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Gardyn Membership Terms

Effective Date of Current Policy: September 1, 2019

By purchasing a Gardyn Membership, you agree to the following terms and conditions, which supplement and form a part of the Gardyn Terms of Service. Capitalized terms not defined here have the meaning given to them in the Gardyn Terms of Service.

Membership Scope

The Gardyn membership provides you with:

  • 10 yCubes™ per month. These yCubes™ can be ordered on your Gardyn App. They contain seeds and can be planted in your Gardyn device for them to grow. Orders for a given membership are regrouped and shipped once a month. Gardyn may decide to proceed with additional shipments at its sole discretion.
  • Automation of your Gardyn Home device. Kelby™, the smart gardener embedded in your App, takes care of watering and lighting your plants to ensure their proper growth. You can adjust these schedules as need be by long-pressing on the light or water tiles in the home screen of the Gardyn App, or selecting Light or Water in the menu of the Gardyn App.
  • Automated recommendations and advice. Kelby™ sends you messages relating to your device and the growth of your plants. It gives you information and advice as to how to take care of your plants, provide useful related information, and let you know if there are some actions you need to take.

Your membership starts 30 days after the activation of your device and is automatically renewed every month thereafter unless you pause or cancel it, or the payment of the membership is overdue.

In case you do not subscribe to the membership within 30 days after activation of your device or cancel or pause the membership thereafter, Gardyn will stop providing the services listed above. As a result, it will be necessary for you to:

  • Keep growing the same plants on your Gardyn or use your own, given will not receive yCubes any more
  • Be responsible for providing appropriate light and water to your plants manually through the Gardyn App (manual mode)
  • Decide on your own what to do to optimize the growth of your plants and manage your Gardyn Home device

Additional yCubes™ can be bought from the Gardyn App.

Spare parts and accessories can be bought from the Gardyn website.

Seeds are natural elements. Even though Gardyn takes great care in selecting seeds with high germination rates, some of the seeds in your yCubes™ may not germinate. Gardyn cannot be held responsible for seed that may not germinate or plants that may not grow properly, and no refund or exchange will be provided. The portfolio of plants presented on the Gardyn websites and Applications is indicative and can be changed by Gardyn at its sole discretion and with no prior notice. No refund of the membership can be claimed as a result of a change in the portfolio of yCubes™ offered by Gardyn.

The messages sent by Kelby are meant as a support to make it easier for you to use your Gardyn and grow your plants. Gardyn cannot be held responsible for the actions you take pursuant to any message from Kelby or the lack thereof. You remain solely responsible of the use of your Gardyn Home device, the growth of the plants and any consequence thereof.

Membership Coverage and Billing Cycles

Membership Coverage
By purchasing a Membership in connection with your purchase of a Gardyn Home (a “Device Membership”) you will get full and unlimited access to all of Gardyn’s available portfolio of plants (to the extent included in your Membership), plus access to Kelby™ on Gardyn Apps, for as long as the Device Membership remains active. The account holder of the Device Membership is the person who activated the Membership on the device(s) or in the Apps to which the Membership is attached (the “Membership Holder”). As a Membership Holder you may possess one or more Memberships depending on the number of devices you own.

Billing Cycles and Auto-Renewal.
All Memberships recur on a monthly basis until they are cancelled or paused in accordance with these Membership Terms. Billing occurs at the beginning of the Membership cycle and provides access for one month thereafter. By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership by you or Gardyn. To change or terminate your Membership, contact our support team at support@mygardyn.com.

Prepaid Periods.
You may be given the opportunity to prepay for a period of one or more months of your Membership. At the conclusion of a prepaid period, unless you cancel prior to renewal, and to the extent permitted by applicable law, your Membership will automatically continue on a month-to-month basis at the then-existing non-promotional price for your Membership level.

Offers.
Gardyn may offer some promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Membership Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file in order to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Membership Terms.

Account Registration

You can register by successfully completing a Gardyn purchase, or by creating an account on the Gardyn Site or Gardyn App, as further described in our Terms of Service. All information that you provide must be accurate, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information. You are responsible for keeping such information up-to-date and must provide changes promptly to your account page, which may be accessed through the settings page of the Gardyn App. Gardyn’s use of your information is governed by our Privacy Policy. YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD.

Termination or Cancellation of Membership

If you pause or terminate your Membership, you may use your Membership until the end of the then-current period and your Membership will not be renewed after that period expires. However, you won’t be eligible for a prorated refund of any portion of the Membership fee paid for the then-current Membership period, subject to specific cancellation and refund rights listed below for certain Canadian residents.

Suspension/Termination by Gardyn.


Gardyn may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if: (a) your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend); (b) you provide false or inaccurate information; (c) you violate these Membership Terms, the Terms of Service or any other Gardyn rules or agreements then in effect; (d) you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); or (e) if you engage in conduct that is threatening, abusive or harassing to Gardyn employees, agents, or other Gardyn users, including, for example, making threats to physically harm or damage property.

If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, Gardyn has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.

Payment

Membership Holders agree to pay the monthly fee specified when you purchased your Membership (plus any applicable taxes and other charges). If the amount to be charged varies from the amount you pre-authorized (other than due to the imposition of, or change in, applicable sales tax), you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction, unless applicable law requires you to expressly consent to the change in price. Any agreement you have with your payment provider governs your use of your specified payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Billing Authorization. You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to activate your Membership, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a monthly basis, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Membership Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Gardyn, nor any Gardyn agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Membership Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors.

You agree to pay us, through our payment processors or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Financed Purchases

If you finance the purchase of your Membership, you agree to abide by the terms of the financing agreement with our financing partner governing your purchase, which will be provided to you separately. Gardyn may treat your failure to abide by the terms of your financing agreement with our financing partner as a breach of these Membership Terms.

Bill Inquiries and Refunds

If you believe you have been billed in error for a Membership, please notify us within 60 days of the billing date by contacting Gardyn Support at support@myGardyn.com. Gardyn will not issue refunds or credits after the expiration of this 60-day period, except where required by applicable law.

Statutory Cancellation Rights (Certain Canadian Residents Only)

British Columbia

You may cancel your Device Membership 10 days after you initially subscribe for any reason by sending Gardyn a notice of cancellation to support@mygardyn.com

Ontario

Your Rights under the Consumer Protection Act 2002
You may cancel this agreement at any time during the period that ends ten (10) days after the later of the day you receive a written copy of the agreement and the day all the services are available. You do not need to give the supplier a reason for cancelling during this 10-day period. In addition, there are grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address of the supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance).

Saskatchewan

Your Rights under The Consumer Protection and Business Practices Act
You may cancel this contract at any time during the period that ends seven (7) days after the later of the day you receive a written copy of the contract and the day all the services are available (in calculating the 7 days, count only days on which the supplier is open for business). You do not need to give Gardyn a reason for cancelling during this period. In addition, there are other grounds that allow you to cancel this contract. You may also have other rights, duties and remedies at law. For more information, you may contact the Consumer Protection Division, Financial and Consumer Affairs Authority of Saskatchewan. To cancel this contract, you must give notice of cancellation to Gardyn, at 7315 Wisconsin Avenue, Bethesda, MD 20814, USA, by personal service, by registered mail or by any other means set out in the contract. If you cancel this contract, the supplier has fifteen (15) days to refund any payment you have made.

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