These Terms of Use (the “Terms”) apply to your use of the Odla Mer mobile application, our website at http://www.odlamer.com (collectively with our apps and websites, the “Sites”), and our other applications, software, features, tools, and services related to any of the foregoing (collectively, the “Services”). The Odla Mer Sites are made by Odla Mer International AB, Reg. No 559362-6202, a company duly incorporated and organized under the laws of Sweden, having its registered address at Kvartsstigen 13, 179 61 Stenhamra, Sweden (“Odla Mer”). As used herein, ‘Odla Mer’, ‘we,’ and ‘us’ refers to Odla Mer AB, as applicable. You are referred to herein as “you.” Users of the Services are referred to herein as “Users.” The Odla Mer Sites and Services related thereto are provided pursuant to the laws of Sweden.
These Terms create a legal agreement directly between you and Odla Mer and explain the rules governing use of the Services. You agree to comply with, the Terms, our privacy policy located at http://www.odlamer.com/privacy-policy, all updates to the foregoing, and any additional terms we may make available to you on the Services, and all applicable local, state, national, and international laws, rules, and regulations.
BY ACCESSING, USING OR UPLOADING OR DOWNLOADING ANY INFORMATION OR MATERIALS TO OR FROM THE SERVICES, BY CREATING AN ACCOUNT, OR BY CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. This agreement was written in English. To the extent a translated version of the Terms conflict with the English version, the English version controls. NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND Odla Mer ARE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE, WHICH WILL, UNLESS YOU RESIDE IN THE EUROPEAN UNION, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMIT YOU TO CLAIMS AGAINST Odla Mer ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.
The Services are intended solely for persons who are 13 years old or such a higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (collectively, “Registration Data”) and (b) maintain and promptly update the User Data. You agree that Odla Mer may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. If you provide any User Data that is inaccurate or not current, or Odla Mer has reasonable grounds to suspect that such User Data is inaccurate or not current, Odla Mer has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, and for restricting access to your computer and your mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the Services or its contents. You agree to immediately notify Odla Mer of any unauthorized use of your account or password, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Odla Mer.
You agree not to use our Service in connection with any unpermitted, unauthorized, illegal, or dangerous (to you or others) gardening or related activities.
Odla Mer holds the qualities of respect for others and originality of creation in high regard. When you use or interact with our Services and/or with other Users of the Services, you may elect to send, display, distribute, use, submit, upload, communicate, transmit, or otherwise make available to us and/or to other Users of the Services content, including but not limited to information, data, photographs, video, text, sound, software, graphics, messages, posts, tags information on your geographical position ratings, reviews, comments, opinions, and other content (collectively, “Content”) whether publicly posted, privately transmitted, or submitted through a third party API (e.g. a photograph submitted via Instagram).
For all Content you use, send, upload, communicate, transmit, or otherwise make available in connection with the Services, you grant to Odla Mer and our affiliates an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable right to use, copy, reproduce, change, modify, adapt, edit, distribute, translate, transfer, host, store, display, create derivative works from, make publicly available and/or perform such Content in relation to our Services throughout the world in any media, including but without limitation for purposes of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. To the fullest extent permitted under applicable law, you waive your moral rights (or ‘droit moral’) to and/or in the Content. You acknowledge and agree that we may share Content with our affiliates, partners, and companies that we cooperate with, as well as third party services such as Facebook and Instagram.
When you appear in, create, upload, post, or send Content via the Services, you also grant Odla Mer, our affiliates, and our business partners and licensees the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, and information about your activities and actions you have taken, including your use of third party products, services, or devices, in ads, offers, and other commercial contexts on the Services and otherwise in connection with commercial or sponsored content without compensation to you. This means, among other things, that you will not be entitled to any compensation from Odla Mer, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the Services, either on the Odla Mer application or on one of our business partner’s platforms.
You agree that the Content you send, upload, communicate, transmit, distribute, display, use, submit, or otherwise make available, and your use of the Services:
If your Content violates these Terms or is otherwise objectionable, you may bear legal responsibility for that Content. As between you and Odla Mer, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Odla Mer is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Odla Mer in a position that is any different from the position held by members of the general public, including with regard to your Content. Use of your Content is governed by Odla Mer’s Privacy Policy located at https://odlamer.com/privacy-policy.
Odla Mer appreciates the opportunity to be notified of any objectionable or unauthorized use of Content, and Users, rights holders and licensees are invited to inform Odla Mer of any potential violations by sending an email to us at sree@odlamer.com.
Odla Mer hereby reserves the right in its absolute discretion, at any time and for any reason, including to provide and develop the Services or if we think your Content violates these Terms or is otherwise objectionable, to screen, monitor, refuse, remove or edit any Content or activity from the Services, but is not required to do so. Odla Mer is not responsible, and assumes no liability, for any third party content or Content provided by you, nor information contained therein or made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any content or the failure of any content to comply with these Terms.
Certain rules must be complied with in order to maintain the integrity, legality, and safety of the Services and to promote the User experience. By using the Services you agree that:
The Services function, among other things, as a venue to connect users in a virtual information place. As a neutral facilitator, Odla Mer is not directly involved in the actual interactions between users of the Services. As a result, Odla Mer has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Services. Odla Mer shall have no responsibility to confirm the identity of users. Odla Mer shall also have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Services. You shall at all time exercise common sense and good judgment when dealing with any User of the Services.
If you elect to use our features to inform your contacts about the Services or share your information with others, Odla Mer may require you to provide contact information. You represent that you are authorized to provide any third party contact information that you provide to Odla Mer, that you are authorized to use such information to contact (including for Odla Mer to contact on your behalf) the third party, and that Odla Mer may process it pursuant to the https://odlamer.com/privacy-policy.
When you sign up for an account you provide personal details to us that may be deemed as personal information under the applicable legislation. By using our Services, you agree to our collection and use and sharing of personal and other data in accordance with our Privacy Policy, which is published at: https://odlamer.com/privacy-policy.
In addition, if you enable the Services to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.
When you visit or interact with our Services, Odla Mer uses and our authorized services providers may use cookies to store certain types of information for each time you visit or interact with our Services. By accepting these Terms you agree to Odla Mer using cookies in accordance with our Cookie Policy, which is published at: https://odla mer.com/cookie-policy.
You may terminate your account and use of the Services at any time.
You agree that Odla Mer may, without prior notice, immediately terminate your account and/or access to the Services for causes that include but are not limited to, the following: (a) breaches or violations of the Terms or other applicable agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files, and Content associated with your account, and (z) barring further use of the Services. All terminations for cause shall be made in Odla Mer’s sole discretion and that Odla Mer shall not be liable to you or any third party for any termination of your account or access to the Services.
All license grants set forth in these Terms and expressly identified as “perpetual” will, along with the following Sections, survive termination for any reason of your account, these Terms, and/or of the Services: Sections 4 (Privacy), 9 (Third Party Services), 12 (Disclaimer of Warranties and Liability), 13 (Indemnity), 14 (Choice of Law and Forum), and 15 (General).
Odla Mer may change the Services at any time, such as by adding or removing features or discontinuing the Services. We may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any advance notice.
Please review our other policies, including but not limited to our Privacy Policy and Cookie Policy, as well as our Odla Mer help page posted on our site. These policies also govern your use of Services. We reserve the right to make changes to our site, policies, and these Terms at any time without notice, effective upon posting or as otherwise required by applicable law. You are advised to regularly review the latest version which is published at https://odlamer.com/terms-of-use. If you do not wish to accept such Terms, you can terminate your account. Any continued use by you of the Services following the notification of modified Terms shall constitute acceptance by you of such Terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Odla Mer may include links to, or otherwise made available through the Services, products, services, features, and/or functionality operated by a third party (with the Sellers in the Odla Mer, collectively, “Third Party Services”). Third Party Services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such a third party and not with Odla Mer. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services and any other terms, are solely between you and such third party and are subject to such third party’s terms and conditions. You are advised to read third party terms, including terms of use/service and privacy policy, carefully as they constitute an agreement between you and the third party. You acknowledge and agree that Odla Mer is not responsible or liable for a third party’s terms, products, content or actions, including their failure to comply with their terms of use/service or privacy policy.
YOU AGREE THAT Odla Mer SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.
Odla Mer or third parties may provide links to other internet sites or resources through the Services. Odla Mer does not endorse and is not responsible or liable for any content, information, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that Odla Mer is not responsible for the availability of such external sites or resources.
You acknowledge and agree that the Services, any necessary software used in connection with the Services, any data based on content on the Services, and any content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by Odla Mer or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.
Odla Mer grants you a personal, revocable, non-transferable, non-sublicensable, non-exclusive right and license to access and use the Services; -provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, except where permitted by law.] You agree not to access the Services by any means other than through the interfaces that are provided by Odla Mer.
The term “Odla Mer,” the Odla Mer logo and other Odla Mer logos and product and service names are the exclusive trademarks of, and are owned by, Odla Mer International AB, and you may not use or display such trademarks in any manner without Odla Mer’s prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners. Odla Mer reserves all rights not expressly granted hereunder.
We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Odla Mer a worldwide, non-exclusive, transferable, assignable, sub- licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Odla Mer any Feedback that you do not wish to license to us as set forth above.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY.
Odla Mer AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. Odla Mer AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) SELLERS AND OTHER THIRD PARTY PROVIDERS WILL COMPLY WITH THEIR RESPECTIVE COMMITMENTS, TERMS OR POLICIES, AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
Odla Mer AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED BY LAW, ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH Odla Mer, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”). YOU EXPRESSLY AGREE TO HOLD US HARMLESS FOR ANY CLAIM, CONTROVERSY, OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES.
YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY Odla Mer WHILE ENGAGED IN gardening ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Odla Mer HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
WE WILL NOT BE LIABLE TO THE USER FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM OUR OBLIGATIONS IN ACCORDANCE WITH THESE TERMS, WHERE SUCH DELAY OR FAILURE IS DUE TO CIRCUMSTANCES BEYOND OUR CONTROL AND UNKNOWN TO US AT THE DATE OF THESE TERMS.
Odla Mer DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER THAN FIVE HUNDRED SEK (500 SEK). WE EXPRESSLY EXCLUDE ALL LIABILITY TO ANY THIRD PARTY.
You agree to indemnify and hold Odla Mer and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your gardening activities which generate the Content you post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy or other laws, or your violation of any rights of another person or entity. Your rights with respect to Odla Mer are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Any action related to the Terms, Content, the Services, and/or your relationship with the Odla Mer, shall be governed by, and construed and interpreted in accordance with, the laws of the Sweden without regard to its conflict of laws principles, and the parties irrevocably consent to bring any such action in and consent to the exclusive jurisdiction of the courts of Sweden.
If you want to make a claim regarding the Odla Mer and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors, you may contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämden), at Box 174, 101 23 Stockholm, or on their website arn.se.
Any dispute, controversy or claim arising out of or in connection with the Terms shall be finally settled by Swedish courts, with the Stockholm district court (Stockholms tingsrätt) as the court of first instance.
You agree that no joint venture, partnership, joint controllership, employment or agency relationship exists between you and Odla Mer as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and Odla Mer with respect to your use of the Services. The failure of Odla Mer to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of Odla Mer.
Odla Mer has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Services. Odla Mer’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
Odla Mer and its third party service providers may make improvements and/or changes in the Services, products, Services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. Odla Mer reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that Odla Mer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We will respond to any questions regarding the Services and these Terms via sree@odlamer.com. We generally respond to support requests within 10-14 days after the request is placed.
