This is the Privacy Policy ("Policy") of EZY Gardening Pte Ltd (collectively the " EZY").

You have been directed to this Policy because a company within the EZY is collecting, using or disclosing your personal data.

In this Policy, when we use "we", "us" or "our", we refer to the company (within the EZY) which is collecting your personal data, or which is operating the website which you are accessing or using.

This Policy applies to all personal data that you may provide to us and the personal data we hold about you. By providing us with your personal data or by accessing, using or viewing the applicable website or any of its services, functions or contents (including transmitting, caching or storing of any such personal data), you shall be deemed to have agreed to each and all the terms, conditions, and notices in this Policy. If you do not agree, please cease useof the relevant website(s) and/or service(s) and DO NOT provide any personal data to us.

1. What personal data is collected

1.1 When you use our website, any service we provide or in your interaction with us, the personal data we may collect includes:-

a) Data collected directly from you. This may be done through this website, over the phone, by email, or in person when you meet our staff or representatives. The data collected may include, but is not limited to:

your contact information, including your (first and last) name, (billing and/or delivery) address, birthdate and email address and, optionally, your telephone number. We need your e-mail address and (optionally) telephone number so that we may contact you if we have questions or information for you regarding your order or the service that we are providing or will provide to you;

other information required to be able to process your order or to provide you with the service, such as information concerning the products you have ordered or the service we are providing to you, the billing and/or delivery address, banking and/or credit card details;

if you have created an online profile or account, the preferences and interests stored in such profile or account (please see below for further information concerning the profiles); and

if you have contacted customer service, the details of this contact and the contact history.

b) Data collected by automated means. Various technologies may be used on our website and our mobile and web-based applications in order to make them more user-friendly, effective and secure. Such technologies may lead to data being collected automatically by us or by third parties on behalf of us. This data does not generally, but may, contain a user's personal data. Examples of such technologies include:

Click-stream data. A visit to one of our websites results in data that is transmitted from your browser to our server being automatically collected and stored by us or by third parties on behalf of us. This data can include, in particular, the following:

-the visitor's IP address

-the date and time of the visit

-the referral URL (the site from which the visitor has come)

-the pages visited on our website

-information about the browser used (browser type and version, operating system, etc).

Cookies. A number of places on our website and our mobile and web-based applications make use of cookies. These are essentially small text files that are stored on your computer's hard drive or your user device by your web browser. We can use cookies to identify the owner of a user account and to store articles in a shopping basket during the purchasing process. In other words, cookies help to make our website or our (mobile and web-based) applications more user-friendly, more effective and more secure. The cookies usually used by us are so-called "session cookies", which are automatically deleted at the end of the visit to the relevant website. By default, web browsers enable the use of cookies but this function can also be disabled. However, this will result in some services not being available. It is also possible to manually delete cookies after their use via the web browser. More information may be available from your web browser provider.

Flash cookies. A particular form of cookie is the flash cookie. In contrast to normal cookies, these cookies are not created and saved by the web browser but are governed by the Adobe Flash plug-in. These can contain more information than normal cookies and cannot be deleted or disabled via the browser; this is only possible if you follow instructions available from the Adobe Flash Player website. You can also obtain more information about these cookies on that website.

Web beacons and tracking links. Web beacons (also known as pixel tags and clear GIFs) involve graphics that are not apparent to the user. Tracking links and/or similar technologies consist of a few lines of programming code and can be embedded in our website or our (mobile) applications. In conjunction with cookies, these are primarily used for statistical analysis purposes. This technology can also be used for tracking traffic patterns on websites, as well as finding out if an e-mail has been received and opened and to see if there has been any response.

Web analytics. Web analytics is the term given to a method for collecting and assessing the behaviour of visitors to websites and (mobile) applications. This includes the analysis of traffic patterns in order, for example, to determine the frequency of visits to certain parts of a website or (mobile) application, or to find out what information and services our visitors are most interested in. For these purposes, we primarily make use of click-stream data and the other techniques listed above. Web analytics are carried out by Google Analytics and/or other selected parties. You can find out more information about the processing of web analytics data by Google Analytics in paragraph 7 below.

2. How is the collected personal data used

2.1 We use your personal data for the purposes of serving you. This includes, where applicable:--

-providing you with the products and services that you have requested e.g. notifying you regarding the status of your order or delivery, assessment of your creditworthiness (for which we may use third parties);

-ensuring that your transactions on our websites are safe and secure;

-providing you with a convenient shopping experience;

-contacting you for feedback after a sale of a product or service; and

-resolving any problems or disputes you may encounter in relation to our products and services.

2.2 We may also use your personal data for purposes connected or relevant to the business of the EZY, such as:-

-complying with legal and regulatory obligations and requirements;

-enforcing obligations owed to the EZY;

-researching and developing new products and services or improving existing products and services of the EZY;

-accounting, risk management, compliance and record keeping purposes;

-carrying out research, planning and statistical analysis; and

-staff training.

2.3 Your personal data may also be anonymised for use by the EZY for other purposes.

2.4 If you have consented, your personal data may be used by the EZY for the purposes of marketing products and services offered on the website or other products or services offered by the EZY or those of its strategic partners or business affiliates e.g. informing you of latest activities, special offers, promotions or sending you newsletters.

2.5 In order for us to market products and services which are of special interest and relevance to you, we may analyse and rely on your overall interaction with us (such as but not limited to your shopping behaviour in e-shops, your use of loyalty programmes, your ratings and reviews of products, your contact history with our customer service, your newsletter clicks/ opening results, your surfing behaviour (web tracking), the newsletter types you are subscribed to, your participation in promotions or events, your interactions with us and your use of (mobile) applications).

2.6 If you have contacted us with any complaints, feedback, comments, suggestions, we will use and disclose your personal data (including your contact history) to respond to you and provide you with the best service possible. If you are the complainant and you do not want us to disclose your identity to the party you are complaining about, you must let us know immediately. However, it may not always be possible to handle your complaint on the basis of anonymity.

2.7 When using your personal data to contact you for the above purposes, we may contact you via regular mail, fax, e-mail, SMS, telephone or any other electronic means.

2.8 If we need to use your personal data for any other purposes, we will notify you and obtain your consent beforehand. You will be given the opportunity to withhold or withdraw your consent for the use of your personal data for these other purposes.

3. Disclosure of information

3.1 We will not sell your personal data to third parties.

3.2 We will only disclose your personal data to third parties where you have provided us consent, and in the situations expressly set out in in this Policy. If you have consented to receiving marketing information from us, our strategic partners and business associates, we will be disclosing your personal data to them.

3.3 Your personal data may be disclosed and shared within the EZY to allow us to provide the products and services which you have requested.

3.4 We may disclose or share your personal data with third parties (including other companies within the EZY) who provide necessary services to us, such as:-

-service providers and data processors working on our behalf and providing services such as hosting and maintenance services, analysis services, e-mail messaging services, delivery services, handling of payment transactions, solvency check and address check, etc; and

-our consultants and professional advisers (such as accountants, lawyers, auditors).

3.5 We will also disclose your personal data to third parties in order to comply with legal obligations or industry requirements. This includes disclosures to legal, regulatory, governmental, tax and law enforcement authorities.

3.6 Our website may have the functionalities to allow you to share your personal data with other third parties such as other users of our website. You are responsible for your choice(s) and are deemed to have provided consent for any sharing of your personal data in the manner provided by the website.

3.7 You fully understand and consent that we may transfer your personal data to any location outside of Singapore for the purposes set out in this paragraph 3. When transferring your personal data outside of Singapore we will protect your personal data to a standard comparable to the protection accorded to your personal data under the Singapore Personal Data Protection Act 2012 by ensuring that the recipient is either in a jurisdiction which has comparable data protection laws, or is contractually bound to protect your personal data.

4. Third Parties

4.1 This Policy only applies to our website and information that we collect from you. Our websites may contain links to other websites which are not owned or maintained by us. When visiting these third party websites or disclosing your personal data to third parties (including buyers or sellers on our website), you should read their privacy policies, or ask relevant questions before you disclose your personal data, We are not responsible for the collection, use or disclosure of your personal data by such third parties.

5. Social Networks

5.1 Our website and mobile or web-based applications may provide you with social plug-ins from various social networks (such as Facebook and Twitter). If you choose to interact with a social network, your activity on our website or via our mobile or web-based applications will also be made available to social networks such as Facebook and Twitter.

5.2 If you are logged in on one of the social networks during the visit of one of our websites or mobile or web-based applications, the social network might add this information to your profile. If you are interacting with one of the social plug-ins, this information will be transferred to the social network. In case you do not wish such a data transfer, please log off on your social network before you enter one of our websites or mobile or web-based applications.

5.3 We cannot influence this data collection and data transfer via the social plug-ins. Please read the privacy policies of those social networks for detailed information about the collection and transfer of personal data, what rights you have and how you can achieve satisfactory privacy settings.

6. Geo-location Services

6.1 Our website and mobile or web-based applications may offer location-enabled services, such as Google Maps and Bing Maps. If you use those mobile or web-based applications, they may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location. You are always asked if the geo-location service can be activated and you can also object to this geo-location service within the respective mobile or web-based application.

7. Web analytics by Google Analytics

7.1 Our website and mobile or web-based applications may contain web analytic services provided by Google Analytics. This means that when you visit our website or use any mobile or web-based applications, a cookie will be stored on your computer or mobile device, except when your browser settings do not allow for such cookies.

7.2 This further means that when you visit our website or use any mobile or web-based applications, the personal data described above in paragraph 1.1 - including the "click-stream data", the data from "web beacons and tracking links" and information stored in Google Analytics' cookies - will be sent to Google Analytics for analysis for and on behalf of us. Please note that if you have created an online profile at our website or mobile or web-based application and if you are logged on in this profile, a unique number identifying this profile will also be sent to Google Analytics in order to be able to match the web analytics data to this profile.

7.3 Google Analytics acts as our agent, which means that we solely determine the purposes for which the data is being used. You can find out more about the relationships between Google Analytics and us in the Google Analytics' privacy policy.

7.4 If you do not wish information about your behaviour at our website or any mobile or web-based applications being collected and assessed by Google Analytics, you can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) to not send your site visit information to Google Analytics. The browser add-on is available for most modern browsers. The Google Analytics opt-out browser add-on does not prevent information from being sent to the website itself or in other ways to web analytics services.

8. Retargeting Technologies

8.1 Our website and mobile or web-based applications may use retargeting technologies within the internet. This enables us to show our visitors, who were already interested in our shop and our products, advertisement from us on partner websites.

8.2 We also work with other companies who use tracking technologies to serve advertisements on our behalf across the Internet. These companies may collect non-personally identifiable information about your visits to our websites or mobile or web-based applications and your interaction with our communications, including advertising.

8.3 Retargeting technologies analyse your cookies and display advertisement based on your past surfing behaviour. For further information on cookies, please refer to paragraph 1 of this Policy.

8.4 We do not store any personal data about you with this technology.

9. Security

9.1 We endeavor to take precautions to ensure that the information you have provided is protected against unauthorised or unintended use, access or disclosure. However, we cannot be held responsible for unauthorised or unintended use, access or disclosure that is beyond our control.

10. Disclaimer

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FOR ANY LOSS OF REPUTATION OR GOODWILL, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STRICT LIABILITY, STATUTE OR OTHERWISE, SUFFERED AS A RESULT OF UNAUTHORISED OR UNINTENDED USE, ACCESS OR DISCLOSURE OF YOUR PERSONAL DATA.

11. Changes to this Policy

11.1 We may amend this Policy from time to time. The amended Policy will be publicized on our website.

12. Your Rights

12.1 If you have any questions about the processing of your personal data or about our Policy, if you do not accept the amended Policy, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your personal data, you are welcome to contact us. The contact details are:

Attention to : William Quek

Email : [email protected]

Telephone number : 9733 8567

Mail : 12 Hoy Fatt Road, #06-01, Bryton House, Singapore 159506

12.2 All requests for correction or for access to your personal data must be in writing. We will endeavor to respond to your request within 30 days, and if that is not possible, we will inform you of the time by which we will respond to you.

12.3 We may be prevented by law from complying with any request that you may make. We may also decline any request that you may make if the law permits us to do so.

12.4 In many circumstances, we need to use your personal data in order for us to provide you with products or services which you require or have requested. If you do not provide us with the required personal data, or if you do not accept the amended Policy or withdraw your consent to our use and/or disclosure of your personal data for these purposes, it may not be possible for us to continue to serve you or provide you with the products and services that you require or have requested.

12.5 We may charge you a fee for responding to your request for access to the personal data which we hold about you, or for information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and respond to your request after payment is received.

13. Complaints

13.1 You may send complaints regarding our handling of personal data in the following ways:

-be addressed to the EZY Data Protection Officer at:-

-provide the name, contact number and address of the person submitting the feedback

-provide the relevant details required such as the relevant time period, our employees or who involved, or copies of relevant documents.

13.2 All complaints will be evaluated by EZY in a timely manner. After EZY has completed its evaluation, the EZY Data Protection Officer (or a duly appointed representative) will respond to the person who submitted the complaint or feedback, with the results of the evaluation.

14. Governing Law

14.1 This Policy is governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Courts of Singapore in any dispute relating to this Policy

OVERVIEW

This website is operated by EZY Gardening Pte Ltd. Throughout the site, the terms “we”, “us” and “our” refer to EZY. EZY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on EZY. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall EZY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless to EZY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].

Policy effective date: 1 April 2021

EZY Gardening Pte Ltd. (“EZY”) extends the following Limited Warranty, which applies only to non-commercial, in-home, indoor use of the EZY’s Harvest series (“Harvest”). Any other use of the Harvest shall void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the Harvest will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty. The Limited Warranty applies for the following components of the Harvest only, for the time period indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Harvest remains in the possession of the original purchaser, or, for gifted Harvest, the owner of the original Subscription attached to that Harvest.

HARVEST COMPONENTS: 6 MONTHS

EZY warrants the components and all original parts of the Harvest other than against defects in workmanship and materials for a period of 6 months from the date of purchase.

LABOUR: 6 MONTHS

For Harvest originally assembled by an authorized EZY technician, EZY will cover the labour cost for the repair or replacement made under this Limited Warranty for a period of 6 months from the date of purchase.

Exclusions and Limitations

Who and what is covered:

The original owner of the Harvest. The Harvest must remain in the possession of the original purchaser, or, for gifted Harvest, the owner of the original subscription attached to that Harvest. This Limited Warranty is not transferable. If a defect arises in the Harvest or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Harvest to, at EZY’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Harvest or component with the same or a comparable model. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.

What is NOT covered:

Any EZY products or services, non-EZY products or labor, units that are, or that EZY reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside the Singapore.

Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair (other than that caused by an EZY authorized service technician), use of the Harvest with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Harvest, or any use contrary to the instructions in the EZY Guide.

Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by EZY.

Incidental or consequential damages.

EZY is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment, software or parts. EZY does not provide monetary or other compensation for any such repairs or replacement parts costs.

Any attempt to move or repair Harvest creates a risk of injury and property damage. EZY is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than a EZY authorized service technician. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and EZY shall have no liability for any injury to person or property arising from such attempted moves or repairs. In addition, labor may no longer be covered if you move outside of EZY’s service area.

Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by EZY or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.

Any disputes between you and EZY related to this Limited Warranty or the Harvest will be governed by the then-current dispute resolution procedures in EZY’s Terms of Service, available at www.ezy-garden.com .

*This limited warranty is the exclusive warranty given by EZY Gardening Pte Ltd and supersedes any prior, contrary or additional representations. All other warranties, express or implied, including any statutory warranty or condition of merchantability or fitness for a particular purpose, are disclaimed except to the extent prohibited by law. In such event, such warranty is limited to the duration of the warranty periods set forth above. This exclusion applies even if this warranty fails of its essential purposes and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.

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We highly encourage any customer who purchases a EZY’s Harvest series, vegetable grower machine to reach out to our support team at [email protected] to answer any question or get support on starting their device.

If you wish to initiate a return during the 6 months warranty from the date of purchase, please contact us at [email protected] and subject to the conditions below:

1.EZY’s Harvest’s warranty doesn’t cover ordinary wear and tear, or damage caused by improper use or accidents subject to the terms of our limited warranty.

2.Because of the size and weight of the machine, we do not offer a refund for any shipping charges you may have paid to receive your machine.

3.EZY’s Harvest machine shall be returned in its original packaging, complete and in perfect condition. Restocking fees apply.

4.It is the customer’s entire responsibility to ensure that the machine arrives at the office of EZY Gardening Pte Ltd and in perfect condition. The cost of delivery for returning the device shall be borne by the customer and will be deducted from the amount refunded.

If you are not satisfied with EZY’s Harvest series, you can return it within 7 days from the date of purchase:

If you return a product that is missing accessories that were delivered to you, the retail price of those items will be deducted from your refund.

Please note restocking fees and administration fees (apply only for monthly subscription) could apply.

Return Method and Timing

Your refund will be processed after the item has been received by us and we have assessed the item’s condition.

Accessories / Parts

No return/ refund will be made on accessories / parts purchased independently.

By placing an order on this www.ezy-gardening.com , you are agreeing to the following terms and conditions:

1. About us

1.1 Ezy Gardening Pte Ltd, company number 202036856G (we and us), is a company registered in Singapore and our registered office is at 12 Hoy Fatt Road, #06-01, Bryton House, Singapore 159506.

1.2 Please read these terms (Terms) with care. These Terms govern your subscription for the vegetable grower machine (“Subscription”).

Contacting us. To contact us telephone our customer service team at 9733 8567 or email [email protected].

2. Acceptance

By purchasing a Subscription, you represent that:

(1) you have read, understand, and agree to be bound by the Terms, and

(2) you are of legal age to form a binding contract with the company.

3. Our contract with you

The Terms are the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms.

4. Orders and cancellations

In order to purchase a subscription with us, we will require your name, email address, and payment details. Once an order has been successfully placed and accepted we'll send you an order confirmation email to the email address entered during the checkout process.

All subscription requests received are subject to acceptance by us, and we reserve the right, at our absolute discretion, to reject any order without giving reasons. In the event of rejection, we will refund or cancel any payments received in full, via the payment method used to place the order.

5. Timing of your order

As a part of the checkout process you will be able to select the delivery date for your first order delivery. Some delivery options are not guaranteed but this will be detailed when you select the option and in a confirmation email.

6. Changes to your order

If you wish to change your subscription, please do so via the "My Account" area or by contacting us. We'll always do our best to make last-minute changes for you, but we can only guarantee changes (including to the delivery address) that are requested by 9am, 10 days before the intended delivery date.

7. Cancellation policy

Subscriptions can be cancelled within 14 days of the placing of the order and refunded in full (except in relation to any deliveries which have either already been made or related to which the timing of the cancellation and the timing of the next delivery are not within the timeframes related to one-off orders described above).

8. Pausing or cancelling your subscription

If you wish to change your subscription, please do so via the "My Account" area or by contacting us. You can pause or cancel a subscription at any time by providing notice to us by 9am 15 days before any intended delivery within your subscription plan. Please be aware that cancellation may incur fees which will be on a reducing balance method plus $200 administration fee.

9. Payments

1. We accept American Express, Visa and MasterCard credit and debit cards as well as Paypal.

2. You will be billed on a recurring basis every month in line with your subscription.

3. We never store or have access to your credit or debit card details.

10. Delivery policy

1. We deliver by post and via selected courier companies.

2. All delivery charges are included in the price of your subscription.

3. In the event of a delay, we are unable to offer a refund or to resend your delivery.

4. We cannot guarantee that delivery instructions will be followed.

5. Timed deliveries are not available.

11. Non Delivery

While we do everything we can to make sure our flowers are delivered, sometimes mistakes do happen and deliveries don't turn up. If we fail to deliver your order (i.e. if your flowers have not arrived within 3 days of their intended delivery date) we will send you a free replacement on our next available delivery date, or a refund. If we offer you a refund, we will refund you the full amount within 3 days. Please note that banks might take an additional 3-5 days to refund the amount on your card.

12. Circumstances beyond our control

We shall not be liable for failure to perform our obligations as a result from any of the following: (i) Acts of God, (ii) outbreak of hostilities, riot, civil disturbance, acts of terrorism, (iii) the act of any government or authority (including refusal or revocation of any licence or consent), (iv) fire, explosion, flood, fog or adverse weather, (v) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles, (vi) default of suppliers, sub-contractors or delivery partners, (vii) theft, malicious damage, strike, lock-out or industrial action of any kind, and (viii) any cause or circumstance whatsoever beyond our reasonable control.

13. Liability

1. Our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your order with us shall in no circumstances exceed the price pf your annual subscription.

2. We exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected to your contract with us.

14. Intellectual property

1. All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

2. You must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

3. You license (i.e. permit) us to use your user generated content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails. User generated content includes but is not limited to your comments, photos, recipe ratings and reviews.

15. General

1. We reserve the right to supplement and amend these Terms and Conditions from time to time. We will post any changes on the website and it is your responsibility as a customer to review the Terms and Conditions. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new Terms and Conditions.

2. We do not guarantee that our website will be uninterrupted or error-free and we will not be responsible for any losses arising from such errors or interruptions. Additionally, we reserve the right to suspend, restrict or terminate access to the website, for any reason at any time for repair, maintenance, improvement or other technical reason, and to make changes to them.

3. In respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.

16. Governing Law

These terms shall be governed by the laws of Singapore and you agree to submit any dispute to the jurisdiction of the courts of Singapore.