Terms and Conditions

Last updated: February, 2021 

These Terms and Conditions (“Terms”) govern your relationship with Hydroponics Network Ltd. (“Hydroponics Network” or “Company”) that owns and operates this website Web Application (Wise Grow______) and sets forth the terms and conditions under which Hydroponics Network makes available its website (“Site”), mobile application (“App”) and / or the services available through the Site, App or otherwise including our Digital Platform ("Platform")  or other services provided by us (collectively, the “Services”), to each person (“User” or “you”) accessing or using the Site and / or the Services. Hydroponics Network is the legal owner of the Platform that provides guidance assistance and support for growers based on their smartphone.

By using the Site and / or the Services, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should discontinue using the Site and / or the Services. As long as you do not cease using the Site or the Services, you will be conclusively deemed to have accepted these Terms.

For information on how we collect, use and share personal data, please see our Privacy Notice, available at: [Insert Link]. the privacy notice is an integral part of these terms. you may not use the site or services if you disagree with any of the provisions included in the privacy notice.

By submitting information through the Site you warrant that any information provided by you is complete, truthful and accurate in all respects.

 

  1. OUR SERVICES

    1. Our Site is intended to present an overview of Hydroponics Network, its Services or any other information or news related therewith. Our Site also contains links to our Platform, and contains information on advisors who work with us.

    2. Our Platform provides guidance, assistance, and support for growers through their smartphones. Based on the Platform, the growers can manage their crops, get help from a remote agronomist when needed and inquire knowledge regarding their growing stage. The platform uses ML tools to study the growers and the crops needs. By using the Platform we give the growers' community a platform for collaborative-learning, advice and sharing.

    3. Reliance on any information appearing on the Site or App, whether provided by Hydroponics Network, our content providers or others, is done solely at your own risk. While we have endeavored to ensure that all data available on our Site, App or otherwise provided in the context of the Services is accurate, no representation, express or implied, is made as to the accuracy, completeness or correctness of information contained in the Site or Services.

    4. Some of our Services are currently offered free of charge. We retain the right to change our billing policies at any time, and to charge fees or other payments in relation to our Services.

  2. Registration to the Platform

    1. In order to participate in the Platform, you must first register and create an account and a profile ("Account" and "Profile", respectively). During the registration process, you will be requested to provider certain personal information about yourself, such as name, phone number and email address. For information on how personal data is processed by Hydroponics Network, see our Privacy Policy [Insert link].

    2. You may upload User Content (as defined below) to your Profile, and share your knowledge and experience.

    3. Any information you provide on registration must be correct, current, accurate and complete. You are entirely responsible for maintaining the confidentiality of your login credentials, namely your username and password. You agree and undertake not to use the login credentials of another User at any time, or to disclose your login credentials to any other User or other third party. You are responsible for all activities that occur through your Account. You agree to notify us immediately if you suspect any unauthorized use of your login credentials or your Account.

    4. By registering to the Platform, you warrant and represent that any information provided by you at the time of registration and afterwards, including your identity, is valid, truthful, complete and accurate, and you agree to ensure that such information is kept up to date . You will not use false identity, impersonate any other person or use a name that is not yours to use.

    5. Hydroponics Network may, in its sole discretion, refuse to offer access to or use of the Platform and Services to any User, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions. Hydroponics Network may terminate your account immediately and without prior notice if you do not comply with these Terms or if we believe your participation or use of the Platform or Services does not comply with any applicable laws.

  3. User Content

    1. The Platform allows you to upload User Content to your Profile, to share User Content and to interact with other Users. You are solely responsible for any and all User Content communicated, submitted or transmitted through your Account on the Platform.

    2. You should be aware that any User Content you publish or share through the Platform may be viewed and used by other Users and by Hydroponics Network, as well as the general public, and will be treated as non-confidential. We are not responsible for any personal content which you choose to submit or share through the Platform and you are solely responsible for protecting your privacy by what you decide to publicly share through the Platform.

    3. You should share User Content with discretion and in accordance with these Terms and applicable law. Children under the age of 16 are not permitted to use the Site and Services or provide us with any Personal Data without the consent of a parent or guardian. If you share content on the Platform and later wish to delete such content, we cannot guarantee that the content has not been copied or downloaded in the meantime by other Users and is retained by them.

    4. You undertake and agree that you will not upload, post, email, distribute, share, communicate, transmit or otherwise make available through the Platform any User Content:

      1. That is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

      2. That infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any third party;

      3. That infringes the rights of any other person or third party, including rights to reputation and good name, privacy rights, or others;

      4. That you do not have the right to make available by reason of any law or contractual or fiduciary relationship;

      5. That comprises or includes any “junk mail”, “spam”, advertisements, or disrupt discussions with repetitive messages;

      6. That contains any confidential or sensitive information about you or any other User or third party, such as medical information, information about sexual life or orientation, political affiliation, etc., unless you have obtained all necessary consents to do so.

    5. By uploading, communicating or transmitting any User Content on the Platform, you hereby represent and warrant that such content is your own original work, that you have all requisite rights to share such content on the Platform, that such content does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory, offensive or unlawful and that such information shall be deemed to be non-confidential.

    6. You further acknowledge and agree that Hydroponics Network is not responsible for any User Content uploaded or shared through the Platform, and does not guarantee the accuracy, integrity, quality, completeness, accessibility, compatibility, suitability, reliability, availability, or timeliness of such User Content. You acknowledge that any and all User Content, does not originate from us, and we do not guarantee or warrant in any way that such content will be suitable, complete, accurate, or high quality, or compatible with your expectations. 

    7. Notwithstanding the foregoing, Hydroponics Network may, but is not obligated to, review all User Content and block, modify, edit, delete, terminate access to, or remove any such User Content that Hydroponics Network, in its sole discretion, considers as non- compliant with any of the requirements of these Terms and / or applicable law.

    8. Hydroponics Network reserves the right to purge User Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any User Content uploaded to or received from the Platform or through the App or Services. Hydroponics Network shall not be liable for any purging, deletion or failure to retain any such User Content.

 

 

 

  1. Ownership of intellectual property

    1. Certain content and information provided on and through the Site and / or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, images, software, data and other material displayed, available or present on the Site and / or Services (“Content”), are the copyrighted and / or trademarked work of Hydroponics Network and / or its affiliates and / or licensors.

    2. Hydroponics Network retains all rights, including any intellectual property rights, in the Content. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner.

    3. The Company is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Site and the App, its code, and any underlying intellectual property rights and know-how associated therewith or with any part thereto, including without limitation any and all trademarks, trade names, copyrights, patents and other intellectual property rights used or embodied in or in connection therewith. Nothing in these Terms shall prohibit the Company in any manner from using, developing, marketing, licensing, or otherwise disposing of the Platform, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to the User any rights in or to any present or future products of the Company, whether or not similar to the Platform.

 

  1. Restricted Uses

In connection with your use of the Site and / or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:

  1. Modify the Site and / or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site and / or Services, servers or networks connected to the Site or the Services, deny service to, hack , crack, reverse engineer, or otherwise interfere with the Site and / or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;

  2. Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Site, Content and / or Services;

  3. Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto;

  4. Create a database by systematically downloading and storing all or any content from the Site or the Services;

  5. Use the Site and / or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;

  6. Use the Site and / or Services in a manner which infringes another person's rights in any way, including privacy rights, any manner which is harassing, or otherwise offensive; and

  7. Use the Site and / or Services in a way that infringes or violates these Terms, or any applicable law.

  1. Warranty Disclaimers

    1. DESPITE OUR EFFORTS, THE INFORMATION CONTAINED IN THE SITE AND APP MAY NOT BE ACCURATE, COMPREHENSIVE, COMPLETE, UPDATED OR APPLICABLE IN ALL RESPECTS AT ALL TIMES. NEITHER HYDROPONICS NETWORK NOR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INACCURACIES OR OMISSIONS IN THE SITE, AND / OR SERVICES, AND ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THIS SITE AND / OR APP ARE YOUR SOLE RESPECT RISK.

    2. THE USER ACKNOWLEDGES AND AGREES THAT THE SITE, APP, CONTENT AND THE SERVICES, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW .

    3. THE USER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION SHARED BY ANY OTHER USER THROUGH THE SITE AND APP, SHALL BE CONSIDERED AS A RECOMMENDATION MADE BY SUCH SPECIFIC USER AND NOT AS AN ENDORSEMENT  OR RECOMMENDATION ON BEHALF OF THE COMPANY. HYDROPONICS NETWORK SHALL NOT BE LIABLE FOR ANY RECOMMENDATION MADE BY THE USERS OF THE SITE AND / OR APP.

    4. TO THE FULL EXTENT PERMITTED BY LAW, HYDROPONICS NETWORK SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET OR ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS NOT CON. USER ASSUMES ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SITE AND THE SERVICES TO ACHIEVE ITS INTENDED OR EXPECTED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SITE AND THE SERVICES. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, HYDROPONICS NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM FAILURE TO DOWNLOAD, INSTALL OR RUN UPDATES TO THE APP WHEN DUE.

    5. IN ADDITION, THE USER HEREBY ACKNOWLEDGES AND AGREES THAT HYDROPONICS NETWORK SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY CAUSED TO THE USER'S GARDEN DUE TO HIS / HER RELIANCE ON THE CONTENT PROVIDED THROUGH THE SITE AND. ANY DECISIONS MADE BY THE USER BASED ON THE CONTENT SHARED THROUGH THE SITE OR APP ARE AT HIS / HER SOLE RESPONSIBILITY AND RISK. 

    6. FURTHERMORE, HYDROPONICS NETWORK ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: (I) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND THE SERVICES AND / OR ANY AND ALL CONTENT STORED THEREIN; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND THE APP; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE AND APP THROUGH THE ACTIONS OF ANY THIRD PARTY; AND / OR (VI) ANY LOSS OF USER DATA FROM THE SITE AND APP; AND / OR (IV) THE USE OR RELIANCE ON THE SITE AND APP OR ANY RESULTS OR INSIGHTS GENERATED BY THE SITE AND APP.

    7. THE PLATFORM IS UNDER DEVELOPMENT, AND MAY NOT PROVIDE ALL FEATURES AS COMPLETELY FUNCTIONAL OR AVAILABLE. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE IN RELATION TO THE ABOVE.

  2. Limitations On Liability And Remedies

    1. The User assumes full, exclusive and sole responsibility for the use of and reliance on the Site, App, Content or Services, and acknowledge that any use of or reliance on the Site, App or Services is made entirely at the User's own risk.

    2. HYDROPONICS NETWORKS 'ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH HYDROPONICS NETWORK IS TO DISCONTINUE YOUR USE OF THE SITE OR APP. HYDROPONICS NETWORK AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL SUBENCE OR EXEMPLE FROM YOUR USE OF THE SITE AND / OR APP. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPION, OR LOCER, EVEN IF HYDROPONICS NETWORK HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, HYDROPONICS NETWORK'S LIABILITY SHALL BE LIMITED BY THE EXT. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, HYDROPONICS NETWORK WOULD NOT BE ABLE TO OFFER THE SITE, APP OR THE SERVICES.

    3. Notwithstanding anything to the contrary herein, Hydroponics Network's entire aggregate liability arising from or relating to the Site, App or the Services or the subject matter hereof, under any legal theory (whether in contract, tort, indemnity or otherwise), shall not exceed the actual price paid by you for your use of the Site, App and Services or ten US dollars (US $ 10), whichever is less.

  3. Indemnification

You agree to defend, indemnify, and hold harmless Hydroponics Network, its members, officers, directors, employees, advisors, and agents, from and against any and all claims, damages, bonds, losses, liabilities, costs or debt, and expenses ( including but not limited to attorney's fees) arising from any violation of these Terms or applicable law, or a violation of any third party right.

  1. MISCELLANEOUS

    1. Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

    2. Assignment. Hydroponics Network may assign and / or transfer at any time its rights under these Terms or part thereof.

    3. Choice of Law. The Site, App, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively within the applicable courts of Tel Aviv, Israel.

    4. Amendments and Modifications . We may, at any time and from time to time, modify these Terms. Modifications to these Terms will be posted on the Site.