BY CONFIRMING YOUR AGREEMENT TO THESE TERMS ON THE WEBSITE YOU ACCEPT THESE TERMS AND CONDITIONS AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE FOLLOWING SALIENT POINTS:
- YOU UNDERSTAND THAT AFTER THE DATE OF THE ACCEPTANCE OF THESE TERMS, IF THERE ARE ANY REGULATORY ACTIONS OR CHANGES TO LAW OR REGULATIONS WHICH ARE APPLICABLE IN RELATION TO PARTICIPATION ON THIS WEBSITE: (A) THESE TERMS OR ANY OTHER DOCUMENTSMAY BE CHANGED SIGNIFICANTLY BY THE COMPANY TO ENSURE COMPLIANCE WITH SUCH REGULATORY REQUIREMENTS AND (B) THE COMPANY RETAINS THE RIGHT TO DO ALL THAT IS NECESSARY TO BE IN COMPLIANCE WITH SUCH REGULATORY REQUIREMENTS, INCLUDING BUT NOT LIMITED TO CEASING OPERATIONS (IF NECESSARY).
- WHERE THE COMPANY IS REQUIRED TO MAKE CERTAIN INFORMATION PUBLIC, OR PROVIDE NOTICE THEREOF, THIS REQUIREMENT IS CONSIDERED TO HAVE BEEN COMPLIED WITH BY PUBLISHING SUCH INFORMATION ON THE WEBSITE.
- YOU UNDERSTAND AND AGREE THAT TO THE EXTENT THAT YOU ARE NOT A PROHIBITED USER, IT IS SOLELY UP TO YOU TO ENSURE THAT NO PRIOR OR SUBSEQUENT APPROVAL, NOTIFICATION, REGISTRATION AND/OR AUTHORISATION IS NEEDED TO USE AND/OR PARTICIPATE ON THE WEBSITE. IF SUCH IS NEEDED, IT IS SOLELY UP TO YOU TO OBTAIN SUCH PRIOR OR SUBSEQUENT APPROVAL, NOTIFICATION, REGISTRATION AND/OR AUTHORISATION FOR THE USE OF AND/OR PARTICIPATION ON THE WEBSITE, AND ALL OF THIS IN THE COUNTRY WHERE YOU ARE A CITIZEN, NATIONAL, RESIDENT OR HAVING A SIMILAR CONNECTING FACTOR, OR INCORPROPATED, REGISTERED OR EFFECTIVELY MANAGED, AND YOU UNDERSTAND THAT THE COMPANY SHALL NOT IN ANY WAY BE LIABLE FOR ANY NON-CONFORMITY OF THE ABOVE BY YOU.
- YOU UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY MISUSE BY YOURSELF OR ANY THIRD PARTIES OF ANY PRODUCTS OR SERVICES OFFERED AND/OR OTHERWISE MADE AVAILABLE ON AND/OR THROUGH THE WEBSITE.
- YOU UNDERSTAND AND AGREE THAT THE WEBSITE MAY ONLY BE ACCESSED BY PERSONS WHO HAVE ATTAINED MAJORITY AGE AS SPECIFIED IN THEIR RESPECTIVE JURISDICTION, PROVIDED THAT NO PERSON MAY ACCESS, SUBSCRIBE OR OTHERWISE USE THE WEBSITE UNLESS S/HE HAS ATTAINED A MINIMUM OF 18 YEARS OF AGE. YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU HAVE ATTAINED THE AGE OF MAJORITY AND THAT YOUR ACCESS, SUBSCRIPTION TO AND/OR OTHERWISE USE OF THE WEBSITE IS NOT ILLEGAL IN YOUR COUNTRY.
- THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DERIVED RISKS AND LEGAL ACTION WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE IN BREACH OF ANY LAWS AND/OR OTHER RESTRICTIONS IN YOUR COUNTRY.
- THE COMPANY RESERVES THE RIGHT TO REFUSE AND/OR CANCEL YOUR SUBSCRIPTION OR RESTRICT YOUR ACCESS AT ANY MOMENT IN TIME AND AT ITS SOLE DISCRETION.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS.
Posted: 08/03/2022 Last Updated: 08/03/2022
Table of Contents
PLEASE READ THESE TERMS CAREFULLY AND IN THEIR ENTIRETY. THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO THE ACCESS, SUBSCRIPTION TO, PARTICIPATION ON AND/OR OTHERWISE USE OF THE WEBSITE.
Definition and Interpretation
MellowGrow UAB, a Lithuanian company incorporated with registration number 305790188 and having its registered office at Vilnius, Polocko g 2-3 and may also include any related entity of MellowGrow UAB. The term MellowGrow and Company may be used interchangeably throughout these Terms and on the Website;
any and all photos, videos and other material created, uploaded, shared or otherwise made available on the Website by Users from time to time;
the User’s premises or other location where the Order is to be sent, as indicated in the Order by the User;
General Data Protection Regulation i.e. Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Protection Regulation);
the final price of the Product(s)/Service(s) including any additional shipping cost or other charges and/or fees including VAT as indicated on the Website at the date of the Order;
the products obtained and processed from the User’s Harvest;
the fields wherein the Company grows the Plants;
the process whereby Users choose a plot of Land (virtually indicated on the Website) and commissions MellowGrow to plant, cultivate, and harvest cannabis, with the possibility of the User either receiving the Harvested Products or have it resold through the Website, whether by MellowGrow or by the User himself;
non-fungible token(s), unique digital certificate(s) of ownership issued from time to time by the Company on a blockchain network Any rights and obligations in relation to the NFT(s) are limited to those expressly stated in these Terms or as otherwise indicated on the Website;
a licenced third party payment service provider which enables a User to make or to receive payments;
the cannabis plant(s) planted by MellowGrow within the plot of land chosen by the User;
any and all products made available on the Website from time to time;
the development of a cannabis meta e-commerce platform, combining e-commerce, real life farmland and gamification, facilitated by the use of blockchain technology;
the User’s order for the Products or Services provided by the Company and/or other users and as submitted following the step by step process set out on the Website;
any and all services made available on the Website from time to time, including, but not limited to purchasing Plants and purchasing, holding, using and transferring NFT(s) and/or Tokens;
these terms and conditions governing the access, subscription to, participation on and/or otherwise use of the Website, as updated from time to time;
a token named “Weed Coin” intended primarily to be used on the Website;
any person (natural or juridical) who intends to use the Website, being a person of majority age in his country, jurisdiction or territory and not less than 18 years of age, and a citizen, national, or resident of a country, jurisdiction or territory where, after the person having checked and confirmed with the applicable laws, the use of the Website and/or acquisition of the Products or the Services is not prohibited by any laws, regulations or other practices and policies in the said country, jurisdiction or territory.
an account created by a User on the Website for the general use of the Website;
any functionality offered to a User on the Website which allows subscribed Users to interact with eachother and to upload Content being available to other Users;
shall include any of the websites and platforms linked to the domain https://mellowgrow.com/ and subdomains of such website or any other website as indicated by the Company from time to time. The Website shall mainly allow Users to create a User Account, to purchase Products, to participate in the MellowGrowing scheme, and to upload and share Content through their User Account.
The reference to the terms “country”, “jurisdiction” and “territory” may be used interchangeably within the Terms and shall have the same meaning and shall also be taken to include any determinate geographic location to the extent applicable in the Terms.
The reference to the term “use of the Website” used within the Terms shall be construed to include the access and subscription to, participation on and/or otherwise use of the Website.
The term “use” with respect to the use of the Token(s) and/or the NFT(s) shall be construed to include ‘trade’, ‘barter’, ‘exchange’ ‘transfer’, or ‘utilising’ of Token(s) and/or NFT(s) in any other manner, whether in the User’s own name or on behalf of others.
The terms “you” “your” “he”, “she”, “his”, “her”, “him” may be used interchangeably within the Terms and shall have the same meaning as the definition of User above.
The terms “buy” “purchase” “lease” when correlated to the Land do not confer on the Users any real property rights on and in relation to the physical Land.
The headings in the Terms are inserted for convenience only and shall not affect its construction.
Where the context so requires, the use of the masculine gender shall include the feminine and/or neuter genders and the singular shall include the plural, and vice versa.
The Terms, as updated from time to time, shall constitute an agreement between the User and the Company and shall govern the User’s use, whether continued or otherwise, of the Website including any Content, Products, functionality, and Services offered on or through the Website.
Any other information given on the Website but which is not included in these Terms as updated from time to time shall not be legally binding on the Company and shall only serve for information purposes unless otherwise specified. In the future, the Company may offer new services and/or features through the Website, in which case, such new features and/or services shall also be subject to these Terms.
The User and the Company shall each hereinafter be referred to as the “Party” and collectively as the “Parties”.
Acceptance of Terms
By accepting these Terms and other documents made available via the Website, and by using the Website, the User confirms that he has read, understood, agreed and accepts to be bound by these Terms, which shall immediately be effective and binding on and between the Parties. Should the User not agree to the Terms, the User shall not be authorised to use the Website and shall immediately cease from making any further use of the Website.
The User understands and agrees that the Terms can be changed for any other reason by the Company (as noted elsewhere in these Terms) and it is up to the User to ensure that he is aware of the latest terms as available on the Website. Any changes or updates to these Terms are effective immediately from the time they are posted on the Website, and shall apply to all use of the Website thereafter. By continuing to use the Website, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time to ensure awareness of any changes which shall be binding on you.
Any use of the Website other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by the Company.
The User hereby represents and warrants that, to the extent permitted by law, he is authorised to use the Website in his country, that he is of legal age to be bound by these Terms and that he has all necessary power and authority to enter into the Terms.
The User hereby further represents and warrants that he understands the scope and usage of the Website and assumes the risks and implications of using the Website.
Intellectual Property Rights
The Company owns any and all Intellectual Property Rights of the Website including its entire contents, technology, features, and functionality which include but are not limited to all information, software, text, displays, images, video, and audio, and the design thereof, and other rights in relation to the Website itself, its infrastructure and related domains. Any logos, Product and Service names, slogans, trademarks and copyrights on and of the Website are owned by the Company.
The Users may not modify, publicly or privately distribute, reproduce, download, store or transmit content on the Website, including any Content, unless any files are automatically cached by the User’s web browser.
Rights of the Company
Further to any other rights of the Company arising from these Terms, the Company reserves the right at any time and without notice to:
- modify, suspend or terminate the Website or any part thereof;
- delete any Content posted on the Website if in the Company’s reasonable opinion such Content is illegal, does not comply with these Terms or is otherwise harmful to the Website and/or the Users;
- limit, restrict, suspend or terminate the access of any User to the Website or any part thereof;
- delete or block any User Account if the relevant User is in breach of these Terms;
- monitor the Use of the Website to ensure ongoing compliance with these Terms and/or applicable agreements and/or laws;
- investigate any activity on the Website where it is suspected or alleged that such use is unlawful, and to cooperate with any law enforcement agency to assist in any investigation arising out of or in relation to the use of the Website including by disclosing the necessary information about the User’s use of the Website in connection with any ongoing investigation or in response to a lawful court order;
- add, terminate and/or change the Payment Provider provided that the Company shall ensure that any Payment Provider onboarded shall be duly licensed to offer such services and that the Users will be duly notified on the Website in a timely manner.
To make use of the Website, you must register on the Website for a User Account by providing a valid e-mail address and creating a username and password, as well as including your basic details as requested in the registration form. It is of utmost importance and your sole responsibility to ensure that any information provided on the Website is accurate, complete, current and truthful.
As a registered User, you will be able to purchase Products, Services, upload Content through your User Account, participate in the MellowGrowing Scheme, as well as interact with other Users and functions on the Website.
As a registered User, you will also be able to purchase Products and use the Services, in which case you agree to provide details of a payment card or public wallet address to the Payment Provider.
By registering on the Website for a User Account, you hereby confirm that:
- Any and all information provided on the Website is accurate, complete, current and truthful and does not breach any Intellectual Property rights or other proprietary rights of third parties;
- you understand and agree that your payment details are stored by the Payment Provider;
- if you previously had a registered User Acount, such User Account was not suspended or terminated by the Company as a result of a breach of these Terms or any other illegality;
- you are registering a User Account for your sole individual use and will not be selling, renting or otherwise transferring the User Account to a third party;
- it is your sole and full responsibility to keep your login details secure including by not sharing them with third parties and use caution when logging in from a public or shared device;
- you shall inform the Company immediately and without delay if you know or suspect that a third party is making unauthorised use of your User Account.
- Users who have successfully registered a User Account on the Website may buy Tokens and NFTs through the Website, in which case, a wallet capable of receiving such assets is to be created by the User. The User acknowledges that any acquisition of NFT(s) and/or WeedCoin through the Website and any Services paid for on the Website, including for the participation in the MellowGrowing Scheme, shall be non-refundable, except as may otherwise be communicated by the Company.
Account Deactivitation and Automatic Cancellation of Subscription
Should the User wish to deactivate a User Account, the User may do so in the User Account section on the Website. Once an account is deactivated, the User will receive an email confirmation.
If a User Account is deactivated, the User may no longer have access to all Content, Products, Services and/or User Interaction.
By using the Website you consent to receiving communications from the Company electronically, including via emails and messages posted to your User Account. You acknowledge and agree that all communications that the Company sends to you electronically shall satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from the Company, please email email@example.com to notify the Company of the withdrawal of your consent
Use of the Website
The Use of the Website, including the access and subscription to, participation on and/or otherwise use of the Website, shall fully respect and comply with these Terms and the following limitations and conditions.
A User may not:
- Hold more than one personal User Account;
- Use the Website or acquire Products and/or Services for any illegal or unlawful purpose or in any illegal or unlawful manner;
- Falsely suggest or misrepresent a sponsorship, endorsement or other type of affiliation to the Company;
- Make copies of, reproduce, modify or distribute any Content unless otherwise approved by the Company;
- Provide any untrue, inaccurate or incomplete statements or information on the Website and in any Content;
- Use the Website in any manner which prohibits any other User from making proper and full use of the Website or in any manner which causes damages or impairment to the Website and Users’ experience;
- Bring discredit upon the Company’s reputation or any of its interests;
- Create, share or otherwise make available on and/or through the Website, any Content which is not in accordance with these Terms.
- Interfere in any way with the operations of the Website including by attempting any sort of hacking of the Website, the network, the server and/or any system associated with the Website.
Users on the Website shall warrant and confirm that they may not create, share or otherwise make available on and/or through the Website any Content which:
- Is illegal, defamatory, fraudulent, hateful, revengeful, discriminatory, threatening, harassing, violent and/or which in any way incites either of the foregoing or which violates any applicable law;
- Features or makes reference to any minor and any person under the age of 18 years, whether real or digitally created;
- Is in violation of any intellectual property rights and/or other proprietary rights, or which violates the personal property or identity of a third-party;
- Incites, promotes and/or assists any illegal or unlawful activity;
- Promotes drugs, firearms and other weapons;
- Is a means of advertising or promoting third party products.
Users shall grant to the Company the right to use, modify, distribute or otherwise reproduce their Content namely for the purpose of adding the relevant watermarks and texts, and limitedly within the Website and among Users who have access to such Content.
Any Content on the Website which is either reported by another User or which is identified by the Company to be in breach of these Terms or otherwise unacceptable, will be deleted and the relevant User will be notified via email accordingly.
If, following a Company request or at the User’s own initiative, the Users send submissions of creative ideas, suggestions, proposals, plans, or other materials, whether online or through any other means, the User agrees that the Company may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any materials and/or ideas thereby forwarded without the obligation to compensate the User, and any Intellectual Property Rights relating to such materials and/or ideas shall thereinafter be owned by the Company.
The Participation in the MellowGrowing Scheme is subject to the Terms and participation in the MellowGrowing Scheme shall automatically mean that the User has read and accepted the Terms. Over and above the content of the Terms in general, the Sale shall be governed in further detail in this “MellowGrowing Scheme” section below.
1. What is the MellowGrowing Scheme
The Company is an e-commerce platform that encourages and rewards Users for taking a step in real-life cannabis cultivation through a disruptive business model.
MellowGrow’s Project is a perfect compromise allowing Users to grow cannabis without the risks and effort of managing the process themselves and, more importantly, without the costs and the difficulty of obtaining a legal cannabis cultivation licence or upkeep of Land maintenance.
Through the MellowGrowing Scheme, Users can avail themselves of professional services and expertise offered by the Company, and a user-friendly platform through which Users may realise their profits from participating in the MellowGrowing Scheme.
The MellowGrowing Scheme offers its Users the unique ability to take a step in the cannabis industry by having the Company plant, cultivate, harvest and possibly resell the Users’ own Harvested Products, also with a possibility of the User to retain any Harvested Products or possibly resell them.
The User understands and acknowledges that after having chosen his particular plot of Land on the Website and paid the Final Price for the Services (the “Sale”), the Company will furnish the seeds and all the necessary services in order to produce the final product: from the planting of the seeds to the production of the Harvested Products.
The Company will grow the cannabis on behalf of the User on the specific plot of Land chosen by the User himself and finally give the User a choice between trading the Harvested Products or having it delivered at home, where possible. Provided that, if the need arises, the Company retains the right to allocate a different plot of Land to the User in so far as the allocated plot of Land is not smaller in overall sqm than the plot of Land originally chosen by the User.
2. Participation in the MellowGrowing Scheme
The User understands and acknowledges that the seeds may not be planted immediately following the conclusion of the Sale. Upon conclusion of the Sale, the chosen plot of Land would officially be reserved for the User. The User will be informed of the developments throughout the course of the MellowGrowing Scheme.
The User acknowledges that the maximum scope of the services which the User may receive in relation to the chosen plot of Land as provided by the Company or its associates shall include the following: provision of seeds, cloning, rooting, planting, providing the daily maintenance, harvesting, drying, curing, packing, storing, selling and delivering the Harvested Products to the User or the User’s customers, if applicable. Provided that upon the initial Sale, the following services shall be provided: planting, daily maintenance, harvesting, drying, curing, basic packaging and delivery of the Harvested Product to the User. Any additional services that might be available to the Users and as may be requested by the Users from time to time shall be at an additional fee over and above the Final Price paid upon the conclusion of the Sale.
By participating in the MellowGrowing Scheme, the User expressly acknowledges and accepts that he is not acquiring any real property rights on and in relation to the physical land but is purely acquiring cannabis growing and production services from the Company.
3. User’s rights and obligations
The MellowGrowing Scheme shall refer to specific rights of the User in relation to the plot of land and for a minimum period of one harvest (circa 10 weeks), which rights shall include the following:
- Right to choose the plot of Land from the available plots of Land on the Website, which plots shall be denominated in square meters with a minimum of 1sqm per plot;
- Right to receive the Harvested Products at the indicated Delivery Location, where this is possible;
- Right to request the Company to sell the Harvested Products for you, subject to additional charges and provided that the service is available at the time of request;
- Right to receive the profits, less any commissions, from the sales of your Harvested Products;
- Right to withdraw from the Sale within fourteen (14) days from the conclusion of the Sale.
The possibility to resell the Harvested Products, including through MellowGrow or by opening the User’s own MellowStore shall be proposed and made available to User at a later stage but not later than the date of the finalisation of the first harvest.
The User further represents and warrants that:
- He meets all the conditions and requirements provided within the Terms;
- By participating in the MellowGrowing Scheme, he is entering into an Agreement with the Company which shall be regulated by these terms and the Company’s Terms;
The User acknowledges and understands that he is not receiving the accurate yield from its square meter(s), but the User’s yield is calculated from the whole harvest of the fields and distributed to the MellowGrowers in an individualised form. The User understands that the Company processes this way in order to protect the MellowGrowers by spreading a potential risk of crop failure.
The User acknowledges and accepts the risk of harvest failure which is an absent or greatly diminished crop yield relative to expectation, caused by the plants being damaged, killed, or destroyed, or affected in some way that they fail to form flowers, seeds, or leaves in their expected abundance. In the unlikely case of a harvest failure, the User shall not have the right to receive any amount paid in participation of the MellowGrowing Scheme but shall have a right of first refusal to participate in the immediately subsequent harvest.
The Purchaser hereby confirms his understanding of the scope of this agreement and assumes the risks and implications of accepting any and all the terms thereof.
The Plants cultivated by the Company as part of the MellowGrowing Scheme are a natural product and the process itself involves a number of risks, most of which are unforeseen. Therefore, the Company cannot guarantee the final production of the Harvested Products, but shall endeavour to always try to the best of its abilities to produce the best possible quality Harvests and Harvested Products.
The Company cannot and will not guarantee stable prices regarding the Harvested Products on the Website or in the open market.
The total value derived by the User through the participation in the MellowGrowing Scheme, including the value of the Harvested Products and any profits made from the possible resale thereof is contingent on various factors, some of which are outside of the control of the Company and the User such as (but not limited to):
- Current market price of the Harvested Products;
- Laboratory results indicating the Harvested Products non-compliant with applicable regulations;
- The quality of the Harvested Products which in turn is dependent on the weather conditions, fertiliser, irrigation, grid, and other cultivation factors;
- The demand for the Harvested Products.
The User acknowledges, understands and accepts that the Company cannot, directly or indirectly, be held responsible if the value of the Harvested Products is deteriorated due to the realisation of the aforementioned and non-exhaustive factors. The Company is not subject to any obligation of result and the User understands that he has nor right to claim any compensation if the Harvested Products are not delivered in the level of quality expected.This agreement is concluded for one or more Harvest(s) according to the User’s choice at the time of the Sale and shall be terminated with immediate effect after the delivery of the Harvested Products or the listing of the Harvested Products for sale on the Website. This agreement cannot be transferred to any third-party and shall be terminated with immediate effect in case of User’s death.
The Products sold on the Website are not intended to treat, diagnose, cure or prevent any disease. The information, Products and Services presented on the Website are not intended for medical use nor do they make any medical claims, although this website may contain general information of a health nature. Everyone’s experience with cannabinoids is always a little different. Using cannabinoids is a very personalised supplement. The Company cannot ensure a guaranteed or standard reaction for everyone. You should always seek the advice of your physician or another qualified healthcare provider for any questions you have regarding a pre-existing medical condition, if you are pregnant and/or are breastfeeding, and before undertaking any diet, exercise or other health related program.
The Company may list and sell NFT(s) from time to time on the Website. The characteristics of the NFT(s) being sold and the details of the sale will be specified by the Company on the Website prior or during the sale thereof.
Order and Price
You must register your User Account to place an Order and buy any Product or Service on the Website.
The Order process is set out on the Website and each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
By placing your Order, you accept to pay the Final Price of the Products or Services. Prices are in Euro unless otherwise specified.
By confirming and paying your Order you accept all the responsibilities regarding the legality of the Services and of the Products that will be shipped to your Delivery Location. Please note, you are responsible for assuring that the product can be lawfully imported to the destination country. You are the importer of the Products/Services and you shall be aware of any applicable local laws.
The marketing and distribution of cannabis, containing no more than 0.2% THC, is legal in most countries. However, the Company does not take any responsibility regarding legality in specific countries and does not provide legal advice. Due to different legal regulations across the EU, we cannot provide information regarding the legal status of any Product or Service in specific or all the EU countries.
The Company currently provides the following payment methods:
You must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal.
You must have a digital wallet to use Salamantex. Pay quickly and easily with the following cryptocurrencies: Bitcoin, Ethereum, Dash, Nimiq, Litecoin, Ripple or Stellar. The payment transaction is carried out by Salamantex.
You must hold WeedCoin in order to place an Order using WeedCoin as a payment method. If you do not have enough WeedCoin in your wallet, you may top up your wallet by purchasing WeedCoin through the Website. The payment transaction is carried out by MellowGrow.
Shipping and Delivery Policy
We endeavour to have the Products shipped to your Delivery Location after the confirmation of the Order, provided that the Product is available and in stock. If the Product is not in stock, you will be informed either at checkout before completing the Order or by email communication at a later stage. Provided that in the event that after an Order has been completed and payment received it transpires that the Product is no longer in stock, the User will be informed and will be given an option to either receive a refund or a credit note redeemable on the Website.
The shipping prices shall vary depending on your Delivery Location and shall be clearly indicated at checkout.
If we do not ship to your country or we are not able to ship certain Products to your country, we will inform you promptly.
To some countries, the delivery may take longer. Please note, any dates quoted for delivery are approximate only and we shall not be liable for any delay in delivery however caused. All delivery terms are legally non-binding, and failure to comply will not entitle you to cancel your Order.
Due to conditions out of our reasonable control, which by its nature could not be foreseen or, if it could have not been foreseen (a “Force Majeure Event”), there may be delays of the Orders.
For the purpose of this clause “Force Majeure Event” shall include, but is not limited to:
- force majeure events, including acts of God, earthquakes, storms, or other nature events, blockages, embargoes, riots, acts or orders of government, epidemics, pandemics and acts of terrorism or war;
- any labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software bugs or weaknesses, technological changes, changes in interest rates or other financial or monetary conditions.
The delivery may be suspended for a reasonable time in this case. If a serious change in the delivery date occurs, we reserve the right to cancel the order and we will repay you all payments that we have received from you or issue a credit note to be redeemed on the Website.
Any customs and import charges are your responsibility. We do not take responsibility for any Products or Services held by custom or border officials or agencies.
Refund Policy of the Products
In application of article 16 of Directive 2011/83/EU, the User waives his right of withdrawal if the Product is opened, bagged, unsealed, or damaged after delivery. For health, hygiene and security reasons, products cannot be refunded, returned or exchanged once the seal has been broken. If the User makes use of his right of withdrawal, the security seal of the Product must not be cut or broken. The Product must not have been opened or modified and must not show any signs of use. The returned product must be returned in the same condition as it was delivered.
In the unlikely event that you may wish to return a non-opened Product because you changed your mind, you may do so by first contacting firstname.lastname@example.org with your name, address, and Order details. We will then provide an address whereto return the Product and we will service your requests accordingly.
You must return the Products immediately and any return requests must be made within fourteen (14) days from the delivery of the Product and the costs for returning the Order shall be borne by the User returning the Product.
We must repay you all payments that we have received from you, including the delivery costs (except the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen (14) days from the day on which we would have received the returned Products or until you have provided proof that you have returned the Products, whichever is the earlier.
If a Product is damaged in transit we will provide you with a full refund or exchange, and we will cover the shipping costs.
In any of the cases above, please keep your postal return receipt in the unlikely event we fail to receive the Product returned. We aim to process returns within two (2) weeks of receiving the returned Product. We will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
With regards to the Harvested Products pursuant to the MellowGrowing Scheme, the User has the option to request the Harvested Products to be delivered at a Delivery Location. It is important to note that the above rights in relation to the return and exchange of Products do not extend to and apply to the Harvested Products. Taking into account that the participation in the MellowGrowing Scheme is governed by a services agreement, the fourteen (14) days withdrawal period starts running from the conclusion of the relevant agreement.
Privacy and Confidentiality
Nevertheless, the Company shall be entitled, at any time, to request from the User information and/or documentation that the Company, in its sole discretion, deems fit and necessary in order to comply with any applicable law or regulation in connection with the use of the Website. The User agrees to provide the Company with such information promptly upon request, and acknowledges that the Company may delay or suspend the use of the Website until the User provides such requested information and the Company has determined that it is permissible under applicable law or regulation. The Company reserves the right to require more due diligence documentation in compliance with any new or amended regulation which may come into force in the future.
Furthermore, the duty of confidentiality does not extend to communications in furtherance of an illegal purpose nor to documents or facts showing the commissions of a crime or fraud. Moreover, the Company is subject to the duty (without the need to inform the User) to notify the authorities if the Company suspects that any property or money represents proceeds of corruption, drug trafficking or other crime. Moreover, the User acknowledges that the Company is not bound by confidentiality obligations when the disclosure is necessary in the Company’s opinion to protect its own interests.
The Use of the Website at any moment in time, carries with it a number of risks. The User should carefully weigh all the risks and possible costs.The following is a non-exhaustive disclosure of principal risk factors which are considered to be material by the Company in connection with the Use of the Website.
Users should consider these risk factors alongside all other information provided in the Terms before deciding to use the Website. Users should be aware that the risks described herein may combine and thus intensify one another.
By Using the Website, the User expressly acknowledges and assumes the following risks:
- Risk of losing access to the Website due to loss of login details or User error
- Risk of hacking and security weakness
Hackers or other groups or organisations may attempt to interfere with the Website, including, but not limited to denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, and any such similar events which could have an impact on the Use of the Website, the Website, the Content, the NFT(s) and/or any other cryptocurrencies and/or the Tokens.
- Risk of security weakness in the smart contract, Website, NFT(s) and Tokens source code or any associated software and/or infrastructure
There is a risk that the blockchain network used, the Website and the User Accounts may unintentionally include weaknesses or bugs in the source code interfering with the Use of the Website or causing the loss of NFT(s) and/or any other cryptocurrencies and/or Tokens. The source code of the Website is open and could be updated, amended, altered or modified from time to time. The Company is unable to foresee or guarantee the precise result of an update, amendment, alteration or modification to the Website. As a result, any update, amendment, alteration or modification could lead to an unexpected or unintended outcome that adversely affects the Website, the User Accounts, the NFT(s) and/or any other cryptocurrencies and/or Tokens. As a result, User Account, Content, NFT(s) and/or any other cryptocurrencies and/or Tokens may be lost.
- Risk of no Products or Services Availability
There is a risk that Products or Services may not be available to a particular User or in general. The Company does not warrant and/or guarantee that Products or Services will be made available at all times.
- Risk of malfunction of the Website and the whole technical infrastructure
It is possible that the Website interacts with malfunctions in an unfavourable way, including but not limited to one that results in the prevention from the use of the Website. The Company does not warrant that the Website is compatible with all devices and operating systems. It is the User’s sole responsibility to ensure that the Website is compatible with his own device and operating system.
- Risk of malfunction in the Blockchain Network and of competing Websites
It is possible that the NFT(s) and/or any other cryptocurrencies and/or Tokens interact with malfunctions in an unfavourable way, including but not limited to one that results in the loss of NFT(s) and/or any other cryptocurrencies and/or Tokens or prevents their use on the Website. It is possible that alternative websites could be established that utilise the same open source code and protocol underlying the Website and attempt to facilitate services that are materially similar to the Website. The Website may compete with these alternatives, which could negatively impact the Website, including the utility of the NFT(s) and/or any other cryptocurrencies and/or Tokens for the use of the Website.
- Risk associated with uncertain regulations and enforcement actions
It is difficult to predict how or whether regulatory authorities may apply regulatory actions or changes to law and regulation affecting the use of the Website. Regulatory actions or changes to law and regulation could negatively impact the Website and the Company’s business in various ways. The Company may cease operations or interrupt the Website in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable or no longer viable to obtain the necessary regulatory approval/s to operate in such jurisdiction.
The regulatory status of tokens in general, the issuance of NFT(s) and/or Tokens and distributed ledger technology as well as cannabis and CBD products is unclear or unsettled in many jurisdictions and/or continues to evolve. It is difficult to predict how or whether regulatory authorities may apply existing regulation with respect to such industries. It is likewise difficult to predict how or whether regulatory agencies may implement regulatory actions or changes to law and regulation in relation thereto.
The Purchaser understands and accepts that it has no right to recourse as a result of any loss due to circumstances under this clause. Furthermore, the Company may be subject to additional costs associated with becoming fully compliant with any applicable regulations.
- Risk arising from taxation
The User must seek his own tax advice in connection with the use of the Website, which may result in adverse tax consequences to him, including withholding taxes, income taxes, value added tax and tax reporting requirements. The tax characterization of the NFT(s), any other cryptocurrencies and/or the Tokens is uncertain. The Purchaser must seek his own tax advice.
The Company shall not be responsible for any tax obligations of the Users arising out of or in relation to the use of the Website. It is the sole responsibility of the User to withhold, collect, report and remit the correct taxes to the appropriate tax authorities.
- Risk associated with customs
The User is solely responsible for contacting his local customs office for every information related to the legal importation of the Products/Harvested Products in his country. The Order may be subject to import duties and taxes, which are levied once a shipment reaches the User’s country. The User will be responsible for paying additional charges for customs clearance. The Company does not have any control over these charges and cannot predict what they may be as customs policies vary widely from country to country. The Company cannot be held responsible and cannot resend or refund Orders which have been seized, confiscated or destroyed by customs. The Company does not cover any additional charges for customs clearance.
- Risk of insufficient interest in the Website, Products, Services, NFT(s) or Token(s)
It is possible that the Website, the NFT(s) and/or the Tokens will no longer be accessed and/or used by a large number of individuals, companies and other entities or that there will be limited interest in the Use of Website, the NFT(s), the Tokens, the Products and/or the Services. Such a lack of use or interest could negatively impact the development of the Project in general, including the potential value and utility of NFT(s) and/or the Tokens.
- Internet transmission risks
There are risks associated with using the Website, NFT(s) and/or any other cryptocurrencies and/or Tokens including, but not limited to, the failure of hardware, software, and Internet connections, or other technologies on which the Use of the Website may rely on. Such failures may result in disruptions in communication, errors, distortions or delays when using the Website, the NFT(s) and/or any other cryptocurrencies and/or Tokens.
- Risk of dissolution of the Company
It is possible that due to a number of reasons, including but not limited to, a decrease in the interest in the Project, the failure of commercial relationships, or intellectual property ownership challenges, unfavourable market conditions and added compliance and regulatory obligations, the use of the Website may no longer be viable or the Company may need to cease trading and be dissolved and liquidated.
- Risk arising from lack of governance rights
Since the NFT(s) and/or the Tokens do not represent or confer any ownership right or stake, share or security or equivalent rights, intellectual property rights or any other form of participation relating to the Company, all decisions involving the Company will be made by Company at its sole discretion, including, but not limited to, decisions to issue more NFT(s) and/or Tokens, as well as to sell or liquidate the Company. These decisions could adversely affect the use of the Website and the utility and value of the NFT(s) and/or the Tokens that the Users may hold.
- Regulatory risks and market risks
The Company and the Website are subject to a variety of domestic and/or EU and international laws, regulation and directives, including those with respect to privacy and data protection, consumer protection, data security, and others. These laws, regulations and directives, and the interpretation or application of these laws, regulations and directives, could change from time to time. In addition, new laws, regulations or directives affecting the Company, the Use of the Website, the NFT(s), any other cryptocurrencies and/or the Tokens could be enacted, which could impact the utility of such assets and their use on the Website. Additionally, the Users are subject to industry-specific laws and regulations or licensing requirements. If any of the Parties fails to comply with any of these licensing requirements or other applicable laws or regulations, or if such laws and regulations or licensing requirements become more stringent or are otherwise amended, this could adversely impact the Use of the Website and the Project in general.
The Purchaser hereby accepts the risk that in some countries, the NFT(s) and/or the Tokens might be considered, now or in the future, a security token. In this case the Company gives no representations, warranties or guarantees that the NFT(s) and/or the Tokens are not considered to be security tokens in all countries. The User hereby accepts to be solely responsible for the legal, financial and any other risks connected to the NFT(s) , and/or the Tokens as a security in his country and to be responsible to check whether purchasing, holding, use and transfer of such assets is legal in his country. The User hereby accepts to be solely responsible for the legal, financial and any other risks connected to the use of the Website and the acquisition of Products or Services in his country and to be responsible to check whether such use is legal in his country.
Any change in the Company’s tax status, or in taxation legislation, could affect the value of its financial holdings, its business and the Company’s ability to achieve its business objective and continual commitment to the development of the Website.
- General suitability of NFT(s) and any other cryptocurrencies and/or Tokens’s acquisition
The acquisition of the NFT(s) and any other cryptocurrencies and/or Tokens is only suitable for financially-sophisticated persons who are capable of evaluating the merits and risks of such an acquisition, or other persons who have been professionally advised with regard to NFT(s) and any other cryptocurrencies and/or Tokens and who have sufficient financial resources to be able to bear any losses that may arise therefrom (which may be equal to the whole amount spent in connection with the token acquisition).
- Risk of losing access to NFT(s) and/or any other cryptocurrencies and/or Tokens due to loss of private key/s, custodial error or Purchaser error
A Wallet is necessary to purchase, hold and use of NFT(s) and/or any other cryptocurrencies and/or Tokens. The Purchaser hereby understands that he is responsible for setting up the Wallet with a third-party provider to hold NFT(s) and/or any other cryptocurrencies and/or Tokens and he is responsible for implementing reasonable measures for securing the Wallet. Accordingly, loss of requisite private key/s associated with the Wallet will result in loss of such asset(s) held within. Moreover, any third party that gains access to such private key/s, including by gaining access to login credentials of the Wallet that the Purchaser uses, may be able to misappropriate the User’s assets held therein. Additionally, the User’s failure to follow precisely the procedures set forth in the Website and the Terms for acquiring and receiving the NFT(s) and/or the Tokens including but not limited to, the provision of the wrong Wallet address for receiving the NFT(s) and/or the Tokens may also result in the loss of such asset(s).
- Risk of mining attacks
As with every blockchain network, the NFT(s) and/or the Tokens are susceptible to attacks by miners in the course of the transaction’s validation on the relevant blockchain network, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the NFT(s) and/or the Tokens, including but not limited to, accurate execution and recording of transactions involving the NFT(s) and/or the Tokens.
- Risk of uninsured losses
Unlike bank accounts or accounts at some other financial institution, the NFT(s) and the Tokens are uninsured unless the Purchaser specifically obtains private insurance to insure them. Thus, in the event of loss of NFT(s) and/or the Tokens or loss of their value, there is no public insurer or private insurance arranged by the Company to offer recourse to the User.
- Risk of no listing or low/no liquidity
The NFT(s) and the Tokens are intended to be used solely on the Website and the Company will not (except as otherwise indicated in the Terms) support or otherwise facilitate any secondary trading on an exchange or the secondary market or the external valuation of the NFT(s) and the Tokens, which are all beyond the scope and purpose of the Website. This restricts the contemplated intended use of the NFT(s) and the Tokens only to the Website and could therefore create illiquidity risk with respect to such asset(s) that the Users owns, holds, or purchases. Even though there are currently online services available which enable exchange of cryptographic tokens, there are no warranties and guarantees that the NFT(s) and the Tokens will be made available for exchange with other cryptographic tokens and fiat money, and no guarantees are given whatsoever with regard to the capacity and volume of such exchange/s. It shall be explicitly cautioned that such exchange or secondary market, if any, might be subject to poorly-understood regulatory oversight, and the Company does not give any warranties in regard to any exchange or secondary market services providers. Users, if applicable, might be exposed to fraud and failure affecting those exchanges. In any case, the Company shall not commit to any endeavours to list the NFT(s) and the Tokens on such exchanges or any secondary markets.
- Other inherent risks
The User understands and accepts the inherent risks associated with the Use of the Website, to the extent not covered elsewhere in the Terms, including, but not limited to, risks associated with (a) money laundering; (b) fraud; (c) exploitation for illegal purposes; and (d) any other unanticipated risks.
The User hereby represents and warrants that he will take sole responsibility for any restrictions and risks associated with the use of the Website. If any of the risks mentioned in the Terms are unacceptable or the User is not in the position to understand, the User should not use the Website.
- Unanticipated risks
In addition to the risks indicated in the Terms there are other risks associated with the User’s use of the Website, the acquisition of Products, Services, NFT(s) and/or the Tokens, including some that the Company cannot or may not anticipate. Such risks may further materialise as unanticipated variations or combinations of the risks discussed in these Terms.
The User hereby represents and warrants that he will take sole responsibility for any restrictions and risks associated with the Use of the Website, the Products, the Services or purchasing, holding, use and/or transfer of NFT(s) and/or Tokens. If any of the risks mentioned in these Terms are unacceptable or if the User is not in the position to understand it, he should not use the Website or purchase, hold or use NFT(s) and/or Tokens.
Further to the risks in relation to taxation as outlined in the Terms, the User bears the sole responsibility to determine and comply with any actual or potential tax liability, if any, resulting from the use of the Website. The Company is not in any way and under no condition bound to compensate for the User’s tax obligations or give any advice related to tax issues, including but not limited to what kind of filing or reporting needs to be done with the competent tax authority, which taxes and to which extent the User is obliged to pay, which tax exemptions the User is eligible to, or any other similar verifications and/or obligations. You should consult your own tax, legal and accounting advisors before engaging in any transaction.
Limitation of Liability and Indemnity
The Company shall not be liable for any of the following losses, including but not limited to increased or additional costs, loss of profits, loss of revenue or income, loss of opportunity, loss of bargain, loss of time, loss of data or consequential, incidental, special, indirect losses as may be incurred or suffered by the User for any reason including but not limited to as a consequence of the non-exhaustive list of risks described in these Terms (even if such damages or losses are foreseeable or even if the Company has been advised of the possibility of such damages or losses).
The User acknowledges that the Website and all of its services and features are provided without warranties of any kind, express or implied and to the fullest extent permitted by law, the Company disclaims any and all warranties, express or implied, with respect to the Website and all of its services and features, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
The Company does not warrant or guarantee the accuracy, usefulness, completeness or reliability of the Website or the results of your use of the Website. The Company disclaims any and all liability and responsibility arising from any reliance placed on such materials by the Users or any other visitor to the Website, or by anyone who may be informed of any of its contents including the Contents, the Services and the Products. The Company does not guarantee that the Website and all of its services and features will be available at any particular time or location or that any or all its services and features will be secure, uninterrupted, error-free, free from viruses or harmful components, or that any defect or error will be corrected.
The User is responsible for implementing sufficient procedures and checks to satisfy his particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. The User’s use of the Website and its services and features will be solely and entirely at the User’s own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
The Company shall not be held liable in the event that Content, Services or Products acquired from the Website are illegally distributed by another User or third party. However, where such distribution does occur, the effected User or third party shall immediately contact the Company and and inform the Company about such illegal distribution.
The Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. These may include links contained in advertisements and sponsored links. The Company has no control over the contents of any third-party sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The User further acknowledges and agrees that in no event shall the Company be liable for any damages, losses, diminution in value, charges, liabilities, claims (including claims of negligence, tort or quasi-tort or other breach), demands, actions, suits, proceedings, payments, judgments, settlements, awards, assessments, deficiencies, interest, penalties and costs and expenses (including reasonable attorneys’ and consultants’ fees and expenses) imposed on, sustained, incurred or suffered by, or asserted against the Company, directly or indirectly relating to or arising out of the User’s use of the Website and/or any Content on the Website at any moment in time, including but not limited to any breach by the User of these Terms or violation of any law, rule, or rights of a third party. The User agrees to indemnify the Company for any legal fees or other costs that are incurred by the Company or any other indemnified parties as a result of the User’s actions.
Furthermore, the Company shall not be responsible for any losses or damages arising in connection with:
- force majeure events, including acts of God, earthquakes, storms, or other nature events, blockages, embargoes, riots, acts or orders of government, epidemics, pandemics and acts of terrorism or war;
- any labour disputes or other industrial disturbances, electrical, telecommunications, hardware, software bugs or weaknesses, technological changes, changes in interest rates or other financial or monetary conditions;
- reliance on any information contained in the Website (except from these Terms), any error, omission or inaccuracy in any such information or any action resulting from such information;
- any interaction between Users which is not in accordance with these Terms or which is agreed upon between the Users directly.
For the purpose of this limitation of liability clause the “Company” shall be deemed to include any directors, officers, members, employees, agents, attorneys, representatives, affiliates and associates of the Company.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitations may not apply to you. In such case, the Company’s total and aggregate liability to you arising out of or related to your use or inability to use the Website or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, to one hundred Euro (€100.00).
The Company may terminate or suspend the User’s access to the Website without prior notice or liability for any reason whatsoever, including but not limited to, cases where the User breaches the Terms. Nothing in these Terms or in any other communication or action by the Company or its directors, officers, members, employees, agents, attorneys, representatives, affiliates and associates should be construed as a waiver of any legal remedies available for any event causing termination.
All provisions of the Terms which by their nature should survive termination, shall survive termination, including but not limited to, limitations of obligations or liability and indemnity.
Assignability and Transferability
The Company may at its own discretion, assign, transfer, license, subcontract or otherwise transfer or alienate in any other manner all or any part of its rights, benefits or obligations with regards to the Website, the Services, the NFT(s) and/or the Tokens to any person without restriction.
Changes to the Terms
The Company may, in its sole discretion and for any reason, revise or make changes to the Terms from time to time and without prior notice by posting the revised version of the Terms on the Website and, if a revision to the Terms is material, the Company will make a notice of such on the Website or otherwise notify the User of the new Terms. The revised Terms will take effect immediately upon publication by the Company and revised terms will not apply retroactively. If the User does not agree to the modified terms, he should discontinue the holding and use of the Token and the Website. It’s the User’s responsibility to check the Website periodically for changes.
Severability and Waiver
If any term, clause or provision of the Terms is held to be unlawful, void or unenforceable, then that term, clause or provision will be severable from the Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of the Terms.
No waiver of any term set out in these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between the Parties and supersede and extinguish all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to this subject matter.
Governing Law and Dispute Resolution
By accepting the Terms, the User hereby agrees that the legal relationship between the Company and the User and the questions concerning the construction, validity, enforcement and interpretation of the Terms shall be governed by and construed in accordance with the laws of Malta, excluding its conflicts of laws provisions.
Any dispute, controversy or claim arising out of or relating to or concerning these Terms, or the breach, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of Malta Arbitration Act, Chapter 387 of the Laws of Malta and shall be regulated by the Arbitration Rules, in force from time to time, promulgated under the authority of the said Act. The User waives any right it may have to object to any action being brought in the forum, to claim that the action has been brought in an inappropriate forum, or to claim that the forum does not have jurisdiction.