and the intent, subject, and origin of the Email.

 

Exploit documented or undocumented security holes on any client or server machine.

 

Fail to (i) include clear, valid, and conspicuously displayed “From” and “Subject” lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from Affiliate (“Opt Out Request”) for no less than thirty (30) days from the date the Email was sent; or (iii) honor any Opt-out Request within ten (10) days of receipt of such Opt-out request by Affiliate.

 

Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.

 

Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.

 

Send any commercial marketing Email or promotion to, or collect any personally identifiable information from, any person who is under eighteen (18) years of age.

 

5.4      Affiliate may use Tracking Codes within Emails that Affiliate sends to registered users of the Affiliate Site.

6. Compliance with Law and Regulations; No conflict.

 

6.1    Affiliate shall comply with any and all applicable laws, regulations (including without limitation the Federal Trade Commission Endorsement Guides) and statutes  and laws of the United States or any other state, country or jurisdiction in which he acts, including without limitation, such that relate to advertising, dissemination of email, and/or electronic communications. It is Affiliate’s responsibility to be aware of all such regulations, statutes and laws.

 

6.2    Affiliate may only send Emails containing a Tracking Code and/or a message regarding SPH or SPH’s Program. Failure by Affiliate to abide by this Section 7, CAN-SPAM Act or COPPA, in any manner, will be deemed a material breach of this Agreement by Affiliate and foreclose any and all rights Affiliate may have to any Affiliate Fee.

 

7. Prohibition on Sponsored Links and other activities

 

7.1     Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link which uses or includes any of the SPH Marks.

7.2    Affiliate shall not register, procure, or use any internet domain name that includes any of the SPH Marks or any variations thereof.

7.3    Affiliate may not promote any Special Sales Terms offered by SPH.

7.4    Affiliate may not offer any person or entity any payments or incentives (like rebate, cashbacks, "paid to click" advertising or discounts) for using the Designated Links and/or converting a free SPH account into a Premium Subscription.

 

7.5    Affiliate may not record, redirect, read, or fill in on behalf of Referred User, the contents of any electronic form or other material submitted to SPH by any Referred User. Affiliate may not register any Referred User to the SPH Site or to any Premium Package, on behalf of such Referred User.

7.6    Affiliate shall not post Designated Links or other content promoting the SPH Site within any pop-up or pop-under windows. ​If Affiliate should post  Designated Links or other content promoting the SPH Site within any pop-up or pop-under windows that should result in any charge in anyway, SPH is not responsible for the charge or costs, any and all charges are the sole responsibility of the Affiliate. 

7.7    Affiliate shall not use cookie stuffing techniques that set the Affiliate tracking cookie without the Referred User's knowledge (e.g. iframing).

7.8    Affiliate is prohibited from making inaccurate, deceptive or otherwise misleading claims about SPH and the SPH services. In addition, Affiliate is prohibited from (i) taking any action that may cause Affiliate Site's visitors to confuse between the Affiliate and SPH; or (ii) misrepresenting the relationship between Affiliate and SPH. For the avoidance of doubt, Affiliate may not claim that SPH endorses supports and/or sponsors the Affiliate Site.

 

8. Referral Fees.

 

8.1    Subject to section ‎8.5, for every new SPH Premium Subscriber purchased by a Referred User through Affiliate’s Tracking Codes and Designated Links via the first "click through" (as described below), but prior to the conclusion of the Affiliate Term and subject to the compliance of the Affiliate with the provisions of this Agreement (a "Qualified Purchase"), Affiliate shall be entitled to receive Affiliate Fees in according with the Referral Fees Plan stated in the Referral Fee Schedule for such Affiliate.

8.2    Notwithstanding the foregoing Section ‎9.1 in the event that a Qualified Purchase is made, and such purchase is subject to Special Sale Terms, the Affiliate Fees payable to Affiliate (if any) shall be subject to and reduced in accordance with the discount or other special benefits applicable to the Premium Package under the Special Sale Terms.

8.3    During the Term of this Agreement, SPH shall keep track of any Referred User by attaching such Referred User a Tracking Code which shall be kept for a period of thirty (30) days, provided that such period is within the Affiliation Term. If within such period the Referred User has not registered as a Premium Referred User, then the Affiliate will not be entitled to any Affiliate Fees with respect to such user, even if at a later time such Referred User will perform such actions as determined under the applicable Conversion Requirements.

8.4    SPH is entitled to grant additional rewards to any of its Affiliates at SPH’s sole discretion.

8.5    It is hereby clarified that Referral Fees are payable to an eligible Affiliate only for a first Qualified Purchase made by a respective Referred User. The Referral Fee shall not apply on any renewals, trial versions (if applicable), second purchase or otherwise.

8.6    Affiliate will only earn payments in accordance with the Referral Fees Plan.



 

9. Affiliate Fee Payment and Reporting.

 

9.1    SPH will generate monthly reports summarizing the sales activity of the Referred Users as relevant and necessary for purposes of calculating each Affiliate’s Fee in the preceding month, which will be available to Affiliate (the “Monthly Report”). The form, content and frequency of the Monthly Reports may be revised as determined by SPH at its sole discretion and as may be updated from time to time. 

9.2    Affiliate Fees will be payable within approximately sixty days (60) days following the end of each calendar month (“Payment Day”).

9.4    SPH will pay Affiliate Fees on Tracking Codes that are automatically tracked by SPH affiliation system and reported. SPH will not pay Affiliate Fees unless the Tracking Code is tracked by SPH affiliation system and reported.

9.5    All payments of the Affiliate Fees will be due and payable in United States Dollars only, except as otherwise determined by SPH in its sole discretion. 

9.6    In the event of any activity deemed suspicious by SPH at its sole determination, SPH may delay payment of the Affiliate Fees to Affiliate for up to sixty (60) days to verify the relevant transactions and in the event that SPH determines the activity to constitute Fraud Traffic, it shall recalculate or withhold the Affiliate Fees accordingly and in its sole discretion. It is hereby clarified that in any event that SPH shall determine that Affiliate has acted in violation of this Agreement or is involved, directly or indirectly, in any fraudulent, deceptive, manipulative or otherwise illegal activity connected to SPH, including without limitation to the SPH Site, Tracking Codes and/or Users, SPH shall have the right, in addition to any other right or remedy available to it under this Agreement or applicable law, to render the Tracking Codes assigned to such Affiliate inoperative, and immediately block Affiliate access to the Program, with no compensation to Affiliate. Affiliate hereby irrevocably waives any claim or demand against SPH, its directors, officers, shareholders or employees in respect of such action taken by SPH.

9.7    The Affiliate is responsible for the payment of all taxes applicable. 

9.8    If any excess payment has been made to the Affiliate, SPH reserves the right to adjust or offset the excess amount against any subsequent fees payable to Affiliate.

 

10. SPH Transactions Processing Services Policies and Pricing.

 

10.1    SPH will process transactions placed by Users who used the Tracking Codes from the Affiliate Site to SPH Site.

10.2    SPH reserves the right to reject transactions that do not comply with any certain reasonable requirements that SPH may periodically establish.

10.3    SPH will be responsible for all aspects of transactions processing and fulfillment.

SPH will track purchases generated by Users referred through the Affiliate Site. To permit accurate tracking, reporting, and Affiliate Fees accrual, the Affiliate shall ensure that Tracking Codes are properly formatted. SPH will not be responsible for improperly formatted Tracking Codes.

 

10.4    SPH may change the pricing, policies and operating procedures at any time consistent with applicable laws. For example, SPH will determine the prices to be charged for services in accordance with SPH’s own pricing policies. In the event that such changes affect items that Affiliate already has presented on the Affiliate Site, the Ads or any other information provided by Affiliate to third parties in respect with this Agreement and its participation in the Program, Affiliate must track such changes and reflect them in the Affiliate Site or in any other relevant marketing means.

 

11. Affiliation Term and Termination.

 

11.1    The term of Affiliate’s participation in the Program shall commence upon SPH’s acceptance of the Affiliate Application and shall end upon provision of a termination notice by either party in accordance with the provisions of this Section 12 (the “Affiliation Term”).

11.2    Either party may terminate Affiliation Term as for its own participation in the Program at any time, with or without cause.

11.3    Subject to Section ‎11.4 herein, termination of the Affiliation Term will result in the deactivation or deletion of the Affiliate’s account or its access to the Affiliate account in the SPH Site, and the forfeiture and relinquishment of all potential or to-be-paid Affiliate Fees in the Affiliate account.

11.4    Subject to the provisions of Section ‎10 above, and except as stated otherwise, upon termination of the Affiliation Term, Affiliate will be entitled to receive Affiliate Fees for Premium Referred User accrued during the Term of this Agreement.

11.5    In the event of a material breach of this Agreement by Affiliate, SPH may, at its sole and absolute discretion, terminate the Affiliation Term immediately, without prior notification, and the Affiliate will not be entitled to receive any unpaid Affiliate Fees, which accrued prior to such termination.

11.6    Upon the termination of the Affiliation Term for any reason, Affiliate shall promptly remove all Tracking Codes, Ads and other Program related content from Affiliate Site or any other communication means used by the Affiliate. Affiliate will immediately cease use of, and remove from Affiliate Site, all links to SPH Site, and all of SPH Marks, and all other materials provided by or on behalf of SPH to the Affiliate pursuant here to or in connection with the Program.

11.7    Sections ‎2, ‎4.5, and Sections ‎12‎ through ‎19 of this Agreement and any other provisions that by their express terms do, or by their nature should survive termination of Affiliation Term, shall continue to be in force despite the termination of the Affiliation Term.

 

12. Confidentiality

 

12.1    SPH may disclose to Affiliate certain information as a result of Affiliate’s participation in the Program, which information we consider to be confidential (herein referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to ((i) any modifications to the terms and provisions of the Program made specifically for the Affiliate or Affiliate Site and not generally available to other affiliates of the Program; (ii) price guidelines, future service releases, trade secrets, know-how, inventions, processes, programs, schematics, data, pricing and discount schedules, customer lists, financial information and sales and marketing plans relating to SPH or SPH’s services. Confidential Information shall also include any information that SPH designate as confidential during the term of this Agreement. Confidential Information shall not include information which is: (a) previously known to the other party without obligation of confidence or without breach of this Agreement; (b) which is publicly disclosed (other than by the Affiliate) either prior or subsequent to the Affiliate’s receipt of such information; (c) required to be disclosed by the other party by law or by the order of a court or similar judicial or administrative body.

12.2     Affiliate shall at all times, both during the Term and at all times thereafter, keep and hold such Confidential Information in the strictest confidence, and shall not use such Confidential Information for any purpose other than as may be reasonably necessary for the performance of its duties pursuant to this Agreement, without SPH’s prior written consent.

 

13. General Provisions, Responsibilities of the Affiliate, Representations and Warranties.

 

13.1     In order to use our services, there are certain obligations and conditions you need to meet.

 

13.2    Affiliate hereby warrants and represents that he/she is over the age of eighteen (18) and in all respects Affiliate is qualified and competent to enter into this Agreement.

13.3    Affiliate will provide accurate and complete details regarding his/its identity and personal details such as: bank account, wiring instruction, address or other required information.

13.4    Affiliate will be solely responsible for the development, operation, and maintenance of Affiliate Site and Affiliate’s activities and for all materials related thereto. Affiliate will indemnify and hold SPH harmless from all claims, damages and expenses incurred by SPH due to any third party claims relating to the development, operation, maintenance, manner and contents of the Affiliate Site or activities.

13.5    In the event that any entity (including any employee, agent, subcontractor or representative of Affiliate (each, an “Affiliate Agent”) participates in the Program or otherwise acts on behalf of Affiliate with respect thereto, Affiliate shall ensure that such Affiliate Agent fully complies with the terms of this Agreement, and Affiliate shall be fully liable for any act or omission of such Affiliate Agent.

13.6    Affiliate hereby represents and warrants to SPH that materials posted on his/its Affiliate Site do not violate or infringe upon the rights of any third party, and that materials posted on his/its Affiliate Site are not libelous or otherwise illegal nor may cause Affiliate to violate any of its representations and obligations under this Agreement. SPH disclaim all liability for all such matters.

13.7    As a condition to Affiliate’s participation in the Program, he/it is hereby represents and warrants that during the Term of this Agreement, Affiliate will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority as applicable to Affiliate, whether those laws are now in effect or later come into effect during the Term of this Agreement.

13.8    This Agreement has been duly and validly executed and delivered by Affiliate (by acceptance of its terms) and constitutes Affiliate’s legal, valid, and binding obligation, enforceable against Affiliate in accordance with the terms contained herein.

13.9    The execution, delivery, and the performance by Affiliate of duties pursuant to this Agreement will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate: any provision of law, rule, or regulation to the extent applicable; any order, judgment, or decree applicable or binding upon Affiliate’s assets or properties; any provision of Affiliate’s by-laws or certificate of incorporation, or any agreement or other instrument applicable to Affiliate or binding upon Affiliates assets or properties.

13.0    No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by Affiliate in connection with the execution, delivery, and performance of this Agreement or the taking by Affiliate of any other action hereunder.

13.11    To the best of Affiliate’s knowledge, there is no pending threatened claim, action, or proceeding against him/it, or any affiliate thereof, with respect to the execution, delivery, or consummation of this Agreement, or with respect to any intellectual property infringement, and, to the best of your knowledge, there is no basis for any such claim, action or proceeding.

13.12    Affiliate understands that SPH may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate sites that are similar to or compete with the Affiliate Site.

13.13    SPH has the right, in SPH’s sole discretion, to monitor Affiliate Site at any time and from time to time to determine if the Affiliate is in compliance with the terms of this Agreement. Any deviations from the guidelines and treatment described in this Agreement must be approved in advance and in writing by SPH.

14 Relationship of Parties

 

14.1    SPH and Affiliate are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

14.2    Affiliate will have no authority to make or accept any offers or representations on SPH’s behalf. Affiliate will not make any statement, whether on its/his Affiliate Site or otherwise, that reasonably would contradict anything in this Agreement.

 

15. Disclaimers

 

15.1    SPH MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AGREEMENT, THE PROGRAM AND THE INFORMATION TO BE DELIVERED PURSUANT HERETO. INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, TRADE USAGE OR FITNESS FOR A PARTICULAR PURPOSE.

15.2    SPH MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND ON SPH’S SITE. THE MATERIALS ON SPH’S SITE AND FOR THE AFFILIATED SITES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. SPH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SPH’S SITES. ANY OF THE INFORMATION OFFERED ON SPH’S SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.

15.3    Should the materials or services provided prove defective and/or cause any damage to equipment or any loss or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes the entire cost and responsibility for them.

15.4    Affiliate will indemnify and hold harmless SPH, its subsidiaries, officers, employees, agents, and third parties from and against any claims, liabilities, losses, costs, damages or expenses (including attorney’s fees) arising, directly or indirectly, in connection with Affiliate’s operations or website or out of any disputes between Affiliate and any other party relating to this Agreement or the participation in the Program, the Site(S) or to services provided by SPH.

16. Limitations of Liability

 

16.1    Under no circumstances shall SPH its subsidiaries, officers, directors, employees or suppliers be held liable for any direct or indirect damages and/or losses, to the affiliate, user, and/or other third party that may arise due to (i)  “downtime” and/or availability of SPH site or the program, and any losses of any kind that may result due to downtime in the program and/or any other third party’s down time; (ii) any termination of this agreement; (iv) any investments, actual or planned, by affiliate in connection with its participation in the affiliates program.

16.2    Notwithstanding anything to the contrary contained in this agreement, SPH, its subsidiaries, officers, directors, employees or suppliers will not be liable to affiliate with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, punitive or exemplary damages (including, without limitation, loss of goodwill or actual or anticipated revenue, profits or lost business), even if SPH, its subsidiaries, officers, directors, employees or suppliers have been advised of the possibility of such damages. Our aggregate liability arising in connection with this agreement and the program will not exceed the total fees paid or payable to the affiliate under THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED

17. Modification

 

17.1    SPH may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion by providing Affiliate fourteen (14) days prior notice of such modification. Notice of any change by e-mail, to Affiliate’s address as provided to SPH, or the posting on our Site of a change notice or a new agreement, is considered sufficient notice to Affiliate of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available Affiliate Fees, payment procedures and schedules, and Affiliation Program rules.

17.2     Notwithstanding the foregoing Section ‎18.1, the Referral Fees Plan may be altered, modified or changed by SPH, from time to time, in its sole and absolute discretion, provided that SPH will notify Affiliate of such change of the Referral Fees Plan. Affiliate Fees earned prior to such change will be paid according to the conditions in effect prior to such changes. Referral Fees earned after such change is in effect will be paid according to the new conditions of the amended Referral Fees Plan’s effective date at which the payment has been made.

 

17.3     If any modification is unacceptable to Affiliate, its/his/her sole recourse shall be to terminate this Agreement. Affiliate’s continued participation in the Program following posting of a change notice or a new agreement on SPH Site will constitute binding acceptance of such change.

 

18. Miscellaneous

18.1    The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof.

18.2    The failure of each of the parties to exercise or enforce any right or provision of the conditions and terms of this Agreement shall not constitute a waiver of such right or provision. SPH failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of SPH’s right to subsequently enforce such provision or any other provision of this Agreement.

18.3    This Agreement constitutes the entire understanding between the parties regarding to specific subject matter covered herein. This Agreement supersedes any and all prior written or verbal contracts or understandings between the parties hereto and neither party shall be bound by any statements or representations made by either party not embodied in this Agreement.

18.4    If any dispute arises in connection with the performance of this Agreement and cannot be amicably resolved, such dispute shall be solely and finally governed by and be construed according to the laws of the State of California, without regard to the conflict of laws provisions thereto. Any dispute arising under or in relation to this Agreement shall be exclusively resolved in the competent courts of San Diego, California.

18.5    The rights and obligations of each party hereunder shall inure to the benefit of the respective successors and assigns of the parties hereto, provided that, except as expressly provided herein, the Agreement and any rights or obligations hereunder shall not be assigned or delegated by Affiliate without the prior written consent of SPH (which shall not be unreasonably withheld).

 

19. Independent Investigation

 

19.1    Affiliate acknowledges and agrees that nothing herein and no statement by SPH or any of its employee or other person associated with SPH has prevented Affiliate in any way from seeking legal, financial or technical advice before entering into this Agreement.

19.2    Affiliate has independently evaluated the desirability of participating in the Program and he/it is not relying on any representations or statements other than as set forth in this Agreement.

19.3    Affiliate has read this agreement carefully and understands it, has had the opportunity to consult with counsel and accept the obligations, which it imposes upon affiliate without reservation. Affiliate has also taken into account the limitation of liability and warranty disclaimer provisions of this agreement prior to accepting this agreement. No promises or representations have been made to affiliate to induce him/it to accept this agreement. Affiliate agrees to the terms of this agreement voluntarily and freely. 

 

Privacy & Terms

THIS USER AGREEMENT (INCLUDING ANY DOCUMENTS REFERENCED HEREIN, THIS “AGREEMENT”) DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH GARDEN COMPASS LTD. OFFERS YOU AN ACCOUNT (THE “ACCOUNT”) FOR USE OF THE GARDEN COMPASS SERVICE (THE “SERVICE”). BY COMPLETING THE REGISTRATION PROCESS ON OUR WEBSITE LOCATED AT ANY OF THE FOLLOWING DOMAINS:SMARTPLANTAPP.COM, OR BY DOWNLOADING MOBILE CONTENT TO A MOBILE DEVICE, AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. 
1. Eligible Subscribers. By accepting these terms, you confirm that you are 13 years of age or older, and have the consent of the subscriber of a participating mobile communications carrier to sign-up and use the Garden Compass service on behalf of the subscriber.
 

2. Fees and Payment Authorization. NOTE: THIS SECTION 2 APPLIES ONLY IF YOU HAVE INFORMATION DELIVERED TO YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE OR IF YOU DOWNLOAD INFORMATION FROM YOUR CELLULAR PHONE, PAGER OR OTHER WIRELESS DEVICE. Your wireless service provider or pager company may charge you (i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager, (ii) airtime or other connection fees in connection with your downloading or information or messages from or uploading of information or messages to the Service, and/or (iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. Before subscribing to the Service, please check with your wireless service provider or pager company about the existence of such fees. You are responsible for paying all such fees, and for any other hardware, service or other costs you incur to access your Account, plus any applicable taxes. Garden Compass users will be charged for the use of Garden Compass services through Credit Card or directly on your mobile telephone invoice, as selected by you. If you select a monthly fee subscription plan, you authorize the continued billing each month until you cancel such subscription. If you cancel your account or subscription for any reason, Garden Compass will not refund any of your fees paid to date.

 
3. Access to Account. When your Account is established, Garden Compass will provide you with a password unique to your Account through which you may set your user options. You may disclose the password to other people whom you want to have access to use your Account on your behalf, but you will be fully responsible for all charges and liabilities incurred by their use. You will also be fully responsible for any charges and liabilities incurred through use of the Service or your Account by anyone who obtains this password as a result of your negligence, until you notify Garden Compass’ customer service at customerservice@gardencompass.com. In Addition, Garden Compass may temporarily disable access to your Account if you report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period.

 
4. Use of Account/Service; Privacy.

 

4.1 You and other users of your Account must comply with all applicable laws and regulations in using the Service. You may not use the Service for any of the following purposes or in any of the following manners:
– to impersonate or harass any other person;
– to send any information of adult nature;
– to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person’s proprietary right (including posting any links or URLs that you do not have the right to post or disclose); that violates any persons rights of privacy or publicity; or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, antidiscrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside);
– to intercept any communications not intended for you;
– to release, post, distribute or execute any viruses or other harmful computer code; or
– to engage in “spamming” or similar conduct.


4.2 Garden Compass does not control the data, information or other postings provided by other users, which is made available through the Service. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the Service or relying on any data, information or other postings provided through the Service.


4.3. At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send without delivering them or prevent messages from reaching you. You may not use the Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
 
4.4. Garden Compass recognizes that our users have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to uses and disclosures of your personal information as enumerated in Garden Compass’ then-current privacy policies, which are incorporated herein by reference. Our current privacy policy is available at https://www.smartplantapp.com
 

4.5. Members who use our Services agree to accept our SMS, MMS, or email messages as part of the service. We only use these communications to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our users. And we keep these messages to a minimum. You can elect not to receive our messages and remove yourself from our mailing list, by replying to any message with STOP.

 

5.Content

 

5.1. One feature of the Service is that you may have the ability to retrieve certain contents of informative or marketing nature including but limited to news stories and reports, weather forecasts, horoscopes, press releases, stock prices, music, sounds, software, photographs, celebrity information, celebrity photographs, games, video, audio, graphics and similar information supplied by other Garden Compass users, or Garden Compass partners (collectively, “Third Party Content”). You understand that Garden Compass has no editorial control over any Third Party Content and that Garden Compass does not guarantee the accuracy or completeness of any Third Party Content. You agree that Garden Compass will have no liability to you, or anyone else who uses your Account, with regard to any Third Party Content. You also understand that the Third Party Content is the proprietary material of Garden Compass and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcast, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the “fair use” provisions of the U. S. copyright laws or comparable provisions of foreign laws. You may use Third Party Content solely for your personal, private, non-commercial use. For the avoidance of doubt, your use of the Service is under license; you will not obtain any ownership interest in any of them through this Agreement or otherwise. Garden Compass is not responsible to you for any content or materials or any other aspect of the Service that you might find objectionable.

 

5.2. With respect to any data, information or postings you make to or through the Service:
– You will own any personal user information or other registration information that you have given us as part of the registration process (your “Registration Information”). With respect to your Registration Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, photographic, image and publicity rights (but no other rights) you have in your Registration Information, in any media now known or not currently known. Garden Compass will only use your Registration Information in accordance with our Privacy Policy.

 
6. Changes to the Service or Terms. You understand that Garden Compass may, in its discretion, from time to time change, add, or remove certain features of the Service, change the pricing, or change the terms of this Agreement by informing you of the amended terms via email to the email address you provide to us or via SMS to your phone, and that, if you are dissatisfied with any such changes to the Service or this Agreement, you may cancel your Account as provided in Section 10 within 14 days from the date of such notice. In addition, Garden Compass reserves the right to discontinue the Service altogether for all users at any time in its discretion. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you access your Account, in which case such terms shall be effective when posted. Otherwise, this Agreement may not be amended except in a writing signed by both parties.

 
7. Disclaimer of All Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GARDEN COMPASS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO GARDEN COMPASS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. GARDEN COMPASS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.



8. Limitations of Garden Compass’ Liability. GARDEN COMPASS AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR OTHER INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE. GARDEN COMPASS’ TOTAL CUMULATIVE LIABILITY TO YOU AND ANY ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO GARDEN COMPASS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING GARDEN COMPASS’ LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW. MOREOVER, THIS SECTION DOES NOT LIMIT GARDEN COMPASS’ OBLIGATION, IF GARDEN COMPASS MISTAKENLY OR WRONGFULLY OVERCHARGES YOUR ACCOUNT, TO REFUND THE AMOUNT OF THE OVERCHARGE.

 

9. Release and Indemnification.

 

9.1. In the event that you have a dispute with one or more users, you release Garden Compass (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

9.2. You agree to defend, indemnify and hold harmless Garden Compass and our subsidiaries, affiliates, officers, directors, agents, and employees from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

 

10. Termination of Account. You may terminate your Account, this Agreement, and your right to use the Service, at any time and for any reason or no reason, by contacting Garden Compass’ customer service at customercare@gardencompass.com or by sending a text message with the text “STOP” to the Garden Compass shortcode, or such other number as may be designated on our Website. Notifying Garden Compass in any other way of your desire to terminate your Account may result in delays in processing your request. Garden Compass may immediately suspend or terminate your Account, and terminate this Agreement, if you breach any provision in this Agreement or if the charges to your credit card or your mobile phone bill for the fees described in Section 2 are refused for any reason. Garden Compass reserves the right to terminate your Account and this Agreement for any other reason if Garden Compass gives you at least thirty days advance notice. Upon any such termination of your Account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Service before termination. Sections 4, 5, 7, 8, and 10 will remain in effect notwithstanding the termination of your Account or this Agreement.

 

11. Miscellaneous. This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. As used in this Agreement, “including” means “including but not limited to.” This document and the pages referred to herein represent the entire agreement governing your use of the Service and supersede any prior or contemporaneous written or oral statements by Garden Compass or its representatives or resellers. This Agreement may not be amended except as provided in Section 6.

 

12. Contacting Us. The Services hereunder are offered by Garden Compass, Inc, 1660 Union Street, Suite 301, San Diego, CA 92101. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Competition Terms:

Information on how to enter and prizes form part of these Conditions of Entry. Entry into this promotion is deemed acceptance of these Conditions of Entry.

1.Entry is free and open within the UK, entrants must be aged 18 years of age and over and need to have downloaded SmartPlant and activated a free premium trial. They must have either registered Homebase as their retailer, entered their email address on the Homebase pop up advert, have scanned a Homebase plant barcode or have entered a Homebase promo code.

 

2. Employees and immediate families of the Promoter and suppliers, providers and agencies associated with this promotion are ineligible to enter.

3. The promotion commences 01/06/2019 and closes on 31/06/2019. Each Free Trial Activated that is associated to Homebase as the retailer is worth one entry into the draw. The Promoter, SmartPlant, reserves the right to request proof of residency at the stated address and identification for verification (to the Promoter's satisfaction in its discretion) before issuing the prize. Incomplete or incomprehensible entries will be deemed invalid. The Promoter's decision to disqualify an entry is final and no correspondence will be entered into.

4. No responsibility will be taken for lost or late entries.

5. One winner who has activated a free premium membership trial will be chosen at random on 31/06/2019. The winner will be notified by email following the selection (within 48 hours). Their name and photo may be published on www.smartplantapp.com and via our and our partners  social networks. In the event that the prize notification email is returned as undeliverable, such prize will be forfeited and an alternate winner will be selected from all remaining (non-winning) eligible entries. Names of the winner (first name, last name and city) and photograph may also be published in the SmartPlant and partners e-newsletters.

6. If the prize remains unclaimed within a week period after the prize notification email is sent, the prize will be forfeited to an alternate winner selected from all remaining (non-winning) eligible entries.

7. The prize is an Amazon Echo Dot. The receiver of which will be chosen at random. The prize will be sent recorded delivery to the address provided by the winner. The prize has no alternative monetary value. SmartPlant reserve the right to substitute or change this prize without notice at any time. Normal terms and conditions apply.

8. The promoter will not cover postage insurance for the Amazon Alexa, but it will be sent recorded delivery and will require a signature on delivery. The Promoter will not be responsible if the winner is not available to accept delivery but will do all in its power to communicate the status of delivery information with the winner.

9. The prizes are non transferable or refundable.

10. No cash or credit alternatives will be offered.

11. The promoter of this competition is SmartPlant., Huckletree West, Mediaworks, 191 Wood Ln, London W12 7FP.

12. The Promoter accepts no responsibility for any variation in the prize value. Prize, or any unused portion of the prize, is not transferable or exchangeable for other goods or services and cannot be taken as cash.

13. The Promoter will not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) or for any personal injury suffered or sustained in connection with the prize except for any liability, which cannot be excluded by law (in which case such liability is limited to the maximum extent allowable by law). The Promoter will not be responsible for any incorrect, inaccurate or incomplete information communicated in the course of or in connection with this promotion if the deficiency is occasioned by any cause outside the reasonable control of the Promoter including without limitation technical malfunctions or failures. Tax implications may arise from the receipt or use of a prize. Independent financial advice should be sought.

14. If for any reason this promotion is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Promoter reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion subject to any written directions under applicable legislation. The Promoter also reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the promotion. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.

15. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participants or any other person's computer related to or resulting from participation in or down-loading any materials in this promotion.

16. All entries and any copyright subsisting in the entries become and remain the property of the Promoter. The Promoter collects contact information about entrants in order to contact them about the promotion and where appropriate award prizes and may also use the information to assist the Promoter in improving goods and services and to contact entrants in the future with special offers via any medium including mail and commercial electronic messages. If you do not provide the information, you cannot participate.

17. The UK laws apply to this promotion to the exclusion of any other law.

18. SmartPlant reserves the right to substitute a prize of at least equal value in the event of unavailability, for whatever reason, of the advertised prize. Should the value of any prize be less than the value stated, the difference will not be awarded in cash or in kind.

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