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TERMS & CONDITIONS

 

Overview

This website is operated by Cultiver Goods USA Inc, a Delaware Corporation (“Cultiver Goods USA”), which is a subsidiary of Cultiver Goods Pty Ltd, an Australian Corporation ("Cultiver Goods", and, when taken collectively with its subsidiaries, the "Cultiver Group"). Throughout the site, the terms “we”, “us” and “our” refer to Cultiver Goods USA. Cultiver Goods USA offers this website, as updated and changed from time to time, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If you do not agree with them, you are not authorised to use the website.

By visiting our site and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms and Conditions” or “Terms”), including those additional terms and conditions and policies referenced in these Terms or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Website and its Use

  1. This website and its contents are subject to copyright which is owned by the Cultiver Group or third parties that license material to the Cultiver Group. Cultiver Group does not grant you any intellectual property rights in this website, its applications, interface or content. CULTIVER is a Trademark licensed to Cultiver Goods. You must not use any trademark displayed on this website.
  1. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
  1. This website may contain links to external Internet websites. Cultiver Group does not sponsor, guarantee or approve of any material or representations in those websites. Nor do we warrant that material on linked sites is free of any computer virus, defects or infringements. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. We suggest that you review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  1. Links to this website are permitted, provided the full html page is loaded. Links to individual graphics or to areas that are considered "security areas" that bypass any security protection or password protect that the Cultiver Group establishes are expressly prohibited. If you wish to use a graphic to link to this site please contact us, as this may only be done with our express consent.
  1. You must not attempt to change, reproduce, add to, remove, hack or interfere with this website or its material.
  1. We cannot guarantee any file, data or program available for download from this website (or any linked website) is free of viruses and you assume the risk of any damage to your computer as a result of using this website. You must not transmit any worms or viruses or any code of a destructive nature. This website may be inaccessible from time to time due to events outside Cultiver Group's control or maintenance requirements.
  1. You may post reviews and make comments on the content on our Website. The content of those comments and reviews, however, must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." Cultiver Group reserves the right to remove such content at any time, and without notice to you. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you grant Cultiver Group a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Cultiver Group may create. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
  1. Occasionally there may be information on our site or in our correspondence with you that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the website or our correspondence with you is inaccurate at any time without prior notice (including after you have submitted your order).

  2. We update the website from time to time, including, but not limited to, information relating to products and pricing, but we undertake no obligation to update the website, except as required by law, and we have no obligation to notify you of updates or modifications or planned updates or modifications.

  3. Your use of the website is at your own risk. The website is provided on an "as is" basis, without any warranties of any kind (either express or implied) statutory or otherwise. To the extent permitted by law, Cultiver Group disclaims all warranties, guarantees and representations with respect to the completeness, security, reliability, quality, accuracy or availability, merchantability, non-infringement or fitness for particular purpose in respect of the website.

  4. Prohibited Uses. In addition to other prohibitions described in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Online Shopping Terms and Conditions

The following terms and conditions apply to all goods purchased from Cultiver Goods USA (the “Goods”) and to the transactions between customers and Cultiver Goods USA. All purchases made on this website are purchases from Cultiver Goods USA.

    1. You must ensure that all information provided by you in relation to your order is accurate, complete and up to date. Cultiver Goods USA will communicate with you about your order and the purchased product using email and by phone. You must provide a valid email address to Cultiver Goods USA for this purpose.

    2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

    3. Your submission of personal information is governed by the Cultiver Goods USA Privacy Policy. Click here to view our Privacy Policy.

    4. We continually seek to offer value to our customers and an exciting range of products. That said, prices for our products are subject to change and may change the prices on our website or modify or change the products available on our website at any time, and will have no liability to you in relation to such matters.

    5. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

    6. From time to time, Cultiver Goods USA will also send you marketing material if you have agreed to this in your account setup. If you do not wish to receive such material, you may unsubscribe from our mailing list at any time by using the unsubscribe function in the electronic marketing communication.

    7. Your order becomes effective upon successful transmission after you press COMPLETE ORDER on the website.  

    8. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    9. Risk in the Goods passes to you on delivery to the address you provide. If our delivery service is unable to locate anyone at that address the Goods may be justify at that address, which shall constitute delivery.  We do not accept liability for any loss, theft or damage to the Goods after that time.

    10. All warranties, guarantees, representations and implied terms, except those which are non-excludable in law, are excluded. If the Goods are defective or do not meet such non-excludable warranties, guarantees, representations or implied terms, we will refund the price or repair or replace the Goods.   

    11. We will not be liable if you have failed to follow instructions, modified the Goods or used them for an unintended purpose.

    12. Except in circumstances where there is a defect for which we are liable, returns are only accepted where Goods are unused, unmarked, in original condition and packaging and received back at Cultiver Goods USA within 10 days of when they were received by the purchaser.
    13. The CULTIVER website uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites. 

Exclusion of Liability & Indemnity

EXCEPT TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER LAW, IN NO EVENT WILL CULTIVER GOODS USA, ANY OTHER MEMBER OF THE CULTIVER GROUP, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR GOODS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

You agree to indemnify, defend and hold harmless Cultiver Goods USA and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any damage, loss, cost, expense, arising out of or in connection with your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, including, but not limited to, where such damage, loss, cost or expense relates to a claim or demand, including reasonable attorneys’ fees, made by any third-party.

General 

  1. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

  2. These Terms and Conditions and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your purchase of Goods and your interaction with Cultiver Goods USA, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

  3. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

  4. These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, and you submit to the non-exclusive jurisdiction of the courts of that State.

  5. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.