Terms and Conditions (2018-05-04)
Terms and Conditions (2018-05-04)
Last updated: May 4, 2018. (view archived versions)
Please read this document carefully.
These conditions are in force for all customers and users of the website www.opengrow.pt, its subdomains and subsites, as well as the online store, Open Grow Shop (www.opengrow.pt/shop/), since May 4, 2018.
These Terms and Conditions were written in Portuguese (Portugal). To the extent that, if any translated version of this policy conflicts with the Portuguese (Portugal) version, it will be the Portuguese version that will persevere.
We try to keep our general terms and conditions of use as clear as possible, and give you all the necessary information about the online transactions in our store so that you can easily understand the whole process, from ordering, delivery/pick up, to a possible return if applicable.
It is very important for us that your online shopping experience matches your expectations, so please take a few minutes and fully read this document. Please note that it is necessary to accept our general terms and conditions of use whenever you make an order – these terms and conditions of use can be changed, so we recommend that you check the document date at the top of this page, in order to ensure that you are already aware of the content of this document, as well as any changes to it.
1. www.opengrow.pt domain
The website www.opengrow.pt is owned by Open Grow, Lda, with head offices at Rua Mário Pais da Costa, nº12 – 3515-174 Abraveses, Viseu, Portugal, registered at the Conservatória do Registo Comercial de Viseu under the single number of registration and of legal person 513 181 547, with the share capital of € 50,000. To shorten and simplify, the company described above, Open Grow, Lda, will be referred to as OPEN GROW throughout this document.
OPEN GROW’s main address for contact purposes is the following:Open Grow, Lda, Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
2. Scope and application
These Terms and Conditions of use apply to the users of the website www.opengrow.pt, its subdomains and subsites, as well as any commercial transactions, without any limitations, whether physical or digital equipment (in the course of this document, these equipments will be referred to as products), made through the OPEN GROW online store, Open Grow Shop (www.opengrow.pt/shop/).
By using the above websites or doing transactions on the OPEN GROW online store, you agree to abide by these terms and conditions.
The online sale is valid only and applies to the territories covered by the countries described in point 9 of these “Terms and Conditions”.
These “Terms and Conditions” are deemed to be in force, with no expiration date, and until their revision or revocation.
3. Conditions of use – www.opengrow.pt, its subdomains and subsites
The user compromises to use this website in compliance with the provisions of applicable law, refraining from using the website for activities contrary to law, morality and good manners, or rights and interests of third parties.
You are responsible for the type of hardware and software required to access the website www.opengrow.pt, its subdomains and subsites.
4. Changes to these terms and conditions
OPEN GROW reserves the right to modify unilaterally and at any time, without notice, the presentation and content of the website www.opengrow.pt, including its subdomains and subsites, its services and the general conditions of use, with the exception of contracts already concluded and in progress. These modifications will serve to improve the website, while improving the services offered to the users of the same, which, if it does not agree with the changes introduced, may resolve the contract.
5. Intellectual property
All content and information contained in www.opengrow.pt, including its subdomains and subsites, are the property of OPEN GROW and therefore the use, reproduction, copying and dissemination by other means of logos, texts, images and videos contained on this website, including its subdomains and subsites, is subject to your prior authorization in that regard.
6. User privacy
OPEN GROW respects the privacy of all users of its websites and online services. In this way, OPEN GROW is committed to ensure the protection of all personal data provided by users.
The user may use some sections and/or functionalities provided by the OPEN GROW’s websites and online services, without the disclosure of any personal information. However, when it is necessary to collect personal information to provide services or when the user decides to provide some of his personal data, the use of this information and data will be done in compliance with the applicable Portuguese legislation on personal data protection – Law 67/98 October 26, Personal Data Protection Law – in order to ensure the confidentiality and security of personal data provided.
OPEN GROW reserves the right to change and update the personal data protection procedures without prior notice. Despite the aforementioned protection procedures, there are risks of using the Internet, over which OPEN GROW has no control.
7. Data processing
The entity responsible for your personal data is the Portuguese company, OPEN GROW. This company is also responsible for the collection and processing of this data.
The personal data collected will be subject to computer processing and will appear in the OPEN GROW’s data base(s). This data is stored within the European Economic Area (EEA). However, such data may be transferred and processed in countries outside the European Economic Area (EEA), when dealing with situations that require the use of personal data by freight carriers in countries outside the EEA. Any transfer of personal data will always be carried out in accordance with applicable laws.
Regarding the customer data management, the personal data collected will be transmitted to third parties, like freight carriers, having as sole and exclusive purpose the realization and complete execution of the services or products purchased by the user, holder of the personal data collected.
The provision of personal data is optional and will always be guaranteed, under the law, the right to request information about your personal data that we maintain in our database(s) at any time (without cost, once a year). If your data is incorrect, incomplete or irrelevant, you may request that the information be corrected or removed. We cannot remove your data when there is a legal storage requirement such as accounting rules or when there are other legitimate reasons to keep the data, such as unpaid debts. You may withdraw your consent to the use of your data for marketing purposes at any time. You can contact us by e-mail to firstname.lastname@example.org or by sending a letter to the following address:Open Grow, Lda, Customer Service Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
8. Products and prices
All prices are for sale to the public, in euros or dollars and include VAT at the legal rate in force, when VAT is applicable, i.e. within the European Economic Area, these prices being exclusive of the online store, Open Grow Shop. Please note that there may be different prices on our “physical” sale points (including prices, service charges, availability, delivery time and return policies), please check them in one of our stores.
OPEN GROW reserves the right at any time to substitute or modify the available products, the respective prices and the conditions presented, safeguarding the orders already made.
Promotional products may be limited to a maximum number of units per customer, in which case information regarding this limitation will be displayed on the product pages.
OPEN GROW makes every effort to ensure that the information presented is free of typographical errors (in the descriptions, characteristics, values and/or images/photographs of the products) and, whenever these occur and are detected, will correct them immediately.
Despite the efforts of OPEN GROW, some products presented in the Open Grow Shop may be incorrectly priced, so OPEN GROW verifies prices whenever you process orders. If the price of the product is not correct, OPEN GROW will analyze the situation and, you can choose to suspend delivery and contact the customer, through the contacts provided by the customer (e-mail, phone, …) in order to communicate/explain the situation and will await the decision of the customer to accept or cancel your order.
9. Countries for which commercial transactions in the Open Grow Shop online store are valid/applicable
The commercial transactions through the online store Open Grow Shop, as well as the delivery of orders, are only valid and applicable to the following countries:
Afghanistan; South Africa; Albania; Germany; Andorra; Angola; Anguilla; Antigua and Barbuda; Saudi Arabia; Algeria; Argentina; Armenia; Aruba; Australia; Austria; Azerbaijan; Bahamas; Bahrain; Bangladesh; Barbados; Barbuda (Antigua and Barbuda); Belgium; Belize; Benin; Bermuda; Belarus; Burma; Bolivia; Bonaire; Bosnia Herzegovina; Botswana; Brazil; Brunei; Bulgaria; Burkina Faso; Burundi; Bhutan; Cameroon; Cambodia; Canada; Kazakhstan; Ceuta; Chad; Chile; China, People’s Republic; Cyprus; Colombia; Comoros; Congo (Brazzaville); Congo, Democratic Republic; South Korea; Costa do Marfim; Costa Rica; Croatia; Curaçao; Denmark; Djibouti; Dominica; Egypt; El Salvador; United Arab Emirates; Ecuador; Eritrea; Scotland; Slovenia; Spain (excluding the Canary Islands, Ceuta and Melilla); Spain (Balearic Islands); USA: ; Estonia; Ethiopia; Gaza Strip and West Bank; Fiji; Philippines; Finland; France; Gabon; Gambia; Ghana; Georgia; Gibraltar; Grenade; Greece; Greenland; Guadeloupe; Guam; Guatemala; Guiana; French Guiana; Guinea; Equatorial Guinea; Guinea Bissau; Haiti; Netherlands (Netherlands); Honduras; Hong Kong; Hungary; Union Island (Saint Vincent and the Grenadines); Cape Verde Islands; Cayman Islands; Canary Islands; Cook Islands; Channel Islands (Guernsey); Channel Islands (Jersey); Faroe Islands; Northern Mariana Islands; Marshall Islands; Solomon Islands; Turks and Caicos Islands; US Virgin Islands; British Virgin Islands; Wallis and Futuna Islands; India; Indonesia; England; Iraq; Northern Ireland; Ireland, Republic; Iceland; Israel; Italy; Jamaica; Japan; Jordan; Kiribati; Kosovo; Kosrae (Federated States of Micronesia); Kuwait; Laos; Lesotho; Latvia; Lebanon; Liberia; Libya; Liechtenstein; Lithuania; Luxembourg; Macao; Macedonia (R.F.Y. of Macedonia); Madagascar; Malaysia; Malawi; Maldives; Mali; Malta; Morocco; Martinique; Maurício; Mauritania; Maiote; Melilha; Mexico; Micronesia, Federated States of; Mozambique; Moldavia; Monaco; Mongolia; Montenegro; Montserrat; Namibia; Nepal; Nevis (St. Kitts-Nevis); Nicaragua; Niger; Nigeria; Norway; New Caledonia; New Zealand; Oman; Wales; Netherlands (see Netherlands); Palau; Panama; Papua New Guinea; Pakistan; Paraguay; Peru; French Polynesian; Poland; Pohnpei (Federated States of Micronesia); Puerto Rico; Portugal; Qatar; Kenya; Kyrgyzstan; United Kingdom; Central African Republic; Czech Republic; Dominican Republic; Slovak Republic; Meeting; Romania; Route (Northern Mariana Islands); Rwanda; Russia (101000 – 453999); Russia (460000 – 619999); Russia (Other destinations); Saba; Saipan (Northern Mariana Islands); Samoa; American Samoa; St. Eustatius; San Marino; Saint Lucia; St. Bartholomew; St. Kitts and Nevis; Saint Vincent and the Grenadines; Senegal; Sierra Leone; Serbia; Seychelles; Singapore; Sri Lanka; St. Croix (US Virgin Islands); St. John (US Virgin Islands); St. Kitts (St. Kitts); St. Maarten; St. Martin (Guadeloupe); St. Thomas (US Virgin Islands); Swaziland; Sweden; Switzerland; Suriname; Tajikistan; Tahiti; Thailand; Taiwan; Tanzania; East Timor; Tinian (Northern Mariana Islands); Togo; Tonga; Tortola (British Virgin Islands); Trinidad and Tobago; Truk (Federated States of Micronesia); Tunisia; Turkmenistan; Turkey; Tuvalu; Ukraine; Uganda; Uruguay; Uzbekistan; Vanuatu; Venezuela; Vietnam; Virgin Gorda (British Virgin Islands); Yap (Federated States of Micronesia); Yemen, Republic of; Zambia; Zimbabwe.
10. Order request
You can place your order online at www.opengrow.pt/shop/. Orders at the OPEN GROW online store can be made 24 hours a day, 7 days a week.
While browsing the store, you can add the product(s) to your shopping cart by clicking the “ADD TO CART” button. When you finish selecting the products, you can select the “PROCEED TO CHECKOUT” option to make the purchase.
It is necessary to create a customer account, in the online store, Open Grow Shop, so that it is possible to make the purchase. Customer account creation requires the introduction of the date of birth in order to validate that the customer is over 18 years of age, since the Open Grow Shop website does not allow under-18s to place orders. If you are under 18, you should not use the Open Grow Shop website, as well as place orders through it. You should talk to your parents or legal guardians about which websites are appropriate for you.
After creating a customer account, you can proceed with the purchase of the selected products by selecting the option described above “PROCEED TO CHECKOUT”. Later, if you did not do this at the time you created your account, you will need to enter your billing and delivery information. After entering this data, you must also choose the freight service that will be responsible for the delivery of the order at the delivery address you have entered. You will then be asked to confirm all the data as well as the intention to place the order. Once confirmed, the order will be sent to the OPEN GROW online store and cannot be canceled, except for the right of withdrawal in accordance with point 14 of these “Terms and Conditions”. Your order will not be accepted and the contract is not concluded until you have received the confirmation of the order’s acceptance by OPEN GROW by e-mail. Once your order has been accepted, you will be informed of the reference that will allow you to follow the delivery of the product(s).
The option to pick up the order at the OPEN GROW headquarters is available to customers who wish to receive the order in Portugal and Spain, for which it is necessary to enter an address relative to the Portuguese or Spanish territories. After entering an address that respects these conditions, the customer may choose the option “Open Grow Shop” in the list of freight services. The use of this option implies that the user agrees that the order will not be delivered to the delivery address entered, regardless of any references to that address, either in the confirmation by e-mail, invoice, order history or other type of documentation provided, directly or indirectly, by OPEN GROW, the Open Grow Shop online store or by third parties. By choosing the option to pick up the order at the OPEN GROW premises, after confirming and paying the order, you can proceed to the collection of the order, by submitting proof of the order and that you are the holder of the order, at the following address (Monday through Friday, from 9 am to 6 pm local time, excluding public holidays):Open Grow, Lda, Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
Only orders whose deliveries are made in the countries described in point 9 of these “Terms and Conditions” will be accepted.
In the absence of availability of the product(s), OPEN GROW undertakes to inform the user and to reimburse the user for any amounts he may have paid within a maximum of thirty (30) days from the date of knowledge of such unavailability.
11. User duties when making an order
The user undertakes to:
– Provide correct personal data and addresses;
– Do not use false identities;
– Respect the limits of orders imposed.
If any of the data is incorrect or incomplete, and therefore there is a delay or impossibility in the processing of the order, or any non-delivery, the responsibility belongs to the user, and OPEN GROW refuses any responsibility. If you breach any of these obligations, OPEN GROW reserves the right to refuse future purchases, to block access to the Open Grow Shop, to cancel the provision of any other services simultaneously provided by OPEN GROW to the same user; and also does not allow your future access to any or any of the services provided by OPEN GROW.
Orders will only be accepted for deliveries to the territories covered by the countries described in point 9. Orders for delivery in sections are also accepted, provided that they comply with the territories covered by the countries described in point 9.
Orders with delivery address within the European Economic Area can be made through the following freight companies:
CTT – Correios de Portugal, S.A.;
FEMA – Transportes Express & Logistics.
It is the responsibility of the customer to choose the freight company when ordering the order.
For orders with delivery address outside the European Economic Area are usually carried out through the freight company FEMA – Transportes Express & Logistics.
The period of operation of the process of delivery of orders by the companies mentioned above, is dependent on the countries in which this process is carried out. In this way, it is the responsibility of the customer to consult the information about the process of delivery of orders through the responsible freight company.
For orders with payment by Bank Wire, PayPal and CoinGate (cryptocurrency) the delivery time will, in principle, be up to 48 hours and working days, from the date of receipt and confirmation of the payment of the order by OPEN GROW, except for breakage of stock, in which an alternative delivery time will be proposed.
The delivery will be done by signing the receipt of receipt, by any person that is in the indicated address and who is, from that moment, responsible for the delivery to the client.
If no one is at the address indicated, the order will be at the station or collection point of the freight company responsible for the delivery in the area of the address provided for 3 working days, after which it will be returned to OPEN GROW.
For orders that return to OPEN GROW, a new delivery will be scheduled, which will be paid by the customer.
All costs of shipping, as well as any costs involved in the customs clearance process are the responsibility of the customer. Costs of shipping include VAT where applicable, i.e. within the European Economic Area.
Payment can be made at the time of order confirmation through PayPal, CoinGate (cryptocurrency) and Wire Transfer.
It is the responsibility of OPEN GROW to arrange the collection of the order with the freight company chosen by the customer, at the time of ordering. It is the responsibility of OPEN GROW and the above freight forwarder to ensure that the order is collected. After completing this collection process, the rest of the delivery process is the responsibility of the freight carrier and the customer. In this way, OPEN GROW will not be responsible, to the extent permitted by law, for any eventuality, losses, loss, damages, among other eventualities, during the completion of the remaining delivery process.
13. Payment methods
The OPEN GROW online store has several payment options for your order:
Paypal – by selecting this payment method you will be redirected to the PayPal page. NOTE: Choosing to pay with PayPal the previously chosen billing address will be ignored since only the address registered in your PayPal account can be used for billing purposes.
CoinGate (cryptocurrency, for example, Bitcoin) – by selecting this payment method you will be redirected to the CoinGate page, where you can make the payment using the crypto currency at the exchange rate. For more information, visit CoinGate’s website at coingate.com.
Bank wire – You have 5 days after placing the order to proceed to the payment in an ATM or in the home banking, using the data provided in the confirmation of your order (IBAN/BIC/SWIFT and transfer amount) and sent to e-mail registration. This data is also stored in the customer account under “orders”. If, after the 5th day, the respective payment is not made, the order will be canceled.
OPEN GROW, LDA
IBAN – PT50 0010 0000 5152 4080 0016 2
NIB – 0010 0000 51524080001 62
BIC/SWIFT – BBPIPTPL
Coupons, vouchers – Discount coupons or vouchers obtained through OPEN GROW are valid in the online store.
Promotional codes – The promotional codes obtained in the online store, Open Grow Shop, are valid only in this online store.
No. DL 67/2003 of 8 April, with amendments introduced by DL 84/2008, of 21 May.
All equipment is covered by a 2-year warranty, with the exception of consumables, components and accessories, which are guaranteed by their respective manufacturers. In order to benefit from this guarantee, the customer must keep the invoice as proof of purchase.
In the event that the product purchased is defective or defective, you may contact OPEN GROW in order to initiate the warranty process. You can get in touch in one of the following ways:
– Presently in the OPEN GROW’s After Sales Department, with the order invoice, at the address:Open Grow, Lda, After Sales Department Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
(open from Monday to Friday, from 9:00 a.m. to 6:00 p.m. local time, except holidays)
– Call customer support at (+351) 232 458 475. Customer service is available from Monday to Friday from 9:00 a.m. to 6:00 p.m. local time, excluding holidays.
– By sending an e-mail to the Customer Service, email@example.com.
– Fill out the online form, available on the contact page of the Open Grow Shop, opengrow.pt/shop/en/contact-us.
It will always be necessary to present the invoice as proof of purchase, as well as essential information for the technical evaluation of the breakdown, such as product description and description of the malfunction.
The costs of returning or collecting items will be borne by the customer.
Upon receipt of the product on OPEN GROW’s headquarters, we will carry out the technical verification and, if we prove any lack of conformity, the product will be delivered to the brand’s technical assistance in case the lack of conformity is repaired or replaced.
If the technical check detects signs of misuse, and / or any problem that may have caused the malfunction of the item (for example, fall, humidity, etc.), you will be contacted to indicate if you intend to repair the equipment by even for the brand’s technical assistance.
15. Damage during transportation
Small products (up to 20kg). usually delivered by courier (CTT Expresso):
On delivery, check the condition of the packaging. If you experience any abnormality (damaged, wet, torn …), you can refuse the order (in this case, without opening it).
If you prefer, you can accept the order, and you should request the delivery slip to the courier and put what visually checks the packaging and in addition write also “reservations on delivery, subject to conference”.
Large products (> 20 kg), usually delivered by freight forwarders:
Request the unpacking of the product (s).
Verify if the product(s) has some visible damage. If so, DO NOT accept them.
16. Termination of this contract
The client has, under the applicable law, the right of contractual termination (without payment of compensation and without having to indicate the reason), which must be exercised in writing, by e-mail firstname.lastname@example.org or by letter for the address:Open Grow, Lda, Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
This right must be exercised within 14 days from the date of receipt of the order (article 10, paragraph 1 of DL 24/2014 of February 14).
The products will have to be returned within 14 days after notification of the decision to terminate the contract and accompanied by the original invoice (article 13, nº 1 of DL 24/2014 of February 14).
The costs of transporting the products returned will be borne by the customer, except when they cannot, by their nature or size, be returned by mail. (article 13, nº 2 of DL 24/2014 of February 14).
Should you wish to replace or return products, you can contact the OPEN GROW After Sales Service, at the address:Open Grow, Lda, After Sales Department Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
(open from Monday to Friday, from 9:00 a.m. to 6:00 p.m. local time, except holidays)
Or contact the Customer Service at (+351) 232 458 475 or e-mail email@example.com. Customer Service will provide all information about the return/replacement process.
Do not ship the products without previous contact.
The products return and replacement must comply with the following conditions:
– Refund of products and their accessories in good condition, with complete original packaging and accompanied by their invoices;
– CDs, DVDs and Software in original sealed plastic packaging;
– Disposable products (pH calibration solution, …), in sealed original packaging.
(article 13, paragraph 3 of DL 24/2014 of 14 February), (article 14, paragraph 2 of DL 24/2014 of 14 February) and (article 17, paragraph 1 of DL 24/2014 of 14 February)
OPEN GROW does not accept return or replacement of these products after use.
After contacting the OPEN GROW Customer Service and you are given the return instructions, you can send us the item properly packed, with original packaging to the following address:Open Grow, Lda, After Sales Department Parque Industrial de Coimbrões, Edifício Expobeiras, 3500-618, Viseu, Portugal
All products will be checked upon arrival at our service and only those that respect the return conditions will be accepted for exchange or return.
If you choose to return the value we inform you:
The refund is made by the same medium in which the payment was made. In the case of Bank Wire payment, we request that you provide us with an IBAN (international bank account number), you can do so at the time of the return or later contacting the OPEN GROW Customer Service.
The return will only be made after the technical verification of the state of the product, within a maximum period of 14 days from the date of receipt of the communication of free resolution.
OPEN GROW reserves the right not to accept products that do not meet these conditions.
17. Suspension and deactivation of the website www.opengrow.pt, its subdomains and subsites, as well as the services including the Open Grow Shop service
Regardless of any prior or subsequent communication, OPEN GROW may, at any time and in its sole discretion, discontinue the provision of the service and/or part of the service to one or all users.
OPEN GROW also reserves the right to suspend or immediately cease access to the service in the following cases:
– When the user breaches the conditions of use referred to in these “Terms and Conditions”, with particular attention to points 3 and 11;
– When OPEN GROW ceases access to the website www.opengrow.pt, its subdomains and subsites, as well as the services offered by them, including the Open Grow Shop store service, by prior notice 15 days date of termination.
Suspension or termination of the OPEN GROW’s websites and services under the above terms shall not affect the right of the user or third parties to any compensation or other compensation, and OPEN GROW shall not be liable or otherwise encumbered by any consequence of suspension, cancellation, cancellation of service.
In the situations described above, OPEN GROW will communicate to the user in advance so that he can, if he wishes, safeguard the contents of his area of view of orders within 3 (three) business days from the sending of the e-mail or making the information available on the main service page.
18. Applicable law
The present general conditions and all the contracts that come to be celebrated under the same are governed by the Portuguese legislation.
19. Conflict resolution
In accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 may use the ODR – RLL platform in Portuguese.
You can consult the list of ADR (Alternative Dispute Resolution Authority) in the following link.
20. Final provisions
OPEN GROW will be able to send customer information about new products, promotions or other products of interest to customers of the Open Grow Shop, as well as the customers from the website www.opengrow.pt, its subdomains and subsites.
For any comments or questions, please contact our OPEN GROW Customer Service at (+351) 232 458 475 (from Monday to Friday, from 9:00 a.m. to 6:00 p.m., excluding holidays) or by e-mail to firstname.lastname@example.org.
You agree that your use of the www.opengrow.pt website, including its subdomains and subsites, as well as the Open Grow Shop, and services provided herein, will be at your sole risk and expense, to the extent permitted by law. OPEN GROW, its officers, directors, employees and representatives disclaim any and all liability, express or implied, regarding the websites and services, as well as their use, except for the responsibilities described in these “Terms and Conditions” referring to OPEN GROW, excluding third parties, when proven that you have fully complied with these “Terms and Conditions”.
OPEN GROW does not guarantee or is responsible for the accuracy or completeness of the content of its websites or the content of any website linked to yours, and assumes no obligation or responsibility for any (I) errors, misconceptions or inaccuracies of content, (II) personal injury, (III) any access to or use of our protected servers and/or any and all personal and/or financial information stored that has not been authorized, (IV) any interruption or cessation of transmission to and from our websites/services, (V) any bugs, viruses, trojan horses or the like that may be transmitted to or through our services by any third party, and or (VI) any errors or omissions in any content or any loss or damage of any nature suffered as a result of the use of any content or e-mail sent, transmitted or available through the services.
OPEN GROW does not guarantee, endorse, defend or assume responsibility for any product or service advertised or offered by third parties through our websites/services or any hyperlink present in them, or displayed on any “banner” or other type of advertisement. OPEN GROW will not participate or be in any way responsible for monitoring any transaction between you and third-party providers of products or services. As with buying a product or service by any means or in any environment, you should use common sense and be cautious whenever necessary.
22. Limitation of liability
In no event shall OPEN GROW, its officers, directors, employees or representatives be liable for any direct, indirect, incidental, special, punitive or unforeseeable damages resulting from any (I) errors, misconceptions or inaccuracies in content, (II) personal injury (III) any access or use of our protected servers and/or any and all personal and/or financial information stored that has not been authorized, (IV) any bug, virus, trojan horse or the like that may be transmitted to or through our websites/services by any third party, and (V) any interruption or cessation of transmission to or from our websites/services; or (VI) any errors or omissions in any content or any loss or damage of any nature suffered as a result of the use of any content or e-mail sent, transmitted or otherwise made available through our websites/services, whether by liability, contract, offense or any other legal hypothesis, and regardless of whether the company is advised of the possibility of such damages. The limitation of liability described above shall be applied to the maximum extent permitted by law in the competent jurisdiction.
You specifically acknowledge that OPEN GROW shall not be liable for any defamatory, offensive or unlawful content or conduct of any third party and that the risk of injury or damage resulting therefrom lies entirely with you.