This website, shop.myfarmhand.com (the "Shop"), is operated by Growcer Corporation ("Growcer," "we," "us" or "our"). By browsing the Shop or placing an order, you agree to these Shop Terms of Service and the policies linked in them (together, the "Shop Terms"). If you do not agree, please do not use the Shop or place an order. Our Shop is hosted on Shopify Inc., which provides the e-commerce platform we use to sell to you.
SECTION 1 – HOW THESE TERMS FIT TOGETHER
1.1 Growcer Terms of Sale apply to every purchase. Every order you place through the Shop (a "Shop Order") is governed by the Growcer Terms and Conditions of Sale, including Addendum A (Software License Addendum), available at https://www.freightfarms.com/terms-conditions-of-sale-growcer (the "Growcer Terms"). The version that applies is the one in effect on the date you place your Shop Order. The Growcer Terms are incorporated into these Shop Terms by reference. Each Shop Order is a "Farmhand® Order" under the Growcer Terms.
1.2 Shop-specific terms. These Shop Terms add terms that are specific to buying through the Shop. That includes our Refund Policy, Shipping Policy, Cancellation Policy and Privacy Policy, each linked at the bottom of this page.
1.3 Order of precedence. If anything in these Shop Terms conflicts with the Growcer Terms, the Growcer Terms control, with one exception. As provided in Sections 1.1 and 2.2 of the Growcer Terms, the following are governed by these Shop Terms, our Refund Policy and our Cancellation Policy: cancellation of Shop Orders, payment for Shop Orders, and returns and refunds for Shop Orders. The statements in Section 2.2 of the Growcer Terms that orders are non-cancelable and fees are non-refundable do not apply to Shop Orders.
1.4 Acceptance. By placing a Shop Order, you accept the Growcer Terms and these Shop Terms. If you are ordering on behalf of an organization, you confirm that you have authority to bind it, and "you" includes that organization.
SECTION 2 – ELIGIBILITY AND ACCOUNTS
You must be at least the age of majority in your province, state or country of residence to place an order. You agree to give us current, complete and accurate purchase and account information. You also agree to update it promptly so we can complete your orders and contact you. You are responsible for activity under your account and for keeping your password secure.
SECTION 3 – USE OF THE SHOP
You may not use the Shop or our products for any unlawful or unauthorized purpose. Specifically, you may not:
(a) violate any law or regulation;
(b) infringe our intellectual property rights or anyone else's;
(c) harass, abuse, defame or discriminate against anyone;
(d) submit false or misleading information;
(e) upload or transmit viruses or other malicious code;
(f) collect or track others' personal information;
(g) spam, phish, scrape, crawl or spider the Shop;
(h) interfere with or circumvent the Shop's security features.
You may not reproduce, resell or exploit any part of the Shop without our written permission. We may refuse service, or suspend or end your access, if you breach these Shop Terms.
SECTION 4 – PRODUCTS, PRICING AND ERRORS
Prices are shown in the currency displayed at checkout and may change without notice before your order is placed. We try to describe and picture products accurately, but we cannot guarantee that your screen shows colours exactly.
We may limit quantities, limit sales to any person or region, discontinue products, or refuse or cancel any order. If we cancel or change an order, we will try to contact you using the email, phone number or address you provided. Occasionally the Shop may contain errors in descriptions, pricing, availability or shipping charges. We may correct those errors and cancel affected orders, even after you have placed your order. If we cancel an order you have already paid for, we will refund the amount paid.
SECTION 5 – PAYMENT, TAXES, CANCELLATION AND RETURNS
Payment is due at checkout through the payment methods offered by the Shop. Taxes, duties and similar charges are your responsibility, as described in Section 2.5 of the Growcer Terms, and are shown at checkout or invoiced where applicable. Cancellations, returns, exchanges and refunds for Shop Orders are governed by our Refund Policy and Cancellation Policy.
If you buy a Farmhand® software subscription or another recurring service through the Shop, fees will be charged to your payment method on file and the subscription will renew as described in Sections 2.2 and 2.3 of the Growcer Terms. You can cancel as described in our Cancellation Policy.
SECTION 6 – SHIPPING AND DELIVERY
Shipping options, timelines and charges are described in our Shipping Policy and shown at checkout. Title and risk of loss pass as set out in Section 6 of the Growcer Terms.
SECTION 7 – WARRANTY
Products bought through the Shop are covered by the limited warranty, exclusions and exclusive remedies in Section 10 of the Growcer Terms.
The Shop website itself, and any information on it, is provided "as is" and "as available." We do not promise that the website will be uninterrupted, error-free or always current. The website's content is for general information, and you should not rely on it as your only basis for operational decisions.
SECTION 8 – THIRD-PARTY TOOLS AND LINKS
The Shop may give you access to third-party tools, or link to third-party websites, products or services. We do not control or endorse them. They are provided "as is," and we are not responsible for them. Please review the third party's own terms before you use them, and direct any questions or complaints about them to that third party.
SECTION 9 – FEEDBACK AND SUBMISSIONS
If you send us ideas, suggestions or other materials, you agree that we may use them for any purpose without obligation to you. Any content you submit must not infringe anyone's rights, contain unlawful material, or misrepresent who you are. We may remove content we consider unlawful or objectionable.
SECTION 10 – PERSONAL INFORMATION
Your personal information is handled in accordance with our Privacy Policy, linked at the bottom of this page.
SECTION 11 – LIMITATION OF LIABILITY AND INDEMNITY
The disclaimers, limitations of liability and customer indemnity in Sections 9 and 11 of the Growcer Terms apply to Shop Orders and to your use of the Shop.
Nothing in these Shop Terms or the Growcer Terms limits any rights you have under consumer protection laws that cannot lawfully be waived or limited.
SECTION 12 – TERMINATION
You may stop using the Shop at any time. We may suspend or end your access if you breach these Shop Terms. Obligations incurred before termination, including payment for orders placed, survive termination.
SECTION 13 – GOVERNING LAW
These Shop Terms are governed by the laws of the State of Delaware, consistent with Section 13.8 of the Growcer Terms, except where the mandatory laws of your place of residence require otherwise.
SECTION 14 – CHANGES TO THESE TERMS
We may update these Shop Terms by posting a new version on this page. Changes apply to orders placed after the update is posted. Each Shop Order is governed by the version of the Shop Terms and Growcer Terms in effect when you placed it.
SECTION 15 – GENERAL
If any provision is found unenforceable, the rest remains in effect. Our failure to enforce any provision is not a waiver of it. Together, these Shop Terms, the Growcer Terms and your Shop Order form the entire agreement between you and us about your purchase.
SECTION 16 – CONTACT
Questions about these Shop Terms can be sent to support@freightfarms.com.