Terms Of Service.
This website is operated by ZipGrow Inc. Throughout the site, the terms “we”, “us” and “our” refer to ZipGrow Inc. ZipGrow Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Digital products: The material on digital products (such as calculators) is provided for general information only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Please note that all estimates in digital calculators, including operational expenses and yield data, are based on anecdotal information gathered from experienced farmers located across North America. Variations in temperature, humidity, building insulation and condition and other factors can have varying impacts on crop health and yields.
Any reliance on the material on the digital products is at your own risk. We encourage customers to contact a ZipGrow Inc. sales representative to discuss specific farm details. Periodically, ZipGrow Inc. may issue updates and improvements to digital products. New versions will be issued to past customers as appropriate, at the sole discretion of ZipGrow Inc.
When you purchase a subscription you’ll receive repeat deliveries. These are based on the subscription duration and frequency that you select.
Your payment details will be stored securely and you’ll be charged for each of these deliveries, unless you choose to pay in advance.
Some subscriptions may auto-renew at the end of their duration. If you don’t want to renew a subscription you can cancel it.
If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can manage your subscription from there.
See our returns policy for more details on returns and refunds.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ZipGrow, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
SECTION 15 – SEVERABILITY
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SHIPPING, WARRANTY AND RETURNS POLICY
We can ship to virtually any address in the world. Note that there may be restrictions on some products, particularly to international addresses.
When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. You may be responsible for any additional duties, taxes or custom fees charged at the border. Due to our organization’s small size, please allow 1-2 business days for small orders to ship, 3-4 days for freight orders to ship, or 3 days for small orders shipping internationally.
Commercial orders of greater than 150 towers, ZipFarm™ equipment, other LED lighting orders, and/or any other customized orders to domestic locations or international locations will have a longer lead time. Please contact our office at (855) 947-4769 for more information.
Weather events affecting road conditions may cause shipping delays. We will make every effort to contact you if this is the case.
As a small business, we appreciate your patience in advance. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.
Please ensure your shipping address is correct before you submit an order. Should there be a customer-generated error on shipping addresses, we will require the customer pays the additional shipping charges to send out the order.
Freight Shipping (Receiving Your Large Order)
Orders for 50 or more ZipGrow™ towers will ship via a freight carrier. (Shipping greater than 50 ZipGrow™ towers becomes prohibitively labor and cost intensive via UPS or a small package carrier.) Some combinations of fewer towers and other equipment may also ship via a freight carrier.
ZipGrow Inc. reserves the right to switch between ground shipping and freight shipping at our discretion in order to deliver your order in the most timely and safe manner.
Please call our office if you have questions regarding shipment options at (855) 947-4769.
When receiving a freight shipment, you must fully inspect your order and note any damage (including but not limited to broken saran wrap, broken straps, or scrapes) on the Bill of Lading. DO NOT sign for your shipment without inspecting it and noting damage, no matter how rushed the delivery driver is. We recommend photographing your shipment upon receipt, especially if damage is present.
If damage is not noted when you sign for the shipment, we cannot recover a damage claim with the shipper – which means it might be difficult or impossible to replace your equipment. We make every effort to over-package our products and use only the highest quality freight shippers in order to minimize these types of problems, but they can still happen. In the event that damage is not noted and a claim cannot be recovered, ZipGrow Inc. cannot guarantee that any refunds or replacements will be granted.
We cannot offer refunds for any shipping damages discovered more than 30 days after the shipment date.
If you have any questions about freight shipments, please call our office at (855) 947-4769 for more information.
ZipGrow™ Tower Housings: ZipGrow™ Tower Housings are warranted by ZipGrow Inc. for twenty (20) years.
Matrix Media™: Matrix Media is warranted for one (1) year.
Mechanical Hardware: Mechanical hardware, which includes ZipRacks™ (steel structure, gutters, and metal hardware) and Light Racks (steel structure) are warranted by ZipGrow Inc. for five (5) years when mechanical hardware is used for their intended purpose, in accordance with all instructions, and within maximum load and weight distribution limits. IRRIGATION COMPONENTS, WHETHER OR NOT INCLUDED ON THEIR OWN OR AS PART OF A ZIPRACK, INCLUDING BUT NOT LIMITED TO VINYL TUBING, DRIP EMITTERS, AND IRRIGATION FITTINGS, ARE NOT WARRANTED UNDER ANY CONDITIONS.
Electrical Components: All electrical components have a 1 year limited warranty unless specified otherwise.
Following your purchase, the items are bound by the warranty policy of the respective manufacturer. You can access these policies either through the original manufacturer’s website or by directly reaching out to them for further information.
ZipGrow Inc. can assist you in your warranty claim by helping to direct you to the manufacturer.
A Request for Return for opened items must be made within 14 days of the date of delivery. Defective or unopened products are eligible for returns within 30 days of the date of delivery. Items returned after these periods or without authorization may not be eligible for a refund.
A 15% restocking fee will be applied to non-defective returns, deducted from the final purchase price of the item(s) after excluding any shipping or handling charges.
To return a purchase, your items must meet the following conditions :
- A receipt or proof of purchase is required to open a Request for Return.
- Request for Return must be requested within 14 days of the delivery of your order if non-defective or 30 days if defective.
- Items must be in their original and unopened box (for non-defective items)
Custom orders and liquids are ineligible for return, refund, or exchange.
To request a return and receive full return shipping instructions, please email [email protected] or call 855-ZIP-GROW (855-947-4769) so we can approve your return and expect your package.
ZipGrow Inc. reserves the right to reject returns which do not comply with our return policy. The original payment method will be credited with refunds, excluding any applicable restocking fees.
After processing your refund, a confirmation will be sent to the email address you provided upon checkout. Please note that it may take up to 5 business days for your financial institution to complete the refund process and credit it to your account.
Custom orders, large orders, or anything else that is ordered to a customer’s exact specifications (including ZipFarm™ orders and other LED lighting orders) may not be returned or refunded. ZipGrow Inc. will make every effort to assist you in such a situation. Please contact us for more information.
To request a return and receive full return shipping instructions, please email [email protected] or call 855-ZIP-GROW (855-947-4769) so we can approve your return and expect your package.
Returns made after 30 days or of used products will not be refunded in full and may not be accepted. Please contact us at 855-ZIP-GROW (855-947-4769) for more information or if you have any questions.
If your order requires a replacement part due to shipping damage, manufacturing damage, or other issues, we will happily provide a replacement or other resolution within 30 days. We cannot offer replacements after 30 days due to logistical complications and an inability to recover damages after that point. To request a replacement, please email [email protected] or call 855-ZIP-GROW (855-947-4769). Pictures are always helpful. (We ask for pictures in order for us to file claims with the appropriate parties. Thanks!)
For any questions about the replacement policy, or if you’re not sure if you need a return or a replacement, please call 855-947-4769.
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected] or mailing us at: ZipGrow Inc. 425F Fourth Street West, Cornwall, Ontario Canada K6H 2S7.
SECTION 3 – DISCLOSURE
SECTION 4 – Shopify
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 7 – AGE OF CONSENT
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected] or by mail at ZipGrow Inc.