Last Updated: August 11, 2024

Welcome to West Gardeners. These Terms of Use (“Terms”) govern your access to and use of our website, mobile applications, and services (collectively, “Services”). By accessing or using our Services, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Cookie Policy, which are incorporated by reference. If you do not agree to these Terms, you should not use our Services.

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms and that all information you provide is accurate and complete.

3. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:

• In any way that violates any applicable local, national, or international law or regulation.
• To engage in any conduct that is unlawful, fraudulent, or harmful to others.
• To transmit any unsolicited or unauthorized advertising, promotional materials, or spam.
• To impersonate or attempt to impersonate West Gardeners, a West Gardeners employee, another user, or any other person or entity.
• To interfere with or disrupt the operation of our Services or the servers or networks used to make our Services available.

4. Account Registration and Security

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your account credentials and not share them with others.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

You are responsible for all activities that occur under your account.

5. Service Availability

We strive to provide our Services without interruption, but we do not guarantee that our Services will always be available, error-free, or that defects will be corrected. We may suspend, withdraw, or discontinue all or any part of our Services without notice.

6. Intellectual Property

All content, trademarks, logos, and other intellectual property displayed on our Services are the property of West Gardeners or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes only. You may not:

• Copy, reproduce, distribute, or create derivative works based on our Services or any content without our prior written consent.
• Use any of our trademarks, logos, or other proprietary information without our prior written consent.
• Remove or alter any copyright, trademark, or other proprietary notices from our Services.

7. User Content

You may have the opportunity to post, submit, or share content, such as reviews or comments (“User Content”) through our Services. By submitting User Content, you grant West Gardeners a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, publish, and display your User Content in connection with our Services.

You represent and warrant that your User Content:

• Does not infringe any third-party rights, including intellectual property rights and privacy rights.
• Does not contain any defamatory, libelous, or otherwise unlawful material.
• Does not violate any applicable laws or regulations.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable.

8. Payments and Refunds

If you purchase services through our website or app, you agree to provide accurate payment information and to pay all charges incurred by your use of our Services. We may use third-party payment processors to facilitate transactions.

Refunds are subject to our Refund Policy, which is available on our website or app. Please review the Refund Policy before making a purchase.

9. Limitation of Liability

To the fullest extent permitted by law, West Gardeners and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use our Services, including but not limited to:

• Loss of profits, revenue, data, or goodwill.
• Personal injury or property damage.
• Unauthorized access to or use of our servers or any personal information stored therein.

Our total liability to you for any claims arising out of or related to these Terms or your use of our Services shall not exceed the amount you paid, if any, for accessing our Services.

10. Indemnification

You agree to indemnify, defend, and hold harmless West Gardeners and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of our Services.
• Your violation of these Terms.
• Your violation of any rights of another person or entity.

11. Termination

We reserve the right to terminate or suspend your access to our Services at any time, without notice, for any reason, including but not limited to your violation of these Terms.

Upon termination, all rights granted to you under these Terms will immediately cease, and you must cease all use of our Services.

12. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or your use of our Services shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] to resolve any legal matter arising from these Terms.

13. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page, and the “Last Updated” date at the top of these Terms will be revised accordingly. Your continued use of our Services after any changes constitutes your acceptance of the updated Terms.

14. Contact Us

If you have any questions or concerns about these Terms or our Services, please contact us at:

Email: [email protected]
Mail: West Gardeners, 17b Priory Gardens, London W5 1DX, United Kingdom

Thank you for choosing West Gardeners. We look forward to serving you and helping you create the garden of your dreams!