Terms and Conditions

Effective September 8, 2019

TERMS & CONDITIONS AGREEMENT

Welcome!

Garden Fairy Co. welcomes you. We invite you to access and use our website, shop our store, and view our social media accounts.

The material appearing on the websites  https://www.gardenfairyco.com and @gardenfairyco on Instagram is provided as either information about Garden Fairy Co.’s events, people, courses, programs and story’s, or as a platform for online connection and community. The owner of this Site (Darby Brown), Darby Brown and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information or products found on or material linked to on this site.

Any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk. 

Please read carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.

The following terms and conditions form a binding agreement (“Agreement”) between you and Garden Fairy Co., a company incorporated in the United States of America. Darby Brown of Garden Fairy Co. may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site after any change means you have accepted the changed terms and conditions.

1. Copyright. All materials created by Darby Brown on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Garden Fairy Co. 

2. Intellectual Property Ownership.  If we have materials on the Site which you can download, a revocable, non-exclusive license is granted for you to download copies of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:             

  1. modify or copy the materials;

  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

  3. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Garden Fairy Co. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. 

If Darby Brown discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blacklisted from any future programs and will seek any all extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.  

3. Testimonials. We love to share your wins, successes, and reviews on our products.. >By viewing the material on this website and Garden Fairy Co. social medias, you waive the right to anonymity and any testimonials including unofficial testimonials and words of praise via Instagram stories, public Facebook posts or posts inside our Facebook groups, and direct messages with Darby Brown have the potential to be used on our marketing materials and/or any promotional efforts. You understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations. 

4. Our Refund Policy. Garden Fairy Co. is not responsible for the whereabouts of a parcel after proof of shipment. If for some reason you are dissatisfied with your experience, please do not hesitate to contact us using our “Contact” page or emailing gardenfairyco@gmail.com within 30 days of receiving the product. We will do our best to make sure you are pleased with your experience. We do not accept refunds due to the nature of most products, but we are willing to work with you to achieve a desirable end goal in most cases.  

5. Being Blacklisted. Darby Brown of Garden Fairy Co. retains the right to ‘Blacklist’ you from accessing any and all materials, courses or other products or services she offers in the event that you steal any of our intellectual property. 

6. No Guarantees. We make NO GUARANTEES about any success that you’ll get from our Site or the products we offer. Products are advertised using anecdotal evidence and advice. 

7. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Garden Fairy Co. linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and Garden Fairy Co. relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter.  This Agreement may not be amended or modified except by Darby Brown of Garden Fairy Co.

8. Site Terms of Use Modifications. Darby Brown may revise these terms of use for its website at any time without notice. By using the Site, you are agreeing to be bound by these Terms and Conditions of Use.

9. Limitation of Liability and Indemnity. In no event shall Darby Brown or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if Darby Brown has been notified orally or in writing of the possibility of such damage. 

10. Governing Law. Any claim relating to Garden Fairy Co. website shall be governed by the laws of the Province of United States without regard to its conflict of law provisions.

11. Indemnity. As a condition of your use of the Site, you hereby indemnify Garden Fairy Co. and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.

With Love, 

Darby Brown of Garden Fairy Co.