Grobrix Pte Ltd, together with its subsidiaries, related entities and affiliates (individually and collectively referred to as “Grobrix”) provides a produce-growing experience through the Grobrix Proprietary Wall Farm System, seedlings, nutrients, product and all content featured online at www.grobrix.com (“the Website”), through mobile device or desktop or otherwise through Grobrix driven social media pages. Collectively, these offerings and services shall be referred to as “Grobrix Offer and Services”
By joining the Grobrix movement and subscribing to the Grobrix Offer and Services, you agree and accept to be bound by the terms and conditions set out below (as varied or amended from time to time). Any use or continued use of the Grobrix Offer and Services shall constitute deemed acceptance of these terms and conditions.
- Who May Use the Grobrix Offer and Services
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the Grobrix Offer and Services.
- Subscription Requirements Registration
To enjoy the Grobrix Offer and Services, you must register with Grobrix and enter into a relevant subscription agreement. Your Subscription is governed by the Subscription Terms. You must provide complete and accurate registration information to Grobrix, complete the Subscription process, and notify us if any of your information changes. If you fail to keep your account information up to date, we may have to suspend or terminate your Subscription.
You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Grobrix Offer and Services. If you become aware of an unauthorized access to your account, change your password and notify our Support team immediately.
Grobrix will provide information on its Subscription requirements on the Grobrix Site and/or by other means through the Grobrix Offer and Services. Features and prices are subject to change.
USER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS OR DAMAGES OF BUYER OR ANY THIRD PARTY ARISING FROM USE OF THE PRODUCTS AND THE Grobrix Offer and SERVICE AND PLANTS GROWN USING THE PRODUCT. USER SHALL BE SOLELY RESPONSIBLE FOR, AND Grobrix SHALL HAVE NO RESPONSIBILITY FOR (1) PROPERLY DISPOSING OF WASTES, PLANTS, AND OTHER MATERIALS RELATING TO OR ARISING FROM USE OF THE PRODUCTS AND (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM OR ALLEGED TO RESULT FROM THE PRODUCTS OR GROBRIX SERVICE OR EATING PRODUCE GROWN ON Grobrix DEVICES. (3) FUNGI, ALGAE, SEWAGE, BIOFILM, NOXIOUS BACTERIA, CYANOBACTERIA, OTHER BIOLOGICAL GROWTH, OR ANY SPORES OR TOXINS FROM SUCH, THAT MAY DEVELOP FROM THE USE OF GROBRIX PRODUCTS OR SERVICE. USER IS SOLELY RESPONSIBLE FOR ENSURING THAT USER’S USE OF THE PRODUCTS AND GROBRIX SERVICE COMPLIES WITH ALL APPLICABLE LAWS AND REGULATIONS.
You agree to indemnify, defend, and hold harmless Grobrix and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your activities on the Grobrix Service, (ii) any user content submitted by or on behalf of you or (iii) your violation of these Terms.
- No Warranties
Grobrix reserves the right to modify the Grobrix Offer and Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any content or features of the Grobrix Offer and Services, at any time, in its sole discretion.
Concerning sites and resources outside of the Grobrix Offer and Services, even if linked to or from the Grobrix Offer and Services. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE GROBRIX OFFER OR SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD unless local laws require otherwise.
- Limitation of Liability
To the fullest extent permitted by law: (i) Grobrix shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the Grobrix Offer and Services or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and (ii) Grobrix’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to Grobrix over the 12 calendar months preceding the date your first claim(s) arose. To the extent that one or any aspect of Grobrix’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Grobrix and you.
- Safety Warnings
- The Grobrix Proprietary Wall Farm System and the Grobrix Offer and Services are designed for nutritional, educational and entertainment purposes in the framework of a family household in an indoor location only.
- No electrical or electronic part should be opened and/or modified or damaged. Only the original equipment supplied by Grobrix should be used.
- Included in the Grobrix Offer and Services is the provision of Bacillus thuringiensis israelensis (“Bti”) sachets. Bti is an Environmental Protection Agency (EPA) registered organic and biological insecticide. Whilst the system is enclosed, we recommend the use of Bti in Singapore to prevent any possible Mosquito breeding in the reservoir.
- There should always be enough water in the reservoir for the pump always to be completely immersed in water. If this is not the case, water should be added to cover the pump and the pump should be stopped in manual mode in the meantime.
- The Device should be firmly attached to the wall at all times. After installation by Grobrix, if you choose to relocate the Grobrix Proprietary Wall Farm System then it is your responsibility to ensure it is securely re-attached to the wall.
- The Device was designed for use in a dry location indoors. If located outdoors, it must be in a fully covered location with no exposure to rain or moderate to strong winds. Any use in an outdoor environment is at the sole and exclusive risk of the user.
- Apart from the pump and its cord, no electrical or electronic part of the Device should be in contact with water or any other liquid. In case water or any liquid falls on the power supply or the LED lights or any other electronic/electrical part, the Device should be immediately unplugged, and the affected parts replaced.
- Do not overfill the water reservoir.. Always maintain the integrity of the reservoir and do not damage the reservoir structure in order to avoid any leakage.
- Grobrix declines any responsibility for any water spillage in filling or using the Device, and any damage resulting therefrom.
- The Device should not be used by children without adult supervision. No pet or other animal should be left near the Device without proper supervision.
- When growing plants, always use potable water and the nutrients provided by Grobrix. Do not add or pour or spray any substance that could become toxic in the reservoir, on the plastic parts or on the plants.
- Check the water function of your Device regularly to ensure proper flow of water. If the flow of water is not sufficient, anaerobic conditions can develop. Grobrix does not accept any responsibility for any noxious biological growth that might arise from anaerobic conditions.
- Keep your Grobrix Home in a place that is safe, dry and protected from pests, bugs and fungi. Clean the various parts of the Device on a regular basis to avoid any proliferation of pests.
- Do not consume parts of plants that would not be edible or about which you may have doubts or any allergy.
- If you have any doubt on the quality or the edible nature of a plant or plant thereof, abstain from consuming it and throw it away.
- The consumption of produce grown on a Device is your own responsibility. Grobrix declines any responsibility in the consumption of plants grown on the Grobrix Device.
- Intellectual Property
You acknowledge that the Grobrix Service contains software and other content that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Grobrix-generated content, and content provided to Grobrix by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions; further, as between you and Grobrix, Grobrix owns a copyright in the selection, coordination, arrangement and enhancement of all content in the Grobrix Service. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Grobrix Service, you may download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms. Subject to your compliance with these Terms, and solely for so long as you are permitted by us to access and use the Grobrix Service, Grobrix hereby grants you a limited, revocable, non-exclusive, non-transferable right and license to access and use the content made available on the Grobrix Service for your personal, non-commercial use of the Grobrix Service and for no other purpose whatsoever. Unless otherwise specified, copying or modifying any content or using content for any purpose other than your personal, non-commercial use of the Grobrix Service, including use of any such content on any other website or networked computer environment, is strictly prohibited. The Grobrix name, logos and affiliated properties, designs and marks are the exclusive property of Grobrix, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Grobrix Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent. Any other trademarks appearing on the Grobrix Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Grobrix Service. All rights not expressly granted in these Terms are reserved.
21. Contracting Entities, Governing Law and Jurisdiction
All users are contracting with Grobrix Pte Ltd unless otherwise specified in these Terms. These Terms shall be governed by the laws of the Republic of Singapore (without regard to principles of conflicts of law) and the parties submit to the exclusive jurisdiction of the courts of the Republic of Singpore. If your contract for the Grobrix Service is with another Grobrix entity, these terms shall be governed by the laws of the jurisdiction under which that Grobrix entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply. Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Grobrix in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Grobrix. Grobrix’s rights and remedies hereunder are cumulative and not exclusive.
- Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Grobrix’s prior written consent. Grobrix may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from Grobrix electronically. Grobrix may communicate by email or by posting to the Grobrix Service. For support-related inquiries, you may email Support. For all other notices to Grobrix, write to the following addresses: ##
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of this page) on the Grobrix Site and/or through the Grobrix Offer and Services. Modifications will be effective on the date that they are posted to the Grobrix Site. It’s important that you review the Terms whenever we update them before you use the Grobrix Service. If you continue to use the Grobrix Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Grobrix Service anymore. Because the Grobrix Service is evolving over time we may change or discontinue all or any part of the Grobrix Service, at any time and without notice, at our sole discretion.
- Entire Agreement
- Force Majeure
Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, pandemic or epidemic events, quarantine and lock-downs, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.