Welcome to MyGardenPal.com
www.mygardenpal.com (the "Site") is operated by MyGardenPal.com ("we" or "us"). We are registered in Czech Republic (European Union) under company number 76368866 and have our registered office at Tusarova 1269/15, 170 00, Prague 7, Czech Republic. Our Membership Terms are set out below and govern our provision, and your use, of our paid services. These services include access to the premium articles and other paid content on the Site (collectively called the "Services"). A person or organisation that has entered into a contract with us for the provision by us of Services on these Membership Terms (and each named user of a member organisation) is referred to in these Membership Terms as a "Member".
Categories of Membership
Services are provided only to Members. The Services include the provision of a personal or professional account to you, which will enable you to access a range of paid Members-only premium content. The Services are described in more detail in the relevant sections of the Site.
Personal Membership – this membership category gives you personal access to the MyGardenPal Premium content. By signing up to or renewing this category of membership you promise that all the information you have provided is complete and accurate, and that you will carry out your obligations set out in these Membership Terms.
Registration and Formation of Contract
These Membership Terms set out the entire agreement between you and us relating to the provision by us to you of the Services made available through the Site.
Your application to start or renew your membership is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
All applications are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or other written notice. The contract between you and us (“Contract”) will only be formed on acceptance by us. We will begin performance of the Services as soon as reasonably practicable after acceptance of your application, provided that you have made payment to us of the relevant fees.
The Contract will have a fixed term of one month (in the case of monthly subscriptions) or one year (in the case of annual subscriptions) and will renew automatically at the end of each fixed term for a further fixed term. If you do not wish to renew your Contract with us, please notify us in writing at least seven days before the end of the current fixed term.
If you choose, or you are provided with, a user ID or password as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you have purchased a Professional Membership, you must ensure that each named user treats his or her user ID and password as confidential and does not disclose that information to any third party, including any other employee or member of the organization.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”), consumers have certain rights to cancel contracts concluded at a distance. If you are a consumer the Contract between you and us is such a contract and you have the right to cancel it within 14 days after the date the Contract is entered into (so if you enter into the Contract on 1 October, you may cancel any time before the end of 15 October) (the “Cancellation Period”). Because our Services are subscription-based, you acknowledge and accept that they will be made available to you immediately on formation of the Contract and during the Cancellation Period. We are so confident that you will like our subscription services that if you cancel the Contract during the Cancellation Period, we will provide you with a full refund.
If you are a consumer you may cancel the Contract by notifying us at the address above or at firstname.lastname@example.org before the end of the Cancellation Period. You do not have to give us any reason for your cancellation, but should inform us that you are exercising your right to cancel by a clear statement. The Regulations require us to provide the following model cancellation form to you, which you may print or copy and complete, but you do not have to use the model form. The easiest way to cancel your membership is by clicking the cancellation button in My account.
Model Cancellation Form
To MyGardenPal.com, Tusarova 1269/15, 170 00, Prague 7, Czech Republic, email email@example.com
I hereby give notice that I cancel my contract for the supply of the following service: subscription-based access to the member sections of your website MyGardenPal.com, ordered on [insert date].
[Name of consumer]
[Address of consumer]
[Signature of consumer (if form notified on paper)]
Under the Regulations, you are obliged to pay for Services provided to you during the Cancellation Period if you cancel the Contract. However, we will not enforce this obligation – if you cancel the Contract within the Cancellation Period we will reimburse all payments received from you. We will make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your cancellation of the Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction and will not charge you any additional fees for making the reimbursement.
Price and Payment
Our membership fees are set out on the Site. You must pay the applicable membership fees in order to receive the Services. Payment may be made by following the instructions on the Site. You can check the status of your current membership and payment status at any time by referring to your account settings.
You must pay for all Services in advance in cleared funds. We accept payment through our payment processing service provider Stripe Payments Europe, Ltd (“Stripe”). The collection and processing by this provider of your credit or debit card details and other personal data are governed by its terms and conditions. See https://stripe.com/en-cz/privacy for more information.
Contributions and Acceptable Use
Articles, images and other content:
Members or visitors to the Site may not reproduce any content from articles, images, videos, pdfs or other files without requesting permission first, via firstname.lastname@example.org.
Members or visitors to the Site may not under any circumstances use automated processes to crawl our website to extract data from our tasting note database or for any other purpose.
We reserve the right to terminate immediately the membership of any Member found to be breaching the above-stated conditions.
Nothing in these Membership Terms will operate to exclude or limit our liability to the extent that such liability cannot be excluded or limited by law, including liability for death and personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
We are only responsible to you for foreseeable loss or damage caused by us. If we fail to comply with the terms of these Membership Terms, we are responsible for loss or damage that is a foreseeable result of our breaching these Membership Terms or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these Membership Terms are entered into, both knew it might happen.
If defective digital content that we supply damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
Breach, Suspension and Termination
If you breach any of these Membership Terms, we may take any of the following actions that we deem appropriate in the circumstances:
- issue of a warning to you
- immediate, temporary or permanent withdrawal of your right to use the Site and/or Services
- the issue of legal proceedings against you; or
- disclosure of your information to law enforcement authorities as appropriate.
You agree to reimburse us all costs, losses, damages, expenses and liabilities (including, but not limited to, reasonable administrative and legal costs) suffered, incurred or paid out by us as a result of your breach of these Membership Terms.
Transfer of Rights and Obligations
You may not transfer, assign or otherwise dispose of any Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time.
Events Outside Our Control
We will not be liable for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control including (without limitation) natural disasters, failures of telecommunications networks, power failure, failure of our suppliers, data loss and the acts of any government.
We may revise these Membership Terms at any time by amending this page. If we do so we will give you not less than 7 days’ notice. Continued use of your membership after expiry of such notice period will signify that you agree to such changes.
If any court or competent authority decides that any of the provisions of these Membership Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Applicable Law and Jurisdiction
These Membership Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Czech Republic (European Union).
The Czech Republic (European Union) courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract or these Membership Terms although we retain the right to bring proceedings against you for breach of these Membership Terms in your country of residence or any other relevant country.