Introduction
These terms and conditions of use (the “Terms”) explain how you may use this website ("Site"). References in these Terms to the Site includes www.veggiecropper.com and all associated web pages. You should read these Terms carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should cease using the Site immediately. If you have any questions about this website, please contact lettucehelp@veggiecropper.com.
Definitions:
“Clients” means any organization or person which uses the website for including but not limited, planting schedules, tracking harvests, and placing orders;
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
“Trial account” means a user-created account that has never incurred a subscription expense;
"we", "us" or "our" means Cropper, whose registered office is at 45 Hamilton Street, Kingston, Ontario K7K 1P1;
“you” or “your” means the person accessing or using the Site or its Content.
Privacy Policy. By using the website or by clicking to accept the terms and conditions contained in this Agreement, you accept and agree to be bound and comply with these terms and conditions and our Privacy Policy, found at www.veggiecropper.com/privacy. If you do not agree to these terms and conditions or the Privacy Policy, you must not access or use the Website.
This Site is intended for and directed to individuals over the age of 18 years. Individuals under the age of 18 years old (“Minor(s)”) may view content on the Site but may not register an account until express written consent from a parent or guardian is provided by email to lettucehelp@veggiecropper.com.
Accessibility. We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the Content, please contact us at lettucehelp@veggiecropper.com.
Restrictions on Use
The Site is for your business use only. As a condition of your use of the Site, you agree:
not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
not to defame or disparage anyone or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
not to use the Site to distribute viruses or malware or other similar harmful software code;
not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms.
We reserve the right to investigate, suspend, and terminate accounts that are suspected of operating more than one farm business.
We reserve the right to delete inactive accounts in accordance with paragraph 9b.
We reserve the right to temporarily or permanently modify or discontinue an aspect of our services without notice.
We reserve the right to monitor all comments to remove any content which we consider to be inappropriate, offensive or otherwise in breach of these Terms.
Ownership, Use, and Intellectual Property Rights
This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us. We reserve all our intellectual property rights (which includes without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Terms grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to manipulate any intellectual property notices contained on the Site and in particular in any digital rights or other security technology contained within any Content.
Trade-marks and Trade names may be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these Terms is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
Submitting Information to the Site
The Site is not a secure means of communication and any information you supply to us may not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
You represent and warrant that any Content you supply to us is and shall be your own original work, has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
Accuracy of Information and Availability of the Site
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. The Contents provided for your general information purposes only and to inform you about us and our services and news, features and other websites, which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site.
Level of Users
The Site allows you to register for one of three account levels. The levels and their degrees of accessibility related to the Site are:
“Crew” users have access to limited Site features and functionalities;
“Manager” users have full access to the Site’s features and functionalities but do not have access to account information; and
“Owner” users have full access to both the Site’s features and functionalities and account information.
Hyperlinks and Third-Party Sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party's website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
Warranties and Limitation of Liability
To the maximum extent permitted by applicable law, WE EXCLUDE ALL LIABILITY (WHETHER ARISING IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) WHICH WE MAY OTHERWISE HAVE TO YOU AS A RESULT OF ANY ERROR OR INACCURACIES IN ANY CONTENT, THE UNAVAILABILITY OF THE SITE FOR ANY REASON, AND ANY REPRESENTATION OR STATEMENT MADE ON THE SITE.
We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
Cropper does not make any representation or warranty of any kind regarding any organization that it has included in the Website.
Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for any statutory rights which are not capable of being excluded.
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Financial Terms
Cropper provides its first-time users with a 15-day free trial. Cropper may extend trials on a case by case basis. After the trial period is complete, payment is required to continue using features and plans in paid subscriptions. Free features will remain available to all accounts.
We reserve the right to delete your account after two years from the last date the account was used.
All fees do not include taxes and fees required by the taxing authorities.
We reserve the right to adjust pricing of our services at any time, upon the provision of 30 days’ notice communicated on the Site and such notice to be sent by email to all Users.
You recognize that we use a third-party payment processor and are not responsible or liable for the loss or abuse of credit card or other financial information as a result of a security breach or other errors by the third-party payment processor.
Account credits are not refundable.
Choice of Law and Choice of Forum
Choice of law. This Agreement, and all matters arising out of or relating to this Agreement, is governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision, principle or rule (whether of the Province of Ontario or any other jurisdiction). The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and Ontario's International Sales Convention Act, R.S.O. 1990, c. I.10 does not apply to this Agreement.
Choice of forum. Any action or proceeding arising out of or relating to this Agreement and all transactions contemplated hereby will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. The parties irrevocably and unconditionally waive any objection to the venue of any action or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such action or proceeding brought in any such court has been brought in an inconvenient forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement and all contemplated transactions, including but not limited to contract, equity, tort, fraud and statutory claims, in any forum other than the courts of the Province of Ontario and any appellate court from any thereof. Each Party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by action on the judgment or in any other manner provided by law.
General
No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our new Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
All notices from you to us must be in writing and sent to our contact address at lettucehelp@veggiecropper.com, and all notices from us to you will be displayed on our website from time to time.
If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These Terms (including the Privacy Policy) contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms to any other person.
The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.