User Account; Contact Information. You must create an account with the App in order to gain access to all of the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and you are solely responsible for keeping your account password secure. You must be at least 18 years of age and competent to use the App and enter into this Agreement; by using the App you represent that you are of such age. You must notify us immediately of any breach of security or unauthorized use of your account. By providing us with your e-mail address or other contact information (including mailing address), you consent to our using such contact information to send you notices, including any notices required by law.
In order to procure equipment from us you must agree to the terms of an equipment Master Services Agreement (MSA). You must carefully review, understand, and consent to the terms of the MSA prior to your acceptance thereof. The MSA may be provided to you in electronic format. You shall be provided with a copy of your MSA by e-mail. A "soft pull" credit check may be performed in order to inform whether Pada Ventures, Inc, will extend "credit" in the form of NET Payment Terms. In the event you are denied services from Pada Ventures, Inc., due to your credit score (also known as an "adverse event"), and in compliance with the Fair Credit Reporting Act (FCRA) and the Risk-Base Pricing Rule, we will provide notice to you in the form of email correspondence. You may be subject to a non-investigative consumer report for our verification of your credit and/or ability to maintain consistent payments for our service prior to our delivery of equipment pursuant to the MSA. By providing such information to us, you consent and authorize us to obtain and transmit your name, billing address, email address, phone number, and all other relevant personally identifiable information to a credit reporting agency for purposes of verifying your credit history and rating. Please note that we do not independently verify any information provided to us in any consumer report.
GroWrk reserves the right to refuse service to any customer or potential customer. Pada Ventures, Inc's intentions are to protect its employees and contractors, minimizing any tension or personal violation and respecting and servicing the customer fairly. GroWrk reserves the right to refuse service if any unsafe or unreasonable behavior or situations are encountered, including but not limited to: 1) Violent, threatening, or discriminatory behavior, 2) Personally insulting, yelling, or cursing/swearing, 3) Intoxication, 4) Theft, 5) Non-conforming to delivery requirements, including: i) The safety of the environment (to include parking and unloading areas, doorways, stairways, elevators, and anywhere delivery teams must travel or spend time in throughout the delivery), ii) Presenting and matching delivery identification and delivery contacts, 6) Illegal activities.
Delivery shall take place on despatch of the Products to the Customer from GroWrk’s or GroWrk partner's premises for delivery to the Customer’s premises set out in these Conditions, unless otherwise agreed in writing by GroWrk. The Products may be delivered by GroWrk in advance of the quoted delivery date. The Customer acknowledges and agrees that if it requests that GroWrk change the delivery date, delivery address or delivery time previously agreed between the Customer and the Supplier in respect of any Product, this may affect the overall delivery time for all Products specified in the Customer’s order. GroWrk hereby agrees to inform the Customer in the event that the overall delivery time for the Products is so affected. Although dates for delivery are given in good faith, these are indicative only and time of delivery shall not be of the essence. GroWrk shall use reasonable efforts to deliver orders as soon as reasonably practicable and to inform the Customer if there may be any delays in the delivery of the Products. If the Supplier is unable to deliver any Product by the agreed delivery date the Supplier shall not be liable to the Customer for any delay caused as a result of the failure to deliver. If GroWrk fails to deliver the Products within 10 working days of the agreed delivery date, the Customer shall have the right to receive a refund of monies paid to GroWrk only in respect of those Products which the Supplier has failed to deliver within 10 working days of the agreed delivery date.
For any dispute with GroWrk, you agree to first contact us at firstname.lastname@example.org - ATTN: LEGAL and attempt to resolve the dispute with us informally. If we are not able to resolve any dispute after (60) days, we each agree to resolve any dispute (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS. The arbitration will be conducted in Los Angeles County, California, unless you and GroWrk agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys fees and reasonable costs for expert and other witnesses. If you are an individual using the App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
To resolve a complaint regarding the App, you may e-mail us at email@example.com.
Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R. Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by e-mail at firstname.lastname@example.org.
Should you wish to contact us with any questions with respect to the App, you can contact us by e-mail at email@example.com.