Terms & Conditions
Last updated January 29, 2016.
GARDENZILLA PROVIDES YOU ACCESS AND USE OF THIS SITE (“Site”) SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE. BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND CONDITIONS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE RELEVANT TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.
The materials contained in this Site are protected by applicable copyright and trademark law.
Modification of Terms and Conditions:
These terms and conditions are applicable to you upon your accessing or using this Site. These terms and conditions, or any part of them, may be terminated by Gardenzilla without notice at any time, for any reason.
Gardenzilla reserves the right to modify these terms and conditions in our sole discretion from time to time and only Gardenzilla has the right to do so. If the terms and conditions are changed, Gardenzilla will post the new terms and conditions on this Site and note the date they were last updated. Any changes or modification will be effective upon posting of the terms and conditions as revised. Your use of this Site following the posting will constitute your acceptance of the new terms and conditions.
Related Policies and Terms:
The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination of the user’s access to this Site. Gardenzilla may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method to the address you have provided to Gardenzilla.
Licence and Site Access:
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under Canadian copyright laws, and is the property of Gardenzilla. The collective work includes works that are licensed to Gardenzilla. Copyright © 2015 Gardenzilla. All rights reserved.
Gardenzilla owns the intellectual property rights, including copyright, in and to this Site, or has acquired the necessary licences to display the material on this Site.
As a user of this Site, you are granted a limited licence to use (display or print) short extracts of the information for your own personal, non-commercial use only, provided the information is not modified. Any other use of the information is prohibited. None of the information may be otherwise reproduced, republished or re-disseminated in any manner or form without the prior written consent of Gardenzilla. To obtain such consent, please contact Gardenzilla for the information in which you are interested. You further agree not to change or delete any proprietary notices from materials downloaded from this Site.
This is the grant of a licence, not a transfer of title, and under this licence you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non- commercial);
- attempt to decompile or reverse engineer any software contained on Gardenzilla ’s website;
- remove any copyright or other proprietary notations from the materials; and
- transfer the materials to another person or "mirror" the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Gardenzilla at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Gardenzilla may also terminate this licence and your use of or access to this Site if you make or permit any other unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
No Advice or Warranties:
The materials on this Site are provided on an “as is, where is” basis. Gardenzilla makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
You shall be fully responsible for any consequences resulting from your use of this Site. Gardenzilla does not guarantee the quality, accuracy, completeness or timelines of the information on this Site. While all efforts are made to verify the information provided, this Site may contain typographical or other errors and should not be assumed to be error free. Furthermore, some information on this Site has been provided by third parties and has not necessarily been verified by Gardenzilla.
Gardenzilla shall not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Site or in reliance on the information available on this Site, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.
In no event shall Gardenzilla or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this Site, even if Gardenzilla or a Gardenzilla authorized representative has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, therefore these limitations may not apply to you.
Revisions and Errata:
The materials appearing on this Site could include technical, typographical, or photographic errors. Gardenzilla does not warrant that any of the materials on its website are accurate, complete, or current. Gardenzilla may make changes to the materials contained on this Site at any time without notice. Gardenzilla does not, however, make any commitment to update the materials.
In the event that a Gardenzilla product or service is mistakenly listed at an incorrect price, Gardenzilla reserves the right to refuse or cancel any orders placed for products or services listed at the incorrect prices. Gardenzilla reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Gardenzilla shall issue a credit to your credit card account in the amount of the incorrect price.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GARDENZILLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY GARDENZILLA AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE GARDENZILLA OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE GARDENZILLA WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER GARDENZILLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend and hold harmless Gardenzilla and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Gardenzilla reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Certain words, phrases, names, designs or logos used on this Site may constitute trademarks, service marks or trade names of Gardenzilla or other entities. The display of any such marks or names on this Site does not imply that Gardenzilla or other entities have granted a license or authorization of any kind to use such marks or names.
Third Party Links:
This Site may contain links to other web sites which are provided solely as a convenience to you. These links are provided as references to help you identify and locate other Internet resources that may be of interest. If you use these links, you will leave this Site. Parties other than Gardenzilla independently develop and maintain these other sites. Gardenzilla has not reviewed all of the websites linked to by this Site and is not responsible for the contents of any such linked site. The inclusion of another party or its product or services on this Site should not be construed as an endorsement of that party or its product or services. In providing links to other sites, Gardenzilla is not acting as a publisher or disseminator of the material contained on these other sites and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site. If you decide to access any of the third party web sites linked to this Site, you do so entirely at your own risk.
A link to another site should not be construed to mean that Gardenzilla is associated with or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. Use of any such linked website is at the user’s own risk.
All information submitted to Gardenzilla via this Site shall be deemed and remain the property of Gardenzilla, and Gardenzilla shall be free to use, for any purpose, this ideas, concepts, know-how or other techniques contained in information provided to Gardenzilla through this Site or sent through e-mail, unless otherwise agreed to in writing by Gardenzilla. Furthermore, Gardenzilla shall not be subject to any obligations of confidentiality regarding any such information submitted to it unless otherwise agreed to in writing by Gardenzilla.
The Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forgery. Gardenzilla will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Gardenzilla through the Internet, or that you expressly or implicitly authorize Gardenzilla to make, or for any errors or any changes made to any transmitted information.
Access and Interference:
In using this Site, you agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not use any robot, spider, other automatic device, or manual process to impose an "unreasonable or disproportionately large load" on Gardenzilla’s infrastructure. An "unreasonable or disproportionately large load" is one that prevents other users from gaining fair and equitable access to web-based systems and resources.
While every effort is made to ensure that all information provided on this Site does not contain computer viruses, you should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items or information contained on your computer system.
If any provision of these terms and conditions is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Your authorization to access and use this Site shall automatically terminate if you are in breach of any of the provisions contained herein. Gardenzilla reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice.