In order to use the Service, you must (i) register for an account (“Account”), and (ii) provide certain information about yourself as requested by the Company in the online registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Service does not violate any applicable law, and (d) you are at least Twenty-one (21) years of age and have the legal capacity to enter into these Terms.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. LeafyCulture.com does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by LeafyCulture.com.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be taken in to consideration as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller holds the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be informed through an email/messages. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
While listing your Products, you are responsible for the accuracy and content of the listings and items offered. A listing may not be immediately searchable and may take up to 24 hours to be available on the Platform. LeafyCulture.com cannot guarantee the exact timeline for listings or that the item listed is exactly as described. Any Content that breaches state or local laws or any of LeafyCulture.com policies may be deleted at LeafyCulture.com sole discretion.
Transactions that violates federal, state, or local laws or any of these Terms may result in immediate suspension or termination of user account(s) at LeafyCulture.com’s sole discretion and may be reported to the local and/or state regulatory and licensing authority as may be required by law.
We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. The fees for the Services are posted on the LeafyCulture.com Platform under account/billing. Users will be notified to changes in the service fee via email and notification sent to the users LeafyCulture.com account.
LeafyCulture.com is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. LeafyCulture.com cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. LeafyCulture.com shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
LeafyCulture.com does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.
At no time shall LeafyCulture.com hold any right, title or interest over the products nor shall LeafyCulture.com have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. LeafyCulture.com is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. LeafyCulture.com is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
The Subscription fees billed are non-refundable. Your subscription plan will continue to remain active till the end of the Subscription Term, irrespective of when You cancel the Service. Any changes in the subscription plan opted by You is effective only after the expiry of the current Subscription Term for which You have already been billed. Accordingly, the Service as per revised plan opted by You shall be effective only after the expiry of the then current Subscription Term. Post cancellation of Your subscription, if you wish to re-subscribe to the Service, you may do so from Your ” Account” page.
TERMINATION OF MEMBERSHIP
We may terminate your access or suspend your right to access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these terms or is harmful to the interests of other users, associates, or us.
The website reserves the right to terminate your membership of the website and refuse to provide you with access to the website in case of non-payment of the website fees and also reserves the right to take legal action.
DATA PROTECTION AND CONFIDENTIALITY
Confidential Information” of a party means such party’s (or its affiliate’s): inventions, discoveries, improvements, and copyrightable material not yet patented, published, or copyrighted; special processes and methods, whether for production purposes or otherwise, and special apparatus and equipment not generally available or known to the public; current engineering research, development, design projects, research and development data, technical specifications, plans, drawings and sketches; business information such as product costs, vendor and customer lists, lists of approved components and sources, price lists, production schedules, business plans, and sales and profit or loss information not yet announced or not disclosed in any other way to the public; and any other information or knowledge not generally available to the public.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR INSTANCES OF A PARTY’S OR ITS AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR LOST PROFITS DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSEE’S SOLE AND EXCLUSIVE REMEDY FOR ANY UNCURED BREACH BY LEAFY CULTURE OF ITS OBLIGATIONS UNDER THIS AGREEMENT IS TERMINATION BY WRITTEN NOTICE TO LEAFY CULTURE, AND REFUND OF A PRORATED PORTION OF THE SUBSCRIPTION FEES THAT LICENSEE HAS PAID. LEAFY CULTURE MAXIMUM LIABILITY TO LICENSEE SHALL BE THE AMOUNTS ACTUALLY PAID TO LEAFY CULTURE BY LICENSEE UNDER THIS AGREEMENT IN THE MONTHLY PRECEDING THE EVENT GIVING RISE TO LICENSEE’S CAUSE OF ACTION. EXCEPTING LIABILITY ARISING FROM LICENSEE’S OR ITS AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OR LICENSEE’S INDEMNIFICATION OBLIGATIONS HEREUNDER, LICENSEE’S MAXIMUM LIABILITY TO LEAFY CULTURE HEREUNDER SHALL BE TWO TIMES (2X) THE AMOUNT OF THE SUBSCRIPTION FEE.
Leafyculture.com respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to us at firstname.lastname@example.org.
Pre-Payment of all fees is required.
Client shall insert Leafy Culture certain tags and code as instructed by Leafy Culture into its webpages. Information collected by Leafy Culture as a result of these codes and tags shall be used for the performance and delivery of the Leafy Culture Service only. Leafy Culture shall use the information collected in accordance with Federal and State laws including laws governing privacy and information protection.
For purposes of this clause, the term “Confidential Information” means non-public information that a party designates as being confidential or which, under the circumstances surrounding disclosure, reasonably ought to be treated as confidential, including without limitation, the terms of this Agreement, a party’s finances, Advertiser records and contact information, employee lists, Client Data, information contained within the Client Insertion Order, information about the Leafy Culture or Leafy Culture Services, and business, strategic development and marketing plans. Confidential Information will not include: (i) information that was previously known, without obligation of confidentiality, by the receiving party, prior to any disclosure from the other party; (ii) information that is or otherwise becomes available in the general public through no breach of this Agreement by the receiving party; (iii) information that was received without restriction from any person or entity that the receiving party reasonably believes is not in violation of any duty of non-disclosure on the part of such person or entity; or (iv) information that the receiving party developed independently of any disclosures of such information by the disclosing party. Client may not disclose any Confidential Information to any third party except its employees. Leafy Culture may disclose Confidential Information to its employees, agents and/or independent contractors to whom disclosure is reasonably required provided that such individuals and entities have agreed to keep such information confidential in the same or a substantially similar manner as provided for in this Agreement. Neither party will use any Confidential Information except as expressly permitted by, and as required to achieve the purposes of, this Agreement. Each party will take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information of a similar nature, to keep confidential the Confidential Information. Notwithstanding anything herein to the contrary, a party may disclose Confidential Information in accordance with a judicial or other governmental order or as may be required by applicable law; provided, however, that a party so disclosing Confidential Information (the “Disclosing Party”) will give the other party (the “Protected Party”) as much advance notice as reasonably possible of any such disclosure so that the Protected Party may seek a protective order or other remedy. The Disclosing Party will comply with any protective order or equivalent relating to the Confidential Information. If there is no protective order, the Disclosing Party will use its reasonable best efforts to ensure that only the minimum portion of the Confidential Information necessary to comply with the law or order is disclosed. The parties agree that monetary damages for breach of confidentiality under this section will not be adequate and the non-breaching party shall be further entitled to injunctive relief. Notwithstanding anything to the contrary contained herein, this Confidentiality provision shall survive the termination of this Agreement and shall be duly enforceable for a period no less than ten (10) years from the date of such termination of the Agreement.
This Agreement, including its formation, performance, termination and enforcement, together with any related claims whether under contract, tort or otherwise, shall be governed, construed and enforced in accordance with the laws of the Commonwealth of United States of America, without reference to its conflict of law principles.