Terms and Conditions

Grow My Garden Terms and Conditions

Grow My Garden is owned and run as a trading division of Intwood Ltd, a company incorporated in New Zealand.
By signing up to be a member of the Grow My Garden community, members accept these Terms and Conditions.

Grow My Garden has the right to amend these Terms and Conditions for any reason and will post any amended Terms and Conditions on the Grow My Garden website. It is the responsibility of Grow My Garden members to ensure that they remain up to date with Grow My Garden Terms and Conditions.

Purpose of Grow My Garden

The purpose of Grow My Garden is to provide a marketplace and online community forum.

When members buy, sell or swap plants via the Grow My Garden website, any contract is between the plant lister and the plant acquirer. Grow My Garden is not acting as an agent or a party in any listing/acquiring transaction.
Grow My Garden has no liability (including in the case of Grow My Garden negligence) for:

  • any actions or interpretations taken, or any outcomes of any actions or interpretations taken, by any members or users of Grow My Garden as a result of any interactions they have with Grow My Garden, or interactions with other Grow My Garden members or users
  • the non-supply of plants by listers
  • the non-acquisition of plants by acquirers
  • the safety, legality, or biosecurity risk of any plant

Grow My Garden has the right to delete members from Grow My Garden at any time and for any reason. Grow My Garden will have no liability to a member for any consequences that member might suffer if they are removed from Grow My Garden.

Listings

Members must describe all listings accurately and not intentionally mislead or misrepresent any plant they have listed.

Members will list plants in the most appropriate category(s). Grow My Garden may at its own discretion, move a listing to a more appropriate category.

Members must have the legal right to use any photo images that they use in plant listings and warrant that their use of a photo image does not infringe the copyright of others.

Members give Grow My Garden the right to use all the details for any of the members listing(s) (including images) for any purpose relating to the promotion of Grow My Garden or the Grow My Garden community.

Members give Grow My Garden the right to include all details for any of the members listing(s) (including images) in Grow My Garden databases for any purpose.

Grow My Garden members agree to be contacted by other Grow My Garden members wanting to acquire a plant item(s) from the listing member.

Members commit to timely communications and transaction(s) once contacted by another Grow My Garden member enquiring about the members listing.

Once a plant has been sold, swapped or given away members will promptly remove the listing.

Members agree to manage their plant listings. Grow My Garden may contact a member if they have plants listed but have not been active on the site for more than 60 days. Any listing that has been inactive for more than 90 days may be removed by Grow My Garden.

Plants

Grow My Garden is not to be used for promotion or selling of any other goods other than plants.

Members agree not to list for sale any illegal plants or plants that are on the Ministry of Primary Industries (MPI) Biosecurity New Zealand National Pest Plant Accord list (https://www.mpi.govt.nz/protection-and-response/long-term-pest-management/national-pest-plant-accord/ . It is the obligation of the member to be aware of what plants are illegal and what plants are listed on the MPI site.

Members agree not to list plants that would breach the Plant Variety Rights Act 1987.

Members who are selling plants via Grow My Garden are in trade and must comply with the New Zealand Consumer Guarantees Act and the Fair Trading Act.

Grow My Garden has right to remove any plant offered for sale, swap or give away that is in Grow My Garden’s view not in the spirit or scope of the purpose of Grow My Garden or if Grow My Garden has any concerns whatsoever about the plant being offered. Grow My Garden will attempt to communicate with the member listing a plant before removing any plant.

Use of the Knowledge Pot

The Knowledge Pot is to be used for the exchange of information relating to plants and gardening only and not for any other purpose. It is not to be used for commercial purposes, or any selling, soliciting or promotional purposes.

Grow My Garden has access to all Knowledge Pot posts and has the right to moderate all posts and comments including removal of posts and comments.

Members agree not to post any obscene or offensive or defamatory or illegal items or comments.

Use of Personal Information

Members’ personal data will be used by Grow My Garden for administering the website.

Members’ personal data will not be shared with any 3rd party except for development or administration of the Grow My Garden website and then only to the extent needed for the 3rd party to deliver its services.

Only a member’s username and location will be shown on the member’s plant listing(s).

Members’ contact information will not be shared with other Grow My Garden members.

Members agree to having their contact details provided to another member when enquiring about a plant listed on the Grow My Garden site.

Members are entitled to access their personal information and update/amend this information.

Member activity on the Grow My Garden website may be used anonymously and/or in an aggregated form by Grow My Garden for purposes of website analytics, or further website development or development of other commercial offerings.

Membership

Members agree to provide accurate and currently valid personal details and to keep these up to date. Grow My Garden will not be liable for any losses a member incurs as a result of incorrect member information.

Members agree to be contacted by Grow My Garden via their contact details.

Grow My Garden has the right to delete members from the Grow My Garden website if Grow My Garden believes that the member has intentionally used false or misleading information for purposes that are not in the best interests of Grow My Garden and/or other Grow My Garden members, or if Grow My Garden has concerns regarding any aspect of a member’s activities on the Grow My Garden website. Grow My Garden will have no liability to a member for any consequences that a member might suffer if they are removed from the Grow My Garden website.

Members can end their membership at any time by sending an email to [email protected]

Complaints Process

If you have any concerns about another member or their activities on the Grow My Garden website, a plant listing or any other aspect of the Grow My Garden website, you can send an email to [email protected] where it will be duly considered.