Garden allows its users to order from Plant nurseries and stores online through its application “Platform”. Garden provides you with an easy way to communicate your orders to Plant nurseries displayed on the Platform. The purpose of this site is to provide a simple and convenient service to consumers, linking them to Plant nurseries in their area that offer plants. Interactive menus and products allow customers to select their favorite orders and plants and submit orders at the click of a button. We have created the website to serve as a plant nursery online market. Garden is a commercial Platform offers service for plants delivery online. Garden does not sell or interfere in any way in the production of any plants produced at the Plant nurseries. But what this online Platform offers to the users is only providing the ability to search for and find local Plant nurseries that deliver or make plants available to their addresses and enables ordering these plants through this website. The Plant nurseries are obligated to comply with country local laws, rules, regulations, and standards pertaining to plants preparation, processing, sale, marketing, and safety.

However, it is important for users to understand that Garden does not in any way independently verify the products of Plant nurseries, the ingredients or the quality of their products, or that a plant nursery is in compliance with applicable laws and regulations pertaining to plants processing as the plant nursery is solely liable for such responsibility. Users (Customers) must make themselves comfortable through information provided by Plant nurseries on the Platform and website or as requested by buyers directly from the Plant nurseries as to the quality and reliability of the Plant nurseries, as well as to their compliance with applicable laws and regulations. Garden does not in any way guarantee the quality of any plants or product or that any plant nursery complies with the applicable laws and regulations. Garden does not further guarantee matching the menu displayed on the site of what is actually provided to the users. Garden shall not be liable or responsible for any plants or services offered by Plant nurseries that is unhealthy, is the cause of injury, that are otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and Garden shall have no liability or responsibility for any such erroneous addresses. All plants preparation and deliveries are the sole responsibility of the plant nursery accepting the order. Please be aware that the plant nursery will do everything they can to meet the delivery time specified, however, delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay. Once you have selected your order from the menu of your chosen Delivery Plant nursery you will be given the opportunity to submit your order by clicking on “Checkout” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Checkout” button since once you click on this input errors cannot be corrected. On receipt of your order, Garden will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the plant nursery. If your order is rejected by the plant nursery, you will be duly informed and we shall not be obliged to provide the services. The Customer may not cancel the order after being accepted by the plant nursery. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information. An order may be subsequently cancelled by a plant nursery after you have received a confirmation that it has been sent to the plant nursery. Garden and our partner Plant nurseries reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation. During the use of the services of Garden, the member “user” accepts and undertakes that: The information in the registration form is correct; in the conditions that this information is required the member is solely responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases, his/her membership may be terminated. The member is solely responsible for all personal ideas, opinions, statements set forth by the member while using the services of Garden, all the files uploaded to Garden and the personal information sent, and that in no way Garden shall be held liable for these files, not to access any services provided in Garden unauthorized and in any way other that the one identified by Garden; not to change the software in any way; and to indemnify Garden for all material and moral losses in the event the member does not comply with the aforementioned terms. Garden shall not be responsible for any damage which may arise from reading of data belonging to any members by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the domestic laws of and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws. The user shall not to harass and/or threaten other users, or any of Garden live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users. All of the records or materials obtained by using the services of Garden are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user's device; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of Garden for any commercial and advertising purposes without obtaining the consent of Garden. Garden may monitor all systems at any time or continuously and may use its system for commercial purposes. The user shall not mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The member himself/herself is responsible for all kinds of acts made under the “username”. The members must pay the service fee and order charges which are notified previously at the time of placing the order or delivery of products; otherwise, the products shall not be delivered to the customers. The members may not access the site or services using a third-party's account/registration without the express consent of the account holder; not to use the site for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the site; not to use the site “Platform” to engage in commercial activities apart from sanctioned use of Garden services; not to copy any content, including, but not limited to shop menu content and third-party reviews, for republication in print or online; not to create shop reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site; not to attempt to gain unauthorized access to other computer systems from or through the site; not to interfere with another person's use and enjoyment of the site or another entity's use and enjoyment of the site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform “site” or affiliated or linked sites (including those of our shop partners). All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the website. Other than personally identifiable information, which is covered under the Garden Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Garden will have no obligations with respect to such material.

Garden and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. User is prohibited from posting, uploading or transmitting to or from this website any material that Breaches any applicable local, national or international law is unlawful or fraudulent. Amounts to unauthorized advertising or Contains viruses or any other harmful programs. You may not misuse the website (including by hacking).Any comments or feedback that you submit through the website must not contain any defamatory, obscene or offensive material; Promote violence or discrimination; Infringe the intellectual property rights of another person; Breach any legal duty owed to a third party (such as a duty of confidence); Promote illegal activity or invade another's privacy; Give the impression that they originate from us; or Be used to impersonate another person or to misrepresent your affiliation with another person. The prohibited acts listed in the above paragraphs are non-exhaustive. You will compensate Garden for all costs and damage which it incurs as a result of you breaching any of these restrictions. Garden will fully co-operate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraphs. Garden may temporarily suspend or completely cease the system operation at any time. Garden shall not have any responsibilities against the members of Gardenor any third parties due to the temporary suspension or completely cessation of the system operation. The username and password shall be displayed and approved after the filling of the application parts to be submitted to the customers by Garden. Garden may prevent its customers who have filled in the form or have connected to the website, although they have passwords, from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by Garden. Garden does not warrant that its services shall be provided on time in a secure and complete manner, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations. Garden role is limited to notify the plant nursery with the customer's orders. Garden has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Garden. Garden shall not be held responsible for back-up and delete processes.

Garden has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics, etc. which are produced by itself and/or bought from outside. Gardenias not responsible for any meal ordered and not delivered by the plant nursery due to unavailability. Garden has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poetry, reports/news, file posted to the bulletin board) which are generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by Garden. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any fees or compensation from Garden. The obligation to change the information in relation to the price and product specifications, which are offered for sale on Garden, belongs to the companies which have cyber shops in Garden. In the event of any misinformation relating to the price and specifications of products, Garden may correct this mistake by cancelling the order. Garden may provide transition for a member to other websites. In this case, the member agrees that Garden shall not be responsible for the context of the websites, which the member may access through its site. Garden may make any changes in the implementation of this Agreement, and amend the existing terms or add new ones for the purpose of complying with any technical necessities and legislation which shall come into force in the future. Garden may change in time the services for which any membership is not required to a form, which requires membership. Garden may provide additional services, change some of the services partially or completely, or transform into a paid service. This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time. 

Reviews are approved based on the following criteria:

RELEVANCY: Reviewers must have had an experience with the plant nursery first-hand.

ACCEPTABLE CONTENT: Garden is not obligated to approve reviews on the site. A subset of the potential reasons for rejection are: Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections. Irrelevant or non-indicative content. Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability. References to illegal activity or uncorrelated references towards society's traditions and values.

Conflicts of interest: Competing Plant nurseries are not allowed to post negative reviews. (Violation of this might result in permanent removal from our website). Allegations of health code violations. Outdated and obsolete information Reviews do not represent the views of Garden, our parent company or our subsidiaries. Garden website does not assume liability for any claims, liabilities or losses resulting from for any review or content on our site.

OWNED BY Garden: Reviews are owned by Garden exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Garden is under no obligation to pay the author or anyone else for their reviews. Once your order has been accepted, this represents an agreement between you (customer) and the plant nursery. The plant nursery has sole responsibility for this order. Cash payments are made directly to the plant nursery upon delivery to fulfil the order. If you have chosen to pay with credit or debit card on the website, the transaction is processed by Gardenas agent of the plant nursery. Delivery charges and any other fees are calculated per order and based on the policy of the individual plant nursery. Any delivery charges or any other fees will be displayed clearly in your Order Summary.

Debit / Credit Cards: Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards: The customer is liable to pay by cash upon delivery any extra charges the plant nursery might charge as a result of the "Special Request" or the "General Request" placed by the customer. You may cancel the order if the delivery time exceeded the plant nursery delivery promise time; your paid amount will be refunded back to your account. The customer may not cancel the order after being accepted by the plant nursery. The customer refund procedure might take 2 working days to process on the Debit /Credit Cards bank payment gateway. The customer has to follow on with the bank in case of any delay in crediting back the customer's account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to check with the bank. Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers. The customer would be reimbursed by the plant nursery in case the plant nursery faced the inconvenience of a missing item (Reimbursement applicable only for the missing or incorrect item and is subject to Garden reimbursement policy). The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the Terms & Conditions. Some hotel apartments may charge an additional amount to allow delivery of the order to the user, in which case the user will bear this additional amount. Garden has the right not to refund the customer for the below cases: Rider reaches the customer's location and tries to contact the customer for a period not less than 15 minutes from the arrival time to the customer's location. If access is prohibited from riders to customers due to security reasons. (hospital, compound, military areas, hotel, university). The customer changed his location after the allowed time to cancel the order from the customer side. 

The terms and conditions for the Garden-Plus operated by GardenLLC.are applicable to all users (“Users” “you” and “your”) of the Garden Application and its associated applications on iPhone, iPad, Android, and mobile application platforms that have signed up for the Garden-Plus Service. If you sign up for the Garden-Plus membership, you are deemed to agree to the following terms and conditions, and any other relevant policies, terms and conditions and notices (collectively referred to as the “Garden-Plus terms”) which are currently applicable or will be applicable to your use of the Services, without qualification. The Garden-Plus Service is a membership-based program available in Saudi Arabia which will offer Garden Customers that sign up for membership (“Members”) a range of benefits which may include without limitation to free delivery with selected Merchants that partnered with Garden under the Garden-Plus program (“Partnered Merchants”). The selected merchants (“Partnered Merchants”) are subject to regular change.

1. Garden-Plus Membership Membership Fee & Renewal

1.1. To become a Member, the Customer shall subscribe to the Garden-Plus Service and pay the membership fee as shown on the Garden Application (the “69 SAR per month”).

1.2. Gardenhoods the right to offer different membership terms and fees. The membership fee may vary from customer to customer and from time to time. The membership fee is non-refundable 

1.3. In some cases where technically enabled by Garden. The membership for the Garden-Plus service will renew automatically every 30 (thirty days) unless renewal is canceled by the Member.

1.4. The Membership payment method may be limited to what is technically enabled by Garden apps such as online payment options through credit cards and debit cards. 

1.5. Garden reserves the right to accept or refuse membership at its own discretion.

1.6. We may send you email and other communications related to Garden and your membership (regardless of any settings or preferences related to your account). Membership Cancellation

1.7. For customers where auto renewal is enabled by the Garden app, You may cancel your Garden-Plus membership renewal any time by visiting your account and adjusting your membership settings. The membership renewal cancellation must be done at least 24 (twenty-four) hours prior to the auto-renewal date, when applicable, in order to avoid being charged for the following month.

1.8. For customers where auto renewal is available, after cancellation of subscription renewal, the membership will not be renewed but you will still have access to your benefits until the subscription expiry date of the paid month. Promotional Trials & Offers

1.9 We may offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership by canceling auto renewal when available.

1.10. As a member of Garden-Plus, you will be entitled to avail select benefits and privileges as determined by Garden and communicated on the Application. The benefits and privileges (collectively referred to as the “Benefits”) available on the Garden application may include: • Free delivery from Partnered Merchants: “Where members of Garden-Plus will receive free delivery on all eligible orders from the partnered merchants under the Garden-Plus program. Free delivery comprehends waiving delivery fees, but does not include any other applicable fees including but not limited to service fees. An eligible order is any order placed with a Partnered plant nursery and meets the required minimum order value. The minimum order value will be communicated in the app when subscribing to Garden-Plus or when placing an order. Garden reserves the right to change Partnered Plant nurseries at any time. Garden also reserves the right to change the minimum order value required for free delivery

1.11. The benefits available under Garden-Plus service will be applied at the time of check-out and can be redeemed at the selected partnered merchants only and the list of such Partner Merchants may be updated periodically. The Benefits cannot be exchanged for cash.

1.12. The benefits may be used in combination with other ongoing promotions or offers, whenever allowed in Garden apps. Unless specified in the customers FAQs or explicitly not allowed. Apple TV+ Offer with GardenPlus

1.13. Code expires on 30 days following the date of issuance or 31 December 2023 (whichever is earlier). This is a promotional code and is not for resale, has no cash value, and will not be replaced if lost or stolen. Offer valid only  for Apple TV+ in Saudi Arabia, on any purchase until 14/7/2023 in the GardenApp in Saudi Arabia when using Apple Pay as the payment method. Requires Apple ID with payment method on file. New Apple TV+ subscribers only. Apple TV+ trial offer expires 31/12/2023. SAR 29.99 per month after trial; plan automatically renews until cancelled. Terms and Apple Privacy Policy apply; see the applicable terms for your country at https://www.apple.com/legal/internet-services/itunes/. Cannot be combined with other offers providing access to the same service. Must be 18 and in the country that matches the store front on which you are redeeming the code. Compatible products and services required.

1.14. Apple TV+ is a registered trademark of Apple Inc. Apple is not a sponsor of this promotion.

2. TERMINATION BY Garden

2.1. Garden may terminate your Garden-Plus membership at its discretion without notice. Garden may terminate your Garden-Plus immediately without any prior notices, if it determines, in its

discretion, that you violate these Terms or any applicable law, involving fraud or misuse of the Garden-Plus membership, or is harmful to our interests or another user.




3. INDEMNITY AND LIMITATION OF LIABILITY 

3.1. You agree to defend, indemnify and hold harmless Garden and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly or indirectly from or out of your breach of any of these Terms, or any activity you conduct in connection with the Application. Garden reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with Garden in the defense of such matters.

3.2. Garden does not warrant or make any representations regarding the use or the results of the use of the Garden-Plus Service or in linked sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Garden will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits). You release Garden from all claims arising from any statement or representation made on the Garden-Plus Service. Your sole and exclusive remedy for any of the foregoing or any dispute with Garden, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Garden-Plus Service. 

3.3. To the fullest extent permissible pursuant to applicable law, Garden excludes all responsibility and liability in relation to the Benefits, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Garden does not warrant that the functions contained in the Garden-Plus Service will be uninterrupted or error-free, that defects will be corrected, or that the Garden-Plus Service or the server that makes it available, are free of viruses or other harmful components. 

3.4. To the maximum extent permitted by law, you will indemnify Garden, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Garden arising from a breach by you of any of the Terms. You acknowledge that the limitation/exclusion of liability of Garden, and your indemnity to Garden, will also apply to all affiliates of Garden, including any parent or subsidiary companies.




4. DATA PROTECTION 

4.1. Garden is committed to upholding the trust given by you to handle your personal data. Garden and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, and any other details on such email address, address, telephone number and details around the payments due by you to us.

4.2. Please see our Privacy Policy for more details.

Service fees terms and Conditions

Service fees terms and Conditions

Service fees terms and Conditions

5. Your responsibility

The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The User himself/herself is responsible for all kinds of acts made under the "username", The customers must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the customers. not to access the Platform or services using a third-party's account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of Garden services; not to copy any content, including, but not limited to Partner menu content and third-party reviews, for republication in print or online; not to create Partner reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person's use and enjoyment of the Platform or another entity's use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our partners).

6. Price and payment

The way we display the prices of our goods may vary depending on the Partner, and, subject to applicable laws, the prices reflected on our Platform. Prices and additional charges (including but not limited to Delivery, Small Basket or Service fees) indicated on the Platform are as at the time of each Order and may be subject to change later. Garden reserves the right to charge fees (including but not limited to Delivery, Small Order or Service fees) for our services as we deem necessary for our business. The breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) are displayed before checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total' amount which is displayed to you, Service fees will be applied to all orders received on the platform, including but not limited to customer requests made using (Garden Plus, Vouchers... Except for orders chosen by the customer to be through the self-pickup service provided by Garden platform in which there is no delivery to the customer area, the service fee is completely or partially non-refundable, except in the case of failed orders that have not been accepted, Garden reserves the right to change the value of the service fee as it deems appropriate.

7. GENERAL TERMS

7.1. These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

7.2. All intellectual property rights in the contents of the Garden-Plus Service are owned by Garden, its affiliates, or its licensors and are protected by copyright, trademark, and other applicable laws. 

7.3. We reserve the right to provide to you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, retailer offers, sampling and giveaways. Any such offers or benefits will be subject to terms and conditions as notified to you.

7.4. You hereby agree to maintain and promptly update all of your identifying information and any other information you provide to Garden, to keep such information accurate, current and complete and to promptly notify Garden regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Garden-Plus Services or the terms on which you use the Garden-Plus Services.

7.5. You hereby agree to maintain the confidentiality and security of your password and agree to accept responsibility for all activities that occur with your permission in relation to your Garden account. If your password is lost or stolen, or if you believe there has been unauthorized access to your Garden account you are required to notify us immediately and change your Garden account password as soon as possible.

7.6. You hereby agree to cooperate with Garden to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Garden in conducting any internal investigation or inquiry.

7.7. Garden's failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms.

7.8. Garden reserves the right to change the Terms at any time and without providing you with notice of such changes. You agree that your continued use of the Garden-Plus Services constitutes your acceptance of the modified Terms, and you agree that all previous versions of the Terms are superseded by the modified version. You should check these Terms each time you use the Garden-Plus Service to check for updates.

7.9. Headings in these Terms are for convenience only and do not affect the interpretation of these terms and conditions.

7.10. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

7.11. All notices and other communications under this Agreement shall be in writing through communications to the Garden email address shown on the Garden Application.

7.12. Your use of the Garden-plus Service and these Terms are governed by and construed in accordance with the laws and regulations of Saudi Arabia.