Last Updated: May 15, 2024
Welcome to Path Way Garden. These Terms and Conditions ("Terms") govern your access to and use of the Path Way Garden website, located at pathwaygarden.com (the "Site"), and any services, content, and functionality offered through the Site.
Please read these Terms carefully before using our Site. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site.
Throughout these Terms, the following definitions apply:
By using our Site, you represent and warrant that:
If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
Some features of our Site may require you to create an account. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with these Terms or if we suspect unauthorized or fraudulent use of your account.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Path Way Garden, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use. This license does not include:
The Path Way Garden name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Path Way Garden or its affiliates. You may not use these marks without our prior written permission.
Any content you submit, post, or display on the Site is your responsibility. You represent and warrant that:
By submitting User Content to the Site, you grant Path Way Garden a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution methods now known or later developed.
We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of these Terms.
You agree not to engage in any of the following prohibited activities:
We strive to display accurate product information, including descriptions, pricing, and availability. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.
All prices displayed on the Site are in the currency indicated and do not include taxes, shipping, or handling unless otherwise specified. We reserve the right to change prices at any time without notice.
By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for all purchases you make on the Site.
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
The Site may contain links to third-party websites or resources. These links are provided solely for your convenience and do not imply our endorsement of those websites or resources or any content, products, or services offered by them.
We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
THE SITE AND ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Path Way Garden, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Path Way Garden, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Kingdom, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
If you have any concerns or disputes about the Site, you agree to first try to resolve the dispute informally by contacting us. If we are unable to resolve the dispute informally, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the London Court of International Arbitration.
Notwithstanding the foregoing, you agree that we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
No waiver by Path Way Garden of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Path Way Garden to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Path Way Garden regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to check this page periodically for changes to the Terms.
If you have any questions, concerns, or comments about these Terms, please contact us at:
Path Way Garden
5 Mitchell Junction
Lake Beckyton, SE18 7QX
United Kingdom
Email: [email protected]
Phone: +44 890 591 3765
