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TERMS AND CONDITIONS
Welcome to the website ("Site") owned and operated by Growbuddy Corp. ("Growbuddy"). By accessing, using, or making purchases from this Site, you indicate your understanding and acceptance of the following Terms of Service ("Terms" or "Agreement"). If you do not agree to these Terms, please refrain from using this Site. Growbuddy reserves the right to modify these Terms at any time by posting updates. We encourage you to periodically review these Terms. Your continued use of the Site after any modifications constitutes acceptance of the revised Terms.
By accessing or using this Site, you affirm that you are at least 18 years old or accessing the Site under the supervision of an adult or guardian. Additionally, you assert that you have the legal authority to enter into a binding agreement.
We grant you a personal, limited, non-transferable, non-exclusive license to access and utilize the Site via a web browser. Growbuddy reserves the right to modify the products and services offered on the Site, as well as establish rules and limitations on Site usage, or restrict access to parts or all of the Site, without prior notice. We may revoke your access to the Site at any time, for any reason, including violation of these Terms, without prior notice.
Price information displayed on this Site is subject to change without prior notice. We grant you a personal, limited, non-transferable, non-exclusive license to access and utilize the Site. In our sole discretion and without notice to you, we reserve the right to modify the products and services offered on the Site, and to alter, suspend, or terminate any aspect of the Site. Growbuddy will not be liable to you or any third party for such actions. We may also establish rules and limitations on Site usage, or restrict access to parts or all of the Site without notice or penalty. Your continued use of the Site constitutes acceptance of any such modifications.
SECTION 1 – USE OF THE WEBSITE
1.1. Permission Granted: We grant you permission to access and use the Site for personal use only. You may copy, distribute, and transmit the content of this Site solely through your browser software as incidental to your personal use of the Site. Mechanized or systematic processes for harvesting information from this Site, including for commercial purposes, are strictly prohibited.
1.2. Prohibited Activities: Except as expressly authorized in writing, any other use, including reproduction, distribution, display, or transmission of the content of this Site, is strictly prohibited. You agree not to alter or remove any proprietary notices from materials downloaded from this Site.
1.3. Limitations: You may print a copy of the information displayed on this Site for personal use only. You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information obtained from this Site, except as outlined above.
1.4. Website Mirroring: You may not mirror any portion of this Site on your own website or display any results pages or other information from this Site through your own website without express written permission.
1.5. Celebrity Endorsements: You acknowledge and agree that your access to and use of the Site do not grant you any right to use the name, likeness, image, signature, biographical information, or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
1.6. Changes to Site: We reserve the right to change any information, features, and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if we determine, in our sole discretion, that you have violated this Agreement or the rights of any third party.
1.7. Account Access: We may assign you a password and account identification to access certain portions of the Site. Each time you use a password or identification, you are deemed authorized to access and use the Site in accordance with these Terms. You are solely responsible for all access to and use of the Site using your password and identification.
1.8. Security: You are responsible for protecting the security and confidentiality of your password and identification. You must immediately notify Growbuddy of any unauthorized use of your password or identification or any breach of this Site's security.
1.9. Email Communications: By using the Site, you may receive emails regarding your account or promotions for special offers, including third-party offers.
SECTION 2 – ONE-TIME PURCHASE AND MONTHLY SUBSCRIPTION
2.1. One-Time Purchase: Upon completion of a one-time purchase, the product(s) will be shipped to the address provided by you during the ordering process.
2.2. Monthly Subscription: For monthly boxes such as Growbuddy and other subscription offerings periodically available, the products will be shipped to the address provided by you during the subscription setup.
2.3. Communication: By subscribing to our services, you may receive emails regarding your account or promotions for special offers, including those from third-party partners.
2.4. Cancellation Policy: You have the option to cancel your subscription at any time without incurring any charges. To cancel, simply contact our Customer Support team for assistance.
SECTION 3 – BILLING AND PAYMENTS
3.1. Membership Information: As a Member, you agree to provide accurate contact and payment details, including your name, shipping address, and credit or debit card information. It is your responsibility to ensure this information is kept up to date at all times. Please note that all personal information provided is subject to our Privacy Policy.
3.2. Additional Charges: Growbuddy reserves the right to add an additional charge to your subscription in the event of worldwide shipment disruptions, such as global pandemics or natural disasters, which prevent normal shipping methods. In such cases, we may upgrade your shipping method to a higher class unless you request to opt-out of the upgrade prior to the charge.
3.3. Bank Fees: You are responsible for any fees or charges imposed by your issuing bank or credit card provider.
3.4. Payment Rejection: If your payment to us is returned for any reason, we may bill your account again directly and seek payment through an alternative method, which may include sending a mailed statement.
3.5. Account Changes: Any changes to your account made after the last day of each month will not be reflected in your subscription until the following shipping period. Address updates must be made at least 48 hours prior to the subscription renewal date to ensure they are correctly reflected on your shipment.
3.6. Address Forwarding: Our shipping service does not include forwarding with your mail to an updated address. Any fees incurred for address forwarding will not be reimbursed or credited to your subscription.
3.7. Finality of Payments: All payments made for boxes and services are final and non-refundable.
SECTION 4 – YOUR SUBSCRIPTION CONTRACT
4.1. Recurring Payment Feature: By purchasing any subscription, you acknowledge and accept that your subscription includes an initial and recurring payment feature. You are responsible for all recurring charges prior to cancellation.
4.2. Automatic Renewal: Your subscription will automatically renew for successive periods at the then-current subscription rate. To cancel your subscription, you must contact support using the form on this website at least 48 hours before your next scheduled renewal date, or cancel your subscription online by contacting customer support to avoid charges.
4.3. Renewal Date: All subscriptions are renewed on the same date you signed up. Any changes to your subscription will be applicable on the next renewal date.
4.4. Periodic Charges: Growbuddy may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice to terminate this authorization or change your payment method within the 48-hour notice requirement.
4.5. Cancellation Policy: If you cancel your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
4.6. Subscription Reactivation: Subscription reactivation will generate an invoice for a new order under your current plan for the current order period.
4.7. Plan and Price Changes: Growbuddy reserves the right to change the plan and price of the services (OTAKARA) with or without advanced notice to subscribers. We also reserve the right to revoke your subscription at any time.
4.8. Legal Compliance: Membership is void where prohibited by law.
SECTION 5 - SHIPPING
5.1. Insurance Coverage:
- All boxes shipped with a trackable shipping option are automatically covered by insurance.
- Cases covered by insurance include:
- Theft: Boxes stolen can be replaced if evidence is provided by the shipping company acknowledging the theft or misplacement.
- Damage due to natural disasters: Such as fires, floods, hurricanes, etc.
- Missing or damaged boxes due to mishandling by your local courier.
- Boxes not received due to incorrect shipping addresses or intentional subscriber declines are not eligible for replacement.
5.2. Missing or Damaged Items:
- Missing Items: Refers to when your box arrives intact but is missing one or more listed items.
- Damaged Items: Refers to when your box arrives intact but one or more items are damaged or expired (in the case of perishables).
- Reporting Deadline: All missing or damaged items must be reported within 7 days of box receipt for replacement or refund consideration.
- Evidence Required: You must provide pictures of all sides of the box, all items received, and damaged items clearly showing the damage.
- Resolution: Damaged items will be reviewed by support, and replacements or refunds will be issued only for damaged products. Packaging blemishes are not considered part of a damaged item.
5.3. Returned Boxes Policy:
- Reshipment: Returned boxes will be reshipped with an additional fee, unless returned due to our error.
- Ineligible for Refunds: Boxes returned due to incorrect or incomplete shipping addresses are not eligible for refunds.
5.4. Policy Updates:
- This policy is subject to updates without prior notice and applies immediately and retroactively to all subscriptions and subscribers.
SECTION 6 - ALLERGEN INFORMATION
6.1. Japanese Products:
- Growbuddy does not provide allergen information for Japanese products included in the OTAKARA subscription.
6.2. Allergen Information in Booklet:
- Allergen information is provided in the booklet accompanying the subscription box.
- While efforts are made to provide accurate information on common allergies, the list is not exhaustive.
6.3. Allergen-Free Guarantee:
- Growbuddy cannot guarantee that every item in the subscription boxes is allergen-free.
- Subscribers are advised to review the provided allergen information and use their discretion accordingly.
SECTION 7 – PRODUCT INFORMATION; LIMITATION ON QUANTITIES
7.1. Accuracy of Information:
- We make every effort to ensure that the information provided on the Site is complete and reliable.
- Despite our efforts, certain information may contain pricing errors, typographical errors, or other inaccuracies, which we reserve the right to correct without liability.
7.2. Limitation on Quantities:
- We reserve the right to limit the quantities of products purchased by subscribers.
- Additionally, we reserve the right to revise, suspend, or terminate an event or promotion at any time without prior notice, including after an order has been submitted and/or acknowledged.
7.3. Availability of Products:
- We do not guarantee that all products described on our Site will be available.
- Availability may be subject to change without prior notice.
SECTION 8 – COPYRIGHT
8.1. Ownership of Content:
- The technology underlying and all content included in the Site, including but not limited to text, graphics, or code, constitutes a collective work protected under Japan and other applicable copyright laws.
- All such content is the property of Growbuddy and is protected by copyright and other intellectual property or proprietary rights.
8.2. Protection:
- The content of the Site is protected by copyright and other intellectual property laws, and any unauthorized use, reproduction, or distribution of such content is strictly prohibited without prior written consent from Growbuddy.
SECTION 9 – USER GENERATED CONTENT
9.1. Grant of License:
- By sharing, submitting, or uploading any of your data, including but not limited to photographs, images, video, music, art, or comments, you grant Growbuddy a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license.
- This license permits Growbuddy to use, reproduce, prepare derivative works of, display, and perform your user data in any legal manner for the benefit of Growbuddy.
9.2. User Responsibility:
- You acknowledge and agree that you are solely responsible for all user data that you make available through Growbuddy.
- You represent and warrant that:
- You have all rights, licenses, consents, and releases necessary to grant Growbuddy the required rights to disseminate any user data.
- Neither your data nor your posting, uploading, publication, submission, or transmittal of this data, nor Growbuddy's use of your uploaded data (or any portion thereof) on, through, or by means of Growbuddy will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
SECTION 10 – WARRANTY DISCLAIMER
10.1. General Disclaimer:
- Except as otherwise specifically provided, the Site and the products offered on the Site are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
10.2. Scope of Disclaimer:
- To the fullest extent permissible pursuant to applicable law, Growbuddy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10.3. Functionality and Security:
- Growbuddy does not represent or warrant that the functions contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components.
10.4. Material Use Disclaimer:
- Growbuddy does not make any warranties or representations regarding the use of the materials on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.
10.5. Legal Considerations:
- Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
SECTION 11 – LIMITATION OF LIABILITY
11.1. Indirect Damages:
- Neither Growbuddy nor its celebrity spokespersons shall be liable for any indirect, incidental, special, or consequential damages resulting from the use of, or the inability to use, the Site or materials provided through the Site, even if Growbuddy has been advised of the possibility of such damages.
11.2. Liability Cap:
- In no event will Growbuddy’s liability to you exceed the amounts that you paid to Growbuddy in connection with your Growbuddy membership.
11.3. Legal Considerations:
- Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11.4. Order Cancellation:
- In the event of an incorrect price or incorrect information listed due to typographical error or error in pricing or product information received from suppliers, Growbuddy reserves the right to refuse or cancel any orders placed.
- If your credit card has already been charged for a canceled order, Growbuddy shall immediately issue a credit to your credit card account in the amount of the charge.
11.5. Product Liability:
- Growbuddy has no liability for injury or damage caused by products within the box. Such liability is the sole responsibility of the product brand or manufacturer.
11.6. Modification of Terms:
- These Terms may be modified or terminated by Growbuddy without notice at any time, for any reason.
11.7. Discount Code Limitations:
- Growbuddy reserves the right to limit discount codes to one per customer at its sole discretion.
11.8. Survival of Terms:
- Provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination of these Terms and your use of the Site.
SECTION 12 – TAXES
12.1. Total Price:
- Your total price will include the price of the product plus any applicable sales tax.
12.2. Sales Tax Calculation:
- The applicable state and local sales tax is based on the shipping address and the sales tax rate in effect at the time of purchase.
12.3. Taxation Jurisdiction:
- We will charge tax only in states and other territories where goods sold over the internet are taxable.
12.4. Import and Custom Taxes:
- Growbuddy is not responsible for import tax, custom tax, and other taxes charged by local authorities.
SECTION 13 – NOTICE
13.1. Delivery of Notice:
- Growbuddy may deliver notices to you via email, through a general notice on the Site, or by any other reliable method.
SECTION 14 – USE OF SITE
14.1. Prohibited Activities:
- The use of the Site for any illegal or unauthorized purpose is strictly prohibited.
SECTION 15 – INDEMNIFICATION
15.1. Agreement to Indemnify:
- You agree to indemnify, defend, and hold harmless Growbuddy, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees.
15.2. Basis of Indemnification:
- This indemnification is a result of any violation of these Terms, or any activity related to the use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
SECTION 16 – DISCOUNT CODES
16.1. Restriction on Use:
- Except as explicitly permitted through this site, you agree not to engage in the following activities with discount codes received on or from this site:
- Sell, license, rent, or lease.
- Modify, distribute, copy, or reproduce.
- Publicly display or publish.
- Transfer, edit, catalogue, aggregate, or create derivative works.
16.2. Prohibited Actions:
- You are prohibited from engaging in any of the aforementioned activities with discount codes received from this site unless explicitly permitted.
SECTION 17 – PRIVACY
Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SECTION 18 – THIRD-PARTY LINKS
18.1. Linked Sites Disclaimer:
- In an effort to enhance the value provided to our visitors, Growbuddy may include links to sites operated by third parties.
- However, Growbuddy does not have control over these linked sites, each of which has separate privacy and data collection practices independent of Growbuddy.
18.2. Access at Your Own Risk:
- These linked sites are provided for your convenience, and you access them at your own risk.
18.3. Feedback Request:
- Growbuddy seeks to maintain the integrity of its Site and the links placed upon it. Therefore, feedback on both its own Site and the linked sites is welcomed, including reports of broken links.
SECTION 19 – TRADEMARKS
19.1. Ownership of Trademarks:
- All trademarks, service marks, and trade names of Growbuddy displayed on the Site are either trademarks or registered trademarks of Growbuddy, or they belong to their respective owners.
SECTION 20 – MISCELLANEOUS
20.1. Entire Agreement:
- These Terms constitute the entire agreement between you and Growbuddy regarding your use of the Site.
20.2. Modification:
- Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.
20.3. Assignment:
- Growbuddy reserves the right to assign its rights and duties under this Agreement to any party at any time without notice to you.
SECTION 21 – CONTACT INFORMATION
If you have any questions about this Agreement, please contact us using the information below:
OTAKARA
Address: Akiba, Chiyo-machi 3-1, Beppu-shi, Oita, 874-0942, Japan
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