Terms of service

TERMS AND CONDITIONS OF SUPPLY AND SALE AND/OR LEASE

This App is owned and operated by Pada Ventures, Inc. ("GroWrk", "we," "us," or "our," as applicable). Your use of this website, or similar online or native mobile application, (collectively, the "App") is conditioned on your acceptance of the following (the "Terms of Use"). By using the App, you signify your agreement to these Terms of Use as well as the GroWrk. Privacy Policy ("Privacy Policy"), incorporated by reference herein. We reserve the right to change, modify or remove content from the App without prior notice for any other reason. We may modify these Terms of Use and the Privacy Policy at any time and at our sole discretion and such modifications shall be effective immediately upon posting new modified policies, terms, and conditions on the App. We reserve all rights not expressly granted under these Terms of Use. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. User Eligibility; 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 be 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. Subscription Agreement; Credit Check; Consumer Report: In order to lease equipment from us you must agree, as "Lessee," to the terms of an equipment lease agreement (the "Subscription Agreement"). You must carefully review, understand, and consent to the terms of the Subscription Agreement prior to your acceptance thereof. The Subscription Agreement may be provided to you in electronic format. You shall be provided with a copy of your Subscription Agreement 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 the subscription. 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 the leased equipment pursuant to the Subscription Agreement. 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. Service Rules and Limitations: You agree not to engage in any of the following prohibited activities in connection with the App: (i) copying, distributing, or disclosing any part of the App in any medium, including without limitation by any "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the App in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time; (iii) transmitting unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could impair the proper operation of the App; (v) uploading invalid or harmful data through the App; (vi) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (vii) bypassing any measures we may use to prevent or restrict access to the App, or (viii) decompiling or otherwise attempting to obtain the source code of the App. We reserve the right to monitor your use of the App to provide guidance and assistance in the use of the App and to monitor your conformance with these Terms of Use. You acknowledge and hereby consent to such monitoring. We reserve the right to permanently or temporarily terminate your access to and use of the App if, in our reasonable belief, you have violated the usage limitations set forth in these Terms of Use. Upon termination of these Terms of Use or your access to the App for any reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. All discounts and promotional codes distributed by Pada Ventures, Inc, expire within one year of offer creation unless otherwise noted. Discount code and promotional code value does not count towards any eventual lease-to-own computed buy-out cost; this includes any discount presented as part of an extension/renewal offer. Unless otherwise noted, all discount codes and promotional offers are limited to one use per customer. Promotional codes are not transferable for cash or GroWrk credit. Promotional codes and discount codes cannot be combined for a given order. Certain products may be excluded from promo codes; these will be indicated when applicable. Right to Refuse: 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: 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 the 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 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 the GroWrk only in respect of those Products which the Supplier has failed to deliver within 10 working days of the agreed delivery date. Products subject to lease: This condition applies only to the lease of the Products by GroWrk to the Customer. It shall not apply to the sale of the Products and Services by GroWrk to the Customer. All Products leased to the Customer or at the Customer’s direction shall remain the sole and absolute property of the GroWrk. The Products shall be leased to the Customer by GroWrk for such term as agreed between the parties in writing. The Customer may request a renewal of the lease upon notifying the GroWrk at least 30 days prior to the start date of the proposed renewal date unless the GroWrk consents to a shorter notice period. If the Customer does not wish to renew the lease, GroWrk will contact the Customer in writing 30 days prior to the end of the current lease term to arrange collection of the Products. If the GroWrk is unable to confirm collection for any Product within 7 days prior to the end of the term of the lease, GroWrk shall have the right to charge the Customer an amount equal to one month’s rent for such Product as specified in the order. If the collection address is different from the delivery address specified by the Customer in the order, the GroWrk reserves the right to charge the Customer for any additional costs associated with the collection of the Products from the collection address. The Customer agrees that the Customer or its representative shall be present at the time of any collection of the Products in order to sign the GroWrk’s collection form and confirm that the Products being collected are in the same condition as they were when initially supplied by the GroWrk to the Customer subject to reasonable wear and tear. The Customer acknowledges and agrees that GroWrk will only lease Products to the Customer for the duration of the warranty period given by the manufacturer of such Products, such warranty period to be specified by the GroWrkr to the Seller at the time of the order. At the end of the manufacturer’s warranty period, GroWrk will arrange for the recovery of the Products from the Customer unless otherwise agreed in writing by GroWrk. The Customer acknowledges and agrees that GroWrk shall check the Products for any damage at the time of collection of such Products. The Customer further acknowledges and agrees that GroWrk shall have the right to charge the Customer for costs associated with the repair of any damage that is reasonably considered by the GroWrk to be beyond reasonable wear and tear or, where such damage is not capable of being repaired or where the cost of doing so exceeds the cost of replacing the Product, the Customer agrees that GroWrk has the right to charge the Customer for the cost of replacing the Product. The Customer acknowledges and agrees that it is the responsibility of the Customer to inform GroWrk immediately of any damage to Products which are leased to it. If the Customer discovers any damage to a Product, it will cease to use such Product immediately. Having been informed by the Customer of any damage to a Product, GroWrk will assess whether it believes there is a risk that, as a result of such damage, the Product is no longer fit for purpose. If GroWrk so believes, the Customer will (or will procure that the relevant user of the Product will) ensure that it does not use the Product until repaired or replaced by the GroWrk. Repair and Replacement Service: This condition shall apply to the lease of the Products by GroWrk to the Customer. It shall not apply to the sale of the Products by the GroWrk to the Customer unless otherwise agreed in writing by the parties and subject to payment by the Customer to the GroWrk of any additional amount which GroWrk may specify. GroWrk shall provide to the Customer the Repair and Replacement Service. For the purposes of this condition, Repair and Replacement Service means: The Customer may make a written report to GroWrk of any fault with the Products. Within 3 working days of its receipt of such report and provided GroWrk is given access to the relevant address within standard business hours, the GroWrk or its representative shall attend the address where the Products are held in order to inspect the Products. Having inspected the Products, the GroWrk shall determine the reason for the fault. GroWrk shall repair or replace the Products at GroWrk’s cost. This condition shall not apply where the GroWrk determines (at its sole discretion) that the reason for the fault is failure by any user of the Product to act in accordance with the manufacturer’s instructions or where the fault is due to accidental or deliberate damage by any person. Within 3 working days of receipt of the reported issue, GroWrk shall repair the Products at the location where such Products are held if GroWrk reasonably deems such on-site repair to be possible and shall provide the Customer with a report of any such on-site repair. Otherwise, GroWrk shall collect the Products and shall repair them offsite and will re-deliver such Products to the address from which they were collected within 3 business days of such collection. As an alternative to repair, GroWrk may replace the Products with products which are determined by GroWrk (at its sole discretion) to be the same as or similar to the Products originally supplied by it to the Customer. GroWrk's right to replace the Products apply where GroWrk is unable to repair the Products or where the cost to GroWrk of replacing the Products is less than the cost to of repairing the Products. Where the Products are held at a different address to the delivery address specified by the Customer in the order, GroWrk reserves the right to charge the Customer for any additional costs associated with the inspection of the Products at the address; the collection of Products from the address; and the delivery of replacement Products or repaired Products to the address. Growrk shall notify the Customer of such fact in writing and the Customer shall be responsible for the cost to the Supplier of attending the address where the Products are located for the purpose of its inspection. Having received a notification under this condition, if the Customer wishes GroWrk to repair or replace the Products, the Customer shall notify GroWrk to carry out such repair or replacement but at the Customer’s cost. The Repair and Replacement Service shall not be available to the Customer for any period beyond the duration of the warranty period given by the manufacturer of the Products, as specified by the Supplier to the Customer at the time of its order. A customer will not be denied service for the following: 1) Race, 2) Religion, 3) Gender/gender identity, 4) Age, 5) Disability, 6) Nationality, or 7) Sexual orientation. Before GroWrk refuses service, the GroWrk Remote Customer Experience team will intervene and attempt to resolve the situation. If refusal of service is pertaining to a new customer, and all equipment is in like-new condition in GroWrk’s possession, any pre-paid monetary transactions will be canceled and issued a refund within 48 hours. Where the GroWrk has leased the Products to the Customer, GroWrk agrees to recover and recycle at the GroWrk’s own cost Products supplied by it to the Customer where the Customer no longer requires such Products. The Customer shall ensure that all Products are emptied of personal belongings before they are collected and GroWrk shall not be liable for any loss or damage in respect any personal belongings as a result of the Customer’s failure to do so. All Products supplied to the Customer or at the Customer’s direction shall remain the sole and absolute property of the GroWrk, notwithstanding delivery, installation and assembly, until: payment in full for all the Products has been received in cash or cleared funds by GroWrk; and all accounts due from the Customer to GroWrk have been paid in full, and until such time the Customer shall hold the Products to the order of GroWrk. Until such time as GroWrk has been paid in full, the Customer shall ensure that all Products are stored separately and in such a way as to be readily identifiable as the property of the Supplier and easily removable by the Supplier. The Customer shall ensure that the Products are properly maintained in the condition in which they were delivered and shall make good any damage or deterioration. In the event of non-payment (in whole or in part) by the Customer by the due date GroWrk shall be entitled in addition to all other rights during normal business hours to enter upon any land or premises where the Products may for the time being be and recover possession of them. GroWrk may take such measures as may be reasonably necessary to enter such land or premises and remove the Products. Even if the property in the Products may not have passed to the Customer, GroWrk may maintain an action for the price of the Products once payment has become due to GroWrk, provided that property shall pass to the Customer once full payment has been made to GroWrk. Limited License: The information provided to you by us in connection with the App (the "Content") is our property of and/or proprietary to us. We hereby grant you a limited, nonexclusive, nontransferable and non-sublicensable right and license, solely for your personal or internal business use to use the App and the services provided thereon. You may not duplicate, copy, resell, license, display, publish or otherwise redistribute any portion of the Content or create derivative works from any materials or content accessible on the App. Nothing contained herein shall be construed as conferring to you, by implication or otherwise, any license or right under any copyright, patent, trademark or other proprietary right of ours. The Content may be provided to us by third-parties and by governmental and/or regulatory agencies. And while we take commercially reasonable steps to verify the validity of such data, we make no representation or warranty with respect to the accuracy, currency or completeness of such third-party data. Third-Party Links: The App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the App, you do so at your own risk, and you understand that these Terms of Use and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the App, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. Disclaimers; Restrictions; Indemnification: EXCEPT AS EXPRESSLY PROVIDED HEREUNDER, THE APP AND GOODS AND/OR SERVICES OFFERED, INCLUDING ALL CONTENT PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULTS OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM OR LOSS CLAIMED BY YOU OR ANY THIRD-PARTY RELATING TO BUSINESS DECISIONS MADE BY YOU AS A RESULT OF YOUR USE OF THE APP AND THE CONTENT. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE APP OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, TO YOU OR ANY OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WHERE WE HAVE BEEN ADVISED OR HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE APP OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GROWRK’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID TO GROWRK OVER THE PRECEDING THREE-MONTH PERIOD. You warrant that you will not use the App to conduct or engage in unlawful activities; to violate any law or regulation; or to violate or infringe upon our rights or the rights of any third-party, including without limitation, contractual rights, intellectual property rights, and privacy rights. You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, assigns and licensors from any and all claims, demands, liability, judgments, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to any breach of any warranty, representation, covenant or agreement made by you in these Terms of Use. Arbitration: For any dispute with GroWrk, you agree to first contact us at hello@growrk.com - 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. Complaints / Law Enforcement Contact: To resolve a complaint regarding the App, you may e-mail us at hello@growrk.com. Note for California Users: 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 dca@dca.ca.gov. Miscellaneous: You agree that GroWrk shall be deemed solely based in California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notice. No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to maintain the App and/or provide the Content as a result of conditions beyond our control such as, but not limited to, war, strikes, fires, floods, governmental restrictions, power failures, natural disasters, acts of terrorism, pandemics or damage or destruction of any network facilities or servers, shall not be deemed a breach of these Terms of Use. Contact: Should you wish to contact us with any questions with respect to the App, you can contact us by e-mail at hello@growrk.com.