Terms of Service

Contractual Relationship

This Terms of Service (“Terms”) constitutes a legally binding agreement between you (“User,” “you,” or “your”) and Cultiva EcoSolutions (“Cultiva EcoSolutions,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, including all related content, functionality, and consulting services (collectively, the “Site” or “Services”). By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our accompanying Privacy Policy. If you do not agree to any part of these Terms, you are prohibited from accessing or using the Site or Services.

Definitions

• “Site” means the website located at cultivaeco.com and any sub-domains.

• “Services” means all consulting, content, functionality, and related offerings provided via the Site.

• “Content” has the meaning set out in Intellectual Property – Ownership.

Other capitalised terms shall have the meanings given where they first appear.

Acceptance of Terms

1. Binding Effect

   By accessing, browsing, or otherwise using the Site, you confirm that you have the legal capacity to enter into a binding agreement with us, and that you meet all eligibility requirements set forth herein. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You expressly represent and warrant that you are acting in a professional or business capacity, and not as a consumer, in entering into this agreement. You acknowledge that Cultiva EcoSolutions relies on this representation.

2. Age Requirement

   You represent that you (i) are at least eighteen (18) years of age —or the age of majority in your jurisdiction, whichever is higher—and (ii) are accessing the Site exclusively in a professional or business capacity, not as a consumer. If you act on behalf of an entity, you warrant that you have full corporate authority to bind that entity and that you yourself meet the age-of-majority requirement.

1. Scope of Services

   1. Consulting Services

      Cultiva EcoSolutions provides horticultural and agricultural consulting services accessible through the Site. This includes educational materials, articles, and the option to book online consultations (“Consultations”). Any information or advice provided—whether via the Site, email, or Consultations—is offered solely for general informational purposes and does not guarantee specific results.

   2. No Guarantee of Results

      Cultiva EcoSolutions does not guarantee any particular outcome, such as improved crop yield, enhanced plant health, or successful pest control. You bear full responsibility for any decisions or actions you take based on our recommendations or materials.

   3. Legal and Regulatory Compliance

      Cultiva EcoSolutions does not provide legal, regulatory, or compliance advice. You are solely responsible for adhering to any laws, regulations, or local requirements applicable to your agricultural or horticultural activities, including but not limited to those concerning environmental protection, use of chemicals, and safety standards.

   You agree that you are accessing the Site and Services for business purposes only and not as a consumer. To the maximum extent permitted by applicable law, you hereby waive any rights as a consumer that may otherwise apply under the laws of your jurisdiction.

2. Intellectual Property

   1. Ownership

      All text, graphics, logos, images, videos, software, and other materials on the Site (collectively, the “Content”) are owned by or licensed to Cultiva EcoSolutions and are protected by international copyright, trademark, and other applicable laws.

   2. License Grant

      Subject to your compliance with these Terms, Cultiva EcoSolutions grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Content for your personal, non-commercial purposes only.

   3. Prohibited Use

      You may not:

      • Copy, modify, distribute, publicly display, publicly perform, republish, download, store, or transmit any Content for commercial purposes without our prior written consent.

      • Remove or alter any copyright, trademark, or other proprietary notices contained within the Content.

      Unauthorized use, reproduction, adaptation, or distribution of any Content may result in civil and criminal liability. In the event of any such infringement, you agree to pay Cultiva EcoSolutions liquidated damages in the amount of €50,000 (fifty thousand Euros) or the actual damages proven, whichever is greater, representing a reasonable pre-estimate and not a penalty.

      Any such unauthorized use shall be deemed willful infringement, entitling Cultiva EcoSolutions to the maximum available statutory damages and equitable relief.

      Notwithstanding any other provision of these Terms, you acknowledge that any breach of the Intellectual Property or Prohibited Use provisions may cause irreparable harm to Cultiva EcoSolutions for which monetary damages would be an inadequate remedy, and agree that Cultiva EcoSolutions shall be entitled to seek injunctive relief (including specific performance) in any competent court, in addition to any other remedies available at law or in equity.

   4. User Content

      By submitting comments, feedback, testimonials, or other content (“User Content”) to the Site, you grant Cultiva EcoSolutions a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media for the purposes of operating and promoting the Site and our Services. You represent and warrant that you own or control all rights to the User Content.

      To the maximum extent permitted by law, you irrevocably waive any moral rights you may have in such User Content, including rights of attribution and integrity.

   5. DMCA & Copyright Notice

      If you believe any material on the Site infringes your intellectual property rights, please contact us at [email protected]. We will address alleged infringement in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA), where relevant.

      Cultiva EcoSolutions maintains a strict zero-tolerance policy for intellectual property infringement. We pledge to file immediate takedown notices with hosting providers, registrars, and search engines upon discovery of infringing material, without further warning.

   6. Third Party Content

      Certain content on the Site, including images, graphics, and other materials (“Third-Party Content”), may originate from third-party sources. Cultiva EcoSolutions does not claim ownership of any Third-Party Content unless explicitly stated.

      We make reasonable efforts to provide appropriate attribution and to use such content in accordance with applicable licenses or permissions. If you are the copyright owner of any Third-Party Content displayed on our Site and believe that its use is unauthorized or infringing, please contact us at [email protected] with the relevant details. Upon receipt of a valid notice, we will promptly investigate and, if appropriate, remove or update the content.

      Third-party content or trademarks displayed on the Site are the property of their respective owners and do not imply any endorsement, affiliation, or sponsorship.

   All rights not expressly granted herein are reserved.

   You further agree that no portion of the Site or Content shall be deemed to be in the public domain or licensed for unrestricted use absent Cultiva EcoSolutions’ express written consent.

3. Acceptable Use and Conduct

   1. Prohibited Activities

      You agree that you will not:

      • Violate any applicable laws or regulations.

      • Submit false, misleading, or defamatory material.

      • Introduce viruses, malware, or other harmful code.

      • Use any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose, except for standard search engine crawlers (such as Googlebot, Bingbot, or other crawlers operating on behalf of publicly available search engines) solely for the purpose of indexing content for search results.

      • You further agree not to use any Content or data from this Site, whether manually or via automated means, to train, develop, or improve any artificial intelligence, machine learning models, or large language models without Cultiva EcoSolutions’ express prior written consent.

      • Disrupt or impair other users’ enjoyment of the Site.

      • Attempt to circumvent, avoid, bypass, or obviate Cultiva EcoSolutions’ rights, including by creating substantially similar services or derivative works based on proprietary information, Content, or methodologies obtained through the Site.

   2. Monitoring and Enforcement

      Cultiva EcoSolutions reserves the right, but is not obligated, to monitor User Content and activities on the Site, and may remove or refuse to post any material for any reason, without notice.

4. Disclaimer of Warranties

   1. “As Is” and “As Available”

      Cultiva EcoSolutions provides the Site and Services on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied.

   2. No Guarantees

      To the maximum extent permitted by law, Cultiva EcoSolutions expressly disclaims any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Site will be secure, error-free, or that any defects will be corrected.

      You expressly acknowledge that any reliance on such information or recommendations is solely at your own risk.

5. Limitation of Liability

   To the maximum extent permitted by applicable law, the following limitations apply.

   1. Indirect Damages

      Cultiva EcoSolutions, its affiliates, and their respective licensors shall not be liable for indirect, consequential, incidental, special, or punitive damages—such as lost profits—arising from or related to your use or inability to use the Site or Services.

   2. Jurisdictional Exceptions

      Some jurisdictions do not allow limitations on implied warranties or liability for certain types of damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply.

      In jurisdictions that do not allow the exclusion or limitation of certain damages, our liability shall be limited to the maximum extent permitted by law.

      Without limiting the foregoing, in no event shall Cultiva EcoSolutions’ aggregate liability exceed one hundred Euros (€100).

      These limitations shall not apply to your indemnification obligations, breaches of intellectual property rights, or willful misconduct.

      Nothing in this section shall limit liability for death, personal injury, fraud, or gross negligence to the extent such limitation is prohibited by applicable law.

6. Indemnification

   You agree to defend, indemnify, and hold harmless Cultiva EcoSolutions and its officers, employees, agents, affiliates, and licensors from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees, expert fees, and court costs) arising from or relating to your use of the Site or Services, your violation of these Terms, or your violation of any third-party rights.

7. Privacy Policy

   Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, store, and protect your information.

8. Third-Party Links

   The Site may include links to third-party websites or services for convenience only. Cultiva EcoSolutions does not control and is not responsible for the content or policies of any third-party site. Cultiva EcoSolutions disclaims all liability arising from your access to or use of any third-party website or resource.

9. Modifications

   Cultiva EcoSolutions may modify or update these Terms at any time, in its sole discretion.

   1. Post an updated version on the Site, and

   2. Provide notice of the changes either by displaying a prominent banner on the Site or, where you have provided contact information, by email notification.

   Non-material changes (such as clarifications, corrections, or minor updates) take effect immediately upon posting.

   For material changes, you will be required to expressly accept the updated Terms before further use of the Site.

   Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to any modification, you must stop using the Site and Services before the effective date of the updated Terms.

10. Miscellaneous

    1. Entire Agreement

       These Terms, along with our Privacy Policy and any other legal notices posted on the Site, constitute the entire agreement between you and Cultiva EcoSolutions regarding your use of the Site.

    2. No Partnership

       Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, employment, or fiduciary relationship between you and Cultiva EcoSolutions.

    3. Language & Translations

       These Terms, the Privacy Policy, and all related documents are drafted in English. Any version provided in another language is supplied solely for convenience and shall have no legal force. In the event of any conflict or ambiguity between the English version and a translated version, the English version shall prevail in all respects.

    4. Severability

       If any provision of these Terms is determined to be invalid or unenforceable, such provision shall be severed, and the remaining provisions will continue in full force and effect.

    5. Survival

       The provisions of these Terms which by their nature should survive termination or expiration shall so survive, including, without limitation, provisions relating to intellectual property rights, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

    6. No Waiver

       Cultiva EcoSolutions’ failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

    7. Assignment

       Cultiva EcoSolutions may assign or transfer its rights and obligations under these Terms without restriction. You may not assign any rights or obligations without our prior written consent.

    8. Force Majeure (Events Beyond Our Control)

       Cultiva EcoSolutions shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet service disruptions, or pandemics.

    9. Contact Us

       If you have any questions regarding these Terms, please contact us at: [email protected]

    10. Electronic Communications

        You consent to receive all communications, notices, agreements, and disclosures from Cultiva EcoSolutions electronically, including by email or by posting them on the Site. You agree that all such communications satisfy any legal requirement that such communications be in writing.

These Terms may be accepted electronically and shall have the same legal effect as a signed agreement.

Enforceability & Legal Standing

This Terms of Service is binding for all users of cultivaeco.com. By continuing to use our Website, you acknowledge and agree to the terms outlined above.

Governing Law

This Terms of Service and any non-contractual obligations arising from it shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Terms of Service, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force at the time the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties and enforceable in any competent court.

All disputes, including any non-contractual obligations or claims arising out of or in connection with these Terms or the Site, shall be governed by the laws of Hong Kong.

You agree that any claims shall be brought exclusively in arbitration, and you waive any right to participate in a class action or class arbitration.

Opt-Out of Arbitration: You may decline the arbitration requirement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your full name, postal address, and a clear statement that you are opting out of arbitration. If you opt out, any disputes shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

Each party irrevocably waives, to the fullest extent permitted by law, any objection to Hong Kong as the exclusive forum.

Nothing in this section shall limit Cultiva EcoSolutions’ right to seek injunctive or equitable relief in any competent court to protect its intellectual property rights.

If you are determined by a competent court to be a consumer, you agree that any claims shall nonetheless be subject to the exclusive jurisdiction of the courts of Hong Kong, to the extent permitted by applicable law.