Please read these terms of service carefully before using Our Service:
1 – Interpretation and Definitions
1.1 – Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.
1.2 – Definitions
For the purposes of these Terms of Service:
2 – Description of Service
Full disclosure of our Company Goals and Services can be located on our website.
PlotSpot is an online connection service. It’s purpose is to connect Buyer and Seller. Our role is one of a facilitator between Buyers and the Sellers using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between Buyer and Seller.
Upon purchase of a membership subscription, you are agreeing to provide legal tender in exchange for use of the platform’s marketplace.
When entering an agreement to share garden space we advise all customers to establish their own written tenancy agreement between Buyer and Seller. Advise on how to do this is provided in your welcome email.
The information provided does not constitute advertising, solicitation, or legal advice. It is provided only as general information and may or may not reflect the most current legal developments. For up-to-date legal advice, consult an independent legal representative.
We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form part of any agreement We have with you.
PlotSpot does not manage rental agreements as part of our Service. Nor do we charge commission or transaction fees for doing so.
There are no recurring fees other than membership costs, which can be cancelled at any time via ChargeBee.
Any agreement you enter with the seller is independent to your own circumstance and is in no way associated with our service.
We do everything in our power to safeguard our customers. Guidelines on tenancy agreements and safeguarding protocol is included in every welcome email following a purchase from PlotSpot.
The guidelines provided are not legal advice; the information provided is for informational purposes only and does not constitute advertising, solicitation, or legal advice.
The information contained is provided only as general information and may or may not reflect the most current legal developments. You should consult independent legal advice if you have any concerns.
3 – Contact Us
If you have any questions about these Terms of Service, You can contact us:
4 – Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
5 – Governing Law
This Service is intended for use by legal residents of the United Kingdom. The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.
5.1 – European Union (EU) Compliance
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
5.2 – United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
5.3 – Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force, and effect.
5.4 – Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
6 – User Accounts
6.1 – Account Creation
Before creating an Account with PlotSpot You confirm to adhere to the rules below:
You agree you have read the ‘Suitability Checklist’ published on our website before agreeing to our Terms of Service.
You confirm you are the legal home or land owner; or You have written permission from the property’s legal owner/landlord to lease an outside section of the property, garden or land.
You accept full liability for any breach of an existing tenancy agreement which results in the amendment, cancellation or termination of said agreement.
You confirm You meet the legal age requirement set by PlotSpot. You represent You are over the age of majority according to the laws of Your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.
Any listing created on PlotSpot must not conflict with an existing tenancy agreement. Land you advertise cannot be owned by another person, authority or legal entity. Council owned allotments fall within this jurisdiction and will be removed from PlotSpot immediately.
As a host, You will have suitable insurance to cover accidental damage to Your property, garden, land, tools and belongings. Our company accepts no liability for damage/loss/theft of these items and does not offer compensation.
We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form part of any agreement We have with you.
If required, you should purchase additional insurance to cover property and valuables against theft and accidental damage before signing up to PlotSpot.
If you are creating an account to post a listing on somebody else’s behalf, You take full responsibility for ensuring the owner’s garden/land complies with the regulations above.
When You create an Account with PlotSpot, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
If you are concerned about any listing featured on PlotSpot and feel it may be in breach of any of these rules please contact us and we will review immediately.
6.2 – Account Information
You may be asked to supply certain information relevant to Your Account including, without limitation, Your name, Your email, Your phone number, and Your address.
You may have to provide documents to comply with identity verification.
Before or during placing an Order, you may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
Sellers and Buyers are advised to perform their own ID verification procedures before signing their own tenancy agreements.
Guidelines on tenancy agreements and safeguarding protocol is included in every welcome email following a purchase from PlotSpot.
The guidelines provided are not legal advice; the information provided is for informational purposes only and does not constitute advertising, solicitation, or legal advice.
The information contained is provided only as general information and may or may not reflect the most current legal developments. You should consult independent legal advice if you have any concerns.
6.3 – Account Review
Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.
6.4 – Account Password
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
6.5 – Account Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.
If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.
You can cancel your membership any time by visiting https://plotspot.chargebeeportal.com
7 – Content
7.1 – Your Right to Post Content
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
If you are posting content on behalf of a third party you accept full responsibility for carrying out eligibility and safeguarding checks for all persons involved in line with guideline recommendations.
Whilst creating multiple listings is permitted You agree not to post content from more than one property per account. PlotSpot reserves the right to delete any posts seen to be breaking these rules.
7.2 – Content Restrictions
The Company or Company or Operator is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
No protected land, SSSIs or allotments owned by local authorities should be uploaded to this service as they are governed by their own laws and regulations. Listings will immediately be removed from PlotSpot if they are found to be in breach of this rule.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
The Company or Operator reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company or Operator be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
7.3 – Content Backups
Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
7.4 – Intellectual Property of Others and Copyright Infringement
We respect the intellectual property and copyrights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
We are ready to comply with local regulations in that matter (Digital Millennium Copyright Act (DMCA), Copyright, Designs and Patents Act 1988, EU Copyright Directive, …).
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email (see 3 – Contact Us) and include in Your notice the following information related to the alleged infringement:
Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including the immediate removal of the challenged content from the Service.
8 – Orders of Goods
By placing an Order through our Service, You warrant that You are legally capable of entering into binding contracts.
8.1 – Position of the Service in Orders
Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.
We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with you.
8.2 – Your Information as Buyer
If You wish to place an Order via our Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
8.3 – Availability, Errors, and Inaccuracies
We and Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other websites.
We and Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
8.4 – Prices Policy
The Company or Operator and Seller reserve the right to revise their prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.
8.5 – Payments
Payment can be made through various payment methods we have available. We rely on payment gateways that have their own terms of service and their own limitations.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
8.6 – Service Fees
We may charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during your Order. We reserve the right to change the service fees at any time.
8.7 – Order Modification
You and the Sellers are responsible for any Order modifications you agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.
Any agreement you enter with the seller is independent to your own circumstance and is in no way associated with our service.
8.8 – Order Cancellation
8.8.1 – Our Order Cancellation Rights
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction or trade is suspected.
8.8.2 – Order Cancellation by Buyers
If You as a Buyer cancel an Order, the amount You paid (including the Service fees) is not refunded.
If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.
8.8.3 – Order Cancellation by Sellers
If You as a Seller cancel an Order, the amount the Buyer paid (including the Service fees) will be refunded to the Buyer and will not be transferred to the Seller.
If something outside Your control requires You to cancel an Order, or if You think your Order should be refunded, contact Us.
8.9 – Order Dispute
If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The dispute will be resolved at Our sole discretion.
9 – Disclaimer of Warranties and Limitation of Liability
9.1 – Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of this Terms of Service and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through our Service.
To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
9.2 – “AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor Operator nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
9.3 – Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.
The Company or Operator has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.
9.4 – Translation Interpretation
These Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
10 – Disputes Resolution about the Service
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company or Operator.
You can contact us:
11 – Intellectual Property of the Service
The Service and its original content (excluding Content provided by You or other users), features, and functionality are and will remain the exclusive property of the Company or Operator and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company or Operator.
12 – Your feedback to Us
You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
13 – Changes to these Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30-days-notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Application or Website and the Service.
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