1. Overview

1.1 The website located and accessible at www.potsbysgtl.com and any other Sustainable Garden Tech Limited and all related websites (the ‘Pots’ or ‘Pots Platforms’) are copyright works belonging to Sustainable Garden Tech Limited, a private limited company incorporated on 26 June 2020 with company number: 12700146 with the registered office located in Dartford, Kent (the ‘Company’, ‘us’, ‘our’, ‘we’ ‘SGTL’)

1.2 Websites directly branded or indirectly branded but owned by the Company. This includes sub domains, international versions, widgets, and versions available on different devices. (b) Our Platform (C) Other media, social media accounts, brands, products, services, software that currently exist or are later developed by Sustainable Garden Tech Limited.

1.3 These general terms and conditions, together with the documents referred to in them, govern your access to and use of the Pot Platforms whenever you use them.

1.4 By accessing or using the Pot Platforms, you acknowledge and agree to be bound by these Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree to all the provisions of these Terms, you must not access or use the Pot Platforms.

1.5 A separate and user specific set of Terms and conditions is also required to unlock additional features of the app including its primary function of making or receiving bookings between the user and the third-party service provider.

2. Definitions

In these Terms, the below definitions also apply:

2.1 By “Platform” we mean a set of API’s and services such as content that enable others, including application developers and website operators to retrieve data from our App’s & other Pots Platforms.

2.2 By “Client” we mean the end user who is providing the exchange of Funds for Services via the Garden & Grounds Maintenance Contract. The homeowner, resident, person, persons, group, committee or company responsible for completing the transaction agreeing that their ground or grounds requires work and therefore accepts the price provided by the “Solutioner” or any other party legally accessing and using the app to connect with the third-party providers.

2.3 By “Solutioner” or “Solutioners” we mean the end user who is providing the exchange of services for Funds. The individual, team or company who provide gardening, grounds or home maintenance services to “The Client” via the garden or grounds maintenance contract.

2.4 By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Pots Platforms.

2.5 By “Content” we mean anything you or other users post, provide or share using Pots Platforms including text imagery, hyperlinks & video content.

2.6 By “data” or “user data” we mean any data, including a user’s content or information that you or third parties can retrieve from Pots Platforms.

2.7 By Trademarks” we mean the list of trademarks provided below:

2.8 By “Booking” or “Bookings” We are referring to the exchange of goods or services between Client & Solutioner as laid out in the Garden & Grounds Maintenance Contract.

3. Privacy Policy

3.1 we are committed to maintaining high data protection standards and recognise the importance of doing so. All users, partners & third parties as well as us internal staff must hold the same standards.

3.2 This policy states how Sustainable Garden Tech Limited collects and processes personal information from our users on any platforms under management including Pots products & Pots platforms provided by Sustainable Garden Tech Limited. We will make your rights clear to you and explain how we use and protect your data.

3.3 Private Data includes personal, personally identifiable, financial sensitive or regulated information. This extends to IP addresses, procession records, credit & debit card information, bank account information, usernames, and passwords.

3.4 As a user of our App, you are entitled to all of the Rights covered by the GDPR. This includes the following areas in regard to your private & personal data as defined above.

(i) The right to be informed

(ii) The right of access

(iii) The right to rectification

(iv) The right to erasure

(v) The right to restrict processing

(vi) The right to object

(vii) The right to object

(viii) Rights in relation to automated decision making and profiling

Overview of Data protection Policy & Principles  

3.5 Sustainable Garden Tech Limited recognise the importance of data protection, Client and partner privacy. We implement a range of policies throughout our business proceedings to ensure we are meet all the GDPR compliant standards, review these policies and ensure our team and partners are aware of this.

3.6 The Company is committed to processing data in accordance with its responsibilities under and up to the standards of the GDPR.

3.7 Personal Data shall be:

(1) Processed lawfully, fairly and in a transparent manner in relation to individuals.

(2) Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for achieving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes.

(3) Adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed.

(4) Accurate and, where necessary, ‘kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processes are erased or rectified without delay.

(5) Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for the archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals.

(6) Processed in a manner than ensures appropriate security of the personal data including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate methods.

3.8 All processes are reviewed at source with an Annual GDPR compliance review of the entire company. We continue to evolve and adapt alongside any new passed guidelines.

Company’s Legal Stance

3.9 We may use your personal information to exercise our legal rights where it is necessary to do so, for example, to detect, prevent and respond to fraud claims, intellectual property infringement claims, violations of law or our Terms and Conditions.

Information Audit

3.10 Information Audits are completed whenever a process or company change is made alongside annual reviews. This includes analysing and documenting what data systems & storage we have & use, where that data is held and any additional issues arising from annual meeting with CPO & Directors.

Data Categories

3.11 Data is collected & Processed by Sustainable Garden Tech Limited and our third-party processors. We work with Third Party Services to assist with some elements of data processing. If you would like more information on the parties we work with, the data they handle and direction to their privacy & data policies please send a request to [email protected]

3.12 Between ourselves and our third parties’ services we collect the following data; Name, Email Address, Phone Number, Physical Address, Other User Contact Info, Payment Info, Other Financial Info, Precise Location, Course Location, Photos or Videos, Customer Support, Browsing History, Search History, User ID, Device ID, Purchase History, Product Interaction, Other Usage Data, Crash Data, Performance Data, Other Diagnostic Data.

Storage Location

3.13 Our data is primarily stored in relational database hosted by a third party.

Declaration of Usage

3.14 Data is used for purposes including:

(i) Product Personalization

(ii) Analytics

(iii) App Functionality

(iv) Developer’s Advertising and/or Marketing

(v) Independent Marketing

3.15 In some instances, this data is linked to the user’s identity and used for tracking purposes. Some specific examples of this would include: Protecting users accounts & information but using a ID specific Log in system, Generating Public Profiles & Accountability, Proof of Identification, Cross-Party Data Sharing for Service Provision (including Travel Details), enhancing User Experience, Processing customer data requests, spam prevention, Promotional & Advertising Interactions, tackling issues including complaints which is outside the realms of in-app communication, client to client interactions, displaying working hours, company legitimacy checks, sharing of service lists, profile picture sharing and recognition.

Justification for Collection and Holding Period

3.16 Data is collected and held for a range of reasons and never held onto for a period of time longer than necessary. It’s stored for continued usage, optimisation and customer fraud prevention. It held to provide a secure and usable service.

3.17 Each data category has its own reasons for holding and therefore holding period with the maximum period extended to 6 years of inactivity where data is either deleted or converted into an unidentifiable format for statistical use only.

3.18 Data Requests

Policy.

How its Enforced & Maintained.

Any Data request must be granted within one-month max.

Data Requests made by Email. Daily Email Checks.

Data must be easy for customers to request and receive and in a simply readable or transferable format.

Users are informed that they can request data via email and emails are checked daily. Requests can then be sent over in any of the following easily readable formats: HTML, JSON, CSV or PDF.

Easy Request and Edit for Inaccurate or incomplete data.

All visual App Data can be edited via the app simply by clicking the “edit” button. More specific data or back end data can be edited via email request.

Data Removal Requests must be simple.

A clear email can be sent to request that a user’s information is deleted. This will result in their account being removed as it will not function.

It must be easy for users to ask for their data to stop being processed.

A clear email can be sent to request that a user’s information is no longer processed. This will result in their account being removed as it will not function.

3.19 Fair Processing Notice / Privacy Policy

Policy.

How its Enforced & Maintained.

It Must be clearly highlighted to individuals what data is being collected, what is being done with it.

This is done via our Public Privacy Policy on our website & found in App Settings Page under “Data Categories, Storage Location, Declaration of usage, Justification for Collection & Holding Period”.

It must be clearly highlighted to individuals how their data is protected.

This is done via our Public Privacy Policy on our website & found in App Settings Page under “Security Measures”.

The individual’s rights must be stated.

This is done via our Public Privacy Policy on our website & found in App Settings Page under “Individual User Rights”.

Include Companies Legal Stance.

This is done via our Public Privacy Policy on our website & found in App Settings Page under “Our Legal Stance”.

Include Time Span for holding onto Data.

This is done via our Public Privacy Policy on our website & found in App Settings Page under “Data Categories, Storage Location, Declaration of usage, Justification for Collection & Holding Period”.

User, Staff & Suppliers must all be made aware and abide too the Data Protection Policy.

The Public Privacy Policy is available on our website & found in App Settings Page. Users must accept before use on app, Suppliers are sent link with all communications and staff must read and agree upon accepting a role. Policy in regard to third party can be found on our Public Privacy Policy under “Partners & Third Parties.

3.20 Partners & Third Parties:

(1) Ensure any Suppliers & Contractors are GDPR compliant, Collect evidence of their Policies on Record. This documentation is kept on a physical hard drive and updated annually.

(2) We ensure our Policy is easily viable for suppliers and that further detail can be demonstrated upon request.  

Security Measures

3.21 Alongside standard computing security protocol’s such as complex log in processes and encrypted data our computing devices are kept overnight in locked compounds and any traveling devices are tracked & logged.

4. Data Breach Identify & React Policy

4.1 Data Breach Identify & React Policy

(1) What constitutes a data breach?

“A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss alteration, unauthorised disclose of, or access to, personal data. This Includes breaches that are the result of both accidental and deliberate causes. It also means that a breach is more than just about losing personal data” – https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/personal-data-breaches/

(2) How to Recognise a personal data breach?

Looking for unauthorised or foreign parties within systems. Spotting any unauthorised passing of data by a controller or processor. Checking data hasn’t been sent to an incorrect recipient. Ensure any computing devices which contain personal data are safe. Clear identification of lost and stolen items is maintained by ensuring that are always locked in safe storage facilities. 

1.14.3 Response Plan – What immediate actions are taken?

Allocated Team is contacted for Handling. Risk Assessment is completed, informant process is followed, and damage limitation taken. This helps prevent future events and gives third parties a chance to adapt to protect themselves from its effects.

(3) Risk assessment

As soon as a breach is identified a full data search should take place to assess if any other breaches have been made or are possible. They should then be prevented and the parties surrounding the breach should be immediately informed.

(4) Informant Process

Immediately report any signs of a breach to the companies’ responsible persons or data protection officer.

When Informing individuals of a brief it should be done in clear, plain language. The nature of the breach should be described, and the following information should be passed on:

1)The name and contact details of any data protection officers you have, or other contact point’s where more information can be obtained.

2)A description of the likely consequences of the personal data breach; and

3)A description of the measurements taken or proposed to deal with the personal data breach and, where appropriate, a description of the measures taken to mitigate any possible adverse effects. 

It should be re-enforced that the individual uses strong unique passwords.

The Individual should be encouraged to reset their password.

They should be advised to look out for phishing emails or fraudulent activity on their accounts.

If the breach has the potential to cause risks to the individuals rights and freedoms the ICO should be immediately notified. If unreported then justification should be made and logged for why not. The individual’s rights and freedoms should be carefully considered and prioritised.

(5) Automated processes protection procedure.

Part of our service is to help automate the industry and reduce costs & time saving for users. We have a lawful basis to carry out these automated decisions and users are given an inclusive set of permissions to help determine exactly how they wish to automate within the realms of our product. 

If data makes its way to us indirectly, we send a copy of our privacy statement to the users in question or immediately delete the data. This Policy also highlights exactly how their data can be requested. Data is requested through the App or Via Email.

All individuals including any vulnerable groups have additional schedule reviews to ensure that we are protecting them and their data as best we can.

All automated profiles follow the same view as the rest of the data collection policy listed above. Only holding data as long as necessary. 

(6) Update Frequency & Sign Off

This document is reviewed and updated at a minimum frequency of once a year. Any changes in policy or processing which result in a change of policy will be made and uploaded.

5. User Compliance

5.1 The User must also comply to our data protection policy holding themselves to the legal standard. Keeping obtained data private and accepting that we are following procedure in regard to their data protection and how we use their data.

6. Changes to the Pots Platforms

6.1 We do not guarantee that the Pots Platforms, or any content in it, will always be available or uninterrupted.

6.2 We reserve the right (in our sole discretion) to suspend, discontinue or restrict the availability of the Pots Platforms (or part thereof) for any reason or no reason at all. We will try to give you reasonable notice of any such suspension, discontinuation or restriction. You agree that the Company will not be liable to you or to any third party for any suspension, discontinuation or restriction of the Pots Platforms or any part thereof.

6.3 We do not guarantee that the Pots Platforms, or any content in it, will always be free from errors or omissions. We reserve the right (in our sole discretion) from time to time to change the Pots Platforms for any reason or no reason at all. We will try to give you reasonable notice of any major changes. Your continued use of the Pots Platforms following the posting of any changes to these Terms constitutes acceptance of those changes. You agree that the Company will not be liable to you or to any third party for any change to the Pots Platforms or any part thereof.

6.4 You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Pots Platforms.

6.5 You are responsible for making all arrangements necessary for you to have access to the Pots Platforms. You are also responsible for ensuring that all persons who access the Pots Platforms through your internet connection are aware of these Terms and that they comply with them.

6.6 Nothing in these Terms will restrict the Company’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the individual providing such Feedback, unless otherwise agreed.

7. Intellectual Property and Content Rights

7.1 You hereby grant the Company an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all applicable intellectual property rights you have in content displaying the Works and any other logos, trademarks, brand names, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you on the Pots Platforms including “Pots – Find a Gardener” & “Pots – Make Money Gardening!” or any variations of these products produced by Sustainable Garden Tech Limited.

7.2 It is SGTL’s policy that in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

7.2 All trademarks, product names, logos and other content linked to intellectual property rights displayed on the Pots Platforms (including, but not limited to, the Company’s own intellectual property) are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable holder of such intellectual property.

7.3 When data is deleted it may still remain in our databases for as long as necessary as stated above and following the principles set out in our Data Protection Policy.

7.4 Pots Platforms may ask for permission to access your content and information as well as other content and information that has been shared with you.

7.5 When you upload & publish content or information to your public profile you are allowing everyone on & off Pots Platforms with access or viewing of the devices showing your page access to use that information and associate it with you (Your user ID, Name, profile and any related data).

8. Safety Policy

8.1 Safety is considered throughout our app and is as important to Sustainable Garden Tech Limited, our products, our team, and our users as it is to everyone. Pots App Platforms cannot however guarantee safety. We require you to follow our policies too to help keep the app a safe secure place. Any violations of our rules will result in immediate enquiry, blocked account and legal action if required.

8.2 You will not post unauthorized content or information or access our app using harvesting tools without permission from Sustainable Garden Tech Limited. Unauthorized content can be simply considered as anything unrelated or incorporated. It’s a home, garden, management & service tool anything that isn’t suitable for child viewing shouldn’t be published and we reserve the rights to be the judge of that – If it isn’t clear to you then we don’t want you as a user.

8.3 You will not collect users’ content or information without permission.

8.4 You will not use the platform for any other purpose that that intended by its features. More on appropriate app usage can be found on your specific platform terms of usage.

8.5 You will not upload viruses or other malicious code.

8.6 You will not solicit login information or access another user’s account besides your own.

8.7 You will not bully, intimidate, or harass any use. This includes the use of bad language.

8.8 You will not post content that is considered hate speech, threatening or pornographic.

8.9 You will not post content that contains nudity or violence.

8.10 You will not use Pots platforms for anything unlawful, misleading, malicious or discriminatory.

8.11 You will not interfere with the appearance of any Pots Platforms by denial of service attacks, page rendering or other functionality aspects which could disable or overburden the proper use of the platform.

8.12 You will not facilitate or encourage any violations of this statement or our policies.

9. Account Security

9.1 Pots users are required to provide their real names and information. If this isn’t completed it’s a security risk. Here are some commitments you make to us when you create an account which help maintain the security of your account:

(1) You will not provide any false personal information or create an account for anyone other than yourself.

(2) You will not create more than one personal account.

(3) If we disable your account, you will not create another one without our permission.

(4) If you are under 18 year of age you must have permission from a responsible adult to use the app.

(5) You will not use Pots platforms if you are a convicted sex offender.

(6) You will keep your contact information accurate and up to date.

(7) You will not share your password.

(8) You will not let anyone else access your account or do anything else that might jeopardize the security of your account.

(9) You will not transfer your account to anyone.

(10) If description boxes for name, company, user or text field cause dispute we reserve the right to remove or reclaim account.

Security for Others

9.2 We respect other people and users’ rights and expect you to do the same. Here are some commitments you make in this regard:

(1) You will not post content or act on Pots platforms in a way that infringes or violates someone else’s rights.

(2) We can remove any content or information you post on Pots platforms we believe violates this statement or our policies including our Pots “Solutioner Specific T&Cs” & “Client Specific T&C’s”.

(3) If we remove any content or remove your profile you will have the opportunity to appeal.

(4) If you repeatedly infringe people’s intellectual property rights, we will disable your account when appropriate.

(5) You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted by our brands usage guidelines or with our prior written permission.

(6) If you collect information from users, you will obtain their consent and make it clear you are collecting their information. This must be accompanied by a privacy policy explaining what information you will collect and how it will be used.

(7) You will not share other people’s personal information including identification.

Mobile and Other Devices

9.3 Sign up is free however there our costs associated with usage which you will be made fully aware off.  Standard text messaging and data charges will still apply.

9.4 In the event you change or deactivate your mobile telephone number, you will update your account information on Facebook within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

9.5 You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Facebook.

10. Amendments and Termination

10.1  Unless otherwise required by law, we will notify you before we make any changes to these terms and conditions and give you the opportunity to review and comment on the revised terms before continued use of Pots Platform Services. Your continued use of our services, following the notice period of changes to our terms and conditions constitutes your acceptance of our amended terms. If, however, you do not wish to continue use, you may temporarily de-active or permanently delete your account. 

10.2 At any point we can stop providing you with the use of Pots Platform services if, in our sole discretion, you clearly, seriously or repeatedly violate this statement, any of our Pots polices, community standards, requirement by law or anything out of scope for which we and the general consensus would deep inappropriate or unacceptable. You will be notified by email or when you attempt to access your account. If your account has been disabled by mistake you should contact [email protected]

11. Disputes

11.1 If anyone brings a claim against us related to your actions, content or information on Pots Platforms you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on or off of the platform and are not responsible for the content or information users transmit or share on Pots platforms. We are not responsible for the conduct, whether online or offline of any user of any Pots Platform or Sustainable Garden Tech Product.

11.2 We will use reasonable attention, skill & care in providing our services to you, keeping them safe, secure and error free but we do not guarantee we will always function without disruptions, delays, or imperfections. We are not responsible for:

              (1) losses not caused by our breach of this statement;

(2) losses which are a side effect of the main loss or damage, and which are not reasonably foreseeable by you and us at the time of entering into this agreement;

(3) losses resulting from actions, content, information, or data of third parties including any Pots Platform Users whether online or offline; we are not responsible

12. Entire Agreement and Amendment

12.1 This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, communications and agreements, whether written or oral, between the parties relating to the subject matter hereof and all past courses of dealing or industry custom.

12.2 If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.

12.3 If we fail to enforce any of this statement, it will not be considered a waiver.

12.4 Any Amendment to or waiver of this statement must be made in writing and signed by us.

12.5 You will not transfer any of your rights or obligations under this statement to anyone else without our consent.

12.6 All of our rights and obligations under this statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

12.7 Nothing in this statement shall prevent us from complying with the law.

12.8 This statement does not confer any third-party beneficiary rights.

12.9 We reserve all rights not expressly granted to you.

12.10 You will comply with all applicable laws when using or accessing Pots Platforms.

13. Brand Usage Policy

13.1 Intellectual Property Rights

Our Sites, Platforms and their content, functionality and design are protected in the UK and elsewhere in the world by copyright laws and treaties, trademarks and other intellectual property rights which are either used by us under licence or owned by us. All such rights are reserved.

You may not distribute, reproduce, modify transmit, reuse, re-post or use our sites, or the content, functionality or design of our sites, or the content, functionality or design of our sites or platforms in any manner whatsoever, except as provided in these terms of use or the text on our sites or within the terms of any written permission granted by us.

13.2 Trademarks

Pots aims to set high standards of work in the community and raise the level of service across the nation.  Misuse of our Name & Logo is therefore not taken lightly. Items can be taken from our Media pack and branded in the following ways;

14.Community Standards

14.1 Our Platform encourages new, old, short & long-term interactions. It aims to help form and grow relationships. Our platform has been designed to help raise the bar for good service and with your help in following our community standards we can ensure that our users are good, kind & honest members of the community. Together we can support users to maintain their spaces, improve their working life and create a community we are all proud off.

14.2 If you ever feel any of these community guidelines is violated, please immediately report this to us using the “Report Criminal Activity” or “Report an offence” link in your homepage. Contact the police for any offenses you believe violate the law. We will support the legal system in any way we can – following a report.

14.3 All of these guidelines extend to the time you spend alone or with a team in someone else’s space, whilst using our platforms and if you’re not doing acting in accordance to these community standards on a day-to-day basis anyway, we don’t want you using our services.  We shouldn’t have to spell out what being a good person entails. If you haven’t had the chance to learn before – swiftly take note.

14.4 It’s also worth noting that these are community standards and community guidelines, many of these actions are examples and thousands of other examples of good or less than satisfactory behaviours exist.

Respect – Show everyone respect.

It’s important that everyone is given an opportunity show patience, understanding, feel supported and welcomed. We want both parties to always keep this in mind. Here are some clear-cut guidelines that need to be always followed.

Physical Contact

Do not touch strangers or anyone you’ve just met whilst using our platforms. As an extension of this hurting or intending to hurt anyone is never allowed.

Sexual Assault and misconduct

Make sure you are respecting peoples person space, privacy and following the law at all times

Sexual assault and sexual misconduct of any kind is prohibited. Sexual assault and misconduct refer to sexual contact or behaviour without the explicit consent of the other person. This includes indecent exposure.

Here are some examples of inappropriate behaviour.

–        No-Sex or Sex Acts whilst engaging in any meeting generated via our platforms.

–        Certain conversations that could be perceived as harmless could be offensive to others. Do not comment on people’s appearance or sexual orientation. Refrain from asking personal questions about people’s relationship status, discussing your own or talking about sex.

–        Avoid explicit language.

–        Behaviour, comments or actions that could make people feel uncomfotable in any respect are not acceptable. For Example; Nudges, whistling, winking, touching or flirting with people you do not know.

Rude and/or Threatening Behaviour

Control your emotions, aggression, harassment and confrontational behaviour will not be tolerated. Do not use language or gestures that be perceived as disrespectful or threatening. Be self-aware and try to stay away from topics that could potentially be charged like religion or politics.

Unwanted contact

You should not remain in contact with the other parties outside of the app. In-app discussions are welcomed but if the topics of discussions move away from gardening or gardening services then you need to be careful. Neither party is obliged to respond and both parties’ lifestyles should be respected.

-Do not pester.

-Respect the right to say no.

Discrimination

It’s important everyone on our platforms always feel safe and welcomed and they feeling is extended into the physical. We will not tolerate conduct that is discriminatory. Do not discriminate against someone’s based on traits such as age, colour, disability, gender identity, marital status, national origin, race, religion, sex or sexual orientation.

Property damage

The garden is an extension of the home and the home is an extension of the community. Ensure that you are showing everything in your immediate atmosphere respect. You are liable to repair any damage done to your client’s property through acts of negligence. We only want companies or individuals with good values using our services and if it appears your company does not share these values you will be removed.

Safety

We do not have our own independent set of safety standards. Pots & Pots Platforms act to provide space that provides connections between client and Solutioner. As an app user you should follow all standard Health & Safety Practices.

1)     Always follow the law.

2)     Use of Drugs & Alcohol are strictly prohibited.

3)     Be prepared to show the necessary documentation surrounding safe practice with tools and machinery.

4)     Always wear appropriate Personal Protective Equipment.

5)     Do not operate machinery near clients or the public.

6)     We take no responsibility for your failure to do so, and the misuse of tools or machinery could result in being banned from the app and legal action.

As a client it is your responsibility to make the Solutioner aware of harmful surprises that may arise and be conscious of their presence. Examples of how you could do this may include.

1)     Alerting others of any obstructions or hazards such as sharp objects, holes, loose ground, bodies of water or significant level changes.

2)     Alerting others of any fauna or flora that could result in physical harm

3)     The introduction of pets should only be done if consent if given and it is safe to do so.  

Fairness

People make mistakes, People have different opinions, life can result in the change of plans that our out of your control and people have emotions. Do not rush to conclusions or act in a way that could be deemed unfair. Any issues arising can be processed through the Pots Feedback & Appeal section of the App where we take the time to receive both sides of a story, so you don’t have to.

1)     Give things time to evolve.

2)     Be Patient.

3)     Be Understanding.

4)     Use evidence to document any issues arising.

5)     Do not allow favouritism or discrimination to cloud your judgement. 

Behaviour

Once again, we do not expect to have to teach you to behave or act in a well-manor way. If it isn’t clear to you what constitutes good and bad behaviour you will swiftly find yourself removed from the app until a time, we can provide you with amply education to ensure nothing negative will persist.

App users should not be fully legitimised just for being “App Users”.  Your status as a Solutioner is earnt through demonstrating good reviews and extended service alongside any other accreditations and badges earnt and displayed.

1)     Do not use swear words or words that could be assumed as such.

2)     Do not urinate or excrete in a client’s garden.

2.1) Ask for permission to use their toilet if you must and do not become offended if they decline.

3)     Do not touch anyone without permission.

4)     Do not do anything that may be deemed as physical or mental abuse.

Tolerance

There will be 0 tolerance for any behaviour not deemed satisfactory. If it isn’t clear that you weren’t meeting any community standards you will be banned from the app and details will be kept on record and past onto the police if necessary. If you don’t share this low tolerance for any of the above criteria, we do not want you as a user.

Law

Follow the Law. You are responsible for knowing and obeying all the relevant laws of your operating area and residency.

No Use of drugs or alcohol is permitted.

Fraud prevention; deception of any form could simply damage trust or be dangerous. Intentionally falsifying information or acting as someone you are not allowed. Provide accurate information when reporting incidents, creating or accessing your accounts.

Do not knowingly spread misinformation.

Insurance & Public Liability

As you are liable for any damages done between or during a visit as you would be on a day-to-day basis, we encourage you to have additional insurances in place. Any insurances required by the law should be up to date and accessible.

Have insurances like public liability is seen as a benefit to many and sometimes a requirement that’s why we encourage you to upload & verify this on your profile.

15. Limitation of Liability

15.1 To the extent permitted by applicable law, Sustainable Garden Tech Limited, Pots or Pots Platforms will not be liable to you in any way [whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise)for: any theft or loss of your or any other persons property in connection with the booking services or any booking accepted by Sustainable Garden Tech Limited, Pots or Pots Platforms;

               (1) any booking that has not been accepted;

(2) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Pots App, Pots Platform services or variations of the product or platform’s provided by Sustainable Garden Tech Limited;

(3) any losses that could not reasonable be expected to result from negligence or breach of these terms and conditions;

(4) any loss relating to your business or the business of your employer or any other person;

(5) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

(6) any other loss, damage, costs, expenses or liability that you suffered in connection with the Booking Services, save to the extent that the Pots App, Pots Platforms or services provided by Sustainable Garden Tech Limited fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

15.2 If Sustainable Garden Solutions Limited, Pots Apps or Pots Platforms is liable to you in connection with the booking services, its liability will be limited to an amount equal to £250 in aggregate.

16. Your Gardening Service Contract from your Gardening Service Provider

16.1 Sustainable Garden Solutions Limited, Pots Apps & Pots Platforms are not Gardening Service, grounds maintenance, house maintenance or any other physical service provider. Gardening and all variations of services are provided to you under a contract “Garden & Grounds Services Contract”) between you and the Gardening Service provider that is identified to you in the booking confirmation provided by the Pots App.

16.2 Licensing, permits, qualifications or insurances are not the responsibility of Sustainable Garden Tech Limited, Pots App or Pots Platforms and any requirements to work are the responsibility of the Garden & Grounds service provider to provide.

16.3 Sustainable Garden Tech Limited, Pots Apps and Pots Platforms are not a party to the Garden & Grounds Services Contract and act as a disclosed agent for the Gardening Service Provider in communicating the gardening services providers agreement to enter into the Gardening Services contract.

17. Garden & Grounds Services Contract Terms

17.1 These terms govern the access or use by you, an individual, Sole Trader, Limited Company or any other pre-defined legal entity from within any country in the world that Sustainable Garden Tech Limited, Pots App’s or Pots Platforms are available by Sustainable Garden Tech Limited, a private limited liability company established in the United Kingdom having its registered office at 8 Twistleton Court Priory Hill, Dartford, Kent, DA1 2EN, company number 12700146. In relation to Garden & Grounds Services Hire Bookings, the services enable you to access the booking services provided by Pots App’s described throughout the terms of use but for the avoidance of doubt these terms do not apply to the terms of use listed outside of the Garden & Grounds Services Contract Terms.

17.2 ENSURE YOU HAVE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

17.3 Your access to the Pots App Platforms and use of the services provided constitutes your agreement to be bound by these terms, which establishes a contractual relationship between you and Pots App. If you do not agree to these terms, you are not permitted to access or use the services. These terms expressly overrule prior agreements or arrangements with you. Pots App, Sustainable Garden Tech Limited or Pots Platforms may terminate these terms or any services with respect to you or generally stop offering or prevent access to the services or any portion thereof, at any time for any reason. Pots App will provide you with as much reasonable notice as it can when considering termination, cessation, or denial, being at least 24 hours’ notice. Pots App does however reserve the right to terminate these terms or any Pots Platform services with respect to you or any other legal entity, or generally cease offering or deny access to the services or any portion therefore at any time without notice if, you breach these terms, if impractical to give such notice in the given circumstances or if we decide that the delay of termination would expose anyone to a significant risk of harm or damage. 

17.4 Any changes made to these terms will be effective as of their announcement online as of this location or otherwise. Your continued using of the services after such posting constitutes your consent to be bound by the terms as amended. 

17.5 Our collection and use of personal information in connection with the services is as provided in our Privacy Policy and can be located at Pots by SGTL – Nurture & Grow with Pots.

17.6 The services make up a technology platform that enables users of Pots Apps or Pots Platforms to pre-book and scheduled visits from a gardener, grounds keeper or any legal body with the ability to complete gardening & grounds maintenance services with independent third-party providers of such services, including independent third-party Garden & Grounds Service Providers. YOU ACKNOWLEDGE THAT SUSTAINABLE GARDEN TECH LIMITED, POTS APP’S & POTS PLATFORM’S DO 17.7 NOT PROVIDE GARDENING OR GROUNDS SERVICES OR FUNCTION AS A GARDENING SERVICE PROVIDER AND THAT ALL SUCH GARDEN & GROUNDS MAINTENANCE SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SUSTAINABLE GARDEN TECH LIMITED, POTS APP’S & POTS PLATFORM’s OR ANY AFFLIATES OF SUSTAINABLE GARDEN TECH LIMITED, POTS APP’S & POTS PLATFORM’s.

17.8 Subject to your compliance with these terms Pots App grants you a limited, non-sublicensable, nonexclusive, non-transferable, revocable licence to: 10.3.1 access and use the application on your personal device solely in connection with your use of the services and 10.3.2 access and use any content, information and related materials that may be made available through the services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Sustainable Garden Tech Limited, Pots App’s & Pots Platforms.

17.9 You may not remove any copyright, trademark or other proprietary notices from any portion of the services or reproduce, modify prepare derivate works based upon, distribute, licence, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services except as expressly permitted by Sustainable Garden Tech Limited, decompile, reverse engineer or disassemble the services except as may be permitted by applicable law; link to, mirror or frame any portion of the services; cause or launch any programs or scrips for the purpose of scraping, indexing, surveying or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services or attempt to gain unauthorised access to or impair any aspect of the services or its related systems or networks.

18. Additional Disclaimer

18.1 We are not responsible for anyone who attempts to misuse the services or provides inaccurate information.

18.2 By using Pots App’s, you give consent to be provided by third party content and hyperlinks.

18.3 The software is provided “AS IS” and “AS AVALIBLE” and Sustainable Garden Tech Limited, Pots apps and Pots Platforms disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Pots Apps makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested using the services, or that the services will be uninterrupted or error-free. Pots App’s & platforms does not guarantee the quality suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of the use of services, and any services or goods requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

19. Solutioner Specific T&C’s

19.1 Using contact details for private messaging or otherwise taking the exchange of services from the platform is against policy and legally enforceable. Contacting users outside of the app or using the app as a lead generation tool before removing to contact and exchange services directly is against policy and encouraging this makes it harder for our platform to grow improve. We aim to create a constantly evolving platform that allows improved service and lifestyle for all parties. Working against this set up will slow progress and act against you in the long run. It will also be followed up with legal action.

19.2 Working Hours Settings

(1) Working Hours are the periods within the day which you are available for booking. For Example, if your available for booking 8am-4pm you should be prepared to accept 8am bookings. This would mean you are prepared and ready to arrive on time to begin working at 8am.

19.3 Payment

Once the work is completed and the client has confirmed it has been done to a good standard the value of the service will be moved to your pay-outs account. If a client does not confirm within 24 hours it will automatically be put through as completed. Once your pay-outs account reaches over £100.00 you can make a transfer to your bank account.

19.3.1

An exception to the above would be if a client disputes the booking. A dispute raised within 24 hours will be sent to our office team who have been thoroughly briefed on sensible working expectations, we will be able to advice if the work completed is to a good standard and covers a good output. You will not be paid if the work is deemed unsatisfactory but with experience in the industry we understand that clients can also be misguided we will look to fairly assess the situation advising both you and the client on our decision. If the work is poor quality, incomplete, a term or condition has been broken or you have acted poorly you will not receive payment for your services. You can re-appeal a decision if you are unhappy with the feedback provided. Repeat offences will result in the removal from the app for both gardeners and clients.

19.4 Appeals & Reviews  

(i) Appeal a review

Appealing work completed can be done via email [email protected] . We are working on an in-app disputes system that we look forward to introducing to you.

(ii) Before & Afters

Taking before and afters of the work you complete is the best way you can protect your hard work and reputation. If a client makes a complain but has no evidence and you can prove the work is completed you will automatically win the case along as the work shown in the photo is of good quality and the client can confirm that is their garden.

You are responsible for ensuring you are legally registered to work in the UK to act as a service provider on Pots platforms.

20. Client Specific T&C’s

20.1

Contacting Users outside of the app or using the app as a lead generation tool before removing is against policy and encouraging this makes it harder for our platform to improve. We aim to improve service and help people grow doesn’t help if take them.

20.2 Booking description

If your booking does not include a description it is up to the gardener’s professional experience to guide what tasks they complete in that time. If you give a task list there is no guarantee the work will be completed. It is an hourly service and although it may guide there attention any uncompleted work should be completed in an additional booking or agreeded extension.

20.3 Before & Afters

Taking photos before and after the job is completed is very important. Not only will it initial help direct your gardener if you are unavailable, but it will help give you a sense of what has been completed and grounds for an appeal if you feel the work completed isn’t satisfactory. It will also help us guide you on if the work was in fact satisfactory and manage expectations in future.

20.4 Payment

When accepting a booking you “Pay in Full” including both the time for the gardener and your booking fee. Selecting a time & gardener expresses your confirmation, the total price must be paid in full to secure the booking and all cancellations will result in a loss of the booking fee.

20.4.1

There are no cancellations within 24h this means if you make a short notice booking within a 24-hour period you cannot change it without requesting the Solutioner and they are not entitled or expected to respond.

20.5 Appeal System

If you have an issue with the service provided you will have the option to appeal payment. An appeal must take place 24 hours. An appeal does not guarantee a refund. We are here to support the Solutioner as much as yourself and are here to guarantee fairness as best we can. Information from both parties will be reviewed before a decision is made repeatably loosing appeals will result in removal from the app.  

21. Additional user Terms & Clauses

Non-Compete Clause

a. Gardeners using the Pots platform acknowledge and agree that they shall not engage in any garden or landscaping services, directly or indirectly, outside of the Pots platform with Pots Platform Customers for a period of 24 months following their last service provided through the Pots platform.

b. This non-compete clause is aimed at preserving the integrity of the Pots platform. It ensures that Gardeners do not solicit or provide services to Customers they were introduced to via Pots on an independent basis for the specified duration.

c. Violation of this non-compete clause may result in immediate suspension and removal of the Gardener from the Pots platform, along with potential legal actions and financial penalties.

Non-Solicitation Clause

a. Gardeners understand and agree not to directly or indirectly solicit any Customers or individuals introduced to them through the Pots platform for any gardening or landscaping services outside of the Pots platform with the written consent of an employed Pots representative.

b. The non-solicitation clause is designed to safeguard the relationships between Gardeners and Customers established via Pots, ensuring that Gardeners do not attempt to bypass the platform for future work.

c. Any Gardener found in violation of the non-solicitation clause may face removal from the Pots platform and potential legal consequences.

Non-Poaching Clause

a. Pots customers understand and agree that they shall not directly or indirectly hire Gardeners introduced to them through the Pots platform for gardening or landscaping services outside of the platform.

b. The non-poaching clause is in place to maintain the Pots platform’s exclusivity and to prevent Customers from engaging Gardeners in independent arrangements for gardening services introduced through Pots.

c. Any Customer found in violation of the non-poaching clause may face consequences as deemed necessary by Pots.

These non-compete, non-solicitation, and non-poaching clauses are an integral part of Pots’ Terms and Conditions and are legally binding. By using the Pots platform, both Gardeners and Customers explicitly agree to adhere to these clauses. Any violations may result in strict consequences, including but not limited to removal from the platform and potential legal action.

22. Internal Services Policies  

Stripe – Services Agreement – United Kingdom | Stripe | United Kingdom

AWS – AWS Service Terms (amazon.com)

23. Inquiries, Errors, Disputes, Complaints, or appeals

Inquiries, Errors, Disputes, Complaints, or Appeals can all be addressed by contacting [email protected] with the Subject Header of the above-listed topic, e.g “Error” and as much information as necessary for us to move forward.