Terms and Conditions

Last updated: January 2024

The website www.WeWeed.co.uk (the “Website”) and the associated mobile application (“App”) are operated by WeWeed Limited, a company registered in England and Wales under number 13940251 with its registered office at 15 Boston Road, Henley on Thames, Oxfordshire, RG9 1DY (“WeWeed”, “we”, “our” or “us”).

Definitions

The following definitions, in addition to those set out herein, apply in these Terms and Conditions:

“Content” means any information, text, graphics, logos, photographs, images, moving images, sound, illustration and other materials in any media form submitted or sent by Users to other Users or WeWeed, through their use of the Service, including as displayed in their Profile;

“Platform” means the App and the Website, including all Services made available via the App and the Website;

“Profile” means the information held by WeWeed about a User of the Platform, such information having been submitted by the User to whom the information relates to;

“Services” means the Membership Services and the Additional Services;

“User” means any person who registers their details on the Platform, including Gardener/s and Garden Owners (whether on a free or paid-membership basis);

“Gardener/s” means any person or User who registers their profile on the Site for the purpose of generating contact with other Users and namely (Garden Owners) to glean paid work as a gardener. ‘Gardener/s’ are self- employed and, as such, have no employment benefits or rights as ‘employees of Us’. Gardeners are not insured by Us. 

“Garden Owners” means any person or User who registers their name address and other contact details on a form with the purpose of getting in contact with a Gardener or User to offer them paid work or to take advice.       

“Discount Code” means a unique code purchased or purchasable from Us or an authorised third-party vendor or online intermediation service that can be redeemed against and entitle the User to access the Additional Services.

1. Acceptance of Terms

1.1 Your access to and use of the Platform is subject to these Terms and Conditions. By using the Platform you are deemed to have agreed to the terms, conditions and disclaimers contained in these Terms and Conditions. If you do not agree to these Terms and Conditions, you must immediately stop using the Platform and remove the App from your device.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Platform following any change(s) shall be deemed to be your acceptance of such change(s). We will publish all updates and amendments to these Terms and Conditions on this page Please check this page regularly to take notice of any changes we have made, as these will be binding on you.

2. The Basic Services

2.1 The Platform provides a introduction service for Users who are Garden Owners (“Garden Owners”) and Users who would like to be gardeners (“Gardener/s”). This is enabled through various services, tools and facilities accessible on the Platform (the “Services”), including:

• creation of a Gardener/s Profile, with information about their skills and availability as a gardener.
• access to a searchable database of these Profiles.
• creation of a Garden Owners contact form with information about themselves and their garden needs
• Links to forums, other websites and help pages
• An online gift shop which is available for any users of the platform

2.2 There may be variations in the features or interface design accessible through the App. You acknowledge that specific functions may need to be completed on the Website.

2.3 You must be at least 18 years old to register for an account on the Platform and use the Basic Services. By registering for an account, you warrant that you are at least 18 years old.

2.4 Use of communication tools, such as email, WhatsApp groups, messaging, bulletin boards, chat areas, news groups, forums, push notifications, reviews and/or other messages or communication facilities which enable Users to communicate with each other, provide feedback on other Users and, in particular, to arrange a preliminary meeting between a Garden owner and a Gardener are strictly to be used within the parameters of GDPR, that is to say that any personal details of any users obtained through use of this website must not be shared to third parties without their express permission.

3. Additional Services for Paid Members

3.1 Additional services, tools and facilities are accessible on the Platform only to Users who have paid for membership (the “paid membership”), including:

• Access to the contact details of the Garden Owners that send you messages via the Site (as described in clause 3.2)
• Benefits from discounts from Third Party organisations and businesses (as described in clause 3.3)
• The use of forms to send as invoices to the Garden Owners. (as described in clause 3.4) and
• Automated requested feedback and reviews to be populated on Profile (as described in clause 3.5)  

3.2 As a Paid Member, we permit you to access the contact details of Garden Owners who are enquiring as to your services as a Gardener. They are to be used to arrange a preliminary meeting between Gardener/s and Garden Owners. You must not use these details for any other reason than to communicate with them about your services as a Gardener. It is not permissible under GDPR regulations to pass on, publish or to sell Users information to any third party.

3.3 Gardener/s who have a Paid Membership are permitted by Us to access discounts available via Discount Codes. These discounts are provided by third-parties (businesses that are separate from Us) As such, your use of third party discounts shall be subject to their terms and conditions and privacy policy (available on their websites which are included in the email with the discounts codes)  and we shall not be liable for any loss or damage that you may suffer or any claim that may arise in relation to your use of, or inability to use, third party services, other than our agreement to pay for your access to such services.

Third-party offers and terms & conditions of these offers and discounts may be changed or withdrawn without notice to Us and therefore our Users. We are not liable for any deemed unfairness of third-party Discounts. Users must take any complaint up with third-parties directly. We and third-parties, offering discount codes, reserve the right to put time limits or change the discounts or codes and update or change them without notice if and when necessary. Discount codes must not be passed on to any other persons and discovery of this will lead to permanent deletion of Users accounts.          

3.4 Users understand that We are an introductory service and so the use of forms, as invoices, are for Users clerical assistance only and that We are not liable or responsible to the Users for calculation of tax or for poor debts incurred by the Garden Owners or for any payment disputes between Users. Users should save invoice forms as documents on a separate device or server as back-up to ensure they have historic copies as We do not take responsibility for lost invoices and documents as a result of an outage of the Platform. Gardener/s should take advice from third party, qualified professionals, to advise them on book-keeping or management of business accounts.         

4. Privacy & Cookies

See our Privacy Policy and Cookies Policy at https://www.WeWeed.com/privacy-policy, which is hereby incorporated into these Terms and Conditions by reference, for more information about how your personal data will be used.

5. User Account, Password & Payment

5.1 When you sign up for an account on the Platform, as a Gardener, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services.

You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security.

In no event will WeWeed be liable for any loss or damage whatsoever resulting from your disclosure of your username and/or password. You may not use another person’s account at any time.

5.2 In addition to signing up for a basic account on the Platform, you may choose to register to become a Full Member. As consideration for the Additional Services provided to a Full Member, a Full Member must pay fees in accordance with the membership fee when selected by them.

A Full Member may do this either:

• on the Website, in which case the below terms of this clause 5 shall apply to his/her purchase of the Additional Services; or
• on the App, in which case his / her purchase of the Additional Services will be from iTunes SaRL and subject to iTunes terms and conditions available at http://www.apple.com/legal/internet-services/itunes/uk/terms.html(not clauses 5.3 – 5.7). For the avoidance of doubt, a Subscribed User’s use of Additional Services purchased on the App will still be subject to these Terms and Conditions. Please note that purchases made via the App will automatically renew at the end of the subscription period. The subscription can be cancelled at any time by logging in to your Apple ID account settings.

5.3 As a Full Member who purchases the Services on the Website, you hereby authorise us to bill you via your preferred payment method, details of which you provide to us during the registration process, for the applicable fee in advance on the date of registration and each month thereafter for the duration of your account. The fees: (a) shall be payable in the currency indicated in the membership plan selected by you, (b) are not non-refundable and (c) are inclusive of any applicable sales tax.

5.4 If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Platform and we shall be under no obligation to re-enable the same until such fees have been paid.

5.5 We reserve the right to vary the fees in accordance with these Terms and Conditions. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Platform after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).

5.6 WeWeed reserves the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.

6. Pledges

6.1 If you are a Gardener, you pledge that you will provide complete, accurate and up-to-date information about you and your gardening profile and your availability to work.   

6.2 If you are a Gardener or a Garden owner, you pledge that you will read our safety protocols and that you will be responsible, and take all reasonable precautions, to safe-guard yourself and that of anyone to whom you enlist services for or on behalf of.  

6.3 As a Gardener you pledge that you will purchase insurance as is appropriate and that as a self-employed contractor you will declare your income to HMRC as required by law.

6.4 As a Gardener you pledge to read and inwardly digest our Gardener/s code of conduct on the website and do your very best to deliver the best service, in accordance with your profile, to the Garden owner.   

6.4 The above pledges are made as between the Gardener and the Garden Owner, and are not guaranteed by WeWeed. In no event shall WeWeed be responsible or liable to you as a result of the failure of a Garden Owner or Gardener (as applicable) to comply with the above pledges.

7. Acceptable Use

7.1 You acknowledge that Content, whether posted publicly or transmitted privately, is the sole responsibility of the person from whom such Content originated.

We do not control, endorse or guarantee the accuracy, integrity or quality of such Content.

As such, you acknowledge that by using the Services you may be exposed to Content that is incorrect, misleading, offensive and/or indecent.

WeWeed will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Platform and you agree to bear all risks associated with the use of any Content, including reliance on the accuracy or completeness of such Content.

7.2 In using the Platform, you agree not to:

• send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
• post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
• post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
• threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
• make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
• advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility expressly allows such messages;
• impersonate any person or entity for the purpose of misleading others;
• violate any applicable laws or regulations;
• use the Platform in any manner that could damage, disable, overburden or impair the Platform or interfere with any other party’s use and enjoyment of the Platform;
• post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
• attempt to gain unauthorised access to the Platform, other accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means; or
• accept or seek payment from another User. In particular, you agree that you will not use the Platform to make financial gains (whether pecuniary or otherwise).

7.3 We have no obligation to monitor the Services of Gardener/s but shall be entitled to review Content transmitted via the Platform and, at our sole discretion, to remove any Content that breaches these Terms and Conditions or is otherwise objectionable.

8. Termination

8.1 You may terminate or downgrade your account on the Platform at any time, for any reason, without explanation, by cancelling your free and/or paid membership for additional Services. If you decide to upgrade to a paid membership again, at a later date, you may be required to pay a higher rate if we put our fees up in the meantime.  

8.2 Terminating your Paid membership will not delete your profile but will stop access to additional services. Cancelling your free membership will hide your profile from public view and will stop any communications from us.  For details about how we store your data please see our privacy statement.      

8.3 WeWeed reserves the right to do any of the following without notice and in its sole discretion:

• terminate these Terms and Conditions;
• suspend or terminate your access to all or part of the Platform (including deletion of your account); and/or
• remove your account information or data from the Platform, including Profiles, and any other records,

in the event you commit a material or persistent breach of these Terms and Conditions, do not fully complete your profile within 2 weeks signing up as a basic member, Platform is discontinued, we lose the right to provide you with the Platform or where the provision of the Platform or a particular Service becomes unlawful.

8.4 In the event your account for your membership or the Additional Services is terminated by us (excluding termination due to your breach of these Terms and Conditions), you may request a refund for any unused portion of fees that you have paid to WeWeed for the Additional Services.

8.5 Following termination of these Terms and Conditions for any reason:

• all rights, licences and permissions granted to you under these Terms and Conditions shall cease;
• you must immediately stop using the Platform (including uninstalling the App) and shall not register for another account unless expressly permitted by WeWeed; and
• WeWeed reserves the right to notify other Users with whom you have communicated of such termination.

8.6. If you have purchased any third-party services via voucher or promotional codes you must approach these companies directly for any request of any cancelations, refunds or termination of agreement. See 3.3.

9. 9. International Use

9.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

9.2 Unfortunately, you may only use the Services if you are resident in a country in which we operate.

11. 11. Intellectual Property Rights

11.1 We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. In accessing the Platform you agree that you will access its contents and use the Services solely for your personal, non-commercial use.

The Platform, including parts of it, may not be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Platform for personal, non-commercial home use only.

11.2 WeWeed does not claim Ownership of any Content you post, upload or submit to any publicly accessible area of the Platform. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content on the Platform. This licence shall be terminated when such Content is deleted from the Platform by either party. With your permission, we may also use your Content in other types of media, including social media platforms, for promotional purposes.

12. 12. Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless WeWeed, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of:

• your use of or inability to use the Platform;
• any Content transmitted by you on the Platform;
• your violation of any terms of these Terms and Conditions or your violation of any rights of a third party; or
• your violation of any applicable laws, rules or regulations when using the Platform.

13. 13. Disclaimers and Limitation of Liability

13.1 The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. WeWeed makes no warranty that material on the Platform (including the Content) will be accurate or reliable, that the functionality of the Platform will be uninterrupted or error free, that defects will be corrected or that the Platform or that the server that makes the Platform available is free of viruses or anything else which may be harmful or destructive.

13.2 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform meet your requirements. You assume full responsibility for results obtained from the use of the Platform, and for conclusions drawn from such use.

13.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence up to the limit specified in clause 13.7, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you entered into these Terms and Conditions.

13.4 If you arrange to meet an Garden Owner or a Gardener through the Platform, the obligations arising in relation to the meeting(s) or work carried out are directly between you and the Garden Owner or Gardener (as applicable) and we will have no responsibility to you in connection with these meeting(s) or work sessions, including the cancellation or delay of any the meeting(s) or work sessions any dispute between you and the Garden Owner or the Gardener (as applicable) about the meeting(s) / work sessions. As such, and by way of example, in the event of you suffering injury, illness or death as a result of any act or omission of any Garden Owner or Gardener (or any other person), you (as an Garden Owner) having any complaint about the quality of the Gardener, or you (as a Gardener) having any complaint about the Garden Owner you have partnered with, you acknowledge that your sole right of redress will be against that person. You agree to take all necessary precautions when communicating with or meeting other Users.

13.5 We only allow use of the Platform for domestic and private use. You agree not to use the Platform for any commercial, business or re-sale purposes, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.6 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of WeWeed for: (i) death or personal injury as a result of our negligence; or (ii) fraud or fraudulent misrepresentations by WeWeed; or (iii) any other liability which cannot be excluded or limited by law.

13.7 Subject to clause 13.6, WeWeed’s maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, or (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to either: (a) where you are a Full Member , the amount of fees you have paid in the 12 month period preceding the date the claim arose; or (b) where you are not a Full Member

13.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

15. General

15.1 Severance. If any provision or part provision of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision or part provision shall be severed and the remaining provisions and part provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

15.2 No Assignment. We may transfer our rights and obligations under these Terms and Conditions to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing.

15.3 Waiver. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

15.4 Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.